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All Journal Journal of Law and Policy Transformation Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik International Journal of Law, Crime and Justice
Basuki Rekso Wibowo
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Legal Aspects of The Agreement Between Commitment-Making Officials and Providers of Goods and Services At The Ministry of Tourism and Creative Economy Agus Subhan Muzaki; Basuki Rekso Wibowo
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 4 (2024): Desember : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v1i4.330

Abstract

Government Goods and Services Provider Contract is a type of contract that is routinely carried out by the Government to meet various needs in organizing government activities. Transactions for the procurement of goods and services, namely the Ministry of Tourism and Creative Economy. The research method used is normative research using a statutory, conceptual and field approach. The results of the study are that the work contract between the commitment-making official and the goods and services provider at the Ministry of Tourism and Creative Economy still finds contract clauses that are not fully implemented and not understood by both parties. The impacts that will occur if the contract is not fully implemented and not understood by both parties include triggering contract disputes, even a greater impact is an indication of corruption because the source of funds for the procurement of goods and services is from the APBN. The purpose of this study is to provide education to both parties that the work contract is a guideline that must be understood and obeyed like the law. The ideal concept of direct procurement work contracts in the Ministry of Tourism and Creative Economy includes strengthening the role of APIP in the procurement of goods and services through direct procurement methods through audits, evaluations, reviews, monitoring and other supervision, the creation of standard contracts by including the substance of clauses that generally occur, and the use of sectoral e-catalogs provided by LKPP.
Analysing the Legal Dynamics Involved in the Development of New Renewable Energy in Indonesia, Focussing on Regulations and the Challenges Faced During Implementation Hendra Dinatha; Fauzie Yusuf Hasibuan; Basuki Rekso Wibowo
International Journal of Law, Crime and Justice Vol. 1 No. 3 (2024): September : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v1i3.195

Abstract

Energy is an essential requirement for civilisation, and due to the rapid expansion of the population in Indonesia, energy consumption has also experienced a substantial rise. Hence, it is crucial to utilise and enhance the capacity of sustainable energy resources present across the archipelago, including geothermal, hydropower, wind, bioenergy (including bioethanol, biodiesel, and biomass), ocean current energy, nuclear, and solar energy. Indonesia's energy strategy is currently focused on the use of renewable energy to decrease carbon emissions. This is backed by legislation that promotes the development of renewable energy programs under the National Energy strategy. This article evaluates the regulatory factors associated with the advancement of new renewable energy and its influence on the establishment of sustainable energy infrastructure in Indonesia. This research provides a comprehensive legal analysis of the changing regulations surrounding renewable energy. It examines how these regulations affect the establishment of sustainable energy infrastructure and investigates the current legal consequences. The study aims to understand how the regulatory framework can either support or impede the progress of renewable energy development. This research offers valuable insights on the role of legislation in facilitating the shift towards sustainable energy sources in Indonesia. It also sheds light on the potential obstacles and advantages that may arise during this transition.
Corporate Criminal Liability in Jordan, Australia, and Indonesia: A Comparative Analysis of Doctrines and Recent Developments Emiliya Febriyani; Jamin Ginting; Basuki Rekso Wibowo
Journal of Law and Policy Transformation Vol 10 No 2 (2025)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v10i2.11527

Abstract

This study analyzes the development of corporate criminal liability in Jordan, Australia, and Indonesia through a comparative doctrinal approach, focusing on the shift from the traditional identification doctrine toward models that attribute criminal fault to corporate culture. The research applies a normative legal method combined with comparative legal analysis, examining the Jordanian Penal Code, the Australian Criminal Code Act 1995 (Cth) and the Australian Law Reform Commission Report No. 136 (2020), Law No. 1 of 2023 on the New Indonesian Criminal Code (KUHP), and Supreme Court Regulation No. 1 of 2023, alongside scholarly literature on identification doctrine, vicarious liability, strict liability, and corporate culture theory. The findings show that Jordan retains a classical identification-based model, holding corporations liable only when fault can be linked to individuals acting as the “directing mind and will.” Australia has adopted the most advanced framework through Section 12.3 of the Criminal Code, which attributes fault based on corporate culture and is strengthened by proposals for system-of-conduct offences. Indonesia occupies a transitional position: although the Law No. 1 of 2023  formally recognizes corporations as criminal subjects, its fault-attribution structure remains hybrid, and organizational fault is only expressly acknowledged sectorally through Supreme Court Regulation No. 1 of 2023. The study concludes that effective corporate criminal liability depends on a legal system’s capacity to conceptualize fault as systemic failure rather than individual wrongdoing.
Co-Authors Agus Subhan Muzaki Christiawan, Rio Emiliya Febriyani Fauzie Yusuf Hasibuan Hendra Dinatha Jamin Ginting Nunsuhaini Tuti Widyaningrum