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All Journal Journal of Law and Legal Reform The Indonesian Journal of International Clinical Legal Education
Napitupulu, Michael Timothy
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Law, Crime, Criminology & Criminal Justice

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The Direction of Indonesia’s Legal Policy on the ASEAN Mutual Legal Assistance Treaty in Criminal Matters: A Path to Law Reform in Cross-Border Crime Enforcement in Southeast Asia Arifin, Ridwan; Rodiyah, Rodiyah; Waspiah, Waspiah; Amandha, Asyaffa Ridzqi; Krisnawati, Elizabeth Yunita; Sandi, Tirta; Napitupulu, Michael Timothy
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i2.3206

Abstract

This research explores Indonesia’s legal policy on the ASEAN Mutual Legal Assistance Treaty in Criminal Matters (AMLAT) and its implications for law reform in the enforcement of cross-border crime in Southeast Asia. AMLAT plays a critical role in facilitating legal cooperation among ASEAN member states in criminal matters, addressing challenges posed by transnational crimes such as human trafficking, drug smuggling, and cybercrime. Despite its significance, Indonesia faces legal and procedural gaps in aligning its domestic legal framework with AMLAT provisions, creating obstacles in efficient criminal law enforcement across borders. The novelty of this study lies in its focus on Indonesia’s unique legal challenges and reform needs in the context of AMLAT, an area that has received limited scholarly attention. While previous studies have explored AMLAT’s role at a regional level, this research specifically investigates the legal and policy issues within Indonesia and how they affect broader ASEAN cooperation on cross-border crime. The urgency of this research is underscored by the increasing prevalence of transnational crimes in Southeast Asia, exacerbated by advancements in technology and globalization. A more robust legal framework is crucial for Indonesia to effectively collaborate with ASEAN members in combating these crimes. The contribution of this study is twofold. First, it provides a comprehensive analysis of the current state of Indonesia’s legal policy on AMLAT, highlighting key areas for legal reform. Second, it offers practical recommendations for policymakers to strengthen Indonesia’s role in regional legal cooperation, ensuring more effective cross-border crime enforcement in Southeast Asia.
Legal Policy and Challenges in Protecting Sustainable Food Agricultural Land in Indonesia: A Constitutional and Criminal Law Perspective Emha, Zidney Ilma Fazaada; Arifin, Ridwan; Napitupulu, Michael Timothy; Putri, Destashya Wisna Diraya; Putri, Nadiyah Meyliana
The Indonesian Journal of International Clinical Legal Education Vol. 6 No. 3 (2024): September
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/iccle.v6i3.17008

Abstract

Indonesia, as a legal state under Article 1(3) of the 1945 Constitution, aspires to achieve sovereignty, justice, and prosperity. Food sovereignty is essential to realizing these constitutional ideals. Law Number 41 of 2009 on the Protection of Sustainable Food Agricultural Land (PLP2B) serves as a key legislative framework to safeguard agricultural land. However, its implementation faces significant challenges, including weak enforcement mechanisms, limited coordination among stakeholders, and insufficient public awareness. These obstacles hinder efforts to prevent land conversion and ensure sustainable food security. This research addresses the urgency of fulfilling the constitutional mandate outlined in the second and fourth paragraphs of the Constitution’s Preamble, emphasizing sustainable development and societal welfare. Through a normative juridical approach, this study analyzes the legal policy for protecting agricultural land from constitutional and criminal law perspectives, offering a novel critique of the existing framework. Findings indicate gaps in regulatory synchronization, the absence of effective criminal sanctions to deter violations, and weak institutional coordination. To address these issues, the study recommends strengthening legal provisions, imposing stricter sanctions for land conversion, and improving inter-agency collaboration to ensure effective land protection. This research contributes to the development of legal science by offering practical recommendations for enhancing sustainable land protection policies. It provides valuable insights for policymakers, legal practitioners, and law enforcement agencies, supporting efforts to achieve food sovereignty and improve community welfare in Indonesia.
Co-Authors Amandha, Asyaffa Ridzqi Emha, Zidney Ilma Fazaada Krisnawati, Elizabeth Yunita Putri, Destashya Wisna Diraya Putri, Nadiyah Meyliana Ridwan Arifin Rodiyah - Sandi, Tirta Waspiah -