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All Journal Diktum PAMALI: Pattimura Magister Law Review Bacarita Law Journal Al-battar: Jurnal Pamungkas Hukum
Loin, Raymundus
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Law, Crime, Criminology & Criminal Justice Other

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Problematika Advokasi Kebijakan Publik Oleh Kelompok Masyarakat Sipil Di Kota Pontianak : (Studi Advokasi Kebijakan Publik Tentang Toleransi Di Kota Pontianak) Dawi, Klara; Wagner, Ivan; Yuliastiani, Anita; Loin, Raymundus; Pratama, Erwin Aditya
Diktum: Jurnal Ilmu Hukum Vol. 9 No. 2 (2021): November 2021
Publisher : Universitas Pancasakti Tegal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24905/diktum.v9i2.115

Abstract

One of the civil society groups currently advocating for public policy in Pontianak City is the Pontianak Bhinneka Network (PBN). As for public policy advocacy by the Pontianak Bhinneka Network regarding tolerance, it is interesting to examine the problems. The limitation scope of the problem is about problems of public policy advocacy by civil society groups. The PBN has made a fairly systematic and structured effort in advocating and encouraging policies on tolerance in Pontianak City. However, there are still problems faced by PBN in conducting policy advocacy covering internal and external aspects. From the internal aspect, it focuses on organizational capacity and relates to autonomy, especially related to funding and sustainability. Problems from the external aspect regarding relations with state actors and other actors, and managing public issues related to policy issues that are being pushed. The two external problems are interrelated, and related to sub-systems, namely legal substance, legal structure, and legal culture.
Optimizing Asset Recovery in Corruption Cases: Evaluating Indonesia’s Legal Framework and the Need for Non-Conviction Based Forfeiture Samosir, Marlina; Loin, Raymundus; Farid, Diana; Hanafi, Hanira; Boumpa, Anna
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.463

Abstract

Corruption is categorized as an extraordinary crime that causes great losses to state finances, so it is not enough to overcome it only through corporate criminalization, but must also be oriented towards asset recovery. This study aims to analyze the effectiveness of the asset forfeiture mechanism in corruption crimes based on laws and regulations in Indonesia and identify the urgency of legal reform to increase the optimization of asset returns. This research uses a normative legal method with a statute approach and a conceptual approach. The data used is secondary data consisting of primary legal materials in the form of laws and regulations, such as the Criminal Code, Law Number 31 of 1999 jo. Law Number 20 of 2001, as well as Law Number 1 of 2023, and secondary legal materials in the form of scientific literature and legal doctrine. Data analysis was carried out qualitatively by examining the conformity of legal norms with the principle of effectiveness in recovering state losses. The results of the study show that the asset forfeiture mechanism in Indonesia's positive law is still dominated by the conviction based forfeiture model which depends on the main criminal verdict. This condition creates various limitations, such as a high burden of proof, a long process, and a legal loophole for perpetrators to hide or transfer assets resulting from corruption. As a result, the effectiveness of recovering state losses has not been optimal. Thus, legal reform is needed through strengthening asset forfeiture regulations, including the development of a non-conviction based asset forfeiture mechanism, in order to increase the effectiveness of asset recovery and strengthen efforts to eradicate corruption in Indonesia.
Artificial Intelligence (AI) and Information and Communication Technology (ICT) -Based Sand Mining Supervision: A Legal Business and Maqashid Sharia Perspective Ali, Bujang; Loin, Raymundus
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3613

Abstract

Introduction: The supervision of sand mining in Indonesia remains predominantly reliant on manual methods, which are deficient in accuracy, transparency, and effectiveness. The integration of Artificial Intelligence (AI) and Information and Communication Technology (ICT) presents an opportunity to establish a more equitable and sustainable oversight system.Purposes of the Research: This research aims to analyse the integration of AI-ICT in the supervision of sand mining in Ketapang from the perspectives of business law and maqashid syariah.Methods of the Research: This study employs a qualitative approach, utilising literature reviews, analysis of national and regional regulations, and an examination of maqashid syariah. Data are collected through legal documents, academic articles, and policy reports, and subsequently analysed using descriptive-analytical methods. Triangulation techniques are employed to ensure data validity and consistency of findings.Results Main Findings of the Research: The results of the research indicate that the integration of AI-ICT can enhance the accuracy of detecting mining activities, strengthen legal compliance, and support maqashid syariah values such as environmental protection and social justice. However, the study also identifies limitations related to digital infrastructure and the absence of specific regulations concerning the utilisation of AI-ICT within the mining sector. The integration of AI-ICT has the potential to create a more transparent, accountable sand mining supervision system that aligns with the principles of sharia justice. These findings are significant as a foundation for policy recommendations and regulatory enhancements to support the digital transformation of the mining sector.
Disharmony of Regulations as a Normative Impact of the Enactment of the New Criminal Code Loin, Raymundus; Samosir, Marlina
Bacarita Law Journal Vol 6 No 2 (2026): April (2026) BACARITA Law Journal (In Progress)
Publisher : Programs Study Outside the Main Campus in Law Pattimura University ARU Islands Regency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/bacarita.v6i2.24195

Abstract

The enactment of the new Criminal Code marks a major change in the Indonesian criminal law system. However, this reform must contend with various existing sectoral laws, thus creating the potential for regulatory disharmony due to differences in regulations and overlapping norms. This study aims to determine the occurrence of regulatory disharmony as a normative impact of the enactment of the new Criminal Code in relation to various existing sectoral laws in Indonesia and to determine the overlapping regulations and application of the principle of lex specialis derogat legi generali between the new Criminal Code and specific laws contributing to the emergence of regulatory disharmony in the national criminal law system. This study uses normative juridical legal research, where the data is sourced from secondary data. The research results indicate that regulatory disharmony as a normative impact of the enactment of the new Criminal Code occurs because a number of its criminal provisions are not fully aligned with existing sectoral laws. Differences in regulations, the scope of offenses, and the construction of sanctions give rise to overlapping norms and unclear application of the lex specialis principle, thus creating legal uncertainty in the practice of criminal law enforcement in Indonesia. The overlapping regulations between the new Criminal Code and special laws, coupled with the unclear application of the lex specialis derogat legi generali principle, are significant factors triggering regulatory disharmony. Uncertainty in determining which norms should be prioritized in dual-regulated offenses leads to differences in interpretation among law enforcement, opens up room for inconsistent decisions, and disrupts legal certainty in the national criminal law system.
Co-Authors Ali, Bujang Boumpa, Anna Dawi, Klara Erwin Aditya Pratama Farid, Diana Hanafi, Hanira Ivan Wagner Samosir, Marlina Yuliastiani, Anita