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All Journal Cerdika: Jurnal Ilmiah Indonesia Journal of Law, Society and Living Norms
Taufik Tri Prabowo
Universitas Borobudur
Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Quo Vadis Protection of Human Rights in Coercive Confiscation Efforts Taufik Tri Prabowo; Ade Saptomo
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 12 (2024): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i12.2317

Abstract

The protection of human rights in the context of compulsory seizure efforts remains a topic of debate in legal practice in Indonesia. Seizures are often carried out without regard for fundamental individual rights, resulting in the potential for human rights violations, particularly concerning property rights and justice. This study aims to examine how human rights protections are implemented in the seizure procedures undertaken by law enforcement officials. The research method employed is normative juridical, utilizing an approach based on statutory regulations, case studies, and legal doctrine analysis. Data collected are qualitatively analyzed through literature reviews and eval_uations of relevant cases. The findings indicate that while there are regulations governing seizure procedures, their implementation often does not align with human rights principles. There is an urgent need for improvements in oversight mechanisms and accountability in the seizure process to prevent abuse of power. This research recommends reinforcing standard operating procedures that adhere to respect for human rights and stringent oversight in every seizure action.
Quo Vadis Protection of Human Rights in Coercive Confiscation Efforts Taufik Tri Prabowo; Ade Saptomo
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 12 (2024): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i12.2317

Abstract

The protection of human rights in the context of compulsory seizure efforts remains a topic of debate in legal practice in Indonesia. Seizures are often carried out without regard for fundamental individual rights, resulting in the potential for human rights violations, particularly concerning property rights and justice. This study aims to examine how human rights protections are implemented in the seizure procedures undertaken by law enforcement officials. The research method employed is normative juridical, utilizing an approach based on statutory regulations, case studies, and legal doctrine analysis. Data collected are qualitatively analyzed through literature reviews and eval_uations of relevant cases. The findings indicate that while there are regulations governing seizure procedures, their implementation often does not align with human rights principles. There is an urgent need for improvements in oversight mechanisms and accountability in the seizure process to prevent abuse of power. This research recommends reinforcing standard operating procedures that adhere to respect for human rights and stringent oversight in every seizure action.
The Status Quo of Corruption Eradication in Indonesia: Reinterpreting Friedman’s Legal System Theory in the Era of the New Criminal Code Taufik Tri Prabowo; Marnija; Raden Ferdiandra Defry Yusdanial; Hans Karyose; Muhammad Anshari
Journal of Law, Society and Living Norms Vol. 2 No. 1 (2026): August 2026
Publisher : CV. Norma Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66111/j8nmvj63

Abstract

Corruption remains one of the most persistent structural challenges in Indonesian governance. Despite a relatively dense anti-corruption legal architecture, the Indonesian anti-corruption regime has not produced consistent and transformative results. This article examined the status quo of corruption eradication in Indonesia through Lawrence M. Friedman's legal system theory, focusing on the interaction among legal substance, legal structure, and legal culture. Using normative juridical research supported by conceptual, statutory, and systems-oriented analysis, the study assessed the implications of the recodification of corruption offences in Law Number 1 of 2023 on the Criminal Code, the fragmentation of institutional mandates among the Corruption Eradication Commission, the Attorney General's Office, and the National Police, and the persistence of permissive social attitudes toward corrupt practices. The findings showed that each component of Friedman's legal system exhibits a distinct dysfunction that reinforces the others, producing a feedback loop in which formal anti-corruption instruments fail to generate substantive change. The article concluded that sustainable corruption eradication requires simultaneous harmonisation of legal norms, coordinated institutional reform, and transformation of public integrity culture.
Co-Authors Ade Saptomo Hans Karyose Marnija Muhammad Anshari Raden Ferdiandra Defry Yusdanial