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All Journal Integritas: Jurnal Antikorupsi Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI Indonesian Journal of Counter Terrorism and National Security
Geofani Milthree Saragih
Universitas Sumatera Utara
Law, Crime, Criminology & Criminal Justice

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The Urgency of Meaningful Participation in the Law Making Process from the Perspective of Democratic Countries (Comparison of Indonesia, South Africa and the United States) Rengga Kusuma Putra; Aziz Widhi Nugroho; Geofani Milthree Saragih; Siti Fatimah; Satriya Nugraha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5270

Abstract

Meaningful participation in law formation is a crucial aspect of a democratic country. The existence of this participation not only reflects the voice of the people but also increases the legitimacy of the resulting law. A legislative process that involves the community can create rules that are more responsive and in line with community needs. In this context, this research discusses meaningful participation practices in Indonesia, South Africa, and the United States. Each country has different approaches and mechanisms for involving the public in the legislative process. The research method used is normative legal research with a statutory approach and a comparative legal approach. Through this approach, the study analyzes the laws and regulations governing public participation and identifies best practices from each country. The research results show that South Africa implements an effective public consultation system, where the public can provide direct input in the discussion of draft laws. Meanwhile, the United States has a structured participation mechanism, including public hearings and gathering input from various stakeholders, thereby creating a space for constructive dialogue between policymakers and the public. On the other hand, Indonesia still faces challenges in ensuring meaningful participation, despite efforts through public discussion mechanisms. These findings suggest the need to improve participation mechanisms in Indonesia to optimize the quality of democracy and legal legitimacy. Apart from that, support from the government and society is needed to create a stronger culture of participation, so that every individual feels they have a role in the legislative process. In this way, it is hoped that the resulting law will not be just a formality, but wil.Keywords:Meaningfull Participation; Legislation; Law Making; Democratic.
Dynamics of Anti-Terrorism Regulation: A Comparative Study Between Indonesia, Malaysia and the United States: Dinamika Regulasi Anti-Terorisme: Studi Perbandingan Antara Indonesia, Malaysia, dan Amerika Serikat Anang Hendri Prayogo; Geofani Milthree Saragih; Erdianto Effendi; Andi Hakim Lubis; Yuliana Yuliana
Indonesian Journal of Counter Terrorism and National Security Vol. 4 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijctns.v4i2.25125

Abstract

This paper examines the dynamics of anti-terrorism regulations in Indonesia, Malaysia and the United States by comparing the legal frameworks and law enforcement mechanisms in each country. legal frameworks and law enforcement mechanisms that apply in each country. The purpose of this research is to analyse how each country shapes its anti-terrorism law as a response to national threats, while at the same time maintaining a balance of as a response to national threats, while at the same time maintaining the balance between state security and human rights protection. The main issues discussed include differences in legal approach, scope of state authority in counter-terrorism operations, as well as monitoring mechanism to prevent authority in counter-terrorism operations, as well as monitoring mechanism to prevent abuse of authority. abuse of authority. The method used is juridical method used is normative-comparative juridical by analysing statutory instruments, government policies, and institutional practices in the three countries. The results The results show that Indonesia emphasises procedural guarantees in its anti-terrorism law, Malaysia maintains a preventive detention model rooted in historical security doctrine. rooted in historical security doctrine, while the United States applies a layered a layered approach backed by extensive intelligence powers and judicial oversight. judicial oversight. In conclusion, although all three countries prioritise national security, their approaches reflect different security, their approaches reflect different legal traditions and political contexts. political context. Therefore, a balanced regulatory model should take into account effectiveness, constitutional accountability and protection of fundamental rights.
DINAMIKA KONFLIK AGRARIA DALAM PENYELESAIAN SENGKETA LAHAN: ANALISIS SOSIOLOGI HUKUM TERHADAP RELASI NEGARA, KORPORASI, DAN MASYARAKAT Mohd. Yusuf DM; M. Fadhli; Geofani Milthree Saragih; Budi Santoso; Joko Dwi Mulyono; Ari Armanda Putra; Khairunisak Warianti; Atika Putri Arifa
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6719

Abstract

This study aims to analyze the dynamics of agrarian conflicts in Indonesia using a sociological perspective on law, particularly in the context of land dispute resolution. This study uses a socio-legal approach by combining normative analysis of agrarian legislation and conceptual studies of legal sociology to understand the interaction between law, social structures, and power relations in the practice of land dispute resolution. The results show that the existence of agrarian regulations has not been fully able to realize substantive justice because their implementation is often influenced by social inequality, the dominance of economic interests, and the weak bargaining position of the community, especially farmers and marginalized groups. In practice, the law not only functions as a normative instrument but also reflects the configuration of power at work in society. Therefore, the resolution of agrarian conflicts requires an approach that is not merely legal-formal, but also sensitive to the social context, distributive justice, and the protection of land rights in a sustainable manner. Keywords: Agrarian Conflict; Sociology of Law; Land Disputes; Social Justice
PENEGAKAN HAK ASASI MANUSIA OLEH APARAT PENEGAK HUKUM: TANTANGAN NORMATIF DAN IMPLEMENTATIF DALAM SISTEM PERADILAN INDONESIA Geofani Milthree Saragih; Mohd. Yusuf DM; Windy Widya; Jeki Rahmat Mustika; Gede Adi; Ahmad Angga
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6720

Abstract

This study analyzes the enforcement of Human Rights (HR) by law enforcement authorities within the Indonesian judicial system, focusing on both normative and implementation-based challenges. The research employs a normative legal method with a descriptive-analytical approach. The legal materials examined include statutory regulations, court decisions, and legal doctrines and literature relevant to human rights protection and enforcement. The study applies a statutory approach and a conceptual approach to examine the legal framework governing human rights enforcement, the rule of law, and the accountability of law enforcement institutions. The findings indicate that, normatively, Indonesia possesses a relatively comprehensive legal framework for the protection of human rights. However, in practice, law enforcement continues to face significant obstacles, including inconsistencies in the application of law, weak accountability mechanisms, low levels of public trust, and the influence of structural and cultural factors within the judicial system. This gap between legal norms and their implementation has the potential to undermine substantive justice and effective human rights protection. Therefore, this study emphasizes the necessity of strengthening the integrity and capacity of law enforcement officials, ensuring consistency in law enforcement, and optimizing the role of human rights oversight institutions in order to realize a justice system that is fair, accountable, and oriented toward the protection of human rights.Keywords: Human Rights; Law Enforcement Authorities; Law Enforcement; Judicial System.
Potential corruption due to the change from the death penalty to life imprisonment in Indonesia's New Criminal Code Erdianto Effendi; Elya Kusuma Dewi; Geofani Milthree Saragih
Integritas: Jurnal Antikorupsi Vol 11 No 1 (2025): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v11i1.1404

Abstract

Capital punishment has long been used as a form of punishment for serious crimes, including corruption, with the aim of deterring and preventing offenses that harm the state and society. This study examines the impact of replacing the death penalty with life imprisonment in Indonesia’s new Criminal Code, particularly on efforts to eradicate corruption and its implications for law enforcement. The study employs a normative legal method, using legislative, conceptual, and comparative approaches to explore the historical application of the death penalty for corruption offenses, compare practices in countries such as China and Saudi Arabia that still enforce capital punishment, and analyze the policy shift in the Indonesian context. The findings indicate that replacing the death penalty may weaken its deterrent effect and increase the risk of corruption, especially if not supported by policies that strengthen law enforcement. Nevertheless, this change aligns with the principle of human rights protection, which is a key consideration in modern legal systems. This study recommends alternative measures such as asset forfeiture, the imposition of maximum fines, restrictions on political rights, and enhanced transparency and oversight to promote more effective and equitable anti-corruption policies.
Co-Authors Ahmad Angga Anang Hendri Prayogo Andi Hakim Lubis Ari Armanda Putra Atika Putri Arifa Aziz Widhi Nugroho Budi Santoso Elya Kusuma Dewi Erdianto Effendi Gede Adi Jeki Rahmat Mustika Joko Dwi Mulyono Khairunisak Warianti M. Fadhli Mohd. Yusuf DM Rengga Kusuma Putra Satriya Nugraha Siti Fatimah Windy Widya Yuliana Yuliana