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All Journal Sociological Jurisprudence Journal Journal Equity of Law and Governance
Ade Saptomo
Universitas Borobudur, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Comparative Evaluation of Regulation and Law Enforcement of Corruption Crimes in Indonesia and Malaysia Ridwan Anthony Taufan; Erry Ariany; Ade Saptomo
Sociological Jurisprudence Journal Vol. 8 No. 1 (2025)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.8.1.2025.90-97

Abstract

The research compares the legal system of corruption between Indonesia and Malaysia, focused on legislation, law enforcement agencies, evidentiary mechanisms, and the application of sanctions against perpetrators of corruption. Although both countries have similarities in classifying corruption as a serious criminal offense, the application of different legal systems, namely civil law in Indonesia and common law in Malaysia, has a significant impact on the effectiveness of law enforcement. Indonesia has more regulations addressing corruption offenses, in addition to law enforcement bodies like the Corruption Eradication Commission (KPK), which possesses wider authorities. In contrast, Malaysia depends on the Suruhanjaya Pencegahan Rasuah Malaysia (SPRM), which has restricted powers in prosecution. These differences are reflected in the sanction application, the reverse proof system, and the judicial mechanisms used in each country. This research is expected to provide insight into the effect of legal system differences on corruption eradication in the two countries.
Implementation of Natural Law and Positivism in the Recognition of Customary Law Communities in the Capital Region of the Indonesian Archipelago (IKN) Safriansyah Yanwar Rosyadi; Yose Desman; Ade Saptomo
Journal Equity of Law and Governance Vol. 7 No. 1 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.1.11940.28-36

Abstract

The implementation of customary law in Indonesia faces various challenges related to the recognition and protection of the rights of indigenous peoples, especially those related to customary and land rights. Although the 1945 Constitution and other regulations, such as the Forestry Law recognize the existence of indigenous peoples, the reality on the ground shows an imbalance between customary law norms and positive law, which often leads to conflict and neglect of indigenous peoples' rights. Development policies that are oriented towards economic interests frequently conflict with the traditional rights of indigenous peoples, causing injustice. This article discusses legal issues related to the implementation of customary law and provides solutions and recommendations to strengthen legal protection for indigenous people, through regulatory reform, constructive dialogue, and more inclusive development policies.
Violation of Legally Binding Peace Agreements Legal Implications and Resolution Solutions Hans Karyose; Muhammad Ansari; Ade Saptomo
Journal Equity of Law and Governance Vol. 7 No. 1 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.1.11941.37-41

Abstract

Disputes arise between two or more parties when one party feels dissatisfied or harmed. Fundamentally, disputing parties are granted the freedom to determine their preferred dispute resolution mechanisms. According to Laura Nader and Harry F. Todd, disputes evolve through three stages: (1) Pre-conflict, characterized by underlying dissatisfaction; (2) Conflict, when the parties become aware of the dissatisfaction; and (3) Dispute, where the conflict is openly expressed or involves a third party.  Legally binding peace agreements are crucial instruments for resolving disputes across various legal domains, including civil, criminal, and administrative law. However, in practice, there are frequent instances where one party fails to uphold the terms of a court-ratified peace agreement. This paper examines the legal aspects of violations of legally binding peace agreements, their implications, and the potential solutions to ensure the sustainable implementation of such agreements.
Environmental Damage as a Loss to the State Economy in the Perspective of State Control Rights Siti Chusnul Nurlaela; Andik Puja Laksana; Ade Saptomo
Journal Equity of Law and Governance Vol. 7 No. 1 (2025): Journal Equity of Law and Governance
Publisher : Warmadewa Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/elg.7.1.11944.42-50

Abstract

Environmental damage can be considered a loss to the state economy. In terms of analyzing the state economy, the author takes the perspective of state control rights. The Constitution of the Republic of Indonesia in Article 33 paragraph (3), which states that the earth, water and natural resources are controlled by the state and properly managed for the greatest prosperity of the people. This should be referred to as a philosophical guideline because the management and administration of the state economy must and must have aspects of concern for the prosperity of the people Observed from the sustainability of the state's operational activities in building a climate of public services recorded in 2018, the state issued a balance of Rp. 112 trillion, with an increase from the previous year, namely in 2014 to 2017 with a total of only Rp. 115 trillion. This in a year beats the expenditure that is consumable and the tendency to do repeated procurement from the total of the past three years. The view of wasting costs for a kind of environmental rehabilitation must be used with the prefix of mitigation, contextually the state is obliged with its role to maximize the right to state control to prevent negative extreme damage to the environment. This research is studied and made with normative legal research methods, explicitly using a statutory approach (statuate approach), and a conceptual approach (conceptual approach). The statutory approach is chosen by the author to analyze the problem with relevant regulations and regulations, so that this research has an analytical technique that is based on positive law in Indonesia.
Co-Authors Andik Puja Laksana Erry Ariany Hans Karyose Muhammad Ansari Ridwan Anthony Taufan Safriansyah Yanwar Rosyadi Siti Chusnul Nurlaela Yose Desman