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All Journal Wacana Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY Lex Scientia Law Review Kosmik Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Masyarakat Berdaya dan Inovasi JHCLS JURIS (Jurnal Ilmiah Syariah) Journal of Law, Environmental and Justice Journal of Law and Legal Reform Justice Dialectical
Rian Saputra
Faculty of Law, Universitas Slamet Riyadi, Indonesia
Religion Humanities Economics, Econometrics & Finance Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Social Sciences Other

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Ecological justice in environmental criminal sanctions for corporations in Indonesia: Problems and Solution Saputra, Rian; Usada, Albertus; Islam , Muhammad Saiful
Journal of Law, Environmental and Justice Vol. 2 No. 1 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i1.19

Abstract

This study examines the ecological justice approach to imposing criminal sanctions on corporations in Indonesia for environmental crimes. The author also discusses the challenges associated with implementing this approach and aims to explain the measures and principles involved in regulating sanctions for environmental crimes committed by corporations while ensuring a balance between ecological justice and legal certainty. This study employs a normative legal research methodology, utilising a case-based approach, a statutory approach, and a conceptual approach. The research findings indicate that the regulation of fines for environmental restoration has implemented an ecological justice strategy focused on safeguarding the environment. Nevertheless, there are concerns regarding legal certainty in addressing the balance between ecological justice and legal certainty. This can be achieved through various means, including a. incorporating effective measures and specific types of improvement into criminal sanctions for environmental restoration and b. prioritising additional criminal sanctions for environmental restoration as the primary form of punishment while taking into account the importance of legal certainty.
Ecological justice in Indonesia and China post-mining land use? Saputra, Rian; Zaid, M; Gunawan, Matthew Marcellinno; Pei-Chi , Wu
Journal of Law, Environmental and Justice Vol. 2 No. 3 (2024): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v2i3.108

Abstract

This paper thoroughly examines the regulation and implementation of post-mining land use in Indonesia and China. This study employs a statutory and comparative legal approach to examine both countries’ regulations and utilization of post-mining land. The research findings indicate that Indonesia lacks legal rules for post-mining land utilization. The Mineral and Coal Mining Law in Indonesia and other legislation solely governs the transfer of post-mining land from companies to eligible parties via the Minister, Governor, or Regent/Mayor. These provisions indicate that post-mining land use in Indonesia continues to adopt an anthropocentric perspective and has not yet embraced ecological justice. In China, the utilization of post-mining land is modified to align with ecological, social, and economic requirements, designating it for agricultural purposes, straw cultivation, and infrastructure, including agricultural land, straw fields, grasslands, forests, wildlife habitats, biofuel crops, and areas designated for industrial, commercial, and residential development. Interestingly, when the decision is made to convert post-mining state land into agricultural land, following feasibility approval by local authorities in China, the transfer is granted to rural communities collectively or to those surrounding the post-mining area for management as agricultural land.
Post-Mining Land Use Regulations and Practices in the United States of America: Lesson for Indonesia Saputra, Rian; Hanum, Willy Naresta; Gunawan, Vincent Ariesto
Journal of Law, Environmental and Justice Vol. 3 No. 1 (2025): Journal of Law, Environmental and Justice
Publisher : CV. Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i1.118

Abstract

This research assesses practices and legislation about post-mining land utilization in the United States. This paper examines insights from these practices and legislation within the Indonesian legal environment. This study employs a normative legal methodology within a comparative legal framework. The research indicates that the United States’s post-mining land use policies and practices are regulated by the Surface Mining Control and Reclamation Act (SMCRA) and different federal regulations supporting public purposes such as airports, shopping centers, and industrial zones. Rigorous supervision is enforced on post-mining land prior to its designation as appropriate for use. Specialized land management methods are implemented when mining occurs on prime agricultural land. The efficacy of reclamation is significantly contingent upon the use of scientifically substantiated optimal management practices that emphasize ecological restoration and biodiversity enhancement. Longitudinal studies in the United States about ecological reclamation demonstrate that effective strategies, including surface soil replacement and customized planting schemes, markedly enhance the likelihood of successful revegetation of former mining sites. The United States offers a robust framework underpinned by comprehensive policies and efficient implementation that Indonesia can adopt. Future adoption of post-mining land use policies and practices in Indonesia should establish a harmonious equilibrium that fosters sustainable development, preserves environmental integrity, and promotes active community engagement.
Reforming the Prosecutor's Role in the Constitutional System Rian Saputra; Nilam Firmandayu
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.54

Abstract

Legal uncertainty regarding the independence of the prosecutor is caused by its position as part of the executive institution, but also has a function as a judicial institution. This research is a normative legal study that employs a statutory approach to assess the suitability of regulating the prosecutor's office, whether it operates as a standalone judicial institution or as a component of an executive institution. The legal materials used are primary and secondary. The data collection technique was carried out by literature study and then analyzed using the syllogism method. The research results show, first, that regulations still overlap because the prosecutor's office carries out a judicial function, but in other interpretations, it is still under executive power. Second, a model for reforming the prosecutor's office position based on the theory of separation and distribution of power is needed to guarantee its independence in the law enforcement process. Therefore, this research can help the Indonesian government clarify the prosecutor's office's authority as a manifestation of the independent division of power.
Authority of The Indonesian Corruption Eradication Commission Post Amendment to Law No. 19 of 2019: Regresive or Progressive in Law Enforcement? Fransiscus Xaverius Hastowo Broto Laksito; Rian Saputra; Doris Rahmat; Waluyo Slamet Pradoto; Aji Bawono; Kesya Zhalibina Sunarto
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.v24i2.5334

Abstract

The aim of this research is to look at the transformation of the Corruption Eradication Commission Institution after the revision of the new Indonesian Corruption Eradication Commission (KPK) Law in supporting corruption prevention policies in Indonesia. This research was conducted using doctrinal legal research methods or normative legal research. In this research, the approaches used include: Statute Approach. Conceptual Approach, Historical Approach, Case Approach. The research results show that: 1) The authority of the Corruption Eradication Commission (KPK) after the promulgation of Law no. 19 of 2019 concerning the Second Amendment to Law no. 30 of 2002 concerning the Corruption Eradication Commission, with the addition of the Supervisory Board within the Corruption Eradication Commission (KPK)  Institution which has quite large authority, namely not only supervision but also the implementation of the authority of the Corruption Eradication Committee, namely that it must first obtain permission from the Supervisory Board before carrying out wiretapping, searches and/ or the confiscation is carried out by the Corruption Eradication Commission, this can hinder law enforcement in eradicating criminal acts of corruption and can also affect the independence of the Eradication of Corruption Crimes within the Corruption Eradication Commission Institution.
Criminal Liability for Corruption of Bribery: Problems and Legal Reform Rian Saputra; M Zaid; Muhammad Kurniawan Budi Wibowo; Willy Naresta Hanum; Devi Triasari
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22251

Abstract

This study aims to clarify the concerns of bribery and corruption within Indonesia’s legal framework for combating corruption, particularly with the duality in establishing legal norms that support criminal liability for bribery offenses. After identifying the concerns, this study aims to suggest ideas for amending bribery and corruption legislation based on legal certainty. This normative legal examination utilizes a legislative methodology and a comparative law framework. The study’s findings reveal that the Corruption Eradication Law, which regulates bribery offenses, engenders legal ambiguity in enforcing such crimes, as the legislators, namely the government and the Indonesian Parliament, have instituted provisions for bribery offenses that lack consistency. The manifestation of this phenomenon is mainly determined by the subjective assessments of law enforcement officials concerning the relevant statute. The subjective discretion of law enforcement officials in choosing relevant statutes may lead to the abuse of power concerning civil servants,state officials, and judges who accept bribes. To establish legal certainty, criminal liability for bribery may be achieved by amending Article 12(a) of the Corruption Eradication Law as follows: A civil servant or state official who accepts a gift or promise, with knowledge or reasonable suspicion that it is intended to induce him to act or refrain from acting contrary to his obligations, shall face a prison sentence of no less than 1 year and no more than 20 years, in addition to a penalty equivalent to five times the value of the bribe.
Reconstructing Land Acquisition Law for Indonesia’s National Strategic Projects Rosmidah Rosmidah; Supeno Supeno; Sitta Saraya Sitta Saraya; Rian Saputra Rian Saputra; Seguito Monteiro Seguito Monteiro
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 2 (2026): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i2.1952

Abstract

National Strategic Projects have accelerated infrastructure development but have also exposed a structural tension between development imperatives, state authority, and the constitutional protection of affected communities. Existing land acquisition governance tends to treat project designation and procedural compliance as sufficient grounds for acquisition, while substantive scrutiny of public interest, indigenous rights, participation, compensation, and socio-ecological consequences remains fragmented. This study aims to reconstruct the legal framework of land acquisition for NationalStrategic Projects (PSN) by establishing a constitutionally grounded model that reconciles development with social justice and rights protection. Using normative legal research with statutory, conceptual, and case approaches, the study applies systematic, conceptual, and teleological legal interpretation. The principal novelty of this study is the Constitutional Justice-Based Land Acquisition Model, which seeks to redesign the legitimacy framework of land acquisition rather than merely improve existing procedures. The model introduces a Constitutional Public Interest Test as a substantive threshold; mandatory Indigenous Rights Screening; meaningful participation and Free-Prior-and Informed-Consent (FPIC); replacement-cost compensation and livelihood restoration; integrated social-ecological assessment; effective remedies from the outset; independent review; and post-acquisition restoration monitoring. Critically, PSN status is reconceptualized as creating a rebuttable presumption of public interest rather than serving as conclusive justification for compulsory land acquisition. The model therefore transforms land acquisition from a project-oriented land delivery mechanism into a form of constitutional, rights-based, and sustainable land governance.
Discrimination against Geographical Indications of Traditional Alcoholic Beverages: Anomaly of the National Treatment Principle in International Trade Law Rian Saputra; Dora Kusumastuti; Devi Triasari
Kosmik Hukum Vol. 25 No. 3 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i3.27885

Abstract

This research seeks to analyse the discrimination and prohibition surrounding the registration of traditional Indonesian alcoholic beverages as Geographical Indication (GI) products using a living law methodology. It also analyses discrimination wherein analogous products from other nations may be registered as GI products in Indonesia. In contrast, domestic products face registration prohibitions, as assessed through the National Treatment Principle in International Trade. This research utilises a normative legal methodology, incorporating both legal and conceptual frameworks. The research findings indicate that, from a living law perspective, the prohibition and discrimination against the registration of traditional alcoholic beverages as GI products under Article 56(1)(a) of Law No. 20 of 2016 do not embody the nation's diverse spirit as envisioned by Savigny's Legal History. Secondly, the fact that analogous products from foreign origins may be registered as Geographical Indications (GIs) in Indonesia, by the non-discrimination principle of the WTO Agreement, necessitates that each member state accord services and service providers from other member states the same treatment as those from its nation. The idea of non-discrimination aims to avert discriminatory practices against foreign products or trade based on the preference for domestic goods or merchants. In the context of enforcing Article 56(1)(a) of Law No. 20 of 2016 on Trademarks and Geographical Indications, the practice diverges from this principle, as the DJKI acknowledges foreign alcoholic beverages as geographical indications, while local traditional alcoholic beverages are not recognised.
Position of Customary Courts in Pancasila and the 1945 Constitution Doris Rahmat; Rian Saputra
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5517

Abstract

The purpose of this study is to examine the role of customary justice in Pancasila and the 1945 Constitution. The normative legal technique was employed in the research, which included numerous primary and secondary data sources such as the 1945 Constitution, regulations, legislation, court decisions, legal theories, and even scholarly opinions. The study's findings imply that Pancasila is necessary or coercive in nature. This means that anyone who is within the scope of the Unitary State of the Republic of Indonesia must respect Pancasila as a national outlook, including the State and the law itself. This means that the points of "Just and Civilized Humanity" and "social justice for all Indonesian people" which adhere to the principle of equal rights and justice must always be obeyed by all elements in the Republic of Indonesia. Pancasila is also a juridical-sociological basis, or in other words, it is the basis of norms and laws that live in society, and thus Pancasila has fulfilled the principles and basic values ​​according to the development and needs of society and the State.
Legal Certainty Based Protection of Well-Known Marks: Lessons from India Rian Saputra; Pujiyono Suwadi; Willy Naresta Hanum; Tiara Tiolince; Giovan Bintang Graha Pratama
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.42820

Abstract

This study identifies issues in the protection of 'well-known marks' in Indonesia and proposes remedies for their preservation through amendments to Indonesia's trademark legislation, with a focus on legal certainty. This study employs a normative legal analysis utilising a technique based on court decisions, statutes, concepts, and comparisons, with India serving as the reference point. This study concludes that, from a philosophical standpoint, legal protection for 'well-known marks' protects both the economic rights of legitimate trademark holders and consumers from misguided product choices due to the exploitation of 'well-known marks' by unscrupulous entities seeking to profit from the brand's reputation. The difficulty of protecting prominent trademarks in Indonesia stems from ambiguous and perhaps illogical legislation. The absence of a definition and standards for 'well-known marks' in the 2016 Trademarks Act, along with provisions on trademark infringement that solely protect registered trademarks. Conversely, India has clearly defined 'well-known marks' in the 1999 Trademarks Act. Indian trademark law protects 'well-known marks' via a mechanism wherein the judiciary or the trademark registration authority acknowledges certain marks. It also outlines trademark infringement related to both registered and unregistered trademarks, including 'famous trademarks'. Therefore, amending Indonesia's trademark legislation to protect 'well-known marks' is crucial for ensuring legal clarity by: first, defining 'well-known marks' and their criteria under the 2016 Trademark Law; second, providing administrative protections for 'well-known trademarks' through recognition by the Directorate General of Intellectual Property; third, broadening the meaning of trademark infringement to include not only registered trademarks but also all trademarks, including 'well-known marks.'
Co-Authors Adi Sulistiyono Aji Bawono Ardi, Muhammad Khalif Bambang Tri Bawono Bobur Baxtishodovich Sobirov Devi Triasari Devi Triasari Dora Kusumastuti Doris Rahmat Emmy Latifah FX Hastowo Broto Laksito Gaini Mukhanova Giovan Bintang Graha Pratama Gunawan, Matthew Marcellinno Gunawan, Vincent Ariesto Hanum, Willy Naresta Islam , Muhammad Saiful Jaco Barkhuizen Jaelani, Abdul Kadir Josef Purwadi Setiodjati Kesya Zhalibina Sunarto M Zaid M Zaid M Zaid Muhammad Kurniawan Budi Wibowo Nilam Firmandayu Pei-Chi , Wu Pujiyono Pujiyono Pujiyono Pujiyono Pujiyono Suwadi Resti Dian Luthviati Rosmidah Rosmidah Seguito Monteiro Seguito Monteiro Setiojati, Josef Purwadi Silaas Oghenemaro Emovwodo Sitta Saraya Sitta Saraya Sunny Ummul Firdaus Supeno Supeno Tiara Tiolince Tiara Tiolince Triasari, Devi Usada, Albertus Waluyo Slamet Pradoto Willy Naresta Hanum