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Corruption Policy Challenges in Combating Land Mafia: Experiences from Several Countries Hartanto, Ponco; Suwadi , Pujiyono; Rustamaji , Muhammad; Kamil, Rizqan
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.233

Abstract

This study describes the criminal law technique used to eradicate land mafia in Indonesia, the UK, and the UAE, including corruption law. This is a normative comparative legal study. The results show that the first eradication of land mafia practices in Indonesia, the UK, and the UAE followed the same pattern. In the UK and UAE, law enforcement can use bribery offenses if land mafia practices involve public or state officials with bribery signs and money laundering offenses if the funds are manipulated. Second, no specific criminal law in Indonesia is used to eradicate land mafia practices. However, the law of corruption can be used if the practice causes state financial losses, bribery offenses can be used if the practice involves bribing state officials or public officials, and the Indonesian Criminal Code can be used if the practice involves stealing. Third, Technology can be used to prevent and reduce land mafia in Indonesia by ensuring transparency and accountability of maps and land ownership. The government's "One Map Policy" aims to unify and integrate all land-related data and information into one integrated map. This policy clarifies property ownership and legal status to reduce land mafia possibilities and actions.
Discourse of Ecological Damage as a State Financial Loss: Evidence from Indonesia Hartanto, Ponco; Wijaya, Subagio Gigih; Chancy, Riamy
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.v2i3.110

Abstract

This study examines the prevailing focal point in Indonesia's public discourse, recognizing that corruption offenses significantly influence economic conditions and social dynamics. Notably, in the context of combating corruption in Indonesia, there exists a discourse that acknowledges ecological and environmental losses as forms of state financial losses. This perspective consequently paves the way for categorizing every environmental crime as a potential corruption offense. This study employs a normative legal framework, utilizing case law, statutory analysis, and conceptual methodologies. The research findings indicate that framing ecological loss as a financial detriment to the state is plausible. In instances of corruption leading to environmental degradation and the depletion of natural resources, the assessment of environmental damage must be integrated into the broader context of state losses or the state's overall economy. Ultimately, it is inevitable that the government will be responsible for all expenses associated with reinstating the function and significance of the environment as a matter of public interest that requires preservation