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The Authority Analysis of Non-Legal Entity Organization and Opportunities for Dispute Resolution Through Litigation Sufiarina, Sufiarina; Alias, Nizamuddin; Sopyan, Yayan; Enijaya, Enijaya
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.635-662

Article 28 of the Indonesian Constitution is formulated to guarantee the freedom of associations and assembly, including the formation of community organizations (ormas). Ormas holding legal entity status are accommodated under associations, while non-legal entity ormas can still register but do not have the same status. The distinction between ormas and associations lies in their legal recognition. Associations possess legal entity status, while ormas are considered non-legal entities. According to Article 20 of Law No. 17 of 2013, ormas have the right to cooperate with other entities to develop and sustain their organizations. However, such cooperation may give rise to conflict, which cannot always be avoided. This raises important questions, such as "Do ormas administrators possess full authority to undertake all legal actions?" and "What avenues are available for ormas to resolve disputes through litigation?" To address these questions, doctrinal research is conducted using both legislative and conceptual methods. The results shows that the authority of ormas administrators is strictly limited by legal provisions. Since ormas lacksÂ the legal standing required of legal entity, theyÂ are are unable to resolve conflicts through litigation. In light of such challenges, it is recommended that ormas registration system include a comprehensive list of members authorized to act on behalf of the organizations in civil actions with third parties. This measure would enable ormas to explore non-litigation channels for resolving civil disputes, offering a practical alternative to formal court proceedings.

The Authority Analysis of Non-Legal Entity Organization and Opportunities for Dispute Resolution Through Litigation Sufiarina, Sufiarina; Alias, Nizamuddin; Sopyan, Yayan; Enijaya, Enijaya
Jurnal Hukum dan Peradilan Vol 13 No 3 (2024)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.13.3.2024.635-662

Article 28 of the Indonesian Constitution is formulated to guarantee the freedom of associations and assembly, including the formation of community organizations (ormas). Ormas holding legal entity status are accommodated under associations, while non-legal entity ormas can still register but do not have the same status. The distinction between ormas and associations lies in their legal recognition. Associations possess legal entity status, while ormas are considered non-legal entities. According to Article 20 of Law No. 17 of 2013, ormas have the right to cooperate with other entities to develop and sustain their organizations. However, such cooperation may give rise to conflict, which cannot always be avoided. This raises important questions, such as "Do ormas administrators possess full authority to undertake all legal actions?" and "What avenues are available for ormas to resolve disputes through litigation?" To address these questions, doctrinal research is conducted using both legislative and conceptual methods. The results shows that the authority of ormas administrators is strictly limited by legal provisions. Since ormas lacksÂ the legal standing required of legal entity, theyÂ are are unable to resolve conflicts through litigation. In light of such challenges, it is recommended that ormas registration system include a comprehensive list of members authorized to act on behalf of the organizations in civil actions with third parties. This measure would enable ormas to explore non-litigation channels for resolving civil disputes, offering a practical alternative to formal court proceedings.

Tracer Study and User Satisfaction for Alumni of the Sociology and Anthropology Education Study Program of the FISIP UNNES, Indonesia Husain, Fadly; Wijaya, Atika; Wicaksono, Harto; Fatimah, Nurul; Fauzi, Malik Ridwan; Alias, Nizamuddin
Komunitas: International Journal of Indonesian Society and Culture Vol. 16 No. 1 (2024): March 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/komunitas.v16i1.2936

Throughout its journey as an educational forum, the sociology and anthropology education deparment of Universitas Negeri Semarang has graduated 18 batches. The existence of graduates and access to a job must be known by the institution where graduates take their education because the output provided by graduates is a very important indicator of knowing the quality of education organized by the Sociology and Anthropology Education Deparment. The objectives of this study were (1) to determine the absorption of the work field of graduates of the Sociology and Anthropology Education Deparment in 2020-2022, (2) to determine the level of satisfaction of alum users with the performance of graduates of the Sociology and Anthropology Education Deparment in 2020-2022. This research was conducted using a quantitative descriptive approach and cluster sampling technique in sampling. Data was collected using a questionnaire and analyzed using descriptive statistics. The results of the tracer study provide an overview of the 168 alums. 51% of graduates work in education, while as many as 49% work in the non-educational sector, such as entrepreneurs and the government sector. Users of graduates (stakeholders) assessed alum performance with good and very good criteria, especially in the categories of ethics, main competencies, proficiency in the use of information technology, communication, teamwork, and personal development. As many as 21% of the graduates chose to continue their studies. The input submitted was obtained from the existing findings: quality in doing social research, improving foreign language skills, and increasing learning related to religion. This input is given as input for efforts to improve the quality of the next Sociology and Anthropology Education Deparment graduates.

Illegal Nickel Mining in Protected Forests: Challenges in Whistleblower and Justice Collaborator Protection in Indonesia Utari, Indah Sri; Maskur, Muhammad Azil; Sumardiana, Benny; Ramada, Diandra Preludio; Alias, Nizamuddin
Indonesian Journal of Environmental Law and Sustainable Development 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/ijel.v4i2.38220

The systematic destruction of Indonesia’s Protected Forests—particularly in Southeast and Central Sulawesi—driven by illegal nickel mining operations poses an acute challenge to environmental rule of law. Utilizing data from recent cases (2023–2025) involving large-scale violations, such as those reported in the Mandiodo Block, this article critically assesses the effectiveness of existing legal mechanisms in protecting and utilizing key informants: the Corporate Whistleblower (WB) and the Justice Collaborator (JC). The analysis finds a significant gap between the legal mandate for protection and its implementation. Although Law No. 32/2009 (PPLH Law) guarantees identity confidentiality (Article 112), its utility is undermined by evidence of frequent retaliation against WBs—including job termination and counter-criminalization—by powerful corporate entities implicated in illegal nickel activities. Furthermore, the application of Law No. 31/2014 (LPSK Law) to grant JC status is often hindered by the reluctance of the judiciary to offer substantial sentencing concessions for environmental crimes, unlike in corruption cases. This reluctance limits the incentive for internal perpetrators to expose the Beneficial Owners who orchestrate the destruction of protected forest areas (e.g., the reported illegal clearing of hundreds of hectares for nickel ore extraction). This study concludes that the failure to establish robust, integrated legal immunity and sufficient sentencing differentiation for WBs and JCs transforms these protective instruments from effective crime-fighting tools into mere theoretical provisions. To successfully dismantle the complex, high-value chain of illegal nickel mining, the article recommends establishing a Specialized Penal Policy that standardizes the granting of JC status in environmental crimes, ensuring maximum physical and professional protection by the Witness and Victim Protection Agency (LPSK), and mandating its consideration for reduced sentencing to effectively breach the corporate veil.

A Criminological Perspective on Corruption as a Catalyst of Economic Breakdown: Socio-Legal Challenges in Indonesian Environmental Governance Utari, Indah Sri; Preludio Ramada, Diandra; Alfarisi, Salman; Alias, Nizamuddin
Jambe Law Journal Vol. 9 No. 1 (2026): (In progress)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jmj4ac47

Corruption remains one of the most significant obstacles to sustainable environmental governance in resource-rich developing countries. While existing studies predominantly examine corruption as a governance failure or institutional deficiency, limited attention has been paid to its role as a criminogenic force that systematically generates economic breakdown. This study aims to analyze how structural corruption within Indonesia’s natural resource sector functions as a catalyst for economic decline through a socio-legal and criminological perspective. Employing a qualitative socio-legal approach, the research draws upon legal documents, government reports, anti-corruption records, and environmental governance cases in the mining, forestry, and plantation sectors. The findings demonstrate that corruption operates beyond individual acts of bribery and abuse of office; it functions as a structural mechanism that distorts resource allocation, weakens environmental law enforcement, facilitates regulatory capture, and accelerates ecological degradation. These processes generate substantial fiscal losses, undermine institutional legitimacy, discourage productive investment, and exacerbate socio-economic inequality. The study further reveals how state capture and patronage networks transform environmental governance into a system that privileges private economic interests over public welfare and sustainability objectives. The novelty of this research lies in its reconceptualization of corruption as a criminological driver of economic breakdown rather than merely a consequence of weak governance. By integrating green criminology, crimes of the powerful, and socio-legal analysis, this article develops a new analytical framework for understanding the relationship between corruption, environmental governance failure, and economic vulnerability. The findings contribute to criminological scholarship and provide policy insights for strengthening accountability and sustainable natural resource governance in Indonesia.

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