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All Journal Spektrum Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmiah Dunia Hukum Green Social: International Journal of Law and Civil Affairs
Aziz Widhi Nugroho
Universitas Veteran Bangun Nusantara
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.
Rekonstruksi Pembuktian Mens Rea bagi Kurir Narkoba Berdasarkan Doktrin Willful Blindness Linda Ikawati; Rengga Kusuma Putra; Satriya Nugraha; Retno Eko Mardani; Aziz Widhi Nugroho
SPEKTRUM HUKUM Vol 23, No 1 (2026): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v23i1.7124

Abstract

Narcotics law enforcement in Indonesia faces a paradoxical crisis where repressive criminal policies coexist with simplified evidence standards that often overlook the fundamental element of criminal liability: mens rea. Legal practice frequently adopts a de facto strict liability approach, where physical possession of narcotics automatically equates to guilty intent. This creates a substantive injustice, particularly for "instant couriers" who may be victims of deception (innocent agents). This research aims to reconstruct the evidentiary model of mens rea by adopting the "willful blindness" doctrine as an analytical bridge within the framework of the National Penal Code (dolus eventualis). Using a normative legal method with a conceptual and case-based approach, this study proposes a systematic reconstruction through objective indicators known as "Red Flags," such as unreasonable compensation and suspicious delivery patterns. The findings suggest that when a courier deliberately avoids confirming high-probability illegality, they should be held liable under a reconstructed mens rea standard. The implication of this study is the necessity of a standardized judicial guideline to distinguish between honest mistakes and epistemic strategies, ensuring a more proportional and human rights-oriented justice system.
Protection of Commercial Cargo Ships in the Exercise of the Right of Passage Through International Straits Satriya Nugraha; Rengga Kusuma Putra; Dewa Gede Sudika Mangku; Aziz Widhi Nugroho; Rianmahardhika Sahid Budiharseno
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 2 APRIL 2026
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.7032

Abstract

As time goes by and the development of the ship industry, international straits also play an important role as vital routes for the movement of ships. UNCLOS 1982 regulates the use of international straits as international navigation routes, affirming the importance of the Strait in global trade. The Strait is a transportation route and a source of significant economic potential, supporting growth and investment in the surrounding area. However, there are often dynamics and conflicts with countries on the edge of the Strait, one of which is the case of the Yemeni militant Hothi, who attacked merchant ships heading to the Americas and Europe or vice versa. Therefore, it is important to know about the rights and obligations of strait states in the context of maritime law and maritime law. This study will examine the regulation of the protection of commercial cargo ships in the peaceful passage of international straits and the protection of commercial cargo ships that have been attacked by a country's military group in international waters, with a legal research method that will analyze and provide a prescriptive view. UNCLOS 1982 regulates the peaceful passage of commercial cargo ships in the international Strait with the principle of freedom of navigation. It guarantees the safety of navigation, but there are restrictions to maintain the peace of coastal states that must still be observed. Ship protection involves the responsibility of coastal states, which must ensure unimpeded peaceful passage and provide hazard notices. Additional regulations such as SOLAS 1974 set minimum safety standards. Military attacks on commercial cargo ships could cause diplomatic tensions and economic losses. International cooperation, strict law enforcement, and mutual security measures are needed to enhance protection. This joint effort, involving coastal states and international cooperation, is expected to create a safe and stable maritime environment.
Evaluating the Effectiveness of Environmental Legal Instruments in Addressing Inequality of Clean Water Access in Multicultural Rural Communities Aziz Widhi Nugroho; Martitah Martitah; Dede Rusmana
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 4 (2025): December: International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i4.274

Abstract

Rapid This study examines the effectiveness of environmental legal instruments in addressing water access inequalities in multicultural rural communities. Despite the existence of various legal frameworks, disparities in water access remain prevalent, especially in rural areas where socio economic, cultural, and governance challenges persist. Legal instruments such as the Water Framework Directive (WFD) and the Clean Water Act (CWA) have proven effective in improving water quality and access in urban settings, but their impact in rural communities is often limited. The study explores the role of legal pluralism, where both statutory and customary laws coexist, in enhancing water governance. It also evaluates the importance of integrating cultural sensitivity into legal frameworks to foster community participation and sustainable water management. Through a mixed methods approach combining legal analysis and socio economic assessments, this study provides insights into the barriers to effective water governance and proposes policy recommendations for improving water access. Key findings suggest that inclusive governance models, which respect local customs and empower communities, lead to more sustainable and equitable water management outcomes. The study highlights the need for legal reforms that recognize the diverse cultural, governance, and infrastructural contexts of rural communities, ensuring that water access policies are both culturally adaptive and legally effective. By integrating these approaches, future policies can more effectively tackle water access inequalities in multicultural rural settings.
Co-Authors Dede Rusmana Geofani Milthree Saragih Linda Ikawati Martitah Rengga Kusuma Putra Rengga Kusuma Putra Retno Eko Mardani Rianmahardhika Sahid Budiharseno Satriya Nugraha Siti Fatimah