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All Journal Cerdika: Jurnal Ilmiah Indonesia Journal of Strafvodering Indonesian Ipso Jure
Wibowo, Mustofa Ponco
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Humanities Economics, Econometrics & Finance Education Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Corporate Criminal Responsibility in Environmental Crimes: a Case Study of Industrial Pollution Dewi, Kemmala; Musahib, Abd Razak; Wibowo, Mustofa Ponco
Journal of Strafvordering Indonesian Vol. 2 No. 1 (2025): JOSI - MARCH
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/wp2z3b67

Abstract

Criminal law enforcement against companies in environmental crime cases still faces significant challenges. Although Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law) has regulated criminal sanctions for companies that pollute the environment, its implementation is still weak. The main factors that hinder the effectiveness of law enforcement include difficulties in proving criminal elements, weak capacity of law enforcement officials, and political and economic pressures that benefit polluting companies. In addition, corruption, overlapping authority between institutions, and inequality between regulations and implementation are the main obstacles in criminally ensnaring companies. The principles of strict liability and corporate criminal liability that are expected to ensnare polluting companies are still not applied optimally. Legal reform is needed to strengthen the effectiveness of environmental criminal law enforcement, including through increasing the capacity of law enforcement officers, improving regulations, and implementing stricter sanctions such as the revocation of business licenses. Information transparency, inter-agency coordination, and protection for whistleblowers must also be strengthened. With these steps, it is hoped that environmental law enforcement can be more effective in providing a deterrent effect to polluting companies, ensuring corporate criminal responsibility, and upholding the principles of environmental justice in Indonesia.
Jurisdictional Analysis of the Authority of the Fisheries Court to Try Corruption Crimes in the Fisheries Sector Ramadhan, Azis Akbar; Wibowo, Mustofa Ponco
Cerdika: Jurnal Ilmiah Indonesia Vol. 5 No. 7 (2025): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v5i7.2673

Abstract

This research addresses the legal ambiguity in determining jurisdiction over corruption crimes committed within Indonesia’s fisheries sector. Globally, both corruption and illegal fishing represent complex transnational crimes that demand clear legal enforcement. In Indonesia, two distinct legal frameworks intersect in such cases: the Fisheries Court established under Law No. 45 of 2009 and the Corruption Court under Law No. 46 of 2009. This study aims to analyze the jurisdictional conflict that arises when an act of corruption occurs in the fisheries sector, potentially falling under both courts’ authority. Using a normative juridical method, the research applies a statutory and conceptual approach by examining relevant laws, court decisions, and legal doctrines. The findings reveal that despite the dual specificity of laws, corruption crimes—even when committed in the fisheries sector—fall under the jurisdiction of the Corruption Court based on the principle of lex specialis systematica. This principle prioritizes legal norms that are systematically more specific in handling a particular offense. The study contributes to legal scholarship by clarifying the hierarchy and interaction of overlapping special laws in Indonesia’s legal system and provides practical implications for law enforcement agencies and the judiciary to avoid conflict of competence. Future research may explore comparative models in other legal systems for resolving similar jurisdictional overlaps.
Jurisdictional Analysis of the Authority of the Fisheries Court to Try Corruption Crimes in the Fisheries Sector Ramadhan, Azis Akbar; Wibowo, Mustofa Ponco
Cerdika: Jurnal Ilmiah Indonesia Vol. 5 No. 7 (2025): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v5i7.2673

Abstract

This research addresses the legal ambiguity in determining jurisdiction over corruption crimes committed within Indonesia’s fisheries sector. Globally, both corruption and illegal fishing represent complex transnational crimes that demand clear legal enforcement. In Indonesia, two distinct legal frameworks intersect in such cases: the Fisheries Court established under Law No. 45 of 2009 and the Corruption Court under Law No. 46 of 2009. This study aims to analyze the jurisdictional conflict that arises when an act of corruption occurs in the fisheries sector, potentially falling under both courts’ authority. Using a normative juridical method, the research applies a statutory and conceptual approach by examining relevant laws, court decisions, and legal doctrines. The findings reveal that despite the dual specificity of laws, corruption crimes—even when committed in the fisheries sector—fall under the jurisdiction of the Corruption Court based on the principle of lex specialis systematica. This principle prioritizes legal norms that are systematically more specific in handling a particular offense. The study contributes to legal scholarship by clarifying the hierarchy and interaction of overlapping special laws in Indonesia’s legal system and provides practical implications for law enforcement agencies and the judiciary to avoid conflict of competence. Future research may explore comparative models in other legal systems for resolving similar jurisdictional overlaps.
Conflict of Norms Between Regional Regulations and Higher Legislation: Analysis of the Principle of Legal Hierarchy Marudut Hasugian; Wibowo, Mustofa Ponco
Ipso Jure Vol. 3 No. 3 (2026): Ipso Jure - April
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/hbfj8j81

Abstract

Conflicts between regional regulations and higher-level laws and regulations are a common problem in the Indonesian legal system and have implications for legal uncertainty. This study aims to analyze the application of the principle of legal hierarchy in resolving these normative conflicts and to identify the causal factors and effectiveness of the resolution mechanisms. The research method used is normative legal research with a statutory, conceptual, and case approach, supported by primary, secondary, and tertiary legal materials. The results of the study indicate that normatively, the principle of lex superior derogat legi inferiori has provided a strong basis for maintaining normative consistency, but its implementation still faces various obstacles, such as weak regulatory harmonization, limited capacity of regional regulation makers, and the influence of local political interests. In addition, conflict resolution mechanisms through judicial review by the Supreme Court and executive review by the central government have not been fully effective due to dualism of authority and implementation obstacles. This condition has an impact on regulatory disharmony, disrupted investment climate, and decreased public trust in the law. Therefore, it is necessary to strengthen preventive mechanisms through harmonization from the planning stage, integration of the supervisory system, and affirmation of the role of the principle of legal hierarchy as the main instrument in maintaining the consistency of the legal regulatory system in Indonesia.
Co-Authors Kemmala Dewi Marudut Hasugian Musahib, Abd Razak Ramadhan, Azis Akbar