Article Per Year (5 Year)
p-Index From 2021 - 2026
2.332
P-Index
This Author published in this journals
All Journal Journal Evidence Of Law PENA LAW: International Journal of Law Law & Pass : International Journal of Law, Public Administration and Social Studies
Supaphorn Akkapin
Rajamangala University of Technology Krungthep, Thailand
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 14 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 14 Documents
Search

 1   2 
Reparative Justice and State Responsibility: Reactualizing the Due Diligence Principle in Ensuring Civil Remedies for Human Rights Violations: Reparative Justice and State Responsibility: Reactualizing the Due Diligence Principle in Ensuring Civil Remedies for Human Rights Violations Simon S. Condro Kitono; Dedy Ardian Prasetyo; Supaphorn Akkapin
PENA LAW: International Journal of Law Vol. 4 No. 1 (2026): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.284

Abstract

The right to civil redress is a central pillar of reparative justice for victims of human rights violations. Although international legal instruments, such as the United Nations Basic Principles on the Right to Remedies and Reparation, affirm states’ obligation to guarantee this right, many have failed to establish mechanisms that are effective and accessible to victims. This article conceptualizes the principle of due diligence as a binding international legal standard that obliges states to prevent and respond to human rights violations and ensure the availability of accessible and enforceable civil restitution. Employing a normative legal method and a comparative case study of Argentina, Germany, and Indonesia, the analysis demonstrates that civil restitution remains the most fragile dimension of state accountability frameworks, with reparations frequently regarded as discretionary policies rather than legal mandates. To address this gap, this study advances a set of normative indicators for assessing states’ compliance with their reparation obligations. The findings highlight the imperative of embedding the principle of due diligence within national legal systems as a concrete legal obligation, thereby advancing victim-centered justice.
Bridging Constitutional Regulations and International Standards in Political Finance: Preventing Electoral Corruption from a Comparative Perspective: Bridging Constitutional Regulations and International Standards in Political Finance: Preventing Electoral Corruption from a Comparative Perspective Mad Romli; Indah Riyanti; Supaphorn Akkapin
PENA LAW: International Journal of Law Vol. 3 No. 3 (2026): January
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.291

Abstract

Electoral corruption triggered by opaque political financing systems poses a serious threat to democratic integrity in many countries. Although international legal instruments such as UNCAC and GRECO guidelines have established principles of transparency and accountability, many national constitutions have not effectively adopted these norms. This study analyzes the normative and institutional gaps between constitutional regulations and international standards in political financing in five jurisdictions: Indonesia, Germany, the United States, Brazil, and South Korea. Using a legal-normative approach and comparative law methods, it finds that the absence of constitutional recognition of political financing principles weakens the effectiveness of oversight and opens space for systemic electoral corruption. This article contributes to the global discourse by proposing a hybrid legal model that combines constitutional transparency mandates, the independence of oversight institutions, and public accountability mechanisms. This study encourages the harmonization of national political financing regimes with international anti-corruption frameworks to strengthen democratic legitimacy and governance.
Mediation in Medical Disputes as a Pathway to Substantive Justice: Reframing Global Health Law through Human-Centered Dispute Resolution: Mediation in Medical Disputes as a Pathway to Substantive Justice: Reframing Global Health Law through Human-Centered Dispute Resolution Raymond Nadeak; Risma Situmorang; Supaphorn Akkapin
PENA LAW: International Journal of Law Vol. 4 No. 1 (2026): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.293

Abstract

Medical disputes are increasingly common worldwide as patients become more aware of their rights and healthcare providers face stricter professional standards. Conventional litigation, while ensuring procedural justice, often fails to address the ethical, moral, and psychological aspects of medical conflicts. This research highlights a key gap in the literature: the limited recognition of mediation not just as a cost-effective alternative but as a tool for achieving substantive justice. Using a qualitative normative approach, this study combines doctrinal and comparative analyses. Findings show that mediation resolves disputes more efficiently than litigation and at much lower costs. Beyond efficiency, mediation improves access and delivers substantive justice by addressing patients’ emotional needs, rebuilding trust, and maintaining professional integrity. However, challenges still exist, including limited legal recognition of mediation outcomes, a shortage of specialized mediators, and cultural resistance favoring litigation. This study contributes theoretically by reframing mediation as a justice-oriented process aligned with restorative justice and practically by offering policy suggestions to strengthen mediation’s legitimacy and institutional role in global health governance. Therefore, mediation should be recognized not only as an alternative procedure but as a key instrument for substantive justice within international health law.
Digital Constitutionalism and Human Rights: A Comparative Constitutional Response to Global Technological Challenges: Digital Constitutionalism and Human Rights: A Comparative Constitutional Response to Global Technological Challenges Ardhy Gumilar; Abdul Latif; Supaphorn Akkapin
PENA LAW: International Journal of Law Vol. 3 No. 3 (2026): January
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.300

Abstract

The rapid growth of digital technologies has reshaped communication, governance, and the interpretation of constitutional rights. This study examines how constitutionalism, traditionally designed to limit state power, must adapt to new digital challenges such as surveillance, data exploitation, algorithmic governance, and restrictions on online expression. Using a normative-comparative approach, this study examines constitutional texts, landmark decisions, and regulatory frameworks from Germany, India, South Africa, and Indonesia, alongside international instruments such as the ICCPR and the GDPR. Findings highlight three main patterns. First, privacy and data protection are increasingly recognized as constitutional rights, although this recognition is inconsistent across jurisdictions. Second, digital freedom of expression remains a contested issue, with some courts applying proportionality while others rely on administrative controls. Third, responses to state surveillance reveal a global trend toward stronger safeguards; yet, significant gaps persist in developing contexts, such as Indonesia. This article advances the concept of digital constitutionalism as a paradigm shift extending constitutional protections beyond the state to powerful technology corporations. Theoretically, it reframes constitutionalism in the digital era; practically, it offers normative guidance for courts and policymakers to reinforce digital rights. Ultimately, digital constitutionalism is vital not only for protecting individual rights but also for sustaining democracy in the digital age.
Reparative Justice and State Responsibility: Reactualizing the Due Diligence Principle in Ensuring Civil Remedies for Human Rights Violations: Reparative Justice and State Responsibility: Reactualizing the Due Diligence Principle in Ensuring Civil Remedies for Human Rights Violations Simon S. Condro Kitono; Dedy Ardian Prasetyo; Supaphorn Akkapin
PENA LAW: International Journal of Law Vol. 4 No. 1 (2026): May
Publisher : Yayasan Pusat Cendekiawan Intelektual Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56107/penalaw.v4i1.314

Abstract

The right to civil redress is a central pillar of reparative justice for victims of human rights violations. Although international legal instruments, such as the United Nations Basic Principles on the Right to Remedies and Reparation, affirm states’ obligation to guarantee this right, many have failed to establish mechanisms that are effective and accessible to victims. This article conceptualizes the principle of due diligence as a binding international legal standard that obliges states to prevent and respond to human rights violations and ensure the availability of accessible and enforceable civil restitution. Employing a normative legal method and a comparative case study of Argentina, Germany, and Indonesia, the analysis demonstrates that civil restitution remains the most fragile dimension of state accountability frameworks, with reparations frequently regarded as discretionary policies rather than legal mandates. To address this gap, this study advances a set of normative indicators for assessing states’ compliance with their reparation obligations. The findings highlight the imperative of embedding the principle of due diligence within national legal systems as a concrete legal obligation, thereby advancing victim-centered justice.
Corporate Human Rights Due Diligence in Transnational Business: Towards a Binding Normative Framework in International Private Law Cindya Cindya; Dedy Ardian Prasetyo; Supaphorn Akkapin
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1712

Abstract

The global expansion of transnational corporations has intensified concerns over human rights (HR) violations, including forced labor, environmental harm, and the displacement of local communities. Existing international instruments—such as the UN Guiding Principles on Business and Human Rights (UNGPs) and OECD Guidelines—remain non-binding and lack effective enforcement. While regional initiatives like the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) signal a transition toward binding obligations, their territorial scope limits broader applicability. This gap underscores the pressing need for normative frameworks that supersede voluntary standards. This study adopts a normative juridical methodology, analyzing international instruments, landmark cases (Kiobel v. Royal Dutch Petroleum and Chevron v. Ecuador), and comparative regulatory approaches. The findings demonstrate that private international law offers untapped potential to embed HR due diligence (HRDD) obligations within transnational business practices. Contractual mechanisms, choice of law clauses, and international arbitration can transform HRDD into binding legal commitments, complementing public international law while addressing jurisdictional and enforcement barriers. The novelty of this research lies in reframing private international law as a substantive tool for human rights enforcement. It advances the paradigm of “privatization of human rights accountability,” expanding the discourse on corporate accountability beyond the limits of public law. Practically, the study contributes actionable models for regulators and corporations to integrate HRDD into global supply chains, thereby strengthening both human rights protection and sustainable corporate governance
International Commercial Mediation: Towards a Harmonized Legal Framework for Cross-Border Business Dispute Resolution Ely Nursamsiah; Yuhelson Yuhelson; Supaphorn Akkapin
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1714

Abstract

Globalization has expanded cross-border trade while also increasing the number of international commercial disputes. Litigation, though authoritative, is often expensive, time-consuming, and complicated by different jurisdictional rules, which weakens legal certainty for businesses. Mediation provides a more efficient and flexible alternative that helps maintain business relationships. However, its effectiveness is still limited by fragmented national regulations, the voluntary nature of the UNCITRAL Model Law (2002), and limited ratification of the Singapore Convention on Mediation (2019). This study employs a normative legal approach, incorporating a comparative analysis of selected jurisdictions (the United States, the European Union, Singapore, and Indonesia), and is supported by secondary literature and institutional reports. Findings indicate that while Singapore has aligned its domestic law with international standards, most jurisdictions still treat international mediation ambiguously, weakening enforceability. Additional barriers include the shortage of qualified mediators, cultural biases toward litigation, and low business awareness. The novelty of this research lies in its integration of normative, socio-cultural, and institutional dimensions. Theoretically, it reinforces the transnational legal process framework; practically, it proposes a roadmap to strengthen mediation’s legitimacy through wider ratification, legal alignment, and capacity-building for mediators. The study concludes that a harmonized legal framework for international commercial mediation is not merely aspirational but a pressing necessity for global economic stability.
Landowners’ Rights and Criminal Liability: Towards a Normative Framework for International Legal Protection Ary Nizam; Md. Shodiq; Supaphorn Akkapin
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1715

Abstract

Land ownership has long been seen as a fundamental right, but its protection under international law remains fragmented and inadequate. While the Universal Declaration of Human Rights and related covenants recognize the property right, there is no comprehensive international instrument explicitly safeguarding land rights, especially amid systematic land grabbing and forced evictions. This study employs a normative legal approach with a qualitative design, analyzing primary legal sources—including international treaties, jurisprudence from the International Court of Justice and the International Criminal Court—as well as academic literature and reports from civil society. The findings highlight three main points. First, international recognition of land rights is weak and lacks effective enforcement mechanisms. Second, systematic violations like mass evictions could be considered international crimes, particularly crimes against humanity, but the lack of explicit jurisprudence creates interpretive ambiguity. Third, while states often justify large-scale land dispossession, corporate accountability at the international level remains limited because it relies on non-binding soft law principles. Reflecting on these findings, the study advocates for the development of a normative framework that links land rights protection with international criminal responsibility. Such a framework would not only strengthen theoretical understanding by connecting property rights with international criminal law but also offer practical guidance for policymakers, international organizations, and civil society. Ultimately, this research aims to help bridge the gap between formal recognition and absolute protection of land rights in the context of globalization.
From Regulation to Culture: Rethinking Global Anti-Corruption Law Enforcement Dippo Alam; Maryano Maryano; Supaphorn Akkapin
Journal Evidence Of Law Vol. 4 No. 3 (2025): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i3.1734

Abstract

Corruption persists as one of the most entrenched challenges in global governance, undermining democratic institutions, economic development, and public trust. Despite the widespread adoption of international frameworks, such as the United Nations Convention against Corruption (UNCAC), and the proliferation of national anti-corruption agencies, empirical evidence suggests that regulatory instruments alone remain insufficient. Transparency International’s 2023 Corruption Perceptions Index reveals that two-thirds of countries score below 50 out of 100, reflecting limited progress despite extensive legal reforms. This study employs a qualitative-descriptive and comparative literature approach to analyze the limitations of formal regulation and to examine the role of legal culture in strengthening anti-corruption enforcement. Findings demonstrate that while regulatory frameworks provide essential normative foundations, sustainable compliance emerges only when integrity is embedded within societal values and norms. Comparative evidence from Singapore, Denmark, Finland, and Rwanda illustrates that internalized social trust, transparency, and accountability act as cultural multipliers of legal effectiveness. The study contributes to academic discourse by shifting the focus from purely legal and formal perspectives to the integration of socio-cultural dimensions, thereby addressing a significant research gap. Practically, it offers policy recommendations for embedding anti-corruption education, strengthening civil society, and fostering cultural transformation alongside legal reforms. Ultimately, effective global anti-corruption enforcement requires a paradigm shift—moving from regulation to culture.
The Role of The Constitutional Court in Maintaining the Balance of Power in Indonesia Dony Setyawan; Atma Suganda; Supaphorn Akkapin
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.40

Abstract

The role of the Constitutional Court in maintaining the balance of power in Indonesia is crucial in ensuring the achievement of a democratic and fair system of government. As an institution mandated to safeguard the constitution, the Constitutional Court has the main function of conducting judicial reviews of laws that conflict with the 1945 Constitution, as well as overseeing general and regional elections. In addition, the Constitutional Court also acts as a protector of citizens' constitutional rights, ensuring that economic, social and cultural rights are respected and protected. Through its authority, the Constitutional Court plays an important role in maintaining the principle of checks and balances in Indonesia, preventing abuse of power, and strengthening the system of separation of powers between the executive, legislative and judicial branches. In this context, the Constitutional Court functions as an independent and objective constitutional watchdog institution, which is an important element in maintaining the stability and sustainability of democracy in Indonesia.
Co-Authors Abdul Latif Ardhy Gumilar Arief Fahrurrozie Hidayat Ary Nizam Atma Suganda Budi Santoso Cindya Cindya Dedy Ardian Prasetyo Dedy Ardian Prasetyo Dippo Alam Dony Setyawan Ely Nursamsiah Indah Riyanti Irfan Anas Johan Erwin Isharyanto Kholik Idris Mad Romli Maryano Maryano Masrukhi Masrukhi Md. Shodiq Muhammad Rizqi Alfarizi Ramadhan Raymond Nadeak Risma Situmorang Sigit Irianto Simon S. Condro Kitono Simon S. Condro Kitono Sonyendah Retnaningsih Sri Mulyani Yudha Cahya Kumala Yuhelson Yuhelson