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All Journal Jurnal Meta-Yuridis Awang Long Law Review Unes Law Review Jurnal Jatiswara Kosmik Hukum Media Iuris SIGn Jurnal Hukum Proceedings Series on Social Sciences & Humanities Yuriska : Jurnal Ilmiah Hukum Law Research Review Quarterly
Muhammad Djaelani Prasetya
Universitas Hasanuddin
Education Environmental Science Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Upaya Re-Definisi Korporasi dalam Undang-Undang Nomor 1 Tahun 2023 Prasetya, Muhammad Djaelani; Ratnawati, Ratnawati
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.894

Abstract

The phenomenon of community associations or associations that do not have legal entities leads this research to seek a re-definition of corporations in Law Number 1 Year 2023. The research is conducted normatively with a historical, statutory and case approach. This will be analyzed qualitatively in order to answer legal questions. The research found that First, the history of corporations in the United States has described the development of terms, understanding, bad behavior, criminal administration, prosecution, criminal liability to deferred prosecution aggrement. Second, the efforts to redefine corporation are divided into 3 (three) things, namely 1) based on legislation, where 7 (seven) phases of development of the meaning of corporation are found, both indirectly and directly; 2) based on the existence of the Business Competition Supervisory Commission which has a connection with corporate crime and can cause problems in the future if it is connected to Article 146 of the New Criminal Code; and 3) based on a systematic review of the New Criminal Code which can cause problems such as the existence of terms without understanding or explanation, the existence of almost the same meaning without explanation, the contradiction of terms and the use of unnecessary words.
Penegakan Hukum Animal Abuse dan Peningkatan Kesejahteraan Hewan di Kota Makassar Melalui Veteriner Forensik Febrianti, Ira; Ramadhansyah Prasetia, Muhammad; Nurfadilla, Nurfadilla; Aulia Ramadhan, Salsabila; Rayhan Putra Hasrun, Ahmad; Djaelani Prasetya, Muhammad
UNES Law Review Vol. 6 No. 1 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i1.1098

Abstract

Animal welfare is proven by fulfilling the 5 principles of animal freedom or five freedoms, namely freedom from hunger and thirst, from discomfort, from pain, injury, or disease, freedom to express normal behavior, and freedom from fear and distress. This research focuses on dogs and cats because in line with cases that occurred in Makassar City, these two animals are often victims of violence. The research aims to describe the public's perception in Makassar City regarding animal welfare, the police's perception of forensic veterinary, the application of forensic veterinary as a law enforcement tool, as well as solutions for implementing forensic veterinary to protect animal rights in Makassar City. This research uses a mixed method with a Sequential Explanatory approach model. The first research used quantitative methods to answer the first to third problem formulations and qualitative methods to answer the fourth problem formulation. Data analysis using quantitative methods through descriptive analysis using the SPSS application. Meanwhile, qualitative data analysis involves reducing the data to concluding. The research results show that public knowledge regarding animal welfare is very low and police investigators' knowledge of veterinary forensics is quite good, but not yet in line with its implementation. Therefore, veterinary forensics is present as an effort to enforce the law against acts of animal violence in realizing animal welfare in the city of Makassar.
Handling Corruption as a Social System: An AGIL-Based Socio-Legal Analysis of Prosecutorial Practices in South Sulawesi Prasetya, Muhammad Djaelani
Law Research Review Quarterly Vol. 11 No. 4 (2025): Articles in press
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i4.40596

Abstract

This article examines the handling of corruption in South Sulawesi through a socio-legal approach by applying Talcott Parsons' AGIL (Adaptation, Goal Achievement, Integration, and Latency) framework to structured interviews. Different from the dominant approach that frames the handling of corruption primarily in terms of legal compliance, institutional capacity, or political matters, this article conceptualizes handling as a dynamic social system shaped by the institutional practice and professional experience of prosecutors. Empirical data was collected through structured interviews with 25 prosecutors from 24 district attorney's offices and 1 person from the South Sulawesi High Prosecutor's Office, all of whom had first-hand experience in dealing with corruption. The findings suggest that the handling depends on a functional balance between technical adaptation to complex corruption schemes, the achievement of substantive objectives oriented towards the deterrent effect and recovery of assets, institutional integration through teamwork and inter-agency coordination, and latency mechanisms that support professional values, and psychological stability. Disruption to AGIL's function can weaken the performance of handling corruption. This article offers a contribution by developing the AGIL framework from the normative side to the practical direction of institutional-based. This article affirms the concept of institutional balance to explain the legal structure, organizational coordination, and professionalism interacting in maintaining the handling of corruption at the regional level.
Legal Pluralism based on World Policy Hybridization: A Comparison of Malaysian and Iranian Asset Forfeiture Prasetya, Muhammad Djaelani; Ilyas, Amir; Arifin, Arnita Pratiwi; Fuady, Muhammad Ikram Nur; Saeedi, Yasin
Kosmik Hukum Vol. 26 No. 1 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i1.28698

Abstract

Asset forfeiture has developed into a global policy adopted by various countries as an instrument of corruption eradication. The United States and Australia already have asset forfeiture programs, as do countries in Asia. The direction is to strengthen the state to fight corrupt behaviors. This study analyzes the development of the contemporary criminalization of corruptors through a doctrinal comparative study of asset forfeiture policies in Iran and Malaysia. The results of the study showed that both countries adopted the policies of the United Nations Convention Against Corruption (UNCAC) and the recommendations of the Financial Action Task Force (FATF). Malaysia retains the influence of the British legal system with adjustments to customary law, while Iran implements a more revolutionary model through the practice of expanding sharia-based confiscation. In the Indonesian context, normative and institutional obstacles remain challenges, but implementation opportunities are open through the passage of the Asset Forfeiture Bill. This study recommends that the Bill regulate policies, mechanism models, proof, institutional, execution, and penal-non-penal practices, including the implementation of expanding confiscation. Thus, Indonesia can strengthen its anti-corruption regime through asset forfeiture instruments that are in line with international standards, the practices of other countries, and Indonesia's needs.
Subordinate Justice to Forensic Scientists: Indonesia's Authority and Regulation Gap Prasetya, Muhammad Djaelani; Ilyas, Amir; Saraka, Erwin Mansyur Ugu; Ratnawati
Media Iuris Vol. 9 No. 1 (2026): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v9i1.77587

Abstract

Abstract This study confirms the existence of fundamental contradictions in the application of Forensic Science in the Indonesian Criminal Justice System (CJS). Although globally recognized as a vital instrument for uncovering material truth and ensuring accountability, its status within Indonesia's legal framework, including the newly promulgated KUHAP 2025, remains implicit, partial, and subordinate to the judiciary. An analysis of regulations and verdict studies (murder, narcotics, and poisoning cases) shows that the Criminal Code reduces the value of forensic scientific evidence to indicative evidence, not explicit or primary evidence. Institutionally, regulation is still centered on Forensic Medicine, ignoring other Forensic Scientist disciplines (such as DNA and Toxicology). This gap is exacerbated by inconsistencies in expert qualifications in field practice, indicating a human resource crisis and the absence of comprehensive standards. The attachment of forensic institutions exclusively to the police creates a serious challenge to their independence and impartiality. Doctrinally, these findings demand the transformation of Forensic Science's position from a mere tool to an essential component that is mandatory and independent. This demand requires the explicit integration of Forensic Science as a strong type of evidence in the Criminal Code and the establishment of procedural standards and codes of ethics to ensure a scientific, objective, and effective evidentiary process to prevent the risk of human rights violations.
Co-Authors Adeh Dwi Putra Ahmad Rayhan Putra Hasrun Andi Akbar Andi Muhammad Sofyan Arifin, Arnita Pratiwi Aulia Ramadhan, Salsabila Fuady, Muhammad Ikram Nur Ilyas, Amir Imran Eka Saputra Ira Febrianti Ira Febrianti, Ira Iustika Puspa Sari Laksono Trisnantoro M. Aris Munandar Muhammad Ihsan Muhammad Ramadhansyah Prasetia Nurfadilla Nurfadilla Nurfadilla, Nurfadilla Ramadhansyah Prasetia, Muhammad RATNAWATI Ratnawati Ratnawati Ratnawati Ratnawati Rayhan Putra Hasrun, Ahmad Saeedi, Yasin Salsabila Aulia Ramadhan Saraka, Erwin Mansyur Ugu Syahril Said