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All Journal Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal) Lex Scientia Law Review Jurnal Pengabdian Hukum Indonesia "Indonesian Journal of Environmental Law and Sustainable Development "
Fikri, Wildan Azkal
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Law, Crime, Criminology & Criminal Justice

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Ideological Struggle in The Principle of Material Legality of the New Indonesian Criminal Code and its Future Maskur, Muhammad Azil; -, Pujiyono; Cahyaningtyas , Irma; Fikri, Wildan Azkal; ‘Aisy, Firsta Rahadatul
Lex Scientia Law Review Vol. 9 No. 1 (2025): May, 2025: Law, Technology, and Globalization: Challenges and Innovations in th
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i1.19743

Abstract

This article emerged from the authors’ hypothesis that the principle of legality in the new Indonesian criminal code is hard to conduct because it should refer to 4 groundworks, namely Pancasila, UUD NRI 45, human rights, and the general principles of law. To prove this hypothesis, the authors use the theory of ideology to analyze the battle of values, ideas, and motives in the four. Based on the authors’ reading, the new Indonesian criminal code has expanded the principle of legality into two, namely, the principle of formal and material legality. In the next one, the authors found an ideological struggle in the principle of material legality of the new Indonesian criminal code, which includes the struggle of personal, political, and legal policy ideologies. So, the principle of material legality is challenging to enact because the competing ideologies negate each other. Finally, the authors recommend that the principle of legality be enforced by allowing power-sharing in legal jurisdiction between the Indonesian government and Indigenous law people.
Realizing Political Leadership with Integrity Through Political Education: A Study of KOMPAK-API Maskur, Muhammad Azil; Fikri, Wildan Azkal; Indraswara, Dede
Jurnal Pengabdian Hukum Indonesia Vol. 7 No. 2 (2024): (July-December, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v7i2.14365

Abstract

Political leadership with integrity is a must in realizing a golden Indonesia. However, corruption then becomes something that hinders leadership with integrity. Because of this, this study was conducted by the Anti-Corruption Counselor Community Forum-Integrity Building Experts (KOMPAK-API) which focuses on the realization of leadership with integrity through political education. This study raises the formulation of the problem in the form of What is the role of KOMPAK-API in conducting political education in Central Java? How can political education lead to the birth of political leadership with integrity? The study was conducted using a qualitative-descriptive method and found answers regarding the close relationship between political education carried out by KOMPAK-API and political leadership with integrity in Central Java. Political education is carried out at elementary school, high school, and university levels. Not only for students but also for all teachers. Based on this, political education is recognized as being able to realize political leadership with integrity in order to achieve a Golden Indonesia in 2045.
Legal Aspect of Digital Transformation of Coffee and Tobacco Products in Batursari Village, Kledung Temanggung Indonesia Maskur, Muhammad Azil; Fikri, Wildan Azkal; Indraswara, Dede
Indonesian Journal of Legal Community Engagement Vol. 7 No. 1 (2024): (January-June, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v7i1.16198

Abstract

This study examines the legal aspects of the digital transformation of coffee and tobacco products in Batursari Village, Kledung, Temanggung, Indonesia, with a focus on enhancing the welfare of local entrepreneurs. Batursari Village, rich in natural resources, has significant potential for growth in its coffee and tobacco industries. The research aims to develop strategies for improving the welfare of these entrepreneurs through product digitalization, aligning with the mandate of Article 33 of the 1945 Constitution, which emphasizes the principle of kinship in the economy. Utilizing a mixed-methods approach, including surveys and focus group discussions with local entrepreneurs, the study identifies key challenges and opportunities in digital transformation. While the potential for expanding market access and increasing productivity through digital tools is evident, a lack of digital literacy and limited technological access have been significant barriers. The research highlights the importance of addressing legal aspects related to digital marketing, e-commerce regulations, and compliance with product standards. The study concludes that empowering local entrepreneurs with training in digital marketing and e-commerce can significantly improve market access, productivity, and overall welfare. Recommendations include implementing technical guidance sessions and providing ongoing support to facilitate the adoption of digital tools. Additionally, addressing legal and policy challenges is crucial to create a supportive environment for digitalization in rural economies. This research contributes valuable insights into how digital transformation can be harnessed to boost economic growth and welfare in rural agricultural communities, with a specific focus on Batursari Village’s coffee and tobacco industries.
Penal Policy: Decriminalization of Election Crimes in Indonesia Muhammad Azil Maskur; Pujiyono; Irma Cahyaningtyas; Fikri, Wildan Azkal; Zadataqi, Faikar Sir
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.8831

Abstract

Several election crime articles in Law No. 7/2017 are suspected of causing injustice to subjects who commit election infractions, particularly civil servants, village heads, and election organizers. The potential for injustice arises because the imposition of election crimes on civil servants, village heads, and election organizers causes all three to receive double jeopardy, although double jeopardy is contrary to the constitution and human rights, meaning that enacting election crimes is unfair to all three. These intrigues should be resolved immediately to achieve legal justice for all three. To answer these dynamics, further research needs to be carried out to find out where the injustice lies and the appropriate solution to overcome it. This research utilizes normative legal or doctrinal to examine injustice and find appropriate advisers. The penal policy approach is the right measure to eliminate injustice in election crime articles in Law No. 7/2017. This injustice is precisely in Articles 490, 494, and 546 of Law No. 7/2017 which regulates criminal sanctions for civil servants, village heads, and election organizers who commit election crimes. Decriminalization of Articles 490, 494, and 546 of Law No. 7/2017 needs to be applied because the application of these three articles has caused civil servants, villages, and election organizers to receive double jeopardy, while double jeopardy is contrary to the constitution and human rights so that the application of these three articles is real injustice.
Power, Resources, and Justice: Evaluating International Courts in Settling Transboundary Natural Resource Conflicts Wijayanti, Aprilia; Fikri, Wildan Azkal; Purnomo, Didik; Kusuma, Bagus Hendradi; Sumardiana, Benny
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 2 (2024): July-December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i2.40216

Abstract

Transboundary natural resource disputes—ranging from water rights and mineral extraction to fishing zones—pose complex challenges to the international legal system, often threatening regional stability, economic development, and diplomatic relations. This paper evaluates the effectiveness of international courts in resolving such disputes between sovereign states, focusing on how legal principles, judicial authority, and enforcement mechanisms interact to manage conflicts over shared resources. By examining case studies from the International Court of Justice (ICJ), arbitral tribunals, and other relevant judicial bodies, the study assesses both successes and limitations in achieving equitable and sustainable outcomes. The analysis highlights key factors that influence the effectiveness of international adjudication, including the clarity of legal norms, the willingness of states to submit to jurisdiction, the availability of evidence, and the political and economic stakes involved. While international courts have demonstrated the ability to provide neutral platforms, clarify legal obligations, and shape normative expectations, enforcement challenges and state resistance often limit their practical impact. Moreover, complex scientific, environmental, and technical issues can complicate judicial decision-making, particularly in disputes over shared watercourses, fisheries, and transboundary natural resources. Despite these challenges, the paper argues that international courts play a critical role in promoting accountability, preventing escalation, and guiding cooperative resource management. The study concludes that while courts cannot guarantee compliance or resolve all conflicts, their jurisprudence significantly contributes to the development of international law, offers frameworks for negotiation, and encourages peaceful, rules-based resolution of disputes. Strengthening legal frameworks, promoting regional cooperation, and enhancing compliance mechanisms are essential to maximize the impact of judicial intervention in resource conflicts.
Co-Authors -, Pujiyono Cahyaningtyas , Irma Didik Purnomo, Didik Indraswara, Dede Irma Cahyaningtyas Kusuma, Bagus Hendradi Mardiana - Muhammad Azil Maskur Muhammad Azil Maskur Pujiyono Wijayanti, Aprilia Zadataqi, Faikar Sir ‘Aisy, Firsta Rahadatul