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All Journal Arena Hukum Prosiding Seminar Nasional Ilmu Hukum
Prasetijo Rijadi
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Law, Crime, Criminology & Criminal Justice

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Batas Kewenangan Advokat dalam Membela Klien terkait dengan Delik Obstruction of Justice Rizal Hamdani; Prasetijo Rijadi
Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 2 (2024): Desember : Prosiding Seminar Nasional Ilmu Hukum,
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v1i2.42

Abstract

The issue of accusations of obstructing or obstructing the legal process carried out by the Advocate in his capacity to defend the client is problematic. The aim of this study is to describe the right to immunity possessed by advocates in the aspect of law enforcement. As well as aiming to find out the criminal liability of Advocates for Obstruction of Justice carried out during the legal process. This writing uses the normative law research method, which is a method or method used in one of the legal research conducted by reviewing the literature and aimed at written regulations. This study show that the right to immunity applies as long as there is good faith that can be held accountable by the Advocate both outside and in the trial in order to protect the legal interests of his client. Meanwhile, in the criminal aspect against Advocates who are proven to have committed obstruction of justice and injured good faith by committing acts that are against the Law to obstruct the law enforcement process.
Judicial Bribery in Indonesia: Legal Culture, Illiberal Legalism, and Southeast Asia Efendi, Jonaedi; Prasetijo Rijadi; Ernawati Huroiroh
Arena Hukum Vol. 19 No. 2 (2026)
Publisher : Universitas Brawijaya

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Abstract

Judicial bribery in Indonesia persists despite successive institutional reform cycles since the Reform era, a persistence that institutional weakness alone cannot explain. Existing studies leave three gaps: single-country historical accounts (Lev, 2000; Pompe, 2018; Crouch, 2019) do not compare Indonesia systematically with other jurisdictions; comparative studies (Quoc Bui et al., 2021; Diar, Munandar, and Aziz, 2025) lack a structured theoretical framework explaining why integrity outcomes diverge; and illiberal legalism (Mudhoffir and A'yun, 2021) has not been applied specifically to the judiciary. This article addresses these gaps by examining judicial bribery as a field-level phenomenon, drawing on Bourdieu's theory of the juridical field, habitus, and symbolic capital, and supplementing it with Merton's strain theory and Becker's labelling theory. Employing socio-legal research through a qualitative, library-based comparative approach, the study compares Indonesia with Malaysia, the Philippines, and Singapore using three variables: field insulation from political and economic capital, habitus orientation of judicial actors, and the conversion rate of symbolic authority into economic capital. The findings show that bribery's persistence stems from a patronage logic rooted in colonial legal instrumentalism and entrenched during the New Order, varying systematically with each country's field insulation. Deviant legal culture is replaced with illiberal legalism, understanding bribery as a mode of operating within the legal order for dominant actors' benefit. Durable reform requires structural transformation and sustained political will against elite capture. The article uses Bourdieu's framework as a transferable comparative model, offering foreign readers a lens for analysing similar patronage-based judiciaries elsewhere.
Co-Authors Efendi, Jonaedi Ernawati Huroiroh Rizal Hamdani