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All Journal Uti Possidetis: Journal of International Law POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Odelia, Marsha
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hak Asasi Manusia bagi Pihak Ketiga dalam Perampasan Aset Berbasis Non-Pidato: Perbandingan Indonesia dan Australia Andini, Orin Gusta; Boer, Muhammad Riyan Kchfoi; Tanjung, Sisi A.; Odelia, Marsha
Uti Possidetis: Journal of International Law Vol 6 No 2 (2025): Juni
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i2.41117

Abstract

Background: The ever-evolving international legal framework prioritizes the enforcement and protection of human rights and global justice. States are encouraged to underline their obligations in preventing human rights violations, particularly in law enforcement practices. Indonesia, although it has ratified the UNCAC, has still not ratified the mechanism for the confiscation of assets resulting from corruption crimes without the need for a conviction or as well known as the Non-Conviction-based Asset Recovery (NCB). The relationship between the NCB and human rights is the source of the problem of law enforcement to eradicate corruption in Indonesia. Therefore, this article explains the protection of human rights, especially those concerning the third-party, in the asset forfeiture bill in Indonesia and compares it with the implementation of the NCB in Australia. Methodology: Using a legislative approach to examine the legal provisions applicable in both countries, namely Indonesia and Australia, this paper relies on the study of relevant legal sources, including anti-corruption law and human rights law. Objective: This study is expected to provide an overview of the human rights protection mechanism in the enforcement of the law on the confiscation of assets resulting from corruption without the need to go through the criminal process first in Indonesia. Findings: The study found that the draft asset forfeiture law in Indonesia does not offer balanced legal protection for third party human rights, specifically the right to own property acquired in good faith or without criminal involvement. Indonesia is advised to adopt a mechanism for asset forfeiture without criminal proceedings as implemented in Australia, which guarantees asset ownership rights for bona fide the third-party to reformulate human rights in the bill. Originality/Uniqueness: This research is relevant and necessary in the development of the concept of multinational asset recovery in Indonesia by prioritizing the balance of human rights protection, especially for the third-party.
Paradoks Kebebasan Beragama di Indonesia: Antara Ketertiban Sosial dan Hukum Negara Odelia, Marsha; Maharani, Citra Ayu Deswina; Ramadhani, Dina; Melinda, Melinda; Elviandri, Elviandri
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 12 No 2 (2025): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v12i2.13476

Abstract

Restrictions on freedom of religion within Indonesia’s legal system continue to generate normative and practical debates, particularly due to regulatory practices that tend to be repressive and discriminatory toward certain religious groups. This situation reflects an ongoing tension between the protection of fundamental rights and the state’s interest in maintaining social order. This study aims to analyze freedom of religion in Indonesia from a utilitarian perspective, specifically through John Stuart Mill’s harm principle, and to propose a legal reformulation oriented toward justice and the promotion of the common good. The research employs a normative legal method using philosophical and conceptual approaches, drawing on statutory regulations, legal doctrines, and utilitarian legal philosophy. The findings indicate that current restrictions on religious freedom in Indonesia are inconsistent with utilitarian principles, as they often undermine the greatest happiness of those affected without clear evidence of actual harm to society at large. The proposed legal reform includes revising discriminatory regulations, simplifying the licensing procedures for houses of worship in a non-discriminatory manner, and accelerating the establishment of a National Regulatory Body as a mechanism for legal harmonization. The application of the harm principle in public policymaking has significant implications for strengthening the protection of religious freedom, balancing individual liberty with social order, and fostering a more just and welfare-oriented legal system.
Co-Authors Boer, Muhammad Riyan Kchfoi Elviandri, Elviandri Maharani, Citra Ayu Deswina Melinda Melinda Orin Gusta Andini Ramadhani, Dina Tanjung, Sisi A.