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All Journal Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Majelis: Jurnal Hukum Indonesia
M. Arif Syahputra
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Economic Crime Prevention Strategy in the Trade Sector to Create Healthy and Fair Business Competition M. Arif Syahputra; Zudan Arief Fakrulloh
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 3 (2025): Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i3.1221

Abstract

This study explores the critical role of law in preventing and addressing crimes within the trade sector, focusing on specific economic crimes such as corruption, embezzlement, market manipulation, and smuggling. These crimes are on the rise, primarily driven by social and economic inequality. Unequal wealth distribution, weak regulatory oversight, and legal loopholes create opportunities for individuals and groups to pursue illicit financial gains. Powerful economic entities often exploit these weaknesses to maintain monopolistic control, deepening inequality and obstructing fair competition. Moreover, inadequate law enforcement and a lack of transparency within bureaucratic systems contribute to the widespread practices of bribery and collusion between business actors and government officials. This undermines the effectiveness of existing regulations and diminishes public confidence in the legal framework. The consequences of such economic crimes extend beyond financial losses; they significantly affect the broader society. These include rising poverty and unemployment, the deterioration of public trust in legal institutions, and increased social instability, all of which threaten sustainable economic development. To address these challenges, this study applies criminological and legal perspectives, underlining the necessity of multisectoral collaboration. It advocates for stronger government and legal institutional efforts, along with active community engagement, to enhance oversight mechanisms and promote transparency. Firm and equitable enforcement of laws is essential in ensuring justice and restoring trust. Ultimately, a collective commitment to legal reform and accountability is vital to building a trade environment that is fair, inclusive, and conducive to long-term national growth.
Dynamics of Legal Certainty in Forest Area Management Between Economic Utilization and Environmental Sustainability M. Arif Syahputra; Evita Isretno Israhadi
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 3 (2025): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i3.1043

Abstract

This study explores the crucial role of legal certainty in the management of natural resources, with a focus on forest areas, as a key factor in ensuring a balanced approach to economic use, environmental sustainability, and the protection of community rights. Forests, both with and without tree cover, require clear legal frameworks to prevent overlapping claims, illegal activities, and degradation. The state's authority in regulating the status and function of forest areas is vital and must be supported by coherent, enforceable policies. Employing a normative juridical method, this research examines primary, secondary, and tertiary legal sources, particularly Law Number 41 of 1999 concerning Forestry, to assess the extent to which Indonesia’s legal system provides certainty in forest area governance. The findings reveal that legal certainty is still challenged by overlapping regulations, inconsistencies in enforcement, and gaps between formal legal provisions and their implementation in the field. These issues often lead to land conflicts, unclear tenure rights, and unsustainable exploitation. Nevertheless, when implemented effectively, the legal framework has the potential to promote responsible management practices, preserve biodiversity, and safeguard indigenous and local communities' rights. The study underscores the need for harmonizing sectoral laws, strengthening institutional coordination, and improving transparency in forest area designation and use. Legal certainty is not only a prerequisite for sustainable development but also a cornerstone for legal justice and equitable resource governance. This paper contributes to the discourse on forest policy reform and aims to inform legislators, policymakers, and stakeholders involved in natural resources management about the importance of strengthening legal foundations for better governance and sustainability.
Co-Authors Evita Isretno Israhadi Zudan Arief Fakrulloh