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All Journal Indonesian Journal of Criminal Law and Criminology (IJCLC) South East Asian Journal of Advanced Law and Governance
Insyaniyah, Inarotul
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Law, Crime, Criminology & Criminal Justice

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Kesiapan Lembaga Pelaksana dan Bentuk Implementasi Pidana Kerja Sosial di Provinsi Daerah Istimewa Yogyakarta ulul albab, wildan; Safitri, Masna Nuros; Insyaniyah, Inarotul
Indonesian Journal of Criminal Law and Criminology (IJCLC) Vol. 6 No. 2 (2025)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ijclc.v6i2.25968

Abstract

The main punishment mentioned in Law Number 1 Year 2023 on the Criminal Code consists of imprisonment, closure, supervision, fine and community service. The renewal of the types of basic punishment, in this case social work punishment, certainly requires institutional readiness in its implementation and supervision. In this study, the researcher will examine how the concept of the implementation of social work punishment in Criminal Law Reform in Indonesia and how the challenges of implementing agencies in the framework of implementing social work punishment as a form of punishment in national criminal law reform. The research method used in this research is Normative Empirical. The research concludes that the form of social work punishment in Law Number 1 Year 2023 on the Criminal Code is by means of criminal offenders being required to carry out work or social activities that are beneficial to the community within a certain period of time. The challenges that will be faced by the government in relation to the implementation of social work punishment mainly lie in the unavailability of facilities and infrastructure and the lack of coordination between institutions implementing social work punishment. In addition, the difficulty also lies in the fact that the Government Regulation has not been ratified as an implementing regulation regarding social work punishment, so that the institutions implementing social work punishment cannot be sure of the concept and form of implementation of social work sanctions.
The Administrative Court Judges Paradigm on Justice and the Protection of the Awyu Indigenous People's Rights in Environmental Permit Dispute Safitri, Masna Nuros; Syarifudin, Syarifudin; Insyaniyah, Inarotul; Ranjani, Gita; Karina, Gladys Donna; Aprisal, Jelita Septiani
South East Asian Journal of Advanced Law and Governance (SEAJ ALGOV) Vol 2 No 1 (2025): The Indonesia's New Administration: Prospects and Challenges
Publisher : Fakultas Hukum Universitas Gadjah Mada

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22146/seajalgov.v2i1.19539

Abstract

The environmental permit dispute between the Awyu Indigenous People and PT Indo Asiana Lestari highlights challenges in protecting indigenous rights and environmental justice in the Administrative Court. The main issue lies in the legal paradigm that prioritizes procedural aspects and material losses, while neglecting local wisdom, community participation, and long-term ecological impacts. This study aims to analyze the judicial paradigm in Administrative Court rulings and its implications for the protection of indigenous rights and environmental sustainability. Using normative legal research and the critical legal studies approach, the findings indicate that administrative court decisions reinforce structural injustice by limiting the definition of harm to material losses, without considering social and ecological damages. As long as the law remains unchanged, judges will continue to adhere to a procedural and formalistic approach. Therefore, legal reform is necessary, particularly a review of Article 53(1) of the Law on Administrative Court, to enable judges to consider social and ecological impacts in their decisions.
Co-Authors Aprisal, Jelita Septiani Karina, Gladys Donna Ranjani, Gita Safitri, Masna Nuros Syarifudin Syarifudin ulul albab, wildan