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All Journal AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
Enrico Winadi
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Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Tindak Pidana Korupsi Tanah Kas Desa di Yogyakarta: (Studi Kasus Putusan Pengadilan Negeri Yogyakarta Nomor 8/Pid.Sustpk/2023/Pn Yyk) Enrico Winadi; Benedictus Renny See; Antonius Maria Laot Kian
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 3 No. 3 (2024): Oktober : JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v3i3.7290

Abstract

This journal examines the criminal act of corruption related to village treasury land (tanah kas desa) in Yogyakarta, with a specific focus on the District Court Decision No. 8/Pid.Sus-TPK/2023/PN Yyk. The objectives are to identify the underlying reasons behind corruption practices, analyze the application of substantive criminal law, and assess the state losses as well as possible preventive measures for future land management. The study employs a qualitative research method through interviews, documentation, and literature review, involving key informants from the judiciary, prosecution office, police sector, and village administration. The findings reveal that corruption in village treasury land is driven by internal factors such as personal motives, economic background, moral integrity, legal awareness, and authority, as well as external factors including non-transparent bureaucracy, ingrained corruption culture, weak supervision, ineffective legal systems, and socio-economic pressures. The application of substantive criminal law is reflected in the assessment of elements of corruption, judicial considerations, and the interplay between legal norms, social impacts, and local wisdom. Furthermore, the study highlights significant economic and social losses, and recommends strategies for prevention, governance improvement, and strengthening accountability to minimize corruption risks in village land management.
Labor Dispute Mediation: A Constitutional Perspective to Realize Social Justice in the 1945 Constitution Riana, Ana; Enrico Winadi; Riski Eka Purnairawan
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.30306

Abstract

This study aims to analyze labor dispute mediation as a constitutional vehicle for realizing social justice, not merely an administrative instrument. The urgency of this study departs from the fact that the settlement of labor disputes through mediation in Indonesia has so far been more emphasized on procedural efficiency and technical neutrality, without considering the structural inequality between workers and employers, so that substantive justice as mandated by the Preamble and Article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia is often ignored. The research adopts a normative juridical approach, examining primary legal materials (the 1945 Constitution and Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes) and secondary legal materials through literature studies and content analysis. The results show that the prevailing mediation framework tends to prioritize speed and formality, potentially giving rise to a "pseudo-consensus" that does not reflect workers' free will. The neutrality of the mediator that is mechanical in nature has failed to correct the imbalance of power in industrial relations. This study concludes that mediation should be repositioned as an integral part of the constitutional rights protection system, with the state playing an active role as guardian of social justice. Policy recommendations include strengthening technical guidelines for mediation in line with Pancasila values, training mediators to be oriented toward social justice, and encouraging the Constitutional Court to interpret labor norms progressively. The implications of this research theoretically enrich the construction of labor law of a constitutional nature, while making a practical contribution to the reform of national labor policies that are more in favor of the protection of vulnerable groups
Co-Authors Ana Riana Antonius Maria Laot Kian Benedictus Renny See Riski Eka Purnairawan