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Ekon, Yanto M.P.
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Religion Arts Humanities Computer Science & IT Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Physics Social Sciences Veterinary Other

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Legal and Geopolitical Dynamics in the Delimitation of the Continental Shelf Boundaries among Indonesia, Australia, and Timor-Leste in the Timor Sea Ekon, Yanto M.P.; Kase, Alfred G.O; Ndaomanu, Melkianus; Rafael, Tontji Christian
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 3 (2026): Jurnal Sipakatau
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i3.713

Abstract

This study analyzes the legal inconsistency in the delimitation of continental shelf boundaries in the Timor Sea involving Indonesia, Australia, and Timor-Leste. It focuses on the contrast between the Indonesia–Australia Continental Shelf Agreement of 1972, which applies a special circumstances approach based on geological features, and the Australia–Timor-Leste Maritime Boundary Treaty of 2018, which adopts the median line principle in accordance with the United Nations Convention on the Law of the Sea (UNCLOS) 1982. This research employs a normative legal method, examining international treaties, legal doctrines, and relevant judicial decisions. The findings indicate that the difference in delimitation methods results from both the absence of trilateral negotiations and the evolution of international maritime law. The application of geological considerations in the 1972 agreement has led to a delimitation outcome that significantly disadvantages Indonesia, while the 2018 treaty reflects a more equitable and modern legal approach. This inconsistency creates legal uncertainty and raises concerns regarding fairness in the allocation of continental shelf areas. The study further demonstrates that Indonesia has strong legal grounds to seek renegotiation or adjustment of the 1972 agreement, particularly in light of the principles of equity and distance-based criteria under UNCLOS 1982. A consistent application of these principles is essential to ensure fairness and legal certainty in maritime boundary delimitation.
Reassessing Criminal Responsibility of Mentally Disordered Offenders in Indonesian Homicide Cases: Judicial Interpretation of Article 44 KUHP Mau, Ellon Belwan Cornelium; Ndaumanu, Melkianus; Ekon, Yanto M.P.
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 4 (2026): Jurnal Sipakatau
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i4.716

Abstract

This study examines the judicial interpretation of criminal responsibility for mentally disordered offenders in homicide cases under Article 44 of the Indonesian Criminal Code (KUHP). Despite its normative function as a ground for excluding criminal liability, the application of Article 44 remains inconsistent in judicial practice. Using a normative juridical approach combined with case analysis, this research analyzes court decisions across multiple judicial levels and evaluates the extent to which psychiatric evidence influences legal reasoning. The findings indicate that judges tend to rely on behavioral indicators such as functional normality, coherence of testimony, and the presence of rational motives, rather than prioritizing clinical psychiatric assessments. As a result, defendants diagnosed with severe mental disorders, including schizophrenia, may still be deemed criminally responsible. This practice reflects a shift from a capacity-based approach toward a behavior-based interpretation, which risks undermining the doctrinal principle of culpability (schuld). Furthermore, the study highlights the limited evidentiary weight assigned to Visum et Repertum Psychiatricum and the lack of interdisciplinary integration between law and psychiatry. A comparison with Article 39 of the new Indonesian Criminal Code demonstrates a significant paradigm shift toward a more precise, evidence-based, and rehabilitative framework. This research concludes that strengthening judicial understanding of mental health, enhancing the role of expert evidence, and ensuring consistent implementation of the new legal framework are essential to achieving a more just and humane criminal justice system.
Prevention and Law Enforcement of Criminal Acts of Corruption Causing State Financial Losses Ekon, Yanto M.P.; Ndaomanu, Melkianus; Aleng, Yohana Lince; Mangililo, Ira D.; Mau, Ellon Belwan Cornelium
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 2 (2026): Jurnal Sipakatau
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i2.717

Abstract

Corruption crimes causing state financial losses in East Nusa Tenggara Province (NTT) continue to increase. As an archipelagic province, all corruption cases across 21 districts and 1 city must be tried at the Corruption Crime Court in Kupang, requiring substantial state operational costs. This normative legal research, employing descriptive and prescriptive methods, analyzes court decisions from the Kupang Corruption Court to examine prevention strategies and selective law enforcement mechanisms. The findings reveal that most corruption cases stem from government procurement, particularly construction services. Critical acts include volume shortfalls, work not conforming to specifications, building failures, and failure to disburse maintenance guarantees. The research demonstrates that law enforcement often increases state financial losses when the proven loss is smaller than the operational budget (ranging from IDR 491–492 million per case) or when defendants are acquitted, wasting state funds. Between 2020–2024, corruption caseloads fluctuated between 49–92 cases annually, confirming that punitive-centric enforcement alone is ineffective. This study proposes: (1) involving competent university experts in procurement processes to verify materials, volumes, and specifications before fund disbursement; (2) amending legislation to limit Corruption Court jurisdiction to cases involving minimum losses of IDR 1 billion, harmonizing with KPK authority; and (3) adopting selective enforcement prioritizing state financial recovery over imprisonment, especially for de minimis losses. Building failures should be resolved under Construction Services Law (civil remedies), not automatically prosecuted as corruption. Effective corruption enforcement should be measured by recovered state assets, not solely by conviction rates.
Co-Authors Aleng, Yohana Lince Alfred G.O Kase Mau, Ellon Belwan Cornelium Ndaomanu, Melkianus Ndaumanu, Melkianus Rafael, Tontji Christian