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All Journal Jurnal Hukum Lex Generalis Journal of Strafvordering Indonesian
Mustofa Ponco Wibowo
Universitas Brawijaya
Law, Crime, Criminology & Criminal Justice

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Urgensi dan Tata Kelola Super Holding BUMN: Studi Komparatif Danantara Indonesia, Temasek Holdings Singapura, dan 1MDB Malaysia Nidia Yustisia Kartika; Muhammad Bilal Prasetyo; Mustofa Ponco Wibowo
Jurnal Hukum Lex Generalis Vol 6 No 8 (2025): Tema Hukum Pemerintahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i8.1584

Abstract

This study aims to compare the governance between Danantara, Temasek, and 1MDB. The focus on the study includes legal basis, ownership status, organizational structure, and accountability system. Danantara has a strong legal basis but remains vulnerable to political influence and weak oversight. Temasek has maintained its independence through a strong legal and organizational structure, while 1MDB exemplifies governance failure due to weak oversight and lack of transparency. This study highlights the need for transparency, accountability, and political neutrality to ensure the success of state-owned superholdings and offers insights for developing a sustainable state investment model.
Corporate Criminal Responsibility in Environmental Crimes: a Case Study of Industrial Pollution Kemmala Dewi; Abd Razak Musahib; Mustofa Ponco Wibowo
Journal of Strafvordering Indonesian Vol. 2 No. 1 (2025): JOSI - MARCH
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/wp2z3b67

Abstract

Criminal law enforcement against companies in environmental crime cases still faces significant challenges. Although Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law) has regulated criminal sanctions for companies that pollute the environment, its implementation is still weak. The main factors that hinder the effectiveness of law enforcement include difficulties in proving criminal elements, weak capacity of law enforcement officials, and political and economic pressures that benefit polluting companies. In addition, corruption, overlapping authority between institutions, and inequality between regulations and implementation are the main obstacles in criminally ensnaring companies. The principles of strict liability and corporate criminal liability that are expected to ensnare polluting companies are still not applied optimally. Legal reform is needed to strengthen the effectiveness of environmental criminal law enforcement, including through increasing the capacity of law enforcement officers, improving regulations, and implementing stricter sanctions such as the revocation of business licenses. Information transparency, inter-agency coordination, and protection for whistleblowers must also be strengthened. With these steps, it is hoped that environmental law enforcement can be more effective in providing a deterrent effect to polluting companies, ensuring corporate criminal responsibility, and upholding the principles of environmental justice in Indonesia.
Co-Authors Abd Razak Musahib Kemmala Dewi Muhammad Bilal Prasetyo Nidia Yustisia Kartika