Article Per Year (5 Year)
p-Index From 2021 - 2026
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All Journal University Of Bengkulu Law Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement
Salwa Aulia
Universitas Bengkulu
Law, Crime, Criminology & Criminal Justice

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Fair Play Principles in Good Governance: Comparative Regulations and Implementation in Indonesia and Malaysia Salwa Aulia; Steven Immanuel Simanjutak; Alvian Ajay Chensyah Padang; Wulandari; Mukhlis Mubin
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 5 Issue 1 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v5i1.923

Abstract

The principle of fair play constitutes a fundamental element in modern governance, emphasizing integrity, transparency, and equal treatment in public administration. In Indonesia, this principle is incorporated into the General Principles of Good Governance (AUPB), while Malaysia situates it within administrative instruments including Public Service Ethics and public sector integrity standards. This study analyzes the relevance of fair play principles in realizing good governance through a comparative approach between Indonesia and Malaysia, examining normative foundations, regulatory developments, and implementation practices. The research employs a normative legal approach with comparative methodology, analyzing laws, administrative guidelines, court decisions, and scholarly literature. Findings reveal that although both countries demonstrate commitment to fair play principles, Indonesia confronts challenges in consistent AUPB application and enforcement, while Malaysia encounters issues regarding transparency and effectiveness of public complaint mechanisms. The study confirms that strengthening fair play principles plays a strategic role in enhancing bureaucratic integrity and reinforcing public service legitimacy. Recommendations emphasize regulatory harmonization, improvement of official accountability, and implementation of integrity-based oversight mechanisms. The comparative analysis demonstrates that effective implementation requires not merely normative frameworks but also transformation of administrative culture, capacity building, and sustained institutional support in both countries.
Seizure As A Coercive Measure In A Comparison Of Criminal Procedural Law Between Indonesia And France Salwa Aulia; Wevy Efticha Sary
University Of Bengkulu Law Journal Vol. 10 No. 2 (2025): October
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v10i2.46708

Abstract

Seizure is a form of coercive measure in criminal procedure law that inherently restricts constitutional rights, particularly the right to property and protection against arbitrary actions by law enforcement officials. Changes to criminal procedure law regulations in Indonesia through the New Criminal Procedure Code mark a fundamental reform of the investigation mechanism, including regulations on seizure. However, these normative reforms need to be critically examined to assess the extent to which the new regulations are able to guarantee due process of law and prevent abuse of authority. This article aims to analyze the provisions on seizure in the New Indonesian Criminal Procedure Code by comparing them with the seizure system in the French Code de procédure pénale as a representation of an established civil law system. This study uses a normative juridical method with a legislative, conceptual, and comparative legal approach. The results show that the New Criminal Procedure Code has strengthened the normative basis for seizure by confirming the objectives, objects, and procedures for seizure, but still leaves broad discretion to investigators. In contrast, French criminal procedure law places strong judicial control through a mechanism of judicial authorization and procedural guarantees for suspects and third parties. This comparison emphasizes the importance of strengthening judicial oversight and limiting the authority of investigators in the seizure system in Indonesia. This article contributes by formulating normative implications and offering a reconstruction of seizure regulations in the New Criminal Procedure Code that is oriented towards the protection of human rights, legal certainty, and the principle of proportionality in criminal procedure law.
Co-Authors Alvian Ajay Chensyah Padang Mukhlis Mubin Steven Immanuel Simanjutak Wevy Efticha Sary Wulandari