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Muchtar A H Labetubun
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Program Pascasarjana Universitas Pattimura, Kampus Unpatti, Jalan. Ir. M. Putuhena, Ambon, Maluku 97233, Indonesia
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PATTIMURA Legal Journal
Published by Universitas Pattimura
ISSN : -     EISSN : 28302435     DOI : https://doi.org/10.47268/pela
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
PATTIMURA Legal Journal, which is abbreviated as (PELA), is a peer-reviewed media managed and published by the Postgraduate Program Docktoral in Law, Pattimura University. PATTIMURA Legal Journal publishes scientific papers in the field of law, published three times a year in April, August and December. The aim of this journal is to provide a place for academics, students, researchers and practitioners to publish original research articles or review articles. This journal provides direct open access to its content based on the principle that making research freely available to the public supports a greater global exchange of knowledge. PATTIMURA Legal Journal is available online. The languages ​​used in this journal are Indonesian and English. The scope of the articles published in this journal discusses various issues in the fields of Criminal Law, Civil Law, Constitutional Law, International Law, Administrative Law, Environmental Law, Islamic Law, Customary Law and other sections related to contemporary issues in the field of law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 82 Documents
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State-Owned Enterprises Reform and Dual Office Holding: A Comparative Legal and Governance Analysis of Indonesia and Selected African Countries Shanti Wulandari; Uche Nnawulezi
PATTIMURA Legal Journal Volume 5 Issue 1 April (2026): PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v5i1.24234

Abstract

Introduction: State-Owned Enterprises (SOEs) play a crucial role in national economic development, yet many face inefficiency, political interference, and governance challenges. The dual office holding phenomenon where public officials occupy positions within SOEs often intensifies conflicts of interest and reduces accountability. Reforming SOEs, therefore, becomes essential to balance political influence with corporate autonomy and transparency. Purposes of the Research: This study aims to analyze how Indonesia and selected African countries have undertaken SOE reforms while addressing the problem of dual office holding. It explores the institutional mechanisms, legal frameworks, and political dynamics influencing reform outcomes. The research seeks to provide comparative insights into best practices that promote effective governance and minimize political entanglement. Methods of the Research: The study employs a qualitative comparative approach, utilizing document analysis, policy review, and semi-structured interviews with policymakers and governance experts. By examining legislative reforms, administrative structures, and case examples, the research identifies patterns and differences in SOE governance models. Comparative data from Indonesia and three African nations underpin the analysis of institutional performance. Results Main Findings of the Research: Findings reveal that successful State-Owned Enterprises (SOEs) reforms depend on institutional independence, legal clarity, and enforcement against dual office practices. Indonesia shows progress through regulatory refinement, while African cases highlight persistent political patronage. Comparative analysis suggests that transparency mechanisms and merit-based appointments significantly enhance accountability and efficiency in state enterprise management.
Civil Law Tradition and Access to Justice: A Comparative Legal Politics of Civil Procedure in Indonesia and South Africa Muhammad Fadly Nasution; Jan Alizea Sybelle
PATTIMURA Legal Journal Volume 5 Issue 1 April (2026): PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v5i1.25497

Abstract

Introduction: This article analyzes the comparative civil law tradition and its influence on access to justice through the lens of the Politics of Civil Procedure Law in Indonesia and South Africa. Both countries have a deep colonial history that shapes their judicial structures and litigation procedures to this day. In Indonesia, the use of outdated colonial regulations creates barriers for justice seekers, while in South Africa, hybrid systems face the challenge of massive socio-economic inequality. Purposes of the Research: The purpose of this study is to evaluate the impact of the persistence of colonial inherited civil procedural law on access to justice and to analyze the political direction of civil procedure reform in both countries, particularly related to digitalization and integration of customary law in the modern legal system. Methods of the Research: This research uses normative legal research methods with a comparative approach, a statute approach, and a conceptual approach. Secondary legal materials are analyzed qualitatively to compare policy developments in Indonesia and South Africa. Results Main Findings of the Research: The findings show that Indonesia is still stuck in the HIR/RBg formalism that limits procedural protection, despite modernization efforts through e-Court. In contrast, South Africa has integrated the right of access to justice into the constitution, but faces obstacles on litigation costs. The legal politics of the two countries are now leading to unification and digitalization to overcome access inequality.

Page 9 of 9 | Total Record : 82

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