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Comparative Analysis of Citizen Complaints and Public Authority Interaction: A Study of the EU
Full text linkCompliance with human and civil rights is a key task of governments. An effective institution for citizens’ appeals, particularly through complaints, enables interaction with public authorities to restore rights that have been violated. The study aims to compare and analyse administrative and legal aspects of the institution of citizens’ appeals in European Union countries, Ukraine, and the Republic of Kazakhstan. Methods such as formal legal analysis, comparative legal analysis, statistical observation, and content analysis were employed. The results indicate that the legal frameworks of all examined jurisdictions provide citizens with the constitutional right to submit complaints to state authorities, although only a few explicitly define the term “complaint.” A comparative analysis demonstrates that the decentralization of the Commissioner’s institution in Kazakhstan enhances accessibility, improves monitoring of human rights protection, and strengthens citizens’ trust in public authorities. The findings underline that well-structured complaint mechanisms and decentralised ombudsman systems contribute to more transparent, responsive, and citizen-oriented governance
Land Law Conceptualization: Realizing an Effective Dispute Resolution Model in Indonesia
Full text linkLand dispute resolution in Indonesia is often complex due to procedural inefficiencies and overlapping jurisdictions. Currently, the National Land agency (BPN) functions as a mediator, providing clarifications to the included parties. Dispute resolution by the parties in litigation results in unresolved disputes, resulting in a backlog of cases in court. Therefore, this research aims to re-evaluate the role of the BPN as a mediator and to propose a conceptual framework for an effective resolution model for land disputes. This research uses a juridical-normative process of finding a legal rule to answer the legal issue being researched. The results show that BPN mediation efforts have not sufficiently addressed land disputes due to the non-binding nature. The role of the BPN should be enhanced as an arbitration body under the regulations governing Arbitration and Alternative Dispute Resolution. By serving as arbitrator, the Land Agency can render final and binding decisions without the necessity of undergoing the stages of appeal, cassation, or judicial review, particularly in civil and administrative disputes. Furthermore, this research advocates for the revision of the Notarial Sale and Purchase Agreement to incorporate arbitration provisions and recommends establishing specialized land courts, drawing lessons from existing models in Australia and South Africa
The Disparities in Punishment for Narcotic Addiction: Does it Reflect the Value of Justice?
Full text linkSentencing disparity in narcotics abuse cases reflects an ongoing legal issue concerning the principle of justice in Indonesia. This research aims to analyze the root causes of such disparities and explore ideal law enforcement approaches for narcotics addicts, grounded in the value of justice. Employing a doctrinal legal research method, this study focuses on statutory interpretation, particularly Articles 111, 112, and 127 of Law No. 35 of 2009 on Narcotics. These provisions lack clear normative boundaries, creating interpretative ambiguity among law enforcement officials. The absence of technical guidelines distinguishing narcotics users from dealers contributes significantly to unequal sentencing. Consequently, addicts with minimal evidence may face charges under severe articles, leading to legal uncertainty, injustice, and diminishing public trust in the criminal justice system. The novelty of this study lies in proposing the integration of international best practices within Indonesia’s legal framework to prioritize humanity, legal certainty, and fairness. The study concludes that regulatory reconstruction is necessary through the substantive revision of Articles 111, 112, and 127, to eliminate multi-interpretation and establish clear classifications of narcotics offenders, thus improving both the enforcement of narcotics law and the credibility of the criminal justice system
Crypto Mining as a Threat to Energy and the Environment from the Perspective of Criminal Law Reform
Full text linkThe rapid growth of cryptocurrency mining has led to significant environmental and energy concerns worldwide. Bitcoin mining alone consumes more than 170 TWh of electricity annually, equivalent to the energy consumption of countries like Poland or Malaysia, and generates nearly 98 million tons of CO₂ emissions. These impacts have prompted stringent global responses, such as China’s nationwide ban on cryptocurrency mining in 2021 and the European Union’s requirement for environmental disclosures from cryptocurrency service providers. In Indonesia, however, regulations remain unclear and fragmented. Current environmental and criminal laws do not yet explicitly address the ecological harm caused by cryptocurrency mining, including high electricity consumption, electronic waste, and unauthorized power connections. As a result, many mining activities operate in a legal vacuum without accountability. This study identifies these legal gaps and proposes reforms combining preventive regulation, corporate criminal liability, environmental transparency, and community-oriented sanctions to strengthen ecological justice and constitutional environmental protection
Beyond Administrative Sanctions: Reforming Insider Trading Regulation to Strengthen Investor Protection in Indonesia
Full text linkInsider trading in Indonesia continues to expose structural weaknesses in capital market regulation, even after the enactment of the Strengthening Financial Sector (SFS) Law in 2023. Although the law expands the Financial Services Authority’s (FSA) supervisory powers, it fails to address core gaps that undermine legal certainty and investor protection. This study explores two main questions: (1) whether victims of insider trading are genuinely protected under the current framework, and (2) what doctrinal and institutional reforms are needed to build a more effective system. Using a normative legal research method, the study finds that the adoption of the una via principle has not strengthened enforcement. Most insider trading cases are still resolved through administrative sanctions, offering limited deterrence. Furthermore, inconsistencies between the SFS Law and Article 102 of the Capital Market Law perpetuate fragmented enforcement among regulators, prosecutors, and courts. This study contributes by integrating constitutional principles, legal theory, and comparative perspectives to show why Indonesia’s insider trading regime remains incomplete. The PT Perusahaan Gas Negara (PGN) case illustrates how delayed disclosure and a narrow definition of “insider” undermine market trust, highlighting the need for both procedural and substantive reforms
From Retribution to Restoration: Human Rights-Based Legal Protection for Women Victims of Sexual Violence
Full text linkThis study examines the protection of women victims of sexual violence through a human rights-based lens, stressing the urgency of shifting from retribution to restoration. Sexual violence threatens physical security and constitutes a profound violation of dignity and human rights, with longterm psychological, social, and economic consequences. Thus, protection should not only punish perpetrators but also restore victims’ dignity and empower them. Utilizing normative legal methods, including statutory, conceptual, and case-based approaches, this research examines both national and international legal frameworks. At the national level, attention is given to Law No. 12 of 2022 on Sexual Violence and Law No. 39 of 1999 on Human Rights, both serving as key foundations for protecting justice and human rights in Indonesia, while internationally, key references include the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Declaration on the Elimination of Violence against Women. Several high-profile Indonesian cases are reviewed to highlight the persistent gap between comprehensive norms and weak enforcement. Findings reveal barriers, including limited awareness among law enforcement, social stigma, and inadequate support services. The study concludes that a restorative, human rights-based legal framework is crucial to ensure victim-centered justice, strengthen recovery, and foster inclusive cultural transformation beyond punitive measures
Optimizing the Role of Information and Communications Technology within the State Administrative Court Environment
Full text linkWith an increasingly complex judicial landscape, Information and Communications Technology (hereinafter referred to as ICT) has become the key factor in improving the efficiency, transparency, and accessibility of the modern justice system. This article explores the crucial role of ICT in changing judicial governance, especially within the State Administrative Court (PTUN). This article also identifies the challenges faced in the implementation of ICT. It initiates efforts to optimize the role of ICT in overcoming technical obstacles and realizing justice in the PTUN environment. The method used was doctrinal legal research using secondary data through statute and analytical approaches. The collected data were analyzed in a descriptive, prescriptive, and qualitative manner. The results illustrated that ICT significantly improved the performance, transparency, efficiency, and accessibility of the state administrative court's judicial system. Optimizing and expanding the reach of ICT utilization, especially in overcoming obstacles to executing PTUN decisions that have permanent legal force (inkracht van bewijsde), is an essential challenge and need for PTUN that continues to adapt to technological developments to ensure the continuity of judicial transformation, especially within the PTUN
Institutional Integrity and Challenges in the Indonesian Constitutional Court Institution
Full text linkThe Constitutional Court of Indonesia of Indonesia is crucial in upholding legislative legitimacy and protecting constitutional rights. However, concerns over its integrity have arisen due to political interference, corruption, and ethical violations. This study aims to assess the integrity of The Constitutional Court of Indonesia, identify challenges it faces, and propose solutions to strengthen its credibility. Using a doctrinal legal research method, this study applies a legislative approach to analyze statutory regulations, a conceptual approach to explore institutional integrity principles, and a case approach to evaluate judicial decisions. Data collection is conducted through literature reviews and document analysis, with qualitative methods used for interpretation. The findings reveal a decline in public trust due to judicial corruption, controversial rulings, and undue political influence in judge appointments. The media and public surveys further reflect this erosion of confidence. To restore integrity, it is necessary to reinforce the legal framework, establish strict oversight mechanisms, enforce ethical standards with firm sanctions, and ensure transparency in the judicial selection process. These measures are crucial for maintaining the credibility of The Constitutional Court of Indonesi
Constitutional Judges: What Powers Does the House of Representatives Have?
Full text linkThe House of Representatives did not extend the term of constitutional judge Aswanto on September 29, 2022, because Aswanto regularly nullified laws that they passed. This action was taken against the Indonesian legal system with the House of Representatives' authority to remove constitutional judges' and constitutional judges' independence. Accordingly, this paper will employ normative research approaches to assess the House of Representatives' influence over Constitutional Judges. The findings revealed that the Supreme Court, the President, and the House of Representatives proposed the constitutional judges. Each proposed institution is given the ability to nominate and choose constitutional judges. Meanwhile, the dismissal of constitutional judges is governed by Article 24C paragraph (6) of the 1945 Indonesian Constitution. Dismissal of constitutional judges is determined by Presidential decree at the request of the chief of the constitutional court. As a result, the House of Representatives’ decision to dismiss constitutional judge Aswanto violates the Indonesian Constitution
Investigation Methods of Combating Smuggling and Suspicious Trade Through Transport Routes: Ukrainian Case
Full text linkSmuggling poses a threat both to individuals and to national security. The problem of smuggling is complicated by the constant transformation of criminal schemes, thereby urging the search for appropriate investigation methods of this offense. The aim of the research is to improve the methods of investigation of smuggling through the integration of legislative, international, human, and technical resources. The research employed a doctrinal approach, a statistical method, and a descriptive method. As a result of the research, the Ukrainian legislation on combating smuggling was analysed in the context of European integration. It is noted that the criminalization of smuggling of goods is a welcome innovation, but the legislative framework needs further improvement. The legal basis of Ukraine's international cooperation in the investigation and countering of smuggling has been disclosed. The priority forms of cooperation were determined and directions for further improvement were revealed using the experience of several international initiatives. The value of human capital in combination with the latest technologies in the process of investigating crimes related to smuggling is noted. The obtained conclusions can be useful for regulatory bodies in the context of developing anti-smuggling policies based on identified priority areas