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All Journal Lentera Hukum Jurnal Hukum Novelty Jurnal Ilmiah Hukum LEGALITY Jurnal HAM Lex Scientia Law Review Jurnal Leverage, Engagement, Empowerment of Community (LeECOM) Law Research Review Quarterly Jurnal Penegakan Hukum dan Keadilan SUPREMASI Jurnal Hukum Audito Comparative Law Journal (ACLJ) Mazahib: Jurnal Pemikiran Hukum Islam ACADEMOS Jurnal Hukum dan Tatanan Sosial The Journal Of Socio Legal and Islam Law Indonesian Journal of Advocacy and Legal Services
Prakasa, Satria Unggul Wicaksana
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS HISTORICAL TRADITIONAL FISHING RIGHT PADA ZONA EKONOMI EKSKLUSIF (ZEE) INDONESIA Prakasa, Satria Unggul Wicaksana; Purwo, Al-Qodar
Legality : Jurnal Ilmiah Hukum Vol 27, No 1 (2019): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (507.288 KB) | DOI: 10.22219/jihl.v27i1.8960

Abstract

Indonesian people are shocked by the case of the Chinese Fisheries (KM) with the name KM Kway Fey 10078 which is categorized as a Foreign Fish Boat (KIA) fishing around the Natuna Islands waters which are the territorial waters of the Indonesian EEZ. The concept of historical traditional fishing ground towards waters in the Natuna sea region which in fact is still an Indonesian EEZ area needs to be further analyzed. The formulation of the problem in legal research are: (1). Theoretical and regulatory regarding Historical Traditonal Fishing Ground based on UNCLOS 1982. (2). The provisions of IUU Fishing are based on UNCLOS 1982 and Indonesian legislation is applied in the case of Historical Traditonal Fishing Ground which catches fish in Indonesian (EEZ) waters. Legal research methods are used with statute approaches and conceptual approaches. The results of this research are (1). If without a bilateral agreement, it is in accordance with the UNCLOS 1982 Historical Traditions of Fishing Ground is categorized as one of the IUU Fishing and violations of jurisdiction and territorial integrity of Indonesia, where Indonesian legal authorities have the right to take action on every fisherman who claims to have traditional fishing rights in accordance with Indonesian legal mechanisms. (2). Needs support from countries to implement policies, programs, and practices from these countries to make this rule implementable, so that there is an impact of remedy for countries that are considered to do IUU Fishing under the pretext of using historical traditional fishing right, then fish commodities arrested was prohibited from being traded on the international market, because the commodity was captured from a process of violation of international marine law and violation of jurisdiction and sovereignty of the State.
Juridical Review of Illegal Fishing in Indonesia as Transnational Crime Supriyono, Supriyono; Prakasa, Satria Unggul Wicaksana
Law Research Review Quarterly Vol 7 No 2 (2021): L. Research Rev. Q. (May 2021) "Dimensions of Legal Certainty in Transnational an
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v7i2.45056

Abstract

Indonesia is an archipelagic state which has a sea area wider than its land area. Where the sea area stores abundant fish resources. This triggers the desire of foreign countries to take part in an illegal way, namely illegal fishing. The theft of fish in Indonesian seas by ships with foreign flags has violated the sovereignty and is detrimental to Indonesia economically, socially, and ecologically. The Ministry of Maritime Affairs and Fisheries noted that illegal fishing has resulted in state losses of up to the US $ 24-30 billion per year. Illegal fishing is a fishery crime and is a form of transnational crime because its elements involve more than one country, namely planning, preparation, and the consequences of this crime, involving more than one country. So that the practice of illegal fishing must be prevented and eradicated as soon as possible because the natural wealth in the sea must be protected for the maximum benefit of the people. Illegal fishing regulations are contained in national law and international conventions
Legal Protection for Students as Whistleblowers of Corruption Cases in Universities Prakasa, Satria Unggul Wicaksana; Rais Alhakim, Eky Karimatur
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 1 (2024): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i1.18785

Abstract

A whistleblower is necessary for corruption cases in universities. by emphasizing previous research that discusses related, legal protection for reporters to eradicate corruption about academic freedom. Then, the weak coordination of law enforcement corruption. And the pattern of corruption in universities shows that corruption can concern all professions, including academics. This study aims to make a real contribution to the efforts of ethics enforcement and anti-corruption in the university environment. Increasing legal protection for students as reporters is expected to create a more supportive and safe environment for those who want to disclose corruption. So, the researchers used socio-legal methods in this study. This study highlights the relationship between law and society to create a more complex answer to the problem raised. The results of this research contain conclusions about the difficulty of the active role of students and what legal protection efforts are obtained in combating corruption in universities. This study offers something : (1) barriers and legal protection efforts to students as whistleblowers in eradicating university corruption; (2) on how to handle corruption cases in universities, especially students as reporters. This study concluded that the government and university leaders must be able to provide legal certainty by protecting students as reporters, and those who reveal corruption need to be strengthened to avoid retaliation or intimidation so that students are safer reporting allegations of corruption without fear of facing repression or other reprisals.
Islam and Maritime Security Cooperation Zone for Combating Terrorism: An Overview of Islamic Legal Thought Prakasa, Satria Unggul Wicaksana; Al-Fatih, Sholahuddin; Bachtiar, Hasnan
Mazahib Vol 22 No 1 (2023): VOLUME 22, ISSUE 1, 2023
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v22i1.6134

Abstract

This article aims to examine the phenomenon of cooperation among Southeast Asian countries in dealing with the case of maritime security and counter-terrorism. The study uses the legal approach covering both international law and Islamic law perspectives. The finding of this article reveals that the implementation of the ASEAN Convention on Counter-Terrorism (ACCT) plays a crucial role in combating terrorism in the context of maritime security. Furthermore, relevant ASEAN member state authorities need follow-up support to enhance cooperation. The supports are important to counter, prevent, and suppress terrorism, terrorist organizations, associations, and networks' plans of the act. Yet, the implementation of ASEAN cooperation has faced the challenging reality of the paradox of maritime sovereignty among states in the region. The problem is likely encouraged by the factor of the internal political dynamics within each state involving the instrumentalization of the issue of national security. Instead of remaining as the problem on the surface, the conceptual initiation of the cooperation forged by religious doctrine such as ta'awun may be considered.
Public Procurement Nexus Social for Mitigate the Corruption: Lesson from Indonesia Prakasa, Satria Unggul Wicaksana; Hariri, Achmad; Haq, Hilman Syahrial; Arafah, Adhy Riadhy; Sahid, Muallimin Mochammad
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.72630

Abstract

This study delves into the vulnerability of Indonesia's National Budget (APBN) to corruption, specifically in the Procurement of Goods and Services, with a particular focus on the potential for misallocation across regions. Building on significant scholarly contributions from both Indonesian and international researchers, the research undertakes a thorough examination of preventive measures against corruption in public procurement. Employing a Participatory Action Research (PAR) approach, the study integrates community solidarity into its corruption prevention model, utilizing a combination of data collection methods such as questionnaires, interviews, and focus group discussions (FGDs). A central topic in the study is the important role of e-procurement in combating corruption, advocating for its transparent and accountable application as a deterrent. To bolster preventive efforts, the research proposes mandatory declarations from tender participants, along with an enhanced auction rebuttal mechanism throughout the various stages of procurement. The preventative framework underscores the significance of civilian, academic, and journalistic supervision to proactively identify corruption and conflicts of interest. Recognizing the nuanced nature of fraud patterns at the provincial level, the study advocates for a region-specific approach to maximize the effectiveness of e-procurement. This regional focus aligns with the study's emphasis on the involvement of relevant agencies operating at the local level. In essence, this research contributes a targeted analysis to complement existing literature, aiming to curb corruption in public procurement through strategic and context-specific preventive measures.
Garuda Indonesia-Rolls Royce Corruption, Transnational Crime, and Eradication Measures Prakasa, Satria Unggul Wicaksana
Lentera Hukum Vol 6 No 3 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i3.14112

Abstract

The appointment of Emirsyah Satar, former President Director of PT Garuda Indonesia, and former Director of PT Mugi Rekso Abadi, Soetikno Soearjo who was the beneficial owner of Connaught International Pte. Ltd. as an intermediary for bribery against the Emirsyah in the alleged bribery case of aircraft and aircraft engine procurement from Airbus SAS and Rolls Royce PLC by PT. Garuda. Cross-border corruption carried out by Rolls-Royce is not only corruption committed by a private entity, but the case is also related to efforts to recognize the concept of Foreign Affairs Bribery as a new type of corruption. This research aims to find out the corruption as a transnational crime committed by multinational corporations and how inter-state cooperative actions can prosecute corruption cases. Legal questions raised are: (1) how can the United Nations Convention Against Corruption mechanism be used in exposing the Garuda Indonesia-Rolls Royce corruption case as a transnational crime, and (2) what legal remedies which can be applied to punish corruption committed between Garuda Indonesia-Rolls Royce? This study argues that, as part of transnational crime, of course, Garuda Indonesia and Rolls-Royce's corruption is an extraordinary crime that is not only detrimental to business practices but also the rule of law in Indonesia and other countries involved. Corruption done by Rolls-Royce, which involved Emirsyah Satar as a former director of Garuda Indonesia, has harmed Indonesia. Thus, Jurisdiction of criminal acts of corruption is needed. It should be under the legal system of corruption eradication in Indonesia. There is a need for interpretation because Indonesia is part of the state which ratified UNCAC through Law No. 7 of 2006. Therefore, recognizing the Foreign Affairs Bribery concept as part of a judge's rechtvinding (finding of law) of the Criminal Court that multinational/transnational corporations comply with and respect the rule of law and eradication of corruption in Indonesia. It includes in making lex specialis (law governing a specific subject matter) related to Foreign Affairs Bribery so that similar cases do not occur in the future for Indonesia. Keywords: Corruption, Transnational Crime, Garuda Indonesia, Rolls-Royce.
PENDIDIKAN ANTI-KORUPSI & SADAR ADMINISTRASI PENDUDUK PENGAWASAN DAN KONTROL TERHADAP PRAKTIK KORUPSI DI KOTA SURABAYA Prakasa, Satria Unggul Wicaksana
Jurnal Leverage, Engagement, Empowerment of Community (LeECOM) Vol. 5 No. 1 (2023): Jurnal Leverage, Engagement, Empowerment of Community (LeECOM)
Publisher : Universitas Ciputra Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37715/leecom.v5i1.3624

Abstract

Masyarakat mitra adalah Warga RT 07, RW 04, Kel. Morokrembangan, Kec. Krembangan, Kota Surabaya. Pengurus RT setempat menghadapi ancaman dan tantangan terhadap praktik korupsi dan nir-akuntabilitas yang terjadi di sekitar mereka, salah satunya terkait dengan praktik pencaloan dan administrasi kependudukan. Program pengabdian kepada masyarakat ini berusaha memberi bekal bagi masyarakat mitra untuk memiliki kemampuan paralegal yang memperkenalkan konteks UU Tindak Pidana Korupsi, UU Administrasi Kependudukan, serta Peraturan Daerah yang membahas terkait administrasi kependudukan serta potensi korupsi dan maladministrasi kebijakan publik lainnya. Program pengabdian kepada masyarakat ini dimaksudkan untuk memahami peran pemberantasan korupsi sebagai entitas masyarakat sipil untuk pola pengawasan praktik maladministrasi kependudukan. Pendekatan yang dilakukan dalam implementasi program paralegal adalah penyusunan kurikulum sesuai kebutuhan masyarakat mitra, analisis dan observasi, pendidikan paralegal, live in/ kegiatan monitoring, dan evaluasi. Luaran dari penelitian ini adalah Jurnal Terakreditasi Sinta-2, artikel pada media massa cetak/elektronik, video kegiatan, dan laporan pengabdian masyarakat. Pelatihan paralegal diharapkan mampu meningkatkan partisipasi masyarakat untuk menjadi pengawal (watchdog) agar pengawasan dan bahkan pelaporan terjadinya korupsi masyarakat di Kota Surabaya semakin meningkat, serta terwujudnya komitmen anti-korupsi berbasis komunitas.
Mitigating The Spread of Radical Ideas Through Counter-Radicalization Based on Local Wisdom Samsul Arifin; Hariri, Achmad; Prakasa, Satria Unggul Wicaksana; Asis, Asis; Hakim, Lukman
Audito Comparative Law Journal (ACLJ) Vol. 5 No. 1 (2024): January 2024
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v5i1.29950

Abstract

Understanding efforts made by the government to counter radicals are limited to three (3) major patterns: national preparedness, deradicalization, and counter-radicalization. However, these efforts have yet to be effective enough. The facts show that more than efforts to fight the spread of radicalism are needed with law enforcement. On the one hand, we can see in some areas, especially those in Pamekasan district, that local wisdom also significantly influences efforts to counteract radicalism. The unwritten rules of living in society have indirectly fortified themselves from radical ideas. On this basis, the problems that will be raised in this study are related to the local wisdom of the Pamekasan Madura community, which is considered capable of resisting the entry of radical ideas; the purpose of this study is to find out that the norms that live in the community have succeeded in counteracting.
Mitigation of Bribery of Pharmacy Companies With Doctors in Review of Indonesian Anti-Corruption Law Dwi Okmalasari, Tias; Prakasa, Satria Unggul Wicaksana
Socio Legal and Islamic Law Vol 2 No 2 (2023): December 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i2.22355

Abstract

At the end 2015 team​ Tempo Magazine was successful reveal exists case bribery committed by one​ company pharmacy that is Interbat against 2,125 doctors (Kompas , 2015). The indicator is the more the height price medicine and services health If We use service doctor (May T, 2017). Bribery the given in form of money and facilities other , Interesting sake Avoid KPK variations bribe No just money, but in form of sponsorship ( Prihartini , et.al, 2020). This is also caused interest financial from company pharmaceutical order for the drug to be produced in demand sold on the market . Apart from status doctor Civil Servant , profession There are also doctors with status as doctor private sector is opening place practice independent ( Fitri Z, 2018). Laws in circulation only status doctor​ Only civil servants can be ensnared​ with the Corruption Law , even though Non- State Servant doctors or doctor private sector can also snared with the Code of Ethics Law profession medicine ( Handayani , 2021). This research answers the questions (1) What is the influence of the form of bribery mitigation carried out by pharmaceutical companies with doctors? (2) How effort law in prevention And enforcement practice bribes to doctors by companies pharmacy in anti- corruption law Indonesia ? In research This writer use method research sociolegal with aspect review of the political economy of law that uses approach interdisciplinary , Research results This reveal that  there is influence giving something to doctor by the company pharmacy to freedom and independence doctor in write recipe drug  to patient as well as form of legal action for the receiving doctor bribe can snared with deed arranged bribes​ in articles 12B and 12C of the law Corruption ( action criminal corruption ) and prevention efforts bribe with ISO 37001:2016. Keywords : Pharmaceutical Companies, Bribery , Doctors
Analysis of China's 9-Dash Line Claim in the South China Sea Under International Law Muhammad Ibrahim Akbar; Prakasa, Satria Unggul Wicaksana
Socio Legal and Islamic Law Vol 2 No 2 (2023): December 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i2.22430

Abstract

The South China Sea area is an area that has a lot of potential. Its very strategic role in various fields such as politics, economics, and security makes it the largest water area with great potential. It contains 266 trillion cubic feet of gas reserves and 7.7 billion barrels of oil reserves. This is the cause of the dispute that occurred in the South China Sea (Luh Gede, et al 2022). There is a clash of diplomacy cultures between ASEAN with the "ASEAN Way" which upholds the principles of non-intervention and consensus and China with direct diplomacy efforts to related countries. (Ali Maksum 2017) The need for a large role from the government to make new, firmer policies to increase the strength of the sovereignty of the Republic of Indonesia. (Atikah, et al 2021) The importance of peace diplomacy efforts at the bilateral, regional level can be focused on efforts to resolve the South China Sea dispute. (Yuli, et al 2021) The need for China to respect the decision of the Permanent Court of Arbitration (PCA) so that it can be resolved in a peaceful manner. (Dessy, et al 2018). This research will focus on (1) What types of violations of state sovereignty committed by China over the South China Sea claims and (2) How dispute resolution efforts can be taken by the South China Sea region countries and the UN according to UNCLOS 1982. This research method adopts quantitative and qualitative research methods from various social sciences and sees legal issues as a social event. The results in this study show that the dispute over the South China Sea region between China and the country sliced by the Nine Dash Line map still does not show a bright spot and the existing disputes will continue to recur and develop over time due to differences in principles between the parties to the dispute. On the one hand, China sticks to historical theory, while other countries that are sliced also use historical theory which is also accompanied by the determination of territorial boundaries contained in UNCLOS 1982. In this case, good faith between countries is needed by making mediation efforts in order to reach a peaceful agreement. However, if this is still deemed unable to resolve the existing dispute, then another step that can be used is through the decision of the International Court of Justice (ICJ).
Co-Authors Adhy Riadhy Arafah Al Qodar Purwo Sulistyo Aprilianti, Rindi Asis, Asis Dwi Okmalasari, Tias Efendi, Ahmad Bahrul Febriyani, Emiliya Firmansyah, Fikri Iman Haq, Hilman Syahrial Hasnan Bachtiar Lukman Hakim Muhammad Ibrahim Akbar Rais Alhakim, Eky Karimatur Sahid, Muallimin Mochammad Samsul Arifin samsul arifin Sholahuddin Al-Fatih Silviani, Ninne Zahara Situmeang, Ampuan Supriyono Supriyono Tan, David Wiratraman, Herlambang Perdana