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Raharjo, Budi; Putra, Rengga Kusuma; Kossay, Methodius

Hakim: Jurnal Ilmu Hukum dan Sosial 2025 Fakultas Hukum, Universitas Sains dan Teknologi Komputer

The supervision and enforcement of the advocate code of ethics in Indonesia continue to face various challenges, impacting the effectiveness of the existing regulatory framework. The number of ethical violations committed by advocates has been increasing, from 120 cases in 2018 to 345 cases in 2023, with the most prevalent infractions including conflicts of interest, abuse of authority, and gratification. One of the primary factors contributing to the weak enforcement of the code of ethics is the limited oversight system, which remains confined to advocate organizations without the involvement of independent institutions. This study aims to analyze the effectiveness of the advocate supervision system in Indonesia, compare it with best practices in other countries, and identify measures that can be implemented to enhance accountability and transparency within the profession. The research employs a normative legal method with a comparative law approach and empirical studies. The analysis is conducted on existing regulations, case reports on violations, and interviews with key stakeholders, including advocates, clients, and legal observers. The findings reveal that only 40% of reported violations result in strict sanctions, while merely 10% of advocates found guilty of ethical misconduct face license revocation. Additionally, a survey of 500 respondents indicates that only 35% of the public is aware of the complaint procedures against advocates who breach ethical standards, highlighting the low level of transparency in the supervision system. This study contributes to the discourse by recommending the establishment of an independent institution to oversee advocates' compliance with ethical standards, as well as the increased utilization of digital technology in the supervision system. With more transparent and accountable oversight reforms, it is expected that ethical violations within the legal profession can be minimized, thereby strengthening public trust in Indonesia’s legal system

Kossay, Methodius; Putra, Rengga Kusuma; Salwa, Athiyah

Hakim: Jurnal Ilmu Hukum dan Sosial 2024 Fakultas Hukum, Universitas Sains dan Teknologi Komputer

Protected forests play a crucial role in preserving biodiversity and mitigating climate change. However, these areas face increasing threats from illegal activities, such as logging and land encroachment, which compromise environmental stability and result in significant economic losses. This study evaluates the implementation of criminal law in addressing environmental crimes within Indonesia's protected forest areas, focusing on the effectiveness and challenges encountered in enforcement. A qualitative ethnographic approach was employed, involving direct observation, in-depth interviews, and focus group discussions (FGDs) with local communities, law enforcement officials, and other stakeholders. The findings reveal that the effectiveness of law enforcement is hindered by several key factors: economic dependency on illegal activities, limited capacity and resources of law enforcement agencies, and external pressures from vested interests. Additionally, the lack of public awareness and inconsistent legal implementation exacerbate these challenges. Despite existing regulations, enforcement remains insufficient to deter environmental crimes or provide lasting protection for critical ecosystems. This study contributes to the understanding of the socio-economic and cultural dynamics that influence the effectiveness of environmental law enforcement. It underscores the need for a holistic strategy that integrates legal, economic, and community-based approaches. Recommendations include strengthening the capacity of law enforcement agencies, fostering public awareness through educational programs, and involving local communities and traditional leaders in collaborative conservation efforts. By addressing these gaps, the research provides actionable insights to enhance the preservation of protected forests in Indonesia and supports the development of more sustainable and inclusive environmental policies

Tobing, Rudyanti Dorotea; Nugraha, Satriya; Putra, Rengga Kusuma

DINAMIKA HUKUM 2024 Universitas Stikubank

Article 468 paragraph (3) of the Election Law mandates that Bawaslu and its regional offices carry out the Settlement of Election Process Disputes (PSPP) through mediation or deliberation and consensus. This mediation is not optional but obligatory, aiming to reach an amicable agreement between the disputing parties. This process reflects Indonesia's local wisdom in resolving disputes peacefully through deliberation. Mediation or deliberation embodies Indonesia’s local wisdom in peacefully resolving disputes, providing psychological and political peace of mind for the parties involved through a win-win solution approach. In PSPP, mediation is prioritized to achieve a fair agreement for all disputing parties. The method used is normative juridical and employs descriptive analysis. In the 2024 elections, the number of PSPP applications decreased significantly, but the quality of dispute resolution through mediation improved. According to Bawaslu RI data as of March 25, 2024, 64.46% of disputes at the stage of determining the Provisional Candidate List (DCS) and the Final Candidate List (DCT) were resolved through mediation, 83.87% at the stage of changes to the DCT, and 97.34% for the Settlement of Disputes between Election Participants (PSAP). For the verification and determination of political parties, 16.67% were resolved through mediation. This success was supported by mediator training, the enhancement of election supervisors’ capacities, as well as representative technical guidelines from Bawaslu RI, along with the strong commitment of all election supervisors.