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Mohammad Waes Alqorni

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The death of a Madrasah Tsanawiyah (MTs) student allegedly linked to police action raises significant legal issues concerning the limits of the use of force and the construction of criminal liability. This study aims to reformulate the elements of assault resulting in death by integrating the objective element (actus reus) and the subjective element (mens rea) within the framework of the doctrines of dolus and culpa. It also seeks to develop a model of criminal liability analysis that is more transparent, accountable, and oriented toward the protection of a child’s right to life. This research employs a normative juridical method using statutory, conceptual, and case approaches, supported by a literature review of legislation, court decisions, and criminal law scholarship. Data are analyzed qualitatively through grammatical, systematic, and teleological interpretation. The findings indicate that proving the act and the resulting death alone is insufficient without clearly establishing the form of fault. The distinction between dolus eventualis and culpa lata constitutes a decisive factor in determining the classification of the offense and the degree of criminal liability. Ambiguity in identifying the spectrum of fault may lead to sentencing disparities and weaken the principle of geen straf zonder schuld (no punishment without fault). Therefore, this study proposes a reconstruction of the elements of the offense that places proof of mens rea at the center of assessing police accountability while ensuring the protection of the child’s right to life.

Cipto Hardoyo; Yasmirah Mandasari Saragih; Biner Sihotang

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The enforcement of election criminal law plays a crucial role in safeguarding democratic integrity and upholding the principle of popular sovereignty. Law Number 7 of 2017 establishes the Integrated Law Enforcement Center (Sentra Gakkumdu) as a coordinated mechanism involving the Election Supervisory Body, the Police, and the Prosecution Service in addressing election crimes. However, in practice, the Gakkumdu system has not fully ensured a balanced realization of legal certainty, substantive justice, and legal utility. This study aims to analyze the problems of election criminal law enforcement within the Gakkumdu system, examine the relevance of the Restorative Justice approach in election law, and formulate a reconstruction of election criminal law enforcement based on this approach. This research employs normative legal research using statutory, conceptual, legal philosophy, and legal policy approaches. The findings indicate that the weaknesses in election criminal law enforcement arise from institutional fragmentation, normative ambiguity, and a legal culture dominated by legalistic and sectoral perspectives. The Restorative Justice approach is considered relevant as it prioritizes substantive justice and the restoration of democratic values. Therefore, reconstructing election criminal law enforcement based on Restorative Justice is essential to strengthening democratic legitimacy and public trust in elections in Indonesia.

Hendri Suwarsono

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Demonstrations demanding the dissolution of the House of Representatives by 2025 highlight a crisis of public trust and serve as a key moment in Indonesia's political landscape. These protests have not only symbolic significance but also lead to elite repositioning, the temporary dismissal of several members, and the cessation of policy that increased benefits. This study examines how the crisis has prompted political institutional reconstruction and the role of civil society in influencing change. A descriptive qualitative approach was used, including literature studies, analysis of academic literature, official documents, and media reports. The findings indicate that actions by the House of Representatives, such as the rotation of Commission III leadership, member deactivation, and rejection of benefit increases, were primarily reactive to public pressure. The discussion reveals that while these actions reduce crisis escalation, they are cosmetic and do not address structural issues like legislative accountability and budget transparency. In conclusion, the 2025 protests provide an opportunity for civil society to engage politically outside elections, but the institutional changes made are short-term. Fundamental reform can only occur if civil movements remain consistent and if political parties and the government commit to reform.

I Gde Sandy Satria

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The application of a uniform pattern in center-periphery relations is frequently entrapped in a rigidity of uniformity that neglects the sociological and historical complexities of Indonesian society. This study aims to analyze the juridical construction of asymmetric decentralization within the framework of the Pancasila Rule of Law, as well as its implications for the management of diversity and national integration. Employing a normative legal research method with conceptual and statutory approaches, this study reveals that asymmetric decentralization is not merely an administrative deviation, but rather an imperative manifestation of substantive justice and the politics of recognition towards regional particularities. Although this policy has been effective in mitigating disintegration potential in special regions such as Aceh and Papua, its implementation leaves residual issues regarding sharp disparities in authority, potential legal fragmentation, and inter-regional jealousy. This study concludes that the sustainability of special autonomy necessitates a governance reconstruction that is not solely oriented towards temporary political accommodation, but must be coherently integrated with Pancasila values. The theoretical implications of this study underscore the necessity for harmonization between national legal supremacy and the flexibility of regional autonomy to foster sustainable social cohesion within the Unitary State of the Republic of Indonesia.

Jimmi Pasla; Muhammad Adnan Azzaki

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Abstract, This research was conducted with the aim of exploring the legal reconstruction efforts based on the Maqasid al-Shari’ah perspective, as reflected in the decision issued by the Supreme Court, in order to provide a legal breakthrough in the distribution of inheritance through the concept of wasiat wajibah (compulsory will) for non-Muslim heirs. The difference in religious affiliation within family law gives rise to serious inheritance issues, as Islamic law strictly prohibits inheritance between people of different religions. In order to maintain national unity and integrity, the Supreme Court issued Decision Number 331 K/AG/2018, which grants the right to a wasiat wajibah to heirs who have converted out of Islam or are non-Muslims. This study is a normative juridical research that employs two legal approaches: the conceptual approach and the analytical approach. The data collection technique used to achieve the research objectives is library-based documentation study. The findings show that all judicial bodies in Indonesia must refer to Article 49, Articles 1 and 2 of the 1989 Law concerning legal provisions on litigation, management, and enforcement of civil litigation in inheritance cases. Furthermore, Qur’an Surah An-Nisa verse 141 and Hadiths from Al-Bukhari and Muslim explain that Islamic identity must be a determining factor for heirs, disregarding wills that are not valid under Islamic law. Based on the results, it can be concluded that a wasiat wajibah for apostate or non-Muslim heirs is treated not as an inheritance, but as a special bequest. According to the Maqasid al-Shari’ah, which serves as the foundation for achieving the objectives of Islamic law through its five core principles of protection, the concept of wasiat wajibah for non-Muslim heirs plays a crucial role in: preserving religion by fostering interfaith tolerance; preserving life by preventing familial conflict; preserving intellect by ensuring access to education for non-Muslim descendants; preserving lineage by recognizing the rights of children as biological heirs through inheritance; and preserving wealth by ensuring the rightful and responsible transfer of ownership of the deceased’s estate.    

Desinta Desinta; Parlaungan Gabriel Siahaan; Brent Hizkia Padang; Dinda Amalia Nasution; Rachel Meilisa Pakpahan +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The concept of ‘abandoned land’ in the Basic Agrarian Law (UUPA) No. 5 of 1960 faces interpretation challenges that impact the effectiveness of the management of unproductive Cultivation Rights (HGU). This research aims to analyse the reconstruction of the concept of abandoned land in UUPA and its implications for the management of unproductive HGU to support the optimisation of agricultural land use. This research is conducted through normative juridical with qualitative descriptive analysis of laws and regulations, court decisions, and related literature. The research findings show that the concept of abandoned land in the UUPA is still multi-interpretive, especially regarding the criteria of ‘not being cultivated according to the circumstances or nature and purpose of the right’. This has led to inconsistencies in the application of sanctions against HGU holders who leave their land unproductive. Concept reconstruction is needed by clarifying the objective parameters of productivity, the period of neglect, and law enforcement mechanisms. The implications of this research indicate the need for regulatory revisions to strengthen legal certainty in HGU management, as well as the development of more effective policy instruments to prevent abandonment of agricultural land to support national food security and social justice in agrarian reform.

Amri Saputra; Lutfiah Holifa Balkis; M Nuzulul Ulum; Winda Islamitha Nurhamidah; Ahmad Arifi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This article discusses the integration of social sciences and humanities in Islamic studies as an epistemological reconstruction effort to restore the unity between revelation, reason, and social reality. The research approach used is qualitative with a library research design through critical analysis of academic literature from various sources, including journals indexed by Scopus and Google Scholar. The results of the study indicate that the integration of social sciences and humanities broadens the orientation of Islamic studies from a normative-theological perspective to a more contextual and transformative multidisciplinary analysis. The social sciences serve as analytical instruments for socio-religious phenomena, while the humanities provide a reflective, ethical, and philosophical foundation that enriches understanding of Islamic teachings. The implementation of this paradigm is evident in the concept of "integration-interconnection" at UIN Indonesia and "Islamic revealed knowledge" at IIUM Malaysia, which have successfully developed an ethical and rational scientific tradition without abandoning the values ​​of monotheism. Despite facing epistemological and cultural challenges, scientific integration remains a crucial foundation for the development of an inclusive, humanistic, and humane civilization.