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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.

Oni Haru Halamat; Dedy R. Ch. Manafe; Sigit Prabowo Soinbait

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

The Indonesian National Army as a member of the Indonesian National Guard is at the forefront of Indonesia in the eyes of the public as an example and role model in discipline, ethics, and compliance with the law. However, in the reality of daily life, there are still TNI soldiers who commit traffic violations, such as driving a vehicle without having a Driver's License (SIM). This research includes empirical juridical research, or called field research, which examines the applicable legal provisions and compares them with the reality that occurs in society. The research method used was in the form of interviews with five relevant sources, then the data was analyzed descriptive-qualitatively to provide a comprehensive understanding. The results of the study showed that (1) law enforcement against TNI soldiers who committed traffic violations without a driver's license was checked according to the procedure of the rapid inspection event; no long inspection minutes are required, it is enough to use the minutes of traffic violations and road transportation or tickets from the military police; (2) Sanctions applied for minor traffic violations in the form of administrative disciplinary sanctions, including criminal prosecution of fines paid to military authorities and deposited into the state treasury. This reflects the balance between legal compliance and internal discipline of the TNI, as well as efforts to develop soldiers so that they remain an example for the community.

Sudjai Sudjai; Didit Darmawan; Muhammad Zufar Afifudin; Gusti Ananda Syalum Saputra; Triyono Meidi Rahman +1 more

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

The concept of force majeure is essential in business agreements in Indonesia, as it regulates the release of contractual obligations that cannot be fulfilled due to events beyond their control such as natural disasters, pandemics, conflicts, or government policies. This study examines force majeure clauses in business agreements in Indonesia from a normative juridical perspective, focusing on the legal framework, its application practices, and its legal implications for contractual certainty. Using normative juridical qualitative methods, data were analyzed from the Civil Code (KUHPerdata) Articles 1244–1245 and 1444–1445, legal doctrine, and literature. The results of the study underlined that the force majeure clause has a strong legal basis in the Civil Code, which exempts the affected party from the obligation of compensation if the failure to perform the obligation is caused by events beyond his control. The application of this clause in the contract allows for the revision, postponement, or termination of a temporary contract, thereby guaranteeing legal certainty and protecting the principles of good faith and contractual fairness. In addition, the formulation of detailed clauses in the contract is crucial to prevent potential legal disputes down the road and ensure fair protection for all parties involved in the business agreement.

Muhammad Randy Pratama Lubis; Mutia Permata Putri; Insan Tajali Nur

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

For the general public, Indonesia’s five-year electoral cycle is often perceived merely as a procedural voting event, overlooking the substance and quality of how voters select presidential or regional leaders. Following the 2024 General Election, the challenges of democracy have shifted from technical management to the prevention of polarization, money politics, digital disinformation, identity politics, and echo chambers. This article analyzes the urgency of implementing sustainable voter education during the inter-election period, using the General Election Commission (KPU) of Balikpapan City as a case study. The study focuses on KPU Balikpapan’s strategies to transform pragmatic voters, who are susceptible to manipulation, into informed participants, while also addressing the vulnerabilities of first-time voters ahead of the 2029 Election to increase participation rates. The analysis indicates that political education during the non-election period is a critical moment to build the cognitive foundation of voters without compromising their independent choice, making the role of KPU Balikpapan essential in maintaining democratic integrity in the city.

Kadek Dhyan Wahyuni; I Wayan Landrawan; Ni Ketut Sari Adnyani

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

This study examines the implementation of the Manak Salah tradition in Padang Bulia Customary Village from the perspectives of legal certainty and human rights protection. Manak Salah is a customary practice associated with the birth of opposite-sex twins, which in Balinese Hindu cosmology is considered a sacred event that may disrupt the balance between the sekala and niskala realms, thereby requiring purification rituals. Although the contemporary practice of this tradition has become more humane and no longer involves social exclusion, its regulation remains unwritten and has not been formally codified in the village’s Awig-awig (customary law). This condition creates the risk of multiple interpretations, legal uncertainty, and insufficient protection of the rights of children and affected families. This research employs an empirical juridical method with a qualitative approach, using interviews with customary leaders, field observations, and document analysis of statutory regulations and customary legal sources. The findings reveal that the absence of written norms causes the implementation of Manak Salah to rely heavily on the discretion of customary authorities, leading to potential inconsistency and normative vulnerability. This study emphasizes the urgency of codifying the Manak Salah tradition into the Awig-awig as a form of customary law reform aimed at ensuring legal certainty, strengthening institutional accountability within customary villages, and harmonizing customary law with Bali Provincial Regulation No. 4 of 2019 and fundamental human rights principles.

Risky Risky; Isnina Isnina; Tengku Erwinsyahbana

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

Marriage is a physical and emotional bond between a man and a woman recognized by law and religion. In practice, issues often arise regarding the status of joint property acquired during marriage, especially in the event of divorce. To anticipate such disputes, a prenuptial agreement serves as a legal instrument that provides certainty and legal protection for both husband and wife in managing and dividing joint assets, either during the marriage or after divorce. This study aims to analyze the urgency of drafting a prenuptial agreement, identify the legal aspects that need to be included in the deed, and examine its juridical implications. This research employs a normative legal method with a conceptual and statutory approach, using descriptive-analytical techniques, secondary data sources, and qualitative analysis. The findings indicate that a prenuptial agreement has significant urgency in protecting the rights of both spouses in case of divorce. Furthermore, it holds binding legal force and creates juridical implications by clarifying the separation between personal and joint property, thereby ensuring legal certainty for both parties.  

Kusmianti Indah Sari; Felicitas Sri Marniati; Sirajuddin Sailellah

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

Legal problems in the land inheritance process often arise when inherited land has been registered in the name of another party. This study aims to examine the procedure for registering inherited land that has been issued a Certificate of Ownership (SHM) on behalf of other parties, as well as the form of legal protection for heirs. The research uses a normative juridical approach with a literature study method based on primary, secondary, and tertiary legal materials. The approaches used include legislative, conceptual, analytical, and case approaches. The analysis of legal materials is carried out through grammatical, systematic interpretation, analogous construction, and legal refinement construction. The results of the study show that the registration of inherited land must be carried out by the entitled heirs, especially for land that has not been certified. Registration is carried out sporadically as a form of registration for the first time. Legal protection for heirs is obtained preventively through the land registration process, and repressively in the event of arbitrary actions from other parties or government agencies. This research emphasizes the importance of legal certainty in the process of registering inherited land and the protection of the rights of heirs so that they are not harmed by the existence of other parties' certificates. This effort is part of the fair and transparent enforcement of agrarian law in Indonesia.

Firman Hidayat; Wahyu Widodo; Endayani Endayani

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

This research aims to analyze the Regional Government's strategy in developing the Tanjung Lesung Tourism Area and identify obstacles and efforts to improve the community's economy. As a Special Economic Zone (SEZ) and a national priority tourism destination, Tanjung Lesung has great potential in encouraging local growth, but its development still faces challenges. The research uses a descriptive qualitative method through interviews, observations, and documentation studies with informants from the Tourism Office, SEZ managers, MSME actors, and Pokdarwis. The analysis refers to the theory of Suryadana's tourism development strategy, including attractions, accessibility, amenities, and institutions. The results of the study show that the government's strategy focuses on the development of attractions through the involvement of MSMEs and cultural preservation, as well as improving facilities with training and community assistance. This strategy has a positive impact on increasing income and job creation. However, there are obstacles in the form of limited regional authority in SEZ management, lack of optimal accessibility and infrastructure, weak collaboration between stakeholders, low capacity of local human resources, and inconsistent promotion. The government's efforts include increasing human resource capacity, facilitating MSMEs in events, and cross-sector coordination. In conclusion, the Tanjung Lesung tourism development strategy has contributed to economic empowerment, but it is not optimal, so stronger synergy is needed between the government, the private sector, and the community to realize sustainable tourism.

Wayan Agus Kertiyasa; I Made Mulyawan Subawa; Ida I Dewa Ayu Dwiyanti

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

Indonesia is a country that highly upholds the law, this is stated in the 1945 Constitution of the Republic of Indonesia. In line with these provisions, one of the important principles of a state based on law is the guarantee of equality for everyone faced with the law. The emergence of legal disputes related to land begins with objections related to claims for land rights, both regarding land status, priority and ownership, with the hope of obtaining administrative resolution in accordance with applicable provisions. The problem raised in this study is about court decision no. 148 / pdt.g / 2024 / pn in Tabanan. This study uses an empirical legal research method, namely research with field data as the main data source, such as interview results and observations. In addition, this research is also supported by normative data sourced from books and legislative studies. The purpose of this study is In general, this report aims to provide an overview of the settlement of criminal acts of court decisions in Tabanan. Based on the formulation of the problem How is the Implementation of Decision No.148/Pdt.G/2024/PN.Tab Regarding the Validity of Land Ownership Certificates, What legal remedies can be taken by legitimate heirs in the event of cancellation of the transfer of land ownership certificates. The results of the research conducted. It is known that the lack of concreteness of the Tabanan District Court's decision so that the settlement of civil cases is still ongoing, in process or ongoing, so far the parties involved are still trying to find a solution by collecting evidence and witnesses to resolve land disputes in Tabanan, the author concludes that the court has a central role in deciding cases and the author also advises all people before making land purchases and sales to check the completeness of documents, for example certificates.  

Ahmad Affandi; Rina Susanti

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

This study examines the practice of reciprocity within the persatuan barang (goods-sharing) group during the implementation of the rewang tradition in Desa Banglas, Kecamatan Tebing Tinggi, Kabupaten Kepulauan Meranti. The main focus of the research is to identify the various forms of exchange that occur, whether in the form of money, goods, or labor. A narrative qualitative approach was used, with data collected through in-depth interviews, non-participant observation, archival review, and documentation of bookkeeping records. The subjects of this research are members of the persatuan barang group who actively participate in social and cultural events in the village. The findings reveal three types of reciprocity: generalized, balanced, and negative. Generalized reciprocity is evident in voluntary contributions without expecting immediate return, often practiced among close kin or neighbors. Balanced reciprocity is demonstrated through exchanges of equal value with a certain expectation of timely return, particularly during communal events like weddings or funerals. Negative reciprocity, although rare, involves unequal exchanges that may lead to social tensions or perceptions of unfairness. These findings indicate that the persatuan barang group functions not only as an informal economic mechanism but also as a cultural institution that fosters mutual assistance, reinforces social cohesion, and preserves traditional values. The exchange systems operate within an implicit moral economy that prioritizes collective welfare over individual gain. Additionally, the tradition of rewang and the organizational role of persatuan barang highlight the resilience and adaptability of indigenous practices in supporting rural livelihoods amid changing socioeconomic conditions. The study suggests that such local systems of reciprocity play a vital role in sustaining social capital, strengthening community identity, and ensuring social security in the absence of formal welfare structures. Further research is recommended to explore the long-term impact of these practices on community resilience and rural development.  

Aina Mulia Rizky; Parlaungan Gabriel Siahaan; na Diva Ivan De La Pena Ginting; Desi Marlina Sidabutar; Nazwa Clarissa +1 more

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

This study discusses the legal consequences of the absence of a marriage agreement on marital property according to the Indonesian legal system, especially based on the Civil Code and the Marriage Law No. 1 of 1974. By default, the absence of a marriage agreement leads to the enactment of a system of property union, in which all property acquired during the marriage is considered joint property. This condition has various legal implications, such as the vulnerability of personal property to third-party claims, difficulties in proving ownership of inherited property, and potential conflicts in the division of property in the event of divorce or death of one of the spouses. This study also highlights the difference in the regulation in Islamic law that does not recognize the automatic union of property, but still has the potential to cause disputes if there is no written agreement. The research method used is empirical normative with a qualitative approach, examining positive legal provisions and practices that develop in society. The results of the study show that low public understanding and negative stigma towards marriage agreements are the main factors in the low making of these agreements. The Constitutional Court Decision No. 69/PUU-XIII/2015 which allows the making of agreements during the marriage period expands legal protection, but its implementation still faces challenges. This study recommends the need to increase legal education and socialization on the importance of marriage agreements to provide certainty and fair legal protection for the parties in the institution of marriage.    

Sumarni Rusdi

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

This study aims to determine whether or not the fifth Amendment of the 1945 Constitution as the written Constitution of the State of Indonesia which has become a mecca in formulating laws and regulations for more than the last twenty-five years is still able to meet the demands of the dynamics of the current administration or whether radical changes need to be made by changing the main mecca. Along with the current government and a few years ago. The executive and legislative parties even managed to form several legal products that were eventually criticized and rejected by the public. Therefore, it is necessary to limit the power in the field of legislation that must be given to the party whose authority it is. Based on the theory of limiting the President's power, he is the party that executes and implements the law. In Indonesia, the executive is involved in the process of forming legal products. Even the judiciary also acts as a legislator rather than a negative legislator. Efforts to maintain the position of independent commissions and emphasize regional elections so that we do not need to return to the old model. This research will discuss the ideas of change that should be urgent in the current Indonesian constitutional order, and be able to meet the needs of the future. The method used in this writing is Normative law. By conducting approaches to legislation, conceptual, historical approaches, comparisons and using qualitative analysis methods.

Muhammad Idul Launuur

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

The aim of this research is to explain the meaning and symbols of goats in the Lawa  Pipi (goat running) tradition in the Hili Country Community, Leihitu District, Central Maluku. This research uses an approach based on a descriptive approach which focuses on real problems that existed at the time the research was conducted. Through descriptive research, the author tries to describe the events of the Lawa Pipi (Goat Running) Eid al-Adha tradition in the people of Hila State, Central Maluku which is the center of attention without giving special treatment. Based on research carried out by data obtained by informants, the Lawa Pipi paga tradition of Eid al-Adha in Negeri Hila, Leihitu District, Central Maluku is a tradition that has been passed down by ancestors. The religiosity belief of the Lawa Pipi (Goat Running) Tradition is carrying a goat by circling the Hasan Soleman Mosque seven times, the people of Hila State interpret it as carrying out the Hajj pilgrimage around the Black Stone seven times, This is because the Lawa Pipi (Goat Running) tradition involves the Tawaf process where people experience the Tawaf journey directly even though they do not go to the city of Mecca. According to the community, the Lawa Pipi (Goat Running) tradition is carried out as an effort to get closer to Allah SWT and is believed to bring good fortune, long life and the desire to go to the Holy Land can be achieved.

Amstrong Harefa; Jesslyn Elisandra Harefa

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

The principle of legality is a legal principle that states that every act may only be subject to sanctions if it has been stipulated in the legislation before the criminal act is committed. The research aims to analyze the necessity of a law before a criminal event occurs; analyze the assessment of an act that is not analogous; analyze the need for the principle of legality to protect individuals from arbitrary actions by judicial officers. The research method is the normative legal method, by adopting conventions, legislation, law books, journals, articles, the internet. Furthermore, comprehensively reviewing the literature so that maximum results are obtained. The results of the research, law enforcement that is fair, pure and consistent is still difficult to achieve considering that many officers still do not fully understand the meaning of the principle of legality so that they often make mistakes in considering imposing criminal sanctions, and often their decisions exceed their authority. Human rights are inherent rights in individuals, so individuals should get their rights. Protection of individual rights is mandated in the 1945 Constitution Article 28G paragraph (1) Article 28H paragraph (1). Legal certainty is a vital element in building an honest and fair legal strategy. It is expected that when laws are created, they should be in accordance with a systematic, democratic mechanism based on empirical observation results, so that errors in the application of the law can be minimized. Thus, all people get legal certainty where their rights are protected and maintained, on the other hand, each individual is aware not to do prohibited acts because every action has logical and firm consequences.  

Agi Ahmad Najih; Fauzan Ali Rasyid; Muhammad Kholid

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

The problem of the legality of the agreement of the deed of debt and credit agreement into buying and selling requires legal certainty so that no one is harmed. Normative legal certainty is when a regulation is made and promulgated with certainty because it regulates clearly and logically. Clear in the sense that it does not cause doubt (multi-interpretation) and logical in the sense that it becomes a system of norms with other norms so that it does not clash or cause norm conflicts. Norm conflict arising from rule uncertainty can take the form of norm contestation, norm reduction or norm distortion. This research approach is descriptive analytical which describes legal events that occur as they are and conveys these conditions according to theory and legislation. The research method used in the research is empirical juridical which analyzes the Bandung District Court Decision Number: 162/PDT.G/2021/PN.BDG regarding the Legality of the Deed of Sale and Purchase Agreement as Collateral for Debt and Credit Due to Legal Defects. The results of this study show that; AJB, which should be a proof of transfer of land rights in a real sale and purchase transaction, in this case is used to guarantee debt repayment. This is a deviation from the function of the AJB, which is legally unjustified because it contradicts the principle of halal causa (Articles 1335 and 1337 of the Civil Code). Therefore, the AJB made does not meet the elements of a valid causa, and therefore can be canceled or even null and void.

Victor Karna Junior; Ghefari Albir Fachri Suherman; Lucky Dafira Nugroho

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

Default, or breach of contract, is a common problem in business transactions and can have significant impacts, both financially and non-financially. This article analyzes the various forms of default, such as failure to fulfill obligations, delays, or non-performance in accordance with the agreement. The impact of default is not only directly related to financial losses—for example through fines or damages—but can also damage business relationships and the company's reputation. Therefore, good contract design is very important in reducing this risk. Effective contract design should include clear clauses regarding obligations, deadlines, and sanctions that apply in the event of a breach. Penalty clauses are often used to provide incentives for the parties involved to fulfill their obligations. Furthermore, in the context of globalization and international transactions, it is important for contracts to include clear dispute resolution mechanisms, such as mediation or arbitration, to avoid escalation of problems. This article aims to provide practical guidance for companies in designing contracts that not only reduce the risk of default, but also ensure the sustainability of mutually beneficial business relationships. With a thorough understanding of legal risks and the implementation of appropriate mitigation measures, companies can maintain smooth operations and prevent major losses due to default.   Keywords : Default, Breach Of Contract, Contract Drafting, ,, , Mediation, Arbitration, Corporate Reputation, Risk Management.

Joko Prasetiya; Alwan Alfiansyah; Anugrah Perkasa

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

This research aims to evaluate the Tanjungpinang City Environmental Service's policy towards preventing Tanjungpinang City Landfill Waste. Tanjungpinang City is the capital of the Riau Islands province which will be used as a tourist city in the Riau Islands. However, to make this happen, one of the tasks of the Tanjung Pinang city government is to solve the waste problem in the city of Tanjung Pinang, especially the old city of Tanjung Pinang, which is a slum area that has the largest area among other slum settlements in Tanjung Pinang. The research method uses a descriptive approach which is a method that used to describe a phenomenon or event by relying on data and facts found in the field. The purpose of qualitative research with a descriptive approach is to explain and describe phenomena and their characteristics, as well as having a greater tendency towards how it is implemented or the reasons why something happens. The results of the research show that evaluation is very important so that steps are taken so that the policies made are not arbitrary. -To do this, there must be an appropriate regulatory basis in order to get maximum results because sea cleanliness is the main milestone in the Riau Archipelago, where almost 100% of the Riau Archipelago is sea and is a maritime area, therefore the importance of awareness by both the public and the government so that the economy which is based on the needs of communities in coastal areas and small islands as an effort to empower communities to increase community participation and capacity in coastal and small island management, especially in the field of dealing with coastal and marine waste pollution.  

Ego Pernanda Saputra; Adianto Adianto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Currently tourism in Indonesia is growing very rapidly. The role of stakeholders is very necessary in planning a tourist destination because it can help to develop tourism potential in a village. This research focuses on discussing community based tourism development collaboration at Pacu jalur events in Kuantan Singingi Regency and what factors inhibit collaboration in community-based tourism development at Pacu jalur events in Kuantan Singingi Regency. The aim of this research is to find out how collaborative community based tourism development is at the pacu jalur event in Kuantan Singingi Regency and what are the inhibiting factors for collaboration in community based tourism development at the pacu Jalur event in Kuantan Singingi Regency using the pentahelix model of 5 stakeholders. This study used qualitative research is descriptive methods. This research found that the roles of each stakeholder are: academics focus on tourism planning based on existing theories, the government focuses on policy makers in developing tourism potential, business actors as nails in creating added value and maintaining economic growth in the surrounding area, and the role of the role of the community is to help manage tourism potential and the role of the media is to promote and help inform the wider community about the spur route. The research results found that collaborative governance has run quite optimally. The inhibiting factors in community-based tourism development collaboration were also revealed, namely, a) Lack of pentahelix coordinators in the development of Pacu jalur tourism, b) Lack of support for road infrastructure access in the development of Pacu jalur tourism, c) Low creativity and innovation at Pacu jalur tourism locations. Through this research, it can be used as an evaluation so that it can increase the efforts of the Department of Tourism and Culture in developing tourist attractions leading to national events. 

Diah Resti Vilani; Niken Kurnia Yunita; Ahmat Luqman Nanda; David Aldo Wijaya

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Inquiry and investigation in the mechanism there is a difference between the two. Article 1 point 5 of the Criminal Procedure Code regulates investigations to determine whether an event that is suspected of being a crime is true before finally proceeding to the level of investigation. Where the investigation stage aims to determine the truth of a criminal act. After finding out who the perpetrators of the crime were, then in accordance with the constitution a court process will be carried out through an independent judicial power. Merdeka has the principle that judicial power must be free from any form of encouragement or interference from any outside party. It is different from the power to adjudicate in the post-New Order era where legal dualism occurred. This study uses a normative juridical method with a statutory approach (Statute Approach) regarding Law Number 14 of 1970 concerning Judicial Power in the New Order regime as well as a Case Approach (Case Approach) of legal dualism carried out by President Soeharto where presidential power is attached to legal authority. justice. The power of the president attached to the power of the judiciary will give birth to the independence or independence of the decisions of the judges because there is interference from the power of the president.