Publication Search

This research analyzes the application of the equality before the law principle in handling narcotics cases by the Legal Aid Institute (LBH) Legundi Surabaya. The principle of equality before the law is a fundamental principle guaranteed in Article 27 paragraph (1) of the 1945 Constitution, yet its implementation in narcotics law enforcement still faces various challenges. This study employs a normative juridical method with a qualitative approach to examine LBH Legundi's strategies in ensuring clients fully obtain their constitutional rights. The findings reveal that although LBH Legundi has implemented various strategies such as detailed examination of arrest procedures, optimization of legal instruments, and efforts for detention suspension, the application of the equality before the law principle remains hindered by several factors. The main challenges include strong social stigma against narcotics offenders, limited resources of legal aid institutions, disparities in judicial decisions, structural barriers in accessing justice, weak supervision systems, minimal systemic support from the state, and a law enforcement mindset that remains punitive rather than rehabilitative. This condition creates a significant gap between suspects from economically disadvantaged backgrounds and those from affluent backgrounds, which contradicts the spirit of substantive justice. The study concludes that realizing the principle of equality before the law requires comprehensive reform touching structural, cultural, and systemic aspects of Indonesia's criminal justice system.  

Sex reassignment of transsexual individuals is something that is quite viewed by many people, regarding the legal status of a person who undergoes sex reassignment surgery, especially with marriage in Indonesia, and the District Court Decree (PN) provides guidance and explanation regarding this matter. The nature of God Almighty creates two sexes between male and female, along with the development of science and technology, especially in the field of medicine for those who experience conditions can also be called Sex Reassignment Surgey as a form of treatment in order to match their soul. Therefore, the researcher analyzes how Islamic law and national law regulate the legal status of transsexuals after sex reassignment and its implications for their rights and analyzes the procedure for sex reassignment and its impact. The stages of analysis use the descriptive method and deductive mindset. The results of this study conclude about the replacement of transsexual genitals in the consideration of the judge and granting the application in accordance with Islamic law and national law based on Law number 4 of 2004 written in article 28 paragraph 1.

Drug abuse and trafficking are transnational issues that require serious attention from various countries. Indonesia and the Philippines, two countries in Southeast Asia, have developed different institutional approaches in combating drugs through the Badan Narkotika Naional (BNN) and the Philippine Drug Enforcement Agency (PDEA). This study aims to compare both institutions from the cultural-cognitive pillar based on William Richard Scott’s institutional theory. The method used is descriptive qualitative research with a literature study approach. The results show that BNN prioritizes rehabilitative and educational approaches that are increasingly accepted as a reasonable treatment pattern in Indonesia. Meanwhile, PDEA implements a repressive approach that is supported by most of the Filipino society, despite being accompanied by human rights violations. These findings indicate that collective thinking frameworks and public legitimacy play a crucial role in shaping institutional strategies and impacts in each country. This study provides significant implications regarding how societal mindsets influence the effectiveness of drug eradication efforts.

Children are national assets who have the right to grow and develop optimally. Living on the streets is very dangerous for children. The aim of the research is to determine the application of the principle of regional autonomy in developing social welfare for neglected children and the obstacles in overcoming the problems of abandoned children in Serang City. The research uses qualitative methods with a case study approach. This research concludes that the Regional Government of Serang City, in implementing the principle of regional autonomy for the welfare of neglected children based on Law Number 23 of 2014, has the authority to make regional policies that have an impact on prosperity and general welfare in its region. The Serang City Government is responsible for providing social services to neglected children by providing children's rights and protecting them from the risks and threats of life on the streets. The obstacle to handling the problem of abandoned children is the mindset of abandoned children and families which are still oriented towards financial conditions as the main reference, thereby ignoring risks and other threats of danger. Problems with the level of education, habits of abandoned children and limited budgets provided also become obstacles to the implementation of handling abandoned children..