SciRepID - Scientific Publication Search

Publication Search

49,117 articles from 425 journals · 1,447 citations tracked

Showing 1-5 of 5

Analytics

Ikhwan Nur Ramadhan; Damar Arrya Akbar A; Fajar Kurniawan; Herdandi Bagus A.P.

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores how the drafting process of the Bill (RUU) for the Revision of the Indonesian National Armed Forces (TNI), which was approved to become Law Number 3 of 2025, occurred amidst massive public protests, with an emphasis on violations of the principles of openness, participation, and accountability as regulated in the 1945 Constitution and Law Number 12 of 2011 concerning the Formation of Legislative Regulations. The public's rejection illustrates the potential for abusive law making, threats to civilian dominance, and the possibility of a return to the dual function of the military from the New Order period, supported by protests, petitions from civil society organizations such as NU, WALHI, and KONTRAS, as well as an application for constitutional review to the Constitutional Court. Adopting the perspective of Habermas’s theory of deliberative democracy and Weber’s concept of legitimacy, this research asserts that the argument for the annulment of this Bill is growing stronger, in order to uphold democratic law making and the protection of human rights.

Novita Novita; Moh. Syuhada Ramdhani; Novi Andini

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research analyzes the Constitutional Court Decision Number 62/PPU-XXII/2024 regarding the constitutionality of the presidential threshold and its implications for the development of inclusive democracy in Indonesia. Using a juridical-normative and conceptual approach, this study examines the presidential threshold provisions as regulated in Article 222 of Law Number 7 of 2017 on General Elections from the perspective of inclusive democracy theory and electoral systems. The results show that the Constitutional Court affirmed the constitutionality of the presidential threshold as an open legal policy of the legislators, while also noting that lawmakers should reconsider the threshold percentage in future revisions of the Election Law. This research identifies a tension between two equally important democratic values: government effectiveness and political representation. On one hand, the presidential threshold can strengthen the presidential system by encouraging political party consolidation and creating more stable governance. On the other hand, this provision potentially limits political inclusivity by reducing the diversity of choices for voters and restricting opportunities for small or new political parties to nominate presidential and vice-presidential candidates independently. This study concludes that to realize a more inclusive democracy following the Constitutional Court Decision, further efforts are needed to reform the electoral system, strengthen political parties, enhance political education, and develop innovations in political participation.

Frensiska Ardhiyaningrum

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This essay emphasizes the significance of implementing Pancasila values into law-making methods in Indonesia. Pancasila, being the foundation of the state, offers notions that can be used as guidance for ethical and moral laws. This qualitative study explores how Pancasila values like social justice, unity, and deliberation are applied in lawmaking. This article looks at legislation that show inconsistent implementation of Pancasila ideals and are often impacted by political and economic considerations. This article identifies barriers to adopting Pancasila values into public policy and suggests strategies to promote public participation in the legislative process. The goal is to raise knowledge of and apply Pancasila values so that the law better represents societal aspirations and promotes social fairness.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Amy Nur Azizah; Marta Pangestuti; Khairina Salsabila Pramono

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the role of Pancasila in the formation of national legal norms in Indonesia. As the state ideology, Pancasila influences every aspect of legal development and implementation through the fundamental principles embodied in its five precepts. This research employs a qualitative approach using case studies, document analysis, and interviews to identify how Pancasila's values are integrated into the legal system. Data were collected from legal documents, judicial decisions, and interviews with legal experts and lawmakers. The findings reveal that Pancasila serves as a source of values and normative guidance, ensuring legal consistency, and facilitating evaluation and social control. The study also highlights how Pancasila supports public participation in the legislative process, contributing to a legal system that aligns with national ideals of social justice and democracy. These insights aim to deepen the understanding of how Pancasila’s values are applied withiystem.

Khamdan Khanafi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Its implementation and application require the use of the TPPU Law by relying on the initial crime or primary crime, the main crime according to investigators and prosecutors is part of the formal and material requirements in an event file, for its fulfillment if it is incomplete it can be considered unable to carry out prosecution by prioritizing formal processes. Money laundering cases are rarely charged under the TPPU Law because the charges given are not cumulative charges, and are only limited to the initial crime, complicated bureaucracy and difficult communication between agencies due to the integrity that does not exist between judicial institutions as a criminal justice system, lack of socialization process and regarding the anti-money laundering regime to investigators, public prosecutors, and PPATK. The problem in this study is how to apply international criminal law to money laundering. The application of International Money Laundering into Indonesia's national criminal law depends on compliance with international treaties governing transnational criminal activities. This agreement has been approved and implemented by the legal and regulatory framework of the country. This impact is seen in lawmaking, the passing of Presidential Decrees, and the legal doctrine articulated in this agreement. The Money Laundering Act serves as an example of domestic criminal legislation promulgated as a means of enforcing international conventions