Analisis Hukum Ancaman Krisis Iklim Terhadap Pulau Kecil Terluar dan Implikasinya terhadap Pertahanan dan Keamanan Nasional Indonesia
(Parluhutan Sagala, Muhammad Jamil, Ilman Hadi, Arief Fahmi Lubis)
DOI : 10.55606/eksekusi.v3i1.1779
- Volume: 3,
Issue: 1,
Sitasi : 0 08-Feb-2025
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| Last.13-Aug-2025
Abstrak:
Climate change, especially the threat to the outermost small islands, has a significant impact on Indonesia's national resilience. The worsening climate crisis has the potential to threaten the survival of coastal communities, trigger tensions in border areas, and worsen the social and economic situation through mass migration. This study aims to analyze the threat of the climate crisis to the outermost small islands and its implications for Indonesia's national defense and security. The method used is a normative legal analysis with a statutory, conceptual, and case approach, with deductive reasoning. The findings show that Indonesia, as the largest archipelagic country, faces real threats due to climate change, such as rising sea levels that can submerge many outermost small islands. This threat has the potential to affect territorial sovereignty, economic stability, and food security, and can trigger social and international conflicts. This study also identifies the need for mitigation policies, including the New and Renewable Energy Bill, and the Climate Change Management Bill, to reduce greenhouse gas emissions and strengthen the country's resilience to the impacts of climate change.
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2025 |
Law Enforcement In Cases Of Criminal Domestic Violence ( KDRT ) Within The TNI
(Arief Fahmi Lubis)
DOI : 10.62951/ijls.v1i2.37
- Volume: 1,
Issue: 2,
Sitasi : 0 09-Apr-2024
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| Last.06-Aug-2025
Abstrak:
In accordance with the application of the principle of equality before the law, if criminal behavior occurs against a soldier's wife, the punishment imposed on her husband as a TNI soldier will be the same as that applied in the General Court. The aim of this research is to show that in the context of law enforcement as guidance within the TNI, in domestic violence cases many military members are charged with criminal sanctions by Military Judges. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description at the time of the research. The results of this research show that The aim of the Panel of Judges in imposing sentences is not merely to convict people who commit criminal acts but also has the aim of educating so that the person concerned can return to the right path to become a good citizen and soldier in accordance with the Pancasila and Sapta Marga philosophies.
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2024 |
Conflict Resolution Strategy In Papua Through Concurrent Military and Non-Military Operations Executed By The Indonesian National Armed Forces (TNI)
(Arief Fahmi Lubis)
DOI : 10.62951/ijlcj.v1i1.34
- Volume: 1,
Issue: 1,
Sitasi : 0 31-Mar-2024
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| Last.06-Aug-2025
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Examined through the prism of national security, the imperative emerges for the Indonesian National Armed Forces (TNI) to play a central role in addressing conflicts in Papua, harmonizing effectively with their fundamental mission of promoting the well-being of the local populace. This study aims to establish that achieving resolution in Papua necessitates the implementation of two parallel approaches. In this study, the researcher employs a qualitative method with a descriptive approach. The data is systematically, factually, and expeditiously collected following the contextual conditions prevalent during the research period. The findings underscore the viability of conflict resolution in Papua through the dual avenues of military operations for war and military operations other than war, both executed by the TNI soldiers.
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2024 |
The Implementation Of The Military Skills Development For Military Prisoners In Military Correctional Institutions
(Arief Fahmi Lubis)
DOI : 10.62951/ijsl.v1i1.36
- Volume: 1,
Issue: 1,
Sitasi : 0 29-Feb-2024
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| Last.27-Jul-2025
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The execution of the rehabilitation of military prisoners is carried out through a communicative and accommodating approach, involving direct interaction between officers and military prisoners via counseling or interviews. This aims to listen, accept, discover, regulate emotions, strengthen spirituality, and resolve personal and official issues while fostering dedication, sincerity, responsibility, and loyalty within the Indonesian National Armed Forces environment. The objective of this study is to demonstrate the existing challenges in implementing military prisoner development that need to be addressed and overcome. In this study, the author applied qualitative research employing a descriptive approach to systematically, factually, and promptly gather data in line with the research’s context. The findings of this study demonstrated that the success of rehabilitating military prisoners in military correctional institutions is not solely within the responsibility of the Center for Military Correctional Institutions and the Military Correctional Institution itself. It is also affected by external factors, including the attention and moral support offered by the unit commander from the origin place of the military prisoners. This influence aims to facilitate military prisoners’ transformation into soldiers embodying Sapta Marga values, ensuring their readiness for forthcoming unit responsibilities.
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2024 |
Understanding The Limitations Of Human Rights In Indonesia
(Arief Fahmi Lubis)
DOI : 10.62951/ijls.v1i1.35
- Volume: 1,
Issue: 1,
Sitasi : 0 31-Jan-2024
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| Last.06-Aug-2025
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Every individual bears the responsibility of honoring the rights of others within the context of national and state life. This research aims to illustrate that while exercising their rights and freedoms, individuals are obligated to adhere to legal constraints. This adherence is intended to ensure the acknowledgment and respect for the rights and freedoms of others, as well as to fulfill equitable demands in alignment with moral considerations, security imperatives, and the maintenance of public order within a democratic society. This study employs a qualitative research method with a descriptive approach. The systematic, factual, and timely data collection is conducted following the research framework and objectives. The findings suggest that the current conceptualization of limitations on human rights may evolve in the future. The crucial question now pertains to how advocates for a shift in thought construction can effectively leverage the constitutional mechanisms available to them.
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2024 |
URGENCY OF EMERGENCY CONSTITUTIONAL LEGAL PERSPECTIVE IN LEGAL SYSTEM PRACTICE IN INDONESIA
(Arief Fahmi Lubis)
DOI : 10.59581/jhsp-widyakarya.v1i2.173
- Volume: 1,
Issue: 2,
Sitasi : 0 02-May-2023
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| Last.02-Aug-2025
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Danger or nood can occur anytime and anywhere, in this case, it can only occur in a certain area or it can even occur as a whole in the territory of a country.The purpose of this research is to give an idea that emergency constitutional law provides reasons or the basis for granting the state a right to take action in overcoming or dealing with dangerous situations.This qualitative research used a descriptive approach to collect data systematically, factually, and quickly according to the description when the research was conducted. The results of this study indicate that it is necessary to stipulate an emergency law that regulates matters of governance that due to urgent circumstances need to be regulated immediately.
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2023 |
International Law Principles Recognized by Civilized Countries (A Perspective)
(Arief Fahmi Lubis)
DOI : 10.59581/jhsp-widyakarya.v1i1.171
- Volume: 1,
Issue: 1,
Sitasi : 0 02-May-2023
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| Last.02-Aug-2025
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Human rights protect individuals, groups, or property. The nation or state officials as part of the country have an international obligation to protect the community and their property, where international human rights standards are established and developed in various international forums. This study aims to provide a critical review of the Convention related to Human Rights which guarantees the right of everyone to be treated equally before the law regardless of race, color, origin, and ethnicity, which also forms the Committee on the Elimination of Racial Discrimination to supervise its implementation. This qualitative research used a descriptive approach to collect data systematically, factually, and quickly in accordance with the description when conducting research. The results of this study showed that the principles of human rights guide law enforcement in prosecuting criminals. These principles emphasize the importance of supervision (including clarity in the chain of command) of law enforcement agencies. These principles also explain in detail the guarantee of the right to life fulfillment.
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2023 |
Penegakan Hukum dalam Mengadili Anggota Militer yang Melakukan Tindak Pidana Umum dalam Perspektif Kepentingan Militer
(Tetty Melina Lubis, Tiarsen Buaton, Arief Fahmi Lubis, Parluhutan Sagala)
DOI : 10.55606/cendekia.v1i4.3152
- Volume: 1,
Issue: 4,
Sitasi : 0 30-Nov-2021
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| Last.13-Aug-2025
Abstrak:
The punishment imposed on TNI soldiers is actually heavier than the punishment that applies in the general court. The punishment imposed on TNI soldiers is not only limited to prison sentences or fines imposed, but sometimes for serious criminal offenders are often sentenced to additional penalties in the form of dishonorable dismissal (PDTH) from military service. The purpose of this study is to show that for legal subjects with military status, the role of superiors who have the right to punish or called the term Ankum is very dominant. For military members involved in criminal acts, two punishments are imposed, namely first, in the form of disciplinary punishments imposed in the form of punishments for postponement of promotion, demotion to dismissal. This research is qualitative that uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research is carried out. The results of this study show that the determination of absolute competence based on the emphasis on the consequences of the losses incurred can be said to be in line with what is stated in Article 3 paragraph (4) letter a of TAP MRP Number VII of 2000 concerning the Role of the Indonesia National Army and the Role of the National Police of the Republic of Indonesia which reads that "Soldiers of the Indonesia National Army are subject to the power of the general judiciary in the case of general criminal offenses." It is strengthened by Article 65 paragraph (2) of the TNI Law which reads "Soldiers are subject to the power of the military judiciary in the event of a violation of the military criminal law and are subject to the power of the general judiciary in the event of a violation of the general criminal law regulated by the Law."
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2021 |