Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal International Journal of Social Service and Research Journal Customary Law
Natsir Asnawi
Universitas Borobudur
Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Ignoratio Elenchi in the Amendment to the Regional Government Law and its Impact on the Executive Review of Governor Regulations and Gender Equity Rizki Emil Birham; Natsir Asnawi
International Journal of Social Service and Research Vol. 6 No. 6 (2026): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v6i6.1412

Abstract

The purpose of this study is to examine the fallacy of reasoning (ignoratio elenchi) in the Law Number 23 of 2014 concerning Regional Government, as amended by Law Number 6 of 2023 concerning Job Creation, and its consequences for gender equity and the executive review process of gubernatorial regulations. This paper evaluates numerous pertinent legal provisions and doctrines using a normative juridical method using a statutory and conceptual approach. The study's findings show that the norm's modification conflicts with the ratio decidendi of Constitutional Court Decision Number 56/PUU-XIV/2016, which affirms the existence of executive review of gubernatorial regulations, thus reflecting a fallacy of reasoning in the form of ignoratio elenchi. As a result, a legal vacuum has occurred in the administrative oversight mechanism for regional head regulations, which has an impact on weakening legal certainty and opening space for the birth of regulations that conflict with higher regulations and have the potential to discriminate against women, as seen in the practice of gubernatorial regulations that change imperative norms into discretionary norms. Therefore, this study recommends legal reconstruction through strengthening the executive review mechanism, developing preventive oversight mechanisms, and integrating a gender justice perspective into the formation of laws and regulations to ensure normative consistency and protection for vulnerable groups.
Criminal Liability for Traffic Accident Perpetrators with Schizophrenia John Piter Tampubolon; Natsir Asnawi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5884

Abstract

The high number of traffic accidents in Indonesia is still narrowly understood as legal events oriented towards physical victims and material losses, while the psychological impact experienced by witnesses and indirect victims has not received adequate attention in the construction of criminal law. This condition becomes increasingly problematic when accidents involve perpetrators with mental disorders, particularly schizophrenia, because positive law does not provide clear and consistent regulations regarding criminal liability and the actions that can be imposed. The National Criminal Code, through Law Number 1 of 2023, does introduce the concept of action against perpetrators who are unable to take responsibility, but the use of the phrase "can be subject to action" in Article 39 actually opens up space for legal uncertainty and excessive discretion. This study aims to analyze the weaknesses in the legal construction of criminal liability in traffic accidents involving perpetrators with schizophrenia and formulate a more just and humane normative reconstruction model. The method employed is normative legal research with a statutory and conceptual approach, which examines the principle of fault, the theory of criminal liability, and the relationship between criminal law and mental health law. The research findings indicate that the absence of standards for assessing capacity for responsibility and the lack of firm norms for action have the potential to lead to inconsistent law enforcement and neglect the interests of victims and the protection of perpetrators' human rights. This research proposes a reconstruction of criminal responsibility based on the separation of criminal acts and capacity for responsibility, strengthening the role of forensic psychiatry, and implementing a criminal and action system oriented toward substantive justice.
Co-Authors John Piter Tampubolon Rizki Emil Birham