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Arpangi Arpangi
UNISSULA
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Analysis of the Differences between the Democratic System in Indonesia and Other Countries Mukhtasor Mukhtasor; Arpangi Arpangi
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51033

Abstract

Abstract. This research is motivated by the significant differences between Indonesia’s democratic system and those of other countries, each shaped by distinct constitutional traditions. Indonesia’s democracy, grounded in Pancasila and the 1945 Constitution, exhibits unique characteristics that require deeper examination to understand how constitutional norms regulate governmental authority, public participation, and the relationship among state institutions. The objective of this research is to analyze the characteristics of Indonesia’s democracy, compare it with other democratic systems, and assess the juridical implications for governance administration. This study employs a normative juridical method using statutory, conceptual, and comparative approaches. The analysis is conducted through an examination of the 1945 Constitution, legislation related to democratic governance, and the constitutions of selected countries for comparison. The comparative approach helps identify fundamental differences between Indonesia’s presidential system and the parliamentary, federal, or semi-presidential systems of other nations. The findings reveal that differences in democratic systems have direct implications for checks and balances, the central–regional relationship, public participation mechanisms, and the capacity of representative institutions to supervise the executive. Comparative insights indicate that Indonesia must strengthen oversight regulations, clarify regional authority, and enhance legislative transparency to maintain governmental stability while upholding constitutional democratic principles.
Legal Analysis of Justice-Based Criminalization of Perpetrators of Domestic Violence (Case Study Number 1/Pid.Sus/2025/Pn Tjt) Sefriana Fajar; Arpangi Arpangi
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51071

Abstract

Abstract. Harmony and integrity within a household can be disrupted if self-quality and self-control are not maintained. This condition has the potential to give rise to domestic violence which results in feelings of insecurity and injustice for family members. Therefore, the state and society have an obligation to undertake preventive measures, provide protection to victims, and prosecute perpetrators in accordance with the values of Pancasila and the mandate of the 1945 Constitution of the Republic of Indonesia. Legal development is not only limited to formulating rules, norms, or principles, but must be carried out systematically and comprehensively. This includes thorough legal planning, the formation of new regulations based on Pancasila and the 1945 Constitution of the Republic of Indonesia, the implementation and provision of quality legal services, and effective and efficient law enforcement, while still upholding humanitarian values. Essentially, criminal law reform is a concrete manifestation of changes and improvements to various aspects and policies that form its background. Therefore, a planned and systematic legal development is needed to accelerate the renewal and formation of the existing legal system in Indonesia. Law Number 23 of 2004 concerning the Elimination of Domestic Violence was ratified in Jakarta on September 22, 2004 and signed by Megawati Soekarnoputri as the President of the Republic of Indonesia at that time. Law Number 23 of 2004, which is often referred to as the PKDRT Law, firmly states that every citizen has the right to live safely and free from all forms of violence, based on the values of Pancasila and the 1945 Constitution. The main objective of this regulation is to eliminate the practice of domestic violence while creating a balance of position between husband and wife, children and parents, as well as between the nuclear family and parties involved in household life, which is an important factor in preventing domestic violence.
Law Enforcement Against Vehicle Theft Perpetrators Using the Modus of Destruction and Selling Evidence Zidan Naufal Syailendra; Arpangi Arpangi
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.51132

Abstract

Abstract. This study aims to analyze the implementation of law enforcement against perpetrators of motor vehicle theft using the modus operandi of damaging and selling evidence, identify the obstacles faced by law enforcement officers in the process of proof and prosecution, and formulate optimal strategies based on the integration of substantive law analysis, procedural law analysis, and the Islamic legal perspective. The case of District Court Decision No. 44/Pid.B/2025/PN Bgr serves as the primary case study to examine the application of Article 363 paragraph (1) points 4 and 5 of the Indonesian Criminal Code (KUHP) in judicial practice and its implications for the effectiveness of law enforcement. This research employs a normative juridical approach combined with a case approach and a statutory approach. Data were obtained from court decisions, relevant legislation, academic literature, and previous related research. The analysis was conducted qualitatively by synthesizing normative and empirical findings to assess the consistency of legal norm implementation as well as technical-forensic and institutional barriers in handling such cases. The findings indicate that the elements of Article 363 paragraph (1) points 4 and 5 of the Criminal Code are fulfilled when the act is committed jointly and by means of damage, as reflected in the Bogor District Court’s decision, which imposed imprisonment and ordered the return of evidence. However, the effectiveness of law enforcement remains hindered by several factors, including the alteration of evidence (commercialization of spare parts), weak supervision of second-hand markets, limited forensic capacity, and a lack of inter-agency data integration. To overcome these obstacles, it is necessary to strengthen forensic capacity, develop an integrated national database of vehicles and spare parts, regulate second-hand markets and prosecute receivers of stolen goods, and integrate Islamic legal values into penal policy emphasizing rehabilitation and prevention.
Legal Analysis of Law Enforcement of Mining Crimes Based on Legal Certainty Pahala Holmes Hutagalung; Arpangi Arpangi
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49503

Abstract

This study aims to determine and analyze the implementation of law enforcement against illegal mining crimes in law enforcement against mining crimes that have legal certainty and obstacles and solutions in law enforcement against mining crimes that have legal certainty. The method of sociological juridical approach, the research specification is descriptive analytical, the data used are primary data and secondary data. The data collection method is field study and literature study. The data analysis method used is qualitative. The theory used in this study is the theory of legal law enforcement and the theory of legal certainty. Based on the results of the study, it can be concluded that law enforcement against mining crimes in the West Kalimantan Regional Police has legal certainty where its implementation is based on applicable laws and regulations, namely the Minerba Law, the Criminal Procedure Code and the Police Chief Regulation Number 6 of 2019 concerning Criminal Investigation. The implementation of law enforcement is carried out through investigations and inquiries into events suspected of having occurred mining crimes. Obstacles in law enforcement against mining crimes include internal obstacles and external obstacles. Through appropriate solution actions, these obstacles can be overcome, so that the law enforcement process can be carried out in accordance with the provisions of applicable laws and regulations.
Co-Authors Mukhtasor Mukhtasor Pahala Holmes Hutagalung Sefriana Fajar Zidan Naufal Syailendra