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Legal Wisdom in Indonesian Legal System: Toward Progressive Law Enforcement Muhammad Ridwan Hidayat; Suteki, Suteki; Jean Claude Geofrey Mahoro
JUSTISI Vol. 10 No. 3 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i3.3198

Abstract

This study aims to analyze the state of society that began without a system, or what is called the condition of disorder, which is unstable (social melee) so that the state of law, when it comes to people's lives, must also follow the unstable pattern (legal melee). The method used is normative philosophical, which leads to the basis of discourse (Conceptual). This study also explains some of the gaps in previous similar studies by presenting some novelty of analysis, such as (1) an explanation of how legal wisdom is an important concept for progressive law enforcement, (2) the national legal system (conventional) with legalistic positivistic substance remains an open formulation towards legal progressiveness in Indonesia. The exposure of the construction of a legal system continuously undergoing development is an issue that must always get a balance for new legal discoveries so that the developing law always follows the development of society. The results of this study revealed that the existing legal products also naturally show how the law plays a role. Then, with the existence of legal products, one area that gets regulation against it must be more organized than areas that legal arrangements have not been regulated by law. It can be concluded that today's Indonesian legislation is a portrait that shows the problem of existing regulations. It has become natural to revive and develop with a more structured of legal enforcement.
Hukum Tajam Ke Bawah Tumpul Ke Atas (Perspektif Sosiologis Penegakan Hukum di Indonesia) Irwan, Irwan; Wira Perdana, Fadjrin; Lumban Tungkup, Doharman; Miran, Miran; Suteki, Suteki
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i06.672

Abstract

Weak law enforcement and equitable development as well as other discriminatory treatments still occur in the implementation of minority rights in Indonesia. The purpose of this research is to examine law enforcement "sharp down, blunt up" from a sociological legal perspective. This study uses a descriptive research method with a qualitative approach. Data collection was carried out by studying literature from previous studies, then used to analyze the phenomenon of legal decisions in Indonesia. The phenomenon of law sharp downwards and blunt upwards is the reality of law enforcement caused by legal practices that are oriented towards justice. Efforts to realize material (substantive) justice in law enforcement (criminal) in court, can be provided through a legal pluralism approach and the ability of judges to evaluate laws. Law enforcement must be carried out appropriately and effectively to measure the success of the state. The running Indonesian state of law must also pay attention to aspects of divinity, humanity, deliberation, and justice.