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All Journal DE LEGA LATA: Jurnal Ilmu Hukum Humani (Hukum dan Masyarakat Madani) Jurnal Ilmiah Galuh Justisi JURNAL ILMIAH ADVOKASI Jurnal Ilmu Hukum KYADIREN Jurnal Darma Agung JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Journal of Research in Social Science and Humanities Law Development Journal Riwayat: Educational Journal of History and Humanities
Yusuf, Hambali
Unknown Affiliation
Religion Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Social Sciences Other

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Legal Analysis of LGBT Behavior Among TNI Soldiers: Implementation of Regulations and Their Impact on Military Discipline Nasution, Sorna Nauli; Yusuf, Hambali; Salia, Erli
Jurnal Ilmiah Galuh Justisi Vol 13, No 2 (2025): Jurnal Ilmiah Galuh Justisi
Publisher : Universitas Galuh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25157/justisi.v13i2.18929

Abstract

This study aims to analyze the criminal liability of TNI soldiers involved in Lesbian, Gay, Bisexual, and Transgender (LGBT) behavior in the context of Indonesian military law, focusing on the implementation of regulations at the Palembang I-04 Military Court. Although there is no explicit provision in the Criminal Code (KUHP) that prohibits LGBT behavior, conservative social norms in Indonesia and strict TNI internal regulations on soldier discipline can lead to violations of the ethics and morals accepted by the military institution. This study uses a qualitative approach by analyzing applicable regulations, military justice practices, and the impact of disciplinary policies on TNI soldiers involved in LGBT behavior. The results of the study indicate that TNI soldiers involved in LGBT behavior are at risk of being subject to disciplinary sanctions based on Government Regulation No. 39 of 2010 concerning Military Discipline and TNI Regulation No. 23 of 2010 concerning Mental and Ethical Development of TNI Soldiers. These sanctions can include dishonorable discharge or demotion, although there is no explicit prohibition in general criminal law. In addition, the Palembang I-04 Military Court plays a role in trying disciplinary violations that occur, by assessing whether the LGBT behavior tarnishes the image of the TNI or is contrary to the norms held by the institution. This study provides insight into the application of military law to LGBT issues in a conservative social context, as well as the importance of consistent and fair discipline enforcement in dealing with social developments in Indonesia. In addition, this study also offers recommendations for TNI internal policies to be more responsive to issues of sexual diversity, along with efforts to maintain the integrity and credibility of the institution.
Enhancing Victim Protection in Sexual Crime Cases Through a Case Analysis of Palembang District Court Decision No. 186/Pid.B/2022/PN.Plg Awansyah, Awansyah; Romli, Romli; Yusuf, Hambali
Jurnal Ilmu Hukum Kyadiren Vol 6 No 2 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v6i2.252

Abstract

This study aims to analyze Palembang District Court Decision No. 186/Pid.B/2022/PN.Plg in relation to the protection of victims’ rights in cases of sexual crimes. Victim protection within the criminal justice system is a crucial aspect that often faces various challenges in its implementation. This study employs a normative juridical research method with a case analysis approach.  The findings indicate that the court provided physical and psychological protection to the victim, as well as restitution to support recovery. However, challenges remain in ensuring the full realization of victims’ rights, particularly in terms of rehabilitation services and preventing repeat offenses. Moreover, the punishment imposed on the defendant is not always accompanied by adequate recovery measures for the victim. Therefore, the justice system must strengthen protection mechanisms by involving rehabilitation institutions and psychologists to achieve a more comprehensive and just legal framework. 
INHIBITING FACTORS IN THE ENFORCEMENT OF CRIMINAL LAW AGAINST ILLEGAL MINING: A CASE STUDY IN SOUTH SUMATRA Parameswara, M Indra; Achmad, Ruben; Yusuf, Hambali
Jurnal Ilmiah Advokasi Vol 13, No 4 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i4.6857

Abstract

Mineral and coal resources in Indonesia, particularly in South Sumatra Province, are non-renewable natural resources whose management is constitutionally mandated to be controlled by the state for the greatest benefit of the people. Despite this mandate, illegal mining activities remain widespread and pose serious challenges to criminal law enforcement. This study aims to analyze the inhibiting factors affecting the effectiveness of criminal law enforcement against illegal mining crimes within the jurisdiction of the South Sumatra Regional Police. This research employs a normative juridical method using statutory and conceptual approaches, supported by an analysis of law enforcement practices. The findings indicate that the primary obstacles to effective law enforcement stem from internal factors within law enforcement institutions, including limited personnel capacity, inadequate competence, corrupt practices, conflicts of interest, and insufficient facilities and infrastructure. These constraints are exacerbated by the high number of illegal mining cases, with at least 77 cases recorded over the past three years, which overwhelms the existing institutional capacity. The study concludes that strengthening institutional capacity, enhancing professionalism and integrity of law enforcement officers, improving inter-agency coordination, and providing adequate resources are essential to ensure effective, fair, and sustainable criminal law enforcement against illegal mining activities.Keywords: inhibiting factors, criminal law enforcement, illegal mining
Co-Authors . Apriansyah ABADI Awansyah, Awansyah Defriansyah*, Andrie Fitriyanti Fitriyanti Hayatuddin, Khalisah Hendri Dunan Hendri Permana Is, Muhamad Sadi Mahfuz, Abdul Latif Mayangsari*, Riska Nasution, Sorna Nauli Novalina Novalina Okpirianti, Reni Parameswara, M Indra Radevi, Gading Romli Romli, Romli Ruben Achmad Salia, Erli Yatini, Kharisma