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Ethnic Mobility and the Formation of Political Identity in Indonesia Setiawan, Refly; Sergeev, Sergey A.
Jurnal Cita Hukum Vol. 11 No. 1 (2023)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v11i1.31571

Abstract

Indonesia is an archipelagic country that has many tribes and cultures, which make Indonesia a multi-cultural country. There are 5 religions recognized in Indonesia based on the Law of the Republic of Indonesia, namely: Islam, Christianity, Hinduism, Buddhism, and Confucianism. This research is related to ethnic mobility and the formation of political identity in Indonesia which is currently very interesting to be discussed by various researchers around the world, not only in Indonesia. In this study, researcher discuss ethnic mobility and the formation of political identity based on history that has occurred in Indonesia to date. The Indonesian nation Indonesia adheres to the Pancasila ideology so that the national ideology has a major influence on the unity and integrity of the nation. In this study, researcher also examined the ideological values of Pancasila and the nation's unifying motto called Bhinneka Tunggal Ika. This study uses a qualitative descriptive approach in which the researcher conducts a descriptive elaboration of ethnic mobility and the formation of political identity in Indonesia and ethnic participation in political parties in Indonesia. The results of the study show that in the past there were still many Indonesian people who considered themselves local residents and were reluctant to accept other ethnic groups to occupy certain positions in an area, including political positions. The separatist movement that emerged in an area due to the inequality of one region with another, such as the islands of Java and Sumatra, had caused inter-ethnic conflict and many people were anti-Chinese in the 90s. However, currently, Indonesia has provided space for various tribes and religions to be involved in political development in Indonesia based on Pancasila and the 1945 Constitution. Indonesia as a multiethnic country has upheld democratic freedoms for all nations and provided regional autonomy policies for each region in order to improve public welfare.
Settlement of Criminal Cases through Integration Customary Law Values Angkon Muakhi in Lampung Province Hasan, Zainudin; Dewi, Erna; Fardiansyah, Ahmad Irzal; Setiawan, Refly; Abdurrahman, Abdurrahman
Jurnal Cita Hukum Vol. 12 No. 1 (2024)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v12i1.38837

Abstract

The current Indonesian criminal law, although it has used the restorative justice method, has not been able to resolve the core of the problem and has not restored balance in society, so the settlement of criminal acts is not complete to the community, the victim and the victim's family. The importance of criminal law policies for the settlement of criminal cases through the integration of Angkon Muakhi law is to realise justice, benefit, balance, and kinship in criminal law enforcement. This research method uses the combined theory paradigm and mixed legal system to generate new ideas in settling criminal cases. This research is normative juridical and empirical juridical research with a socio-legal approach. In-depth interviews were carried out in primary data collection; sources were determined by the snowball method, while secondary data collection was carried out using a literature study. The findings of this study indicate that the enforcement of criminal law at this time still does not involve the community. There are still the rights of victims' families and communities that have not been restored; even though restorative justice has been resolved, it still leaves disputes, seeds of conflict and grudges both from the victim, the victim's family and the surrounding community. Prison sentences are still prioritised in light cases and negligence, both in the investigation process, prosecutors' demands, and the judge's decision. The importance of resolving criminal cases through integrating the customary law values of Angkon Muakhi, which can resolve cases, conflicts, hostilities and disputes between perpetrators, victims and the community.
The Relationship of Ethics and Interests: A Philosophical Study of Political Law and Economics: Hubungan Etika dan Kepentingan: Sebuah Studi Filsafat Hukum Politik dan Ekonomi Yunus, Nur Rohim; Abdurrahman, Abdurrahman; Setiawan, Refly
Dame Journal of Law Vol 1 No 1 (2025): DJL
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/djl.v1i1.21

Abstract

This article discusses the complex relationship between ethics and interests in political economic law. This relationship becomes increasingly relevant in the contemporary context, where public policy is often influenced by political and economic interests that dominate over moral or ethical considerations. This study aims to analyze the dynamics of the meeting and conflict between ethical values and interests in political economic law, and to examine how ethics should guide public policy and institutions, especially in terms of justice and social welfare. This study uses a qualitative method with a literature and legal study approach, analysing classical philosophical works and related legal and ethical theories. Through this approach, the author identifies challenges arising from the tension between personal or group interests and moral demands that should be the basis for policy making. The results of this study indicate that the role of philosophy is vital in maintaining the integrity of values in legal practice and economic policy, and criticise the technocratic approach that often ignores moral considerations. This study concludes that to create fair and sustainable policies, ethics must be the primary basis in every decision-making process in political and economic law.
Legal Politics of Combating Thuggery In the Perspective of Critical Criminology and Islamic Law Siagian, Amrizal; Yunus, Nur Rohim; Raihani, Fina; Setiawan, Refly
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Phuggery is a form of social crime that disturbs society and often arises due to economic inequality, social marginalisation, and weak structural policies to overcome it. In practice, the state's legal response to thugs tends to focus on a repressive and symbolic approach through law enforcement and criminalisation operations alone, without touching on the more complex roots of the problem. This study aims to examine the direction and strategy of Indonesian legal politics in addressing the phenomenon of thugs and to analyse alternative policies based on critical criminology and Islamic legal values. The research method employed is a normative qualitative approach with a conceptual and comparative focus. Data sources comprise primary legal materials, such as laws, police regulations, the Qur'an, and hadith, as well as secondary legal materials, including books, scientific journals, interpretations, and criminology literature. The analysis was conducted descriptively and critically, utilizing the theoretical framework of critical criminology and fiqh al-jinayah (Islamic criminal law). The results of the study indicate that thugs cannot be overcome only with the coercive power of the state, but instead require a structural and ethical approach that supports social justice. Critical criminology critiques the labelling of the lower class, while Islamic law emphasises the principles of ta’zīr, correction (islāh), and preventive justice. Thus, integrating critical criminology approaches and Islamic values ​​can be the basis for a more humanistic and sustainable legal policy reform. Keywords: Legal Politics; Thuggery; Critical Criminology; Islamic Law; Social Justice    
Political Parties And The Direction of Political Development in The Republic of Tatarstan Vladimirov Mladenov, Stanislav; Abdul Muqsith, Munadhil; Setiawan, Refly
JASSP Vol. 1 No. 1 (2021)
Publisher : LPPM Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/jassp.v1i1.22

Abstract

Political parties reflect a democratic state, which is believed to be a condition for modern state life. As institutions for channeling interests, political parties are used as communication with a two-way function, namely, top-down and bottom-up. If this can be carried out well, then political parties' function as political socialization, political participation, political communication, articulation of interests, aggregation of interests, and policymaking can run well to realize the expected political development. The research method used in this research is qualitative research methods. Through qualitative research, the author has created a complex picture, examined words, reviewed detailed reports from the point of view of resource persons, and conducted studies on natural situations. This study aims to determine direction of political parties' development in the Russian Republic of Tatarstan, political parties' function, and political development amid a society in this modern era. The problem in this research is that political parties in Russia tend to have their own interests, either from the central government or the state or Federation governments. In addition, there tends to be a mismatch between the central and state governments in decision making. In fact, in the context political parties can be a tool for realizing development in a country. Even though there are problems, the results showed that political parties in the Republic of Tatarstan rated quite well in carrying out their functions by the functions of political parties according to the Law of the Russian Federation and the Law of the Republic of Tatarstan concerning Political Parties. The development of political parties in the Tatarstan Republic has played a role in controlling conflicts of interest among the Republic of Tatarstan.
Democracy In Türkiye and Indonesia Soydan, Mustafa Zafer; Setiawan, Refly
JASSP Vol. 3 No. 1 (2023)
Publisher : LPPM Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/jassp.v3i1.104

Abstract

Currently, democracy has given its place to people all over the world, both in Türkiye and Indonesia. In various countries, especially in Türkiye and Indonesia, the government is always faced with various problems, especially related to democracy. One of the problems of democracy in Türkiye is related to the social structure. In Turkish society, where traditional social characteristics are dominant, individual life is not a pleasant lifestyle and social characteristics do not allow it. Although the ongoing modernization efforts throughout the history of the Republic of Türkiye have united the society with modern life to some extent, when viewed as a whole, it is seen that the society still develops attitudes and behaviors suitable for the characteristics of Turkish culture. In addition, Indonesian society also has its own characteristics, and the way in which Indonesia implements democracy also refers to the situation of a multi-ethnic country, so every policy made by the government takes great care not to cause political turmoil in the society. In this study, the researcher places more emphasis on the theories and concepts of democracy related to Türkiye and Indonesia. Several theories related to democracy are used to support this research in order to provide a clear picture of democracy in Türkiye and Indonesia.