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All Journal Rechtsidee Journal of Indonesian Legal Studies Ajudikasi : Jurnal Ilmu Hukum WAJAH HUKUM Awang Long Law Review Unes Law Review Rechtsregel : Jurnal Ilmu Hukum JUSTISI SIGn Jurnal Hukum AL-Ishlah : Jurnal Ilmiah Hukum Pamulang Law Review Legal Spirit Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Risalah Hukum Journal of Lex Theory (JLT) Journal of Lex Philosophy (JLP) Golden Ratio of Data in Summary Innovative: Journal Of Social Science Research Qawanin Jurnal Ilmu Hukum Fundamental : Jurnal Ilmiah Hukum
Razak, Askari
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Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Penunjukan Gubernur oleh Presiden dalam Wacana RUU Daerah Khusus Jakarta: Kontroversi dan Orientasi Razak, Askari
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1455

Abstract

The Special Capital Region of Jakarta Bill has generated controversy regarding the proposal to grant the President the authority to appoint the Governor. Despite concerns about conflicting with regional autonomy, this provision is considered crucial for maintaining the stability of the capital. This research aims to analyze the controversy surrounding the mechanism of the President's appointment of the Governor in the bill and formulate an ideal policy orientation to bridge the interests of the central and local governments. A normative method, utilizing legislative and case law approaches, is employed to examine primary, secondary, and tertiary legal materials, qualitatively analyzing the controversy and policy orientation. The study identifies the controversy arising from Article 10, paragraph (1), allowing the President's direct appointment, potentially undermining citizen participation and democratic principles. To balance central and local government interests, policy orientation can refer to Law No. 23 of 2014, involving direct election of the Governor by the people, with additional conditions and recommendations from the central government. Aligning the Governor of Jakarta's term with the President's and establishing a Jakarta Consideration Council involving both central and local government elements ensures checks and balances. Detailed tasks for the Governor regarding the coordination of national development programs in Jakarta, along with incentives and affirmative policies from the central government, support the region's development as the capital.
The Effectiveness of Law Enforcement on Cybercrime: A Case Study of Online Fraud in South Sulawesi Syahfallah, Zulfan Akbar; Razak, Askari; Salle, Salle
SIGn Jurnal Hukum Vol 7 No 2: Oktober 2025 - Maret 2026
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v7i2.557

Abstract

The escalation of cyber fraud offenses within the South Sulawesi Regional Police’s jurisdiction poses serious challenges for law enforcement authorities, particularly given the limitations of conventional regulatory instruments that fail to address the characteristics of digital crime. This research aims to conduct an in-depth analysis of law enforcement disparity triggered by the normative gap between the application of Article 378 of Law Number 1 of 1946 and Law Number 11 of 2008 and its amendments, evaluate structural and cultural obstacles distorting investigation effectiveness, and project a systemic solution through the transition to Law Number 1 of 2023. Employing a socio-legal research method with a qualitative approach, this study integrates doctrinal analysis with empirical data obtained through in-depth interviews with investigators, judges, and victims. The results reveal crucial facts regarding regulatory disharmony, where law enforcement officials experience inertia in exercising their authority to cut off digital access due to unprepared forensic infrastructure at the regional level and low public legal literacy. This phenomenon creates a paradox of blunt law enforcement and perpetuates disparities in court verdicts. In conclusion, this study asserts that partial reform is no longer adequate to address the complexity of cybercrime. The study’s implications include concrete steps, such as formulating standard operating procedures aligned with Article 493 of Law Number 1 of 2023, forensic laboratory decentralization, and adopting internet access rights revocation sanctions as a futuristic sentencing strategy that guarantees legal certainty and restorative justice.
The Legal Construction of Electoral Crimes in the Indonesian Legislative Framework Kadir, Muhammad Fadel; Mappaselleng, Nur Fadhilah; Razak, Askari
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/jy300x32

Abstract

This study examines the legal construction of electoral crimes within the Indonesian legislative framework. Elections in Indonesia are constitutionally mandated to be conducted in a direct, general, free, secret, honest, and fair manner as stipulated in Article 22E of the 1945 Constitution. To safeguard these principles, various statutory regulations have been enacted, particularly Law No. 7 of 2017 on General Elections and Law No. 10 of 2016 on Regional Head Elections. This research employs a normative legal method with statutory, conceptual, and analytical approaches to analyze the formulation of electoral criminal norms, the structure of offenses, legal subjects, protected legal interests, and sanction mechanisms. The study finds that the regulation of electoral crimes has been systematically constructed through a multi-layered framework consisting of constitutional provisions, statutory regulations, general criminal law, and implementing regulations. However, several issues remain, including ambiguity in the formulation of offense elements, overlap between administrative, ethical, and criminal violations, limited regulatory reach over digital-based electoral offenses, and inconsistencies in sanction proportionality. These challenges affect the effectiveness of electoral law enforcement and the protection of fundamental electoral principles. Therefore, harmonization and reformulation of electoral criminal norms are necessary to ensure clearer offense elements, stronger legal certainty, and a sanction system that proportionally protects the integrity of electoral processes and democratic legitimacy in Indonesia
Juridical Analysis of Legal Certainty in the Resolution of Land Rights Disputes in Makassar City Saputri, Zaqia Rezky Intan; Kamal, Muhammad; Razak, Askari
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/9vpze114

Abstract

This study analyzes legal certainty in the resolution of land rights disputes in Makassar City and identifies factors affecting the effectiveness of non-litigation dispute settlement. Land disputes remain a significant legal issue in Indonesia, particularly in rapidly developing urban areas. This research applies a combined normative and empirical legal approach with qualitative analysis. Normative research examines legal norms and regulations governing land dispute resolution, while empirical research explores their implementation in practice. Data were collected through literature review, interviews, and field observations involving judges, officials of the National Land Agency (BPN), and legal practitioners in Makassar. The findings indicate that although mediation and other non-litigation mechanisms offer faster and less costly solutions, their implementation remains suboptimal. The effectiveness of legal certainty is influenced by several factors, including community culture, legal knowledge, legal structure, legal awareness, and supporting facilities and infrastructure. Among these, facilities and infrastructure as well as community culture are the most dominant factors. Strengthening institutional capacity, improving mediator competence, and enhancing legal literacy are essential to improve non-litigation land dispute resolution in Makassar City
The Role of Provost in Enforcing Internal Police Discipline: A Juridical Study at Battalion C Pelopor, Mobile Brigade Corps (Brimob), South Sulawesi Regional Police AM, A. Muallim; Razak, Askari; Badaru, Baharuddin
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/8j8jab31

Abstract

This study examines the juridical function of the Provost in enforcing disciplinary law within the Indonesian National Police at Battalion C Pelopor of the Mobile Brigade Corps, South Sulawesi Regional Police. The research applies a sociological or empirical legal approach that analyzes law not only as written norms but also as legal behavior in institutional practice. Data were obtained through literature review, interviews, and observation involving police personnel, academics, legal practitioners, and members of the public. The findings show that the Provost serves as a strategic internal supervisory body responsible for monitoring, investigating, and enforcing disciplinary rules among police officers. The juridical basis of this function derives from Law Number 2 of 2002 on the Indonesian National Police and Government Regulation Number 2 of 2003 on Police Disciplinary Regulations. The study also reveals that disciplinary enforcement operates through systematic procedures such as reporting, investigation, and leadership decision-making. Its effectiveness, however, is influenced by legal substance, professionalism of officers, availability of facilities, community expectations, and organizational culture. Strengthening the capacity and independence of Provost personnel, improving legal awareness and professional ethics, and enhancing transparency in disciplinary processes are necessary to support institutional accountability and public trust in the police
Law Enforcement of the Crime of Human Trafficking against Indonesian Migrant Workers: An Analysis of Decision Number 1313/Pid.Sus/2023/PN Makassar Mukhsin, Muh. Adit Anugrah; Razak, Askari; Badaru, Baharuddin
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/

Abstract

This study aims to analyze law enforcement against the crime of human trafficking involving Indonesian migrant workers, as well as the judicial considerations in Decision Number 1313/Pid.Sus/2023/PN Makassar. This research employs a normative legal method using statutory, case, and conceptual approaches. The results indicate that, from a juridical perspective, law enforcement against human trafficking has a strong legal foundation in both national law and international instruments. The court decision reflects the application of the principle of material truth and the independence of judicial power through juridical and sociological considerations. However, there remain weaknesses in the sentencing aspect, which has not fully produced a deterrent effect and has not optimally fulfilled victims’ rights, particularly concerning restitution and recovery approaches. This study recommends strengthening sentencing policies oriented toward substantive justice through the integration of retributive and restorative approaches, enhancing victim protection, and improving coordination and capacity of law enforcement authorities in order to increase the effectiveness of law enforcement and protection for Indonesian migrant workers
Co-Authors A. Darmawansya Abdul Rauf Adrianto, Rio Ahdar, M. Bahri Ahmad A, Saiyed Akmal, Rizal Syahreza Astafiqul Alfaisar, Fantri AM, A. Muallim Amin, Fakhry Amri Amri Amus, Andi Zainal Akhirin Anugerah, Muh. Reza Arifin, Muhammad Ya'rif Arifin, Sri Rinjani Arsyad, Nasrullah Aswari, Aan Awwal, Farijs Badaru, Baharuddin Badri KM, M. Paridon Bontongan, Trilabali Buana, Andika Prawira Burhan Burhan, Burhan Deasy, Deasy Yuni Pratiwi Fahmal, A. Muin Hambali, Aswad Rachmat Hardianto Djanggih, Hardianto Husen, La Ode Ise, Muhammaf Jaya, Milda Rahmadhana Kadir, Muhammad Fadel Kaharuddin, Fadhilah Meuthia Kawu, Zulqisthi Hasbi Lestari, Eridani Tri Mappaselleng, Nur Fadhilah Mappaselleng, Nur Fadhillah Marham, Usman Megawati - Miftahul Khair Mohamad Hidayat Muhtar Muhammad Ishak Muhammad Kamal Muhammad Rifai Muin, Sri Amlinawaty A Mukhsin, Muh. Adit Anugrah Mulyani M, Melda Mursyid Djawas Naufal, M. Azharil Nawi, Syahruddin Nis, Ulfah Purnamasari Nurman Nurman Pawennei, Mulyati Pratama, Muh. Alwi R.S. Rakia, A. Sakti Rahman, Sufirman Risnaeni Risnaeni, Risnaeni Rivera, Kevin M. Rizki Ramadani Salle, Salle Saputri, Zaqia Rezky Intan Saragih, Geofani Milthree Satrio, M. Isfan Fajar Setiawan, Muh. Yusran Suastiyawani S, Sri Subari, Andi Akbar Sudarsono Sutiawati, Sutiawati Syahfallah, Zulfan Akbar Syahrul R, Syahrul Syamsuddin Syamsuddin Thalib, Hambali TL, A. Darmawansya Triananda, Rinal Krishna Umam, Wildan Syauqil Verawaty Verawaty Wardany, Prawira Wiguna, Tahya Cahya Yakub, A. Oddang Zaenal, Ashar Asy’ari