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All Journal Constitutional Law Review
Bone, Sholihin
Unknown Affiliation
Environmental Science Law, Crime, Criminology & Criminal Justice

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Power Dynamics and Social Relations in Law Enforcement: A Critical Theory Perspective on the Ferdy Sambo Case Bone, Sholihin; Fitri, Rizki Rahayu; Cahyaning, Citra; Solehuddin, Solehuddin; Maria, Anna
Constitutional Law Review Vol. 3 No. 2 (2024)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v3i2.5642

Abstract

This study analyzes the verdict in the Ferdy Sambo case through the lens of Critical Theory and Habermas' deliberative democracy to understand how law operates within power structures. Using a qualitative, critical-legal approach based on Habermas' framework, it examines court decisions, media reports, and institutional dynamics. The findings reveal that law is influenced by political and institutional dynamics rather than being fully neutral. The Supreme Court’s reduction of Ferdy Sambo’s sentence from death to life imprisonment reflects institutional compromise to preserve social stability and the police’s image. Technological manipulation, such as CCTV footage deletion, and public and media pressures during the trial further illustrate how legal communication is distorted by power relations. The study highlights the need for legal reforms beyond procedural aspects, emphasizing more democratic and inclusive communication mechanisms. Referring to Habermas' theory, it stresses that transparency and accountability are crucial to prevent law from merely legitimizing elite interests and to promote law as a means of social emancipation
The Urgency of Protecting Children from Physical and Sexual Violence: A Human Rights Perspective Bone, Sholihin
Constitutional Law Review Vol. 3 No. 1 (2024)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v3i1.5595

Abstract

This research aims to analyze the urgency of protecting children from acts of physical and sexual violence in Balikpapan City from a human rights perspective. Violence against children not only damages the victims psychologically and physically but also threatens their future. This research uses empirical juridical methods with a statutory and comparative approach. Data was collected through interviews with stakeholders and analysis of legislation and related literature. The research results show that although existing regulations have run child protection efforts in Balikpapan City, there are still various obstacles, such as low public awareness, limited facilities and infrastructure, as well as challenges in dealing with victims with disabilities. From a human rights perspective, child protection is a state obligation that includes respecting, protecting, and fulfilling children's rights. This research recommends increasing public outreach and education, strengthening digital protection policies, collaborating with religious leaders, and improving assistance services and infrastructure to ensure more effective protection. With integrated and sustainable efforts, children's rights in Balikpapan City are hoped to be better protected, allowing them to grow and develop in a safe and supportive environment
Co-Authors Cahyaning, Citra Fitri, Rizki Rahayu Maria, Anna Solehuddin Solehuddin