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All Journal LAW REFORM FIAT JUSTISIA: Jurnal Ilmu Hukum Arena Hukum Jurnal Hukum Novelty Jurnal Hukum IUS QUIA IUSTUM Jurnal Wawasan Yuridika Substantive Justice International Journal of Law Unes Law Review Pleno Jure Al-Adalah: Jurnal Hukum dan Politik Islam Corruptio Tax Literacy and Leadership Agility: Indigenous Peoples Awareness in Paying Taxes Yuridika Jurnal Cakrawala Ilmiah Golden Ratio of Law and Social Policy Review (GRLSPR) Qawanin Jurnal Ilmu Hukum
Rizki Ramadani
Faculty Of Law, Universitas Muslim Indonesia, Indonesia
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Journal : Yuridika

 1 
Regional Head Election During COVID-19 Pandemic: the Antinomy in the Government Policies Rizki Ramadani; Farah Syah Rezah
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (324.157 KB) | DOI: 10.20473/ydk.v36i1.23528

Abstract

Welcoming the simultaneous regional head election in 2020, it is expected to be an entry point in building a higher quality democracy in Indonesia. Initially, this year's election should be held on September 23. However, this plan must be constrained when the coronavirus disease 2019 (COVID-19) outbreak occurs and spread wildly all over the world including Indonesia, and was officially declared a pandemic by World Health Organization (WHO). When the number of positive cases and deaths continues to increase, the government decided to continue holding the regional election in the midst of the pandemic. Such policy created controversy and faced several challenges, especially regarding the government's inconsistency in fulfilling the rights of its people in the time of the pandemic. This article aims to explain and analyze the contradiction in the government policies from the antinomy of law and human rights perspective. This legal research is doctrinal research conducted using a conceptual, statutory, and case approach. The data will be described in a descriptive-prescriptive manner through qualitative analysis. The results of the analysis show that there are some contradictions between policies regarding physical distancing (both in the Large-Scale Social Restrictions (PSBB) and Health Protocol regulations) and the policy for holding Regional Head Elections during the pandemic. In essence, this contradiction is the antinomy between the aspects of public health and political rights. Antinomies occur when the government seeks to fulfill and guarantee political rights as well as public rights to health at the same time during a pandemic, which actually leads to mutual negation between these rights.
From Criminal Law to Customary Law: Incest as a Sexual Crime Hijriani Hijriani; Rizki Ramadani
Yuridika Vol. 37 No. 2 (2022): Volume 37 No 2 May 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i2.32830

Abstract

This study analyses several aspects of incest as a sexual crime, as well as its law enforcement, by comparing criminal law and Bugis customary law. This normative study was conducted by examining primary and secondary legal materials, which were then analysed qualitatively and descriptively. The findings indicate that incest can occur in the form of sexual violence caused by internal and external factors, such as psychological and family condition. Incest also has a very serious impact on victims, especially children. In terms of criminal law, the regulation of incest is spread across several laws such as obscenity in Criminal Code (KUHP); sexual intercourse with children in the Child Protection Law; and sexual violence against a family member in the PKDRT Law. However, in the Bugis customary law, incest is a sexual deviation against dignity and honour (siri’). On that basis, incest is determined as the most severe customary offense (malaweng) and is punishable by the death penalty. In principle, the criminal law and Bugis customary law both consider incest a prohibited sexual deviation. Although there are differences regarding the severity of sanctions against perpetrators, both legal routes have proven to be complementary and can be applied in court.
Co-Authors Aan Aswari Ali Rahman Amiruddin Amiruddin Anggreany Arief Anshari Nur, Muh. Nadzirin Arizqi Ihsan Pratama Azwad Rachmat Hambali Buana, Andika Prawira Farah Syah Rezah Hardianto Djanggih Hardianto Djanggih Hijriani Imran Eka Saputra. B Ma’ruf Hafidz Mirnawanti Wahab Moch Andry W W Mamonto Muh Naufal Ramli Muhammad Kamal Muhammad Naufal Ramli Muhammad Rinaldy Bima Musthafa Zahir Pregnon Claude Nahi Syahiruddin Latif Zainuddin