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MORAL EDUCATION AS A REINFORCEMENT OF LEGAL EDUCATION IN AN EFFORT TO ACHIEVE PUBLIC COMPLIANCE WITH THE LAW rd. Dewi Asri Yustia
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5191

Abstract

Legal education is one of the efforts made to provide legal awareness for the community, this needs to be done because it sees the phenomenon of increasingly rampant legal problems carried out by the community. If you look at the data on violations of the law released by the National Police, namely 276,507 crimes that occurred in Indonesia throughout 2022, and increased by 7.3% compared to the previous year, so it is estimated that crimes occur every 2 minutes when calculated every hour. Looking at the data, it can be seen that legal education that continues to be built and provided as if there is no benefit, no impact, so that it is as if legal education does not have any impact on changing people's behavior. How to strengthen legal education as an effort to provide legal awareness for the community, and how to model the right educational collaboration so that legal compliance by the community can be achieved. This study is the result of legal research using the legal approach and the norm approach as the basis of philosophy. Legal awareness is the awareness that exists in every human being about that law, a certain category of our lives by distinguishing between legal and non-law. Awareness of what law is means awareness that law is the protection of human interests, because law is a rule that has a function to protect human interests.
“Rule-Bending” Pertanggungjawaban Pelaku Pelanggaran Hak Asasi Manusia Berat dalam Kasus Penghilangan Paksa dan Keadilan Transisi yang Progresif Indah Pangestu Amaritasari; Anthon F. Susanto; Dewi Asri Yustia
Jurnal HAM Vol 17 No 2 (2026): Edisi Agustus
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2026.17.99-123

Abstract

This paper examines how the implementation of liability for gross human rights violators in transitional justice contexts often involves "rule-bending." It focuses on the tension between legal norms and the interests of authorities, particularly in cases of enforced disappearances, concerning command responsibility. Taking into account the Indonesian case and comparing it to the implementation of the liability prosecution process in various countries, this research employed a socio-legal method and crime semiotics to deconstruct the law for analysis purposes. The research employed the rule of law theory by Lon Fuller as the grand theory, progressive law theory by Satjipto Rahardjo as the middle theory, and the liability theory of gross human rights violations, particularly in relation to Law No. 26 of 2000 as applied theory. The research results indicate that the rule-bending of processing the liability of gross human rights violators, particularly in the case of enforced disappearances, is associated with negative rule-bending, which involves a culture of autocratic legalism. The progressive law and transitional justice provide a solution to what this research indicates, which is the novelty of the research, as a transformative law model that covers the system of law and the individuals, particularly law enforcement officers, to be progressive: having compassion, empathy, and daring to prosecute the liability of past gross human rights violators.