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All Journal Masalah-Masalah Hukum Jurnal Hukum PRO JUSTITIA Veritas et Justitia Humaniora Reformasi Hukum Lex Scientia Law Review
Shidarta Shidarta
Unknown Affiliation
Humanities Education Law, Crime, Criminology & Criminal Justice

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KETIDAKPASTIAN GLOBAL DAN TANGGAPAN PENDIDIKAN TINGGI HUKUM Shidarta, Shidarta
Veritas et Justitia Vol. 8 No. 1 (2022): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/vej.v8i1.5674

Abstract

This article is a commentary to President Joko Widodo’s message in a speech given at the celebration of the UNPAR’s dies natalis in 2022, i.e. that manager of higher education institutions should adequately anticipate global uncertainty caused by the advance of industrial society 4.0 and the resulting technological disruptions. The comments given is made based on two different perspectives: legal scholars or academics n and practicing lawyers. In any case, those responsible for the management of higher education should respond to global uncertainty by developing skills to manage big data and other strategic steps. 
Position for the Formulation of the Principle of Ultimum Remedium in the Criminal Law Codes in Various Countries Adhari, Ade; Pujiyono, Pujiyono; Shidarta, Shidarta; Widyawati, Anis; Suryani, Leony Sondang
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.14061

Abstract

This article provides a comprehensive analysis of a fundamental and universal principle in criminal law: the principle of ultimum remedium. This principle advocates for the use of criminal sanctions as a last resort, to be employed only when all other avenues have been exhausted. The primary focus of this study is to examine how the principle of ultimum remedium is articulated within the criminal codes of various countries. The countries selected for this analysis—Germany, Slovenia, Croatia, the Czech Republic, Kosovo, Montenegro, and Kyrgyzstan—were chosen randomly. By scrutinizing these formulations, the study aims to delineate an ideal framework for the application of the ultimum remedium principle. This research utilizes a doctrinal methodology, and through this lens, the article finds that legislators in numerous countries frequently integrate the principle of ultimum remedium implicitly within provisions that address basic principles and limitations of the use of criminal law, basic principles and limitations of criminal law enforcement, basic principles and limitations of criminal sanctions, and basics of criminal accountability. Nonetheless, some countries have explicitly codified the principle of ultimum remedium within provisions titled "The Principle of Subsidiarity of Criminal Repression." These articulated principles serve as crucial guidelines for legislators and law enforcement authorities.
The Philosophy of Law as a Gateway to Understanding Law Asa, Agam Ibnu; Shidarta, Shidarta
Reformasi Hukum Vol 29 No 3 (2025): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i3.1284

Abstract

The philosophy of law plays a foundational role in conceptualizing law beyond its formal structure as written rules, particularly in legal systems marked by tensions between positive law and substantive justice, such as Indonesia. This study examines how philosophy of law functions as an epistemic gateway to understanding the nature, authority, and normative grounding of law by integrating classical and modern jurisprudential traditions. Employing a juridical-philosophical method with a qualitative-descriptive approach based on doctrinal and theoretical analysis, the research engages natural law theory, legal positivism, legal realism, and critical approaches. The findings indicate that the relationship between law and morality cannot be reduced to a rigid dichotomy; instead, these traditions provide complementary analytical frameworks for assessing legal validity, legitimacy, and justice. By situating these perspectives within Indonesia’s plural legal context, the study demonstrates the continuing relevance of philosophical inquiry for legal interpretation and institutional reform. It concludes that strengthening philosophical foundations in legal education is essential to foster reflective legal reasoning and to bridge the gap between formal legality and substantive justice.
Co-Authors Ade Adhari Anis Widyawati Asa, Agam Ibnu Koos, Stefan Pujiyono Pujiyono Suryani, Leony Sondang