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All Journal Al Khawarizmi: Jurnal Pendidikan dan Pembelajaran Matematika JURISDICTIE Jurnal Hukum dan Syariah Unes Law Review Jurnal Esensi Hukum LEGAL BRIEF AMNESTI : Jurnal Hukum Jurnal Nuansa Akademik: Jurnal Pembangunan Masyarakat Jurnal Adijaya Multidisiplin
Muhammad Zaki Mubarrak
Universitas Jenderal Achmad Yani Yogyakarta
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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Journal : LEGAL BRIEF

 1 
Analysis of Indonesia's Constitutional System in Overcoming The Lame Duck Session Period After The General Election (Case Study: Legislation Productivity of Legislative Institution in Indonesia) Muhammad Ulil Absor; Muhammad Zaki Mubarrak
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.981

Abstract

This study discusses specifically about the Lame Duck Session period that occurred in Indonesia, Lame Duck can be said to be a situation where officials who are not re-elected but still sit in office until new officials are sworn in, the phenomenon arises because of a long time lag between polling day to inauguration day. this research aims to find out and analyze specific rules, as well as the political strategy of state law in overcoming and controlling the Lame Duck Session after the general election. The method used in this research is a type of normative legal research with a statutory approach and comparative legal sourced from secondary data, literature data by being analyzed qualitatively. The urgency of legal regulation regarding Lame Duck Session in Indonesia needs to be regulated, especially in the constitution of the 1945 Constitution, this is because there is no clear regulation compared to several other countries that have been contained in the highest constitution. However, in the constitutional system, not only law but politics or power is also an important instrument in the formation and exploration of law, especially in the constitutional law system to overcome a phenomenon such as the Lame Duck Session
Analysis of Decision Number 23/Pid.Sus-Anak/2024/Pn Smn Concerning the Sentencing of a Child Perpetrator of a Narcotics Crime Based on Restorative Justice Vynky, Vynky; Mubarrak, Muhammad Zaki
LEGAL BRIEF Vol. 14 No. 3 (2025): August: Law Science and Field
Publisher : IHSA Institute

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Abstract

This study aims to analyze the judicial reasoning behind the sentencing of a juvenile involved in a narcotics offense and evaluate the application of restorative justice principles in Decision Number 23/Pid.Sus-Anak/2024/PN.Smn at the Sleman District Court. Utilizing a normative juridical research design with statutory and case approaches, the research relies on the analysis of legal documents, statutory provisions, and court decisions. The findings indicate that the judge's considerations encompassed both juridical factors, such as the fulfillment of evidentiary standards and legal provisions, and non-juridical aspects, including the child’s age, behavior, and social background. Despite the presence of mitigating circumstances and the legal eligibility for diversion, the restorative justice mechanism was not applied. This reflects a prevailing punitive orientation in narcotics-related juvenile cases, revealing a disjunction between the protective framework under the Juvenile Justice Law and the stringent enforcement of the Narcotics Law. The study concludes that there is an urgent need for greater integration of restorative justice principles in juvenile drug cases to ensure rehabilitative outcomes and uphold the best interests of the child
Analysis of Indonesia's Constitutional System in Overcoming The Lame Duck Session Period After The General Election (Case Study: Legislation Productivity of Legislative Institution in Indonesia) Ulil Absor, Muhammad; Mubarrak, Muhammad Zaki
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.981

Abstract

This study discusses specifically about the Lame Duck Session period that occurred in Indonesia, Lame Duck can be said to be a situation where officials who are not re-elected but still sit in office until new officials are sworn in, the phenomenon arises because of a long time lag between polling day to inauguration day. this research aims to find out and analyze specific rules, as well as the political strategy of state law in overcoming and controlling the Lame Duck Session after the general election. The method used in this research is a type of normative legal research with a statutory approach and comparative legal sourced from secondary data, literature data by being analyzed qualitatively. The urgency of legal regulation regarding Lame Duck Session in Indonesia needs to be regulated, especially in the constitution of the 1945 Constitution, this is because there is no clear regulation compared to several other countries that have been contained in the highest constitution. However, in the constitutional system, not only law but politics or power is also an important instrument in the formation and exploration of law, especially in the constitutional law system to overcome a phenomenon such as the Lame Duck Session
Co-Authors Alkiram, Shaheb Carnadi, Cesa Deah Rama Anuggrah Deby Zulkarnain Rahadian Syah Jihan Romadhona Nusa Joko Susilo Joko Susilo Joko Susilo Matutu, Thalia Christine Marchsyelldi Putri Deanouva Muhammad Ulil Absor Pertiwi, Deni Santi Redani Suryanata, Andi Sheila Kusuma Wardani Amnesti Susanti Susanti Ulil Absor, Muhammad Utami, Fathia Vynky, Vynky Widi Anis Pambudi