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All Journal Perspektif Hukum Jurnal Sosial, Politik dan Budaya (SOSPOLBUD)
Murdoko
Universitas Widya Mataram Yogyakarta
Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Perspektif Hukum

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Disparitas Penegakan Hukum di Indonesia (Analisis Kritis Kasus Nenek Minah dalam Perspektif Hukum Progresif) Murdoko
Perspektif Hukum VOLUME 16 ISSUE 2
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v16i2.53

Abstract

This paper examines the law enforcement in public domain. The court decisions on many cases often undergo disparities that deny the sense of justice. The disparities increasingly appear when the case comes to people who have political or economic power. However, when the case comes to the poor, who do not have power and so on, the law can be very sharp to enforce. In perspective of the progressive law, the case of Nenek Minah is ideally not relevant to prosecute at the court. In fact, that case shows that the working of the law in Indonesia is still based on the text rather than the context. The law enforcement is solely based on the written provisions (legalistic-positivistic) without paying attention to sociological dimension, so that the law enforcement is still far away from the purpose of law that is able to present the real justice.
Co-Authors Edi Prianto Rossita Trijaya Novia Vicki Dwi Purnomo