Claim Missing Document
Check
Articles

Found 25 Documents
Search

Paradigmatic Conflict of Law on Narcotics and Legislative Synchronization with the New Indonesia Criminal Code Linda Ikawati; Rengga Kusuma Putra; Satriya Nugraha; Sitta Saraya; Retno Eko Mardani
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p03

Abstract

This study analyzes the paradigmatic dilemma of Indonesia’s narcotics law: the necessity of strict prosecution against transnational syndicates versus the humanitarian crisis of prison overcrowding caused by the incarceration of addicts. Law Number 35 of 2009 concerning Narcotics embodies a philosophical dualism (retribution vs. rehabilitation), yet its implementation is dominated by a punitive orientation. The purpose of this research is to analyze the philosophical tension within Law 35/2009 and project the implications of its legislative synchronization with the restorative principles in the new Criminal Code (Law 1/2023). The method used is normative juridical with a prescriptive character, utilizing statutory, conceptual, and comparative approaches. The results conclude that the new Criminal Code risks significant failure in resolving the capacity crisis due to restrictions on alternative sanctions for crimes carrying penalties of over five years, which covers the majority of Narcotics cases. The codification attempt also potentially weakens the prosecution of transnational crimes due to the incomplete adoption of special investigation techniques. The primary recommendation is a firm legislative synchronization that separates jurisdiction: the new Criminal Code as lex generalis for minor users, and the Narcotics Law as a strengthened lex specialis to target dealers, supported by the implementation of factual decriminalization based on public health.
Paradigmatic Conflict of Law on Narcotics and Legislative Synchronization with the New Indonesia Criminal Code Linda Ikawati; Rengga Kusuma Putra; Satriya Nugraha; Sitta Saraya; Retno Eko Mardani
Kertha Patrika Vol. 47 No. 3 (2025): Reinterpreted Civil, Administrative, and Criminal Law into Indonesia Legal Dev
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2025.v47.i03.p03

Abstract

This study analyzes the paradigmatic dilemma of Indonesia’s narcotics law: the necessity of strict prosecution against transnational syndicates versus the humanitarian crisis of prison overcrowding caused by the incarceration of addicts. Law Number 35 of 2009 concerning Narcotics embodies a philosophical dualism (retribution vs. rehabilitation), yet its implementation is dominated by a punitive orientation. The purpose of this research is to analyze the philosophical tension within Law 35/2009 and project the implications of its legislative synchronization with the restorative principles in the new Criminal Code (Law 1/2023). The method used is normative juridical with a prescriptive character, utilizing statutory, conceptual, and comparative approaches. The results conclude that the new Criminal Code risks significant failure in resolving the capacity crisis due to restrictions on alternative sanctions for crimes carrying penalties of over five years, which covers the majority of Narcotics cases. The codification attempt also potentially weakens the prosecution of transnational crimes due to the incomplete adoption of special investigation techniques. The primary recommendation is a firm legislative synchronization that separates jurisdiction: the new Criminal Code as lex generalis for minor users, and the Narcotics Law as a strengthened lex specialis to target dealers, supported by the implementation of factual decriminalization based on public health.
The DPR's Legitimacy Crisis in Democracy: Philosophical Reflections on Formalistic Meaningful Participation Rengga Kusuma Putra; Retno Saraswati; Lita Tyesta Addy Listya Wardhani; Satriya Nugraha; Rico Septian Noor
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 4 JULI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to analyze the legitimacy crisis of the House of Representatives (DPR) in Indonesia's democratic system through a philosophical reflection on formalistic meaningful participation practices. The research questions address the philosophical concept of legitimacy, the causes of formalistic participation, its implications for DPR legitimacy, and the ideal model of meaningful participation. The study employs normative legal research with statutory and conceptual approaches, using primary data from legislation and secondary data from scholarly literature and academic journals. The findings reveal that meaningful participation in the legislative process remains procedural and symbolic, thus failing to produce substantive legitimacy. This condition leads to declining public trust and the emergence of pseudo-legitimacy. Therefore, a transformation toward a more inclusive, deliberative, transparent, and outcome-oriented model of meaningful participation is necessary to strengthen the legitimacy of the DPR within a democratic system.
Akselerasi Literasi Perpajakan Digital Berbasis CoreTax System dan Model Keuangan Maslahah di Ekosistem Perdesaan Saras Meilia Puspitasari; Esa Nafisah Wati; Oktiara Aulia Ningrum; Sapna Auliya Musyahadah; Rengga Kusuma Putra
Karya Nyata : Jurnal Pengabdian kepada Masyarakat Vol. 3 No. 2 (2026): Juni : Karya Nyata : Jurnal Pengabdian kepada Masyarakat
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/karyanyata.v3i2.3367

Abstract

The planned implementation of the CoreTax Administration System as a form of tax digitalization carries the risk of creating a digital divide and resistance from rural communities due to a lack of information. Therefore, this Community Service (PkM) program was initiated to enhance citizens' tax literacy while introducing the concept of village financial management that is transparent, accountable, and beneficial (maslahah). The partners for this program are located in Bodeh District, Pemalang Regency, consisting of village treasurers, PKK women cadres, and local MSME actors. The implementation method was carried out in three phases: the preparation stage, field implementation through interactive education based on academic manuscript modules (3 strengthening sessions), and impact evaluation. The PkM results indicate a collective increase in partner understanding of up to 80%. Misconceptions regarding new tariff burdens were successfully clarified; village treasurers now understand the efficiency of pre-populated data features and the Unified Monthly Tax Return (SPT Masa), MSME actors have gained clarity on tax exemption regulations for annual turnovers under IDR 500 million, and PKK cadres have committed to adopting the Family Portal to realize smart financial maslahah. The sustainability of this program is recommended through the organization of tactical hands-on workshops and the establishment of a Village Digital Tax Literacy Corner.
Judicial Activism and Constitutional Norm Creation in Indonesia’s 2024 Elections Retno Eko Mardani; Rengga Kusuma Putra; Fifiana Wisnaeni; Aprista Ristyawati; Satriya Nugraha
JURNAL USM LAW REVIEW Vol. 9 No. 4 (2026): DECEMBER
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v9i4.14177

Abstract

This study aims to examine the exercise of judicial activism by the Indonesian Constitutional Court in decisions concerning the 2024 General Election, particularly its contribution to constitutional norm formation and its implications for electoral legal certainty. Employing doctrinal legal research, this study applies statutory, conceptual, and case approaches to selected Constitutional Court decisions that directly affected electoral regulation and raised questions concerning the scope of judicial authority and norm creation. The findings demonstrate that the Court’s constitutional interpretation extended beyond the conventional function of a negative legislator by modifying electoral thresholds, candidate eligibility requirements, and the institutional timing of elections. The analysis identifies four cumulative indicators through which constitutional interpretation may evolve into judicial law-making: departure from the ordinary textual meaning of legislation, formulation of standards not expressly established by the legislature, immediate normative consequences, and general binding effect (erga omnes). The novelty of this study lies in developing an integrated conceptual framework that uses these four indicators to distinguish legitimate constitutional interpretation from judicial activism and judicial norm creation within Indonesia’s constitutional system. The findings further indicate that judicial activism may strengthen constitutional rights protection and democratic participation when addressing genuine constitutional deficiencies, but excessive intervention may undermine separation of powers, legal certainty, and electoral stability. Accordingly, future constitutional adjudication in electoral matters should be grounded in constitutional text and principles, accompanied by institutional restraint and consideration of the temporal and systemic consequences of judicial intervention.