Ishviati Joenaini Koenti
Fakultas Hukum Universitas Janabadra

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IMPLEMENTASI UNDANG-UNDANG OTONOMI KHUSUS DI PROVINSI PAPUA DALAM MEWUJUDKAN KESEJAHTERAAN MASYARAKAT PAPUA Rosdiana Baso Rante; Ishviati Joenaini Koenti; Endang Sulistyaningsing
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (579.25 KB) | DOI: 10.37159/jmih.v2i2.783

Abstract

The province of Papua, which is geographically located on the eastern Indonesia, is the largest province with abundant natural resources. But in reality various policies in centralized governance and development have not fully fulfilled the sense of justice, have not fully enabled the achievement of people welfare, have not fully supported the realization of law enforcement, and have not fully demonstrated respect for human rights in Papua Province, especially the Papuan people. These conditions caused disparities in almost all sectors of life, especially in education, health, economics, culture and social politics, so the Government tried to overcome these problems by providing policies with Special Autonomy in Papua Province. In 2001 the Government legalized the Law No. 21 of 2001, On Special Autonomy for the Papua Province in order to ensure equal distribution of public welfare.Purpose of this study is to find out the implementation of the special autonomy law in the Papua Province in realizing the welfare of the Papuan people. Also to know the obstacle factors faced in the implementation of the special autonomy law in Papua Province. And to find out what solutions are carried out by the Regional Government of the Province of Papua to overcome the problems in the implementation of the special autonomy law.The methods that used in this study are by determine the subject and object of the study, the characteristic of the study, types and sources of data, data collection techniques, and data analysis methods.The results of this study are based on conclusions, namely: 1The implementation of the special autonomy law in the Papua Province has been carried out in accordance with the direction of the Central Government. However, in realizing social welfare for the Papuan people, they still need the struggle and hard work of all elements of people and the local Government in Papua Province; 2 Obstacle factors that came up due to inconsistencies of the Central Government and the Papua Local Government have not been able to apply Special Autonomy maximally; and 3 what the Central Government has to do is to seriously implement this law consistently, avoiding policies that can result in collision of interpretation with the Special Autonomy law. So that the suggestions are 1the Central Government is expected to not carry out policies that collide with special Autonomy laws; 2 The Local Government needs to do two things, namely the realignment of the regional government management system, and the improvement of managerial capacity for regional government officials; and 3 There needs to be a separation between the special autonomy law of Papua Province and West Papua Province.
PERAN DENSUS 88 ANTI TEROR POLRI DALAM DERADIKALISASI NARAPIDANA TERORISME DAN MANTAN NARAPIDANA TERORISME DI WILAYAH HUKUM JAWA TENGAH SEBAGAI UPAYA PENEGAKAN HUKUM Mahfud Suwono Jati; Ishviati Joenaini Koenti; Sigit Setyadi
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (560.743 KB) | DOI: 10.37159/jmih.v2i2.789

Abstract

Terrorism is considered extraordinary crime, therefore, Indonesian government issued Law No. 15 of 2003 and Law No. 9 of 2013 and formed Detachment 88 Anti-Terror Unit. Terrorism is driven on the basis of ideology so that Densus 88 AT employs de-radicalization in handling the terrorists and former terrorists. De radicalization aims to change radical ideology. Most of the terrorists and former terrorists who have been deradicalized do not change their radical ideologies easily. The former terrorists instead commit to terrorism over and over again by recruiting new members found in correctional institutions. This is juridical empirical research based on social issues. The research specification is analytical descriptive research. The primary data was taken from an interview with de-radicalization officers in the police headquarters. Meanwhile, the secondary data was taken from literature study. The data collection was conducted by applying field research, literature, and interviews. The data analysis employs qualitative descriptive method.The study results the following conclusions: The role of Densus 88 AT in de radicalization of terrorists and former terrorists in Central Java used identification, re-socialization, reeducation and monitoring; The obstacles encountered by Densus 88 AT were that there was no law regulating the de-radicalization so that the terrorists and former terrorists were not obliged to follow the de-radicalization, the number of the de-radicalization officers was not balanced with that of the terrorists and former terrorists and not all of the officers joined the de-radicalization training, the correctional institution for the terrorists was not separated from that for the famous criminals, accordingly they potentially taught radical doctrines to the famous criminals, the views and attitudes of the society despising the former terrorists’ relatives make them rejoin terrorist networks.
IMPLEMENTASI CUTI BERSYARAT SEBAGAI WUJUD PEMBINAAN BAGI NARAPIDANADI RUMAH TAHANAN NEGARA KELAS IIA YOGYAKARTA A. Vinda Paramitasari; Ishviati Joenaini Koenti; Sigit Setyadi
Kajian Hasil Penelitian Hukum Vol 2, No 2 (2018): November
Publisher : Universitas Janabadra

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (486.894 KB) | DOI: 10.37159/jmih.v2i2.790

Abstract

The imprisonment system initially emphasizes elements of revenge and enmity. But now the system of imprisonment is seen no longer in line with the concept of rehabilitation and social reintegration that aims to make inmates acceptable again by the community and no longer repeat the mistakes he made. One of the stages of coaching that every prisoner must take is the stage of social reintegration. Every prisoner who is in Rumah Tahanan Negara Kelas IIA Yogyakarta must follow in an orderly manner every specific guidance and activity program conducted by Rumah Tahanan Negara Kelas IIA Yogyakarta. If in the coaching program runs well, then the inmates who follow the program are entitled to an appreciation, one of which is the provision of Conditional Leave.The results obtained in this study are the mechanism of the release of conditional leave declaration and the implementation of conditional leave in Rumah Tahanan Negara Kelas IIA Yogyakarta.