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All Journal Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Jurnal Hukum dan Peradilan Jurnal Hukum Caraka Justitia
Slamet Sarwo Edy, Slamet Sarwo
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Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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The Existence of Islamic Law in The Legal System And Constitution in Indonesia: Reflection of Islamic Legal Thought and Positive Law Mustafa; Soge, Albertus D; Edy, Slamet Sarwo
Jurnal Hukum Caraka Justitia Vol. 5 No. 1 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i1.2146

Abstract

The legal position of Islam in the Republic of Indonesia cannot be separated from the influence of the entry of Islam throughout the archipelago around 16-17 Hijri, where at that time the spreaders of Islam throughout the archipelago came from various Middle Eastern countries, such as India, Pakistan, Arabia, Egypt, Jordan, and others, they traded to the archipelago while spreading Islam, and on average they brought the Shafi'i school of thought. The historical journey of the transformation of Islamic Law with various dimensions, namely; historical, philosophical, political, sociological, and legal. The presence of Islamic Law in Indonesia can be seen from two sides, namely: Islamic law applies legally formally or codified in the National legal structure, so the current compilation of Islamic Law was born which recorded the regulations of Islamic Law that have been enforced so far. And Islamic Law applies normatively, namely; having sanctions or legal equivalents for the Muslim community. The 1945 Constitution, Indonesia's constitution, also expresses the character and spirit of Islam, a constitution that is neither theocratic nor secular.
A Study on Case Settlement Mechanisms: An Analysis of Desertion by TNI Members in the KODAM IV/Diponegoro Region Edy, Slamet Sarwo; Mustafa, Mustafa; Soge, Albertus D; Heniarti, Dini Dewi
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 7 No. 2 (2025)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v7i2.2042

Abstract

The crime of desertion committed by military members in the area of Military Area Command (Kodam) IV/Diponegoro is in first place among other crimes. This has occurred for the last three years, from 2021 to 2023. The crime of desertion hurts many people, especially the perpetrators, their families, the general public, and the state, which has spent a lot of money and effort to educate and train deserters. The method used in this research is the juridical-empirical method, and field research that examines the suitability between theory and practice in society. Factors causing military members to desert in the Kodam IV/Diponegoro area include not wanting to be a soldier anymore (low mentality and discipline), having debts, family problems, fraud and embezzlement, and problems with seniors or commanders. Prevention of desertion crimes is by applying strict laws, as well as conducting periodic and continuous unit development.
INDEPENDENSI SISTEM PERADILAN MILITER DI INDONESIA (Studi Tentang Struktur Peradilan Militer) Edy, Slamet Sarwo
Jurnal Hukum dan Peradilan Vol 6 No 1 (2017)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.6.1.2017.105-128

Abstract

Military Court is the body that conduct the judicial power in the Indonesian Military Force (TNI) scope to enforce law and justice. The Military Court does not culminate and not supervised by the Indonesian Military Force headquarters, but culminates and is supervised by the Supreme Court of the Republic of Indonesia. The Philosophy of  the occurrence of dependence in the first military justice system, because of the interest of the military (TNI) which is associated with its principal task of TNI is to defend the national sovereignty, for that reason, by putting the role of commander of the unit (Ankum) as well as kepaperaan within the law enforcement system. The Head of the district court also covers Military Court in his jurisdiction because of it the Head of district court becomes the Head of Military Court. The Registrar is automatically also the Registrar of Military Court, Head of State Prosecutors assigned as military prosecutor. These circumstances affect objections which are seen as unfavorable for military or military units. The authority of the Court is no longer based on the rank of the defendant, the hierarchy of court proceedings such as judges, military Prosecutors, defense attorneys, no longer use the rank but wearing a toga. Development of organizational, administrative, financial of Military Courts is fully under the Supreme Court held consequently as stipulated in the law of judicial power.  The execution of criminal act by military prison, executed equally as prisoner without discriminating the person by his rank.Keyword: dependency, independency, military justice system
Co-Authors Dini Dewi Heniarti Hery Widijanto Mustafa Soge, Albertus D