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All Journal Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Jurnal Hukum Caraka Justitia
Slamet Sarwo Edy, Slamet Sarwo
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Humanities 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.
Co-Authors Dini Dewi Heniarti Hery Widijanto Mustafa Soge, Albertus D