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All Journal Jurnal Pranata Hukum Indonesian Perspective Hasanuddin Law Review Jurnal Bina Mulia Hukum Uti Possidetis: Journal of International Law Fox Justi : Jurnal Ilmu Hukum Indonesian Perspective Jurnal Mitrawarga Jurnal Pengabdian UMKM International Law Discourse in Southeast Asia
Agit Yogi Subandi
Fakultas Hukum Universitas Lampung
Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Death Penalty Criticism and Its Relevance in Indonesia's Modern Criminal Justice System: A Normative Analysis of Law No. 1 of 2023 Sona Asnawi; Agit Yogi Subandi; Mulyadi Mulyadi; Yandri Ahmad Rifandi; Nicodias Palasara
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 02 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

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Abstract

Criminal law reform in Indonesia continuously seeks to balance retributive justice with the protection of human rights, particularly regarding the existence of the death penalty. This study aims to analyze the fundamental concept of capital punishment, examine scholarly criticisms of its implementation, and evaluate its relevance within the modern legal system. Employing a normative legal research method with a literature-based approach, this study analyzes primary and secondary legal materials related to policies governing the formulation and application of the death penalty. The findings reveal that the principal criticisms of capital punishment concern the lack of conclusive empirical evidence supporting its deterrent effect and the risk of irreversible judicial errors. From the perspective of modern law, a significant paradigm shift has occurred, whereby the death penalty is no longer positioned as a principal punishment but rather as a special and alternative sanction, as stipulated in Law Number 1 of 2023 concerning the Criminal Code. This transformation reflects an effort to reconcile criminal justice objectives with contemporary human rights standards. The study concludes that the death penalty remains relevant in the modern legal era only when applied as an ultimum remedium (last resort) for extraordinary crimes, accompanied by careful consideration of human rights principles, proportionality, and substantive justice.
LEGAL PROTECTION OF LITERARY ARTISTS' COPYRIGHTS IN BANDAR LAMPUNG Agit Yogi Subandi; M. Wendy Trijaya; Made Widhiyana; Sepriyadi Adhan S; Sona Asnawi
PRANATA HUKUM Vol. 20 No. 1 (2025): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v20i1.382

Abstract

Literary works are a form of creative expression protected by Law Number 28 of 2014 concerning Copyright. Literary work copyright gives the author exclusive authority to manage and profit from his work. Bandar Lampung City artists have received much national and international recognition for their works, both in the form of poetry, short stories, novels and theater plays. However, the risk of copyright infringement increases with the influence and popularity of Bandar Lampung literary works. There are still many works by artists in Lampung, especially literature, that are modified and used by other people without the owner's permission. Therefore, this article will review the extent of knowledge of artists in Bandar Lampung. It is hoped that this outreach can help increase awareness of the Copyright Law in Lampung Province and the importance of protecting the works of literary artists.
VIOLATIONS, POLITICS, AND THE APPLICABILITY OF INTERNATIONAL LAW: IS INTERNATIONAL LAW DEAD? Agit Yogi Subandi; Isroni Muhammad Miraj Mirza; Rafika Rizky Aulia Rahman
PRANATA HUKUM Vol. 21 No. 1 (2026): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v21i1.444

Abstract

The contemporary of international relations are increasingly marked by various violations and instances of non-compliance with international law, particularly by powerful states. This phenomenon has given rise to the perception that international law has lost its binding force or is no longer relevant. This article addresses two main issues: whether violations and non-compliance can be understood as signs of the “death” of international law from the perspective of Hans Kelsen’s theory of norms, and how the political nature of international law affects its applicability and function, particularly for Indonesia. This study employs a normative legal research method with a conceptual and analytical approach. The analysis is conducted using Hans Kelsen’s Pure Theory of Law as the primary framework, particularly regarding the distinction between fact (sein) and norm (sollen) as well as the concept of legal validity, which is then supplemented by critical and constructivist perspectives on the relationship between law, politics, and power. The research findings indicate that violations do not signify the absence or demise of international law. On the contrary of that, violations actually presuppose the existence of the violated norm and thus affirm the validity of international law as a normative order. Furthermore, the political nature of international law does not negate its legal character; rather, it shapes international law as a normative instrument used to legitimize, limit, and direct the exercise of power within the international community. For Indonesia, international law remains a vital instrument for advancing national interests and building legitimacy within a global order that is not entirely equitable.
Empowering ASEAN Regional Integration Through European Union Model Under International Law (South China Sea Case Study) Isroni Muhammad Miraj Mirza; Agit Yogi Subandi; Andre Arya Pratama
Indonesian Perspective Vol 9, No 2 (2024): (Desember 2024)
Publisher : Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ip.v9i2.65262

Abstract

Regional integration in ASEAN has been a delicate and ongoing issue over the years. Such goal is hard to achieved due to the ASEAN Way, including its “Non-Intervention Principle” which consequently has transformed ASEAN into a governmental driven regional institution, instead of supranational organization. The case of South China Sea is one prime example of how incompetent ASEAN is in dealing with regional security threat inflicting its member states. This conflict poses an even larger threat if it is not tackled seriously. This paper uses Juridical normative method by looking at international legal instruments in analyzing ASEAN’s empowerment for regional integration to tackle regional security matters. By looking at EU Model as a source of reference. This paper shows ASEAN-EU relations has grown significantly and many believe ASEAN has the capacity to transform like the EU in the future. There are a number of international legal instruments which under serious amendment, can transform ASEAN towards that goal, particularly in helping to deal with the never ending South China Sea conflict.
Empowering ASEAN Regional Integration Through European Union Model Under International Law (South China Sea Case Study) Isroni Muhammad Miraj Mirza; Agit Yogi Subandi; Andre Arya Pratama
Indonesian Perspective Vol 9, No 2 (2024): (Desember 2024)
Publisher : Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ip.v9i2.65262

Abstract

Regional integration in ASEAN has been a delicate and ongoing issue over the years. Such goal is hard to achieved due to the ASEAN Way, including its “Non-Intervention Principle” which consequently has transformed ASEAN into a governmental driven regional institution, instead of supranational organization. The case of South China Sea is one prime example of how incompetent ASEAN is in dealing with regional security threat inflicting its member states. This conflict poses an even larger threat if it is not tackled seriously. This paper uses Juridical normative method by looking at international legal instruments in analyzing ASEAN’s empowerment for regional integration to tackle regional security matters. By looking at EU Model as a source of reference. This paper shows ASEAN-EU relations has grown significantly and many believe ASEAN has the capacity to transform like the EU in the future. There are a number of international legal instruments which under serious amendment, can transform ASEAN towards that goal, particularly in helping to deal with the never ending South China Sea conflict.
Co-Authors Abdul Muthalib Tahar Andre Arya Pratama Asnawi, Sona Asnawi, Sona Asnawi Desy Churul Aini Isroni Muhammad Miraj Mirza Isroni Muhammad Miraj Mirza M. Wendy Trijaya Melly Aida Melly Aida Mirza, Isroni Muhammad Miraj Mirza, Isroni Muhammad Miraj Mirza Mulyadi Mulyadi NAEK SIREGAR Nicodias Palasara Putri, Yunita Maya Rafika Rizky Aulia Rahman Rehulina Rehulina, Rehulina Ria Wierma Putri, Ria Wierma Sepriyadi Adhan S Siti Azizah Sona Asnawi Sona Asnawi Sona Asnawi Yandri Ahmad Rifandi Yunita Maya Putri