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Kedudukan Perkara Perdata Sebagai Prajudisial Dalam Proses Pidana: Analisis Terhadap Putusan Mahkamah Agung Amanda Bherlyana Putri; Gokma Toni Parlindungan S
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.425

Abstract

The relationship between civil cases and criminal cases is often problematic in judicial practice in Indonesia, especially when a criminal case is rooted in a civil conflict such as a dispute over ownership or agreement. In this context, questions arise regarding the position of civil cases as prejudicial, namely to what extent a civil case must be resolved first before a criminal case can be examined. This article aims to analyze the position of civil cases as prejudicial in the criminal process through a normative legal study with a statutory approach and case studies of Supreme Court decisions. The results of the study show that the Supreme Court in several of its decisions recognizes the existence of civil cases as a prejudicial basis that can postpone the criminal process, as long as the main criminal case is closely related to the determination of civil rights that are still in dispute. However, not all civil cases can immediately be used as a reason to suspend the criminal process. Therefore, a careful assessment by law enforcement officers of the substance of the case is needed to ensure legal certainty and protection of the rights of the parties in the judicial process.
Konsistensi Politik Hukum Dalam Pembentukan Undang-Undang Pasca Reformasi Rohma Sari; Gokma Toni Parlindungan S; Amanda Bherlyana Putri; Suci Nurjannah Yuansyah; Nabilla Amanda Putri
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.426

Abstract

Post-1998 Reformation, the Indonesian state system experienced a fundamental shift, including in the aspect of legal politics. The laws that were formed should reflect the direction of legal politics that are consistent with the ideals of reform, namely law enforcement, democracy, and protection of human rights. However, in practice, many legislative products show inconsistencies between normative goals and practical-political interests. This study aims to analyze the extent of the consistency of Indonesian legal politics in the formation of laws after the reformation. By using a normative and evaluative approach to several strategic laws after the reformation, it was found that intervention of power, weak public participation, and inconsistency of legislative principles are the main challenges. This study recommends strengthening legislative planning based on the legal needs of the community and improving national legislative governance.
Dinamika Pembentukan Undang-Undang Di Indonesia: Antara Kepentingan Politik Dan Kebutuhan Hukum Gokma Toni Parlindungan S
Journal of Global Legal Review Vol. 3 No. 1 (2025): Journal of Global Legal Review
Publisher : Universitas Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59963/jglegar.v3i1.427

Abstract

This article examines the dynamics of lawmaking in Indonesia by highlighting the tension between political interests and the legal needs of society. Through a juridical-normative approach and case study analysis, this study finds that the legislative process is still dominated by political elites and often ignores the principle of meaningful public participation. Information technology innovation through participatory digital channels has not been effective in boosting substantive citizen involvement due to weak infrastructure, digital literacy, and minimal institutional commitment. This imbalance between political interests and public aspirations has a direct impact on declining legal legitimacy, increasing social resistance, and low public trust in legislative institutions. This study recommends reforming the legislative system based on transparency, accountability, and protection of citizens' participatory rights as a strategic step to strengthen the quality of law and democracy in Indonesia.
PERAN KONSTITUSI DALAM PEMBENTUKAN NEGARA YANG DEMOKRATIS Parlindungan S, Gokma Toni; Miasiratni, Miasiratni
JCH (Jurnal Cendekia Hukum) Vol 11, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v11i1.1288

Abstract

The constitution is the primary foundation for establishing a democratic state. As the highest legal norm, the constitution regulates the division of power, guarantees human rights, and limits government authority to prevent abuse of power. This study aims to analyse the role of the constitution in (1) establishing a democratic system of government and (2) maintaining the sustainability of democracy in state administration. This study uses a normative legal research method with a comparative approach. Research data are sourced from secondary legal materials, including constitutional documents, laws and regulations, legal literature, and relevant scientific publications. The analysis is conducted descriptively and analytically to explain how constitutional mechanisms support democracy. The results show that the constitution plays a crucial role in establishing a democratic government through the principles of popular sovereignty, separation of powers, checks and balances, and protection of citizens' basic rights. In addition, the constitution helps maintain democracy by promoting political stability, legal certainty, the protection of minority groups, and adaptive constitutional reform in the face of social dynamics and global challenges. Thus, strengthening the implementation of the constitution and its adaptability are key factors in maintaining democracy.
A Study on: Implementation of Legal Philosophy Values Information Regional Regulations in Indonesia: A Study on: Implementation of Legal Philosophy Values Information Regional Regulations in Indonesia Parlindungan S, Gokma Toni; Kulal , Salamiah Muhd; Yadewani, Dorris
International Journal of Law Policy and Governance Vol. 5 No. 1 (2026)
Publisher : Asosiasi Dosen Peneliti Ilmu Ekonomi dan Bisnis Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54099/ijlpg.v5i1.1695

Abstract

The purpose of this study is to analyze the application of legal philosophy values in the formation of regional regulations in Indonesia, as well as to examine the suitability between legal philosophy values and regional regulations that have been formed. This study uses a descriptive analytical research type with a normative legal approach method. Research data were obtained from primary, secondary and primary legal materials. Data collection techniques were carried out qualitatively. The results of the study indicate that the application of legal philosophy values in the formation of regional regulations in Indonesia is still not optimal. This is due to several factors, such as a lack of understanding of the values of legal philosophy among regional regulation makers, minimal community participation in the process of forming regional regulations, and weak law enforcement. This study has limitations in its focus on the application of legal philosophy values and a lack of analysis of the impact of regional regulations that do not follow these values.