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All Journal LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan LEX OMNIBUS : JURNAL HUKUM TATA NEGARA DAN ADMINISTRASI NEGARA MALA IN SE : JURNAL HUKUM PIDANA, KRIMINOLOGI DAN VIKTIMOLOGI
Maniur sinaga
Universitas Dirgantara Marsekal Suryadarma Bekasi, Indonesia
Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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ARSITEKTUR EMPATI DAN INTERAKSI SOSIAL POSITIF SEBAGAI UPAYA PENCEGAHAN PERUNDUNGAN DI LINGKUNGAN SATUAN PENDIDIKAN Asri, Ardison; Caesar Kusuma Atmaja, Aria; Sinaga, Maniur; Dzulkarnain, Ariefin; Cahyo Haryono, Yohanes
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 2 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Agustus)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v2i2.60

Abstract

This study is based on the end of 2023 notes released by the Federation of Indonesian Teachers' Unions that the number of bullying cases in Indonesia reached 30 (thirty) cases that had been reported and processed by the authorities. Of that number, 80% occurred under the Ministry of Education, Culture, Research, and Technology and 20% of cases occurred in educational units under the Ministry of Religion, with the distribution of cases occurring at the junior high school/equivalent level as much as 50%, elementary school/equivalent as much as 30%, high school/equivalent as much as 20%. Even from a number of these cases, some cases have resulted in fatalities. Ironically, some of these bullying cases occurred in educational unit environments. Therefore, it is very interesting to study efforts to prevent bullying in educational unit environments through the approach of empathy architecture and positive social interaction. To answer these problems, a normative legal research method supported by empirical research was used. From the results of the study, it was found that the issue of school architecture is one of the triggers for bullying in the educational unit environment because bullying tends to occur in certain areas or places in the educational unit environment due to a lack of monitoring and supervision. However, bullying is not only caused by architectural factors but also social factors. The existence of positive social interactions where relationships between individuals are based on mutual respect, respect for differences, empathy, and cooperation that involve good relationships between students and students, students and teachers, and students with other school staff. When this continues to be developed, students feel accepted and appreciated, so they tend to be more confident and have a sense of belonging to the school.
ETIKA MORAL DAN INTEGRITAS TERSELENGGARANYA SISTIM DEMOKRASI PEMILIHAN LANGSUNG KEPALA DAERAH 2024 SESUAI NILAI YANG TERKANDUNG DALAM PANCASILA Sinaga, Maniur
LEX OMNIBUS : Jurnal Hukum Tata Negara dan Administrasi Negara Vol. 1 No. 2 (2024): LEX OMNIBUS : Jurnal Hukum Tata Negara Dan Administrasi Negara (Desember)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN

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Abstract

Democracy is a main pillar in the Indonesian government system which is based on the 1945 Constitution and adopts a presidential system with direct elections every five years. General Elections (Pileg and Pilpres) and Regional Head Elections (Pilkada) are part of the Pancasila Democracy system which emphasizes ethics and morals in the nation and state. Pilkada as a form of democracy provides constitutional rights for citizens to elect regional leaders who are considered worthy. This direct election strengthens the democratic system with the principles of direct, general, free, and secret (Luber), but faces major challenges, including the potential for disputes in court. This study uses a normative research method with a statutory regulatory approach and case studies on the implementation of democracy in the 2024 Pilkada. The legal basis used includes Law No. 10 of 2016 concerning Pilkada and Law No. 7 of 2017 concerning Elections, which are a follow-up to the Constitutional Court Decision No. 14 of 2013. The results of this study indicate that there is a close relationship between the values ​​of Pancasila and democracy in the 2024 Pilkada, especially in the aspects of justice, equal rights, and political participation based on national ethics and morals. However, the implementation of Pancasila values ​​in the democratic process still faces challenges, such as money politics, hoaxes, and political polarization that can erode the integrity of the election. Therefore, it is necessary to strengthen ethics and morals in the 2024 Pilkada through political education, strict law enforcement, and optimization of the role of election organizers and supervisors.
IMPLEMENTASI KEBIJAKAN RESTORATIVE JUSTICE DALAM PERKARA TINDAK PIDANA KECELAKAAN LALU LINTAS DI POLRES JAKARTA BARAT (STUDI PERIODE 1 JANUARI S/D 31 JULI 2025) Sinaga, Maniur; Rahmat, Diding; Wendra, Ario
MALA IN SE: Jurnal Hukum Pidana, Kriminologi, dan Viktimologi Vol. 2 No. 2 (2025): MALA IN SE: Jurnal Hukum Pidana, Kriminologi Dan Viktimologi (October)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/mis.v2i2.219

Abstract

The resolution of criminal cases through restorative justice at the investigation stage is regulated in the Chief of Police Circular Letter Number 8 of 2018 concerning the Implementation of Restorative Justice in the Settlement of Criminal Cases. This circular stipulates that cases must be resolved through restorative justice before the Notification Letter on the Commencement of Investigation (SPDP) is sent to the Public Prosecutor. Additionally, the application of restorative justice is only applicable to crimes that do not result in human victims, leading to various challenges in its implementation.This study employs a normative-empirical juridical method with a legislative and case approach. Primary data collection was conducted through field research, while secondary data was obtained through literature review. The research findings indicate that the implementation of restorative justice in resolving serious traffic accident cases at the West Jakarta Metro Police was carried out by investigators after a peace agreement was reached between the perpetrator and the victim’s family. However, this reconciliation occurred after the investigators had already sent the SPDP to the West Jakarta Attorney General’s Office, resulting in the discontinuation of the case proceedings.Several factors influence the implementation of restorative justice in resolving serious traffic accident cases, including law enforcement factors, legal substance factors, and legal culture factors. Law enforcement factors relate to the knowledge and understanding of investigators regarding the applicable laws and regulations. Legal substance factors refer to the content of the Chief of Police Circular Letter, which sets material requirements that do not accommodate the resolution of cases involving human victims, as well as formal requirements that limit the application of restorative justice only to the investigation stage before the SPDP is sent. Meanwhile, legal culture factors reflect the values, attitudes, and behaviors of society in social life, which also influence decisions to resolve traffic accident cases through a restorative justice approach. The combination of these three factors demonstrates the complexity of implementing restorative justice, particularly in cases involving loss of life, highlighting the need for further adjustments and evaluation of existing regulations.
Co-Authors Ardison Asri Aria Caesar Kusumaatmaja Cahyo Haryono, Yohanes Diding Rahmat Dzulkarnain, Ariefin Wendra, Ario