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The Role of Indonesian Legal Politics in the Development of the Indonesian Criminal Law System Based on the Fourth Principle Asy'asri, Moh Hasyim; Ramalus, Alex; Syam, Fauzi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3894

Abstract

The source of Indonesian criminal law comes from the Criminal Code (KUHP) whose formation is carried out by political institutions based on the aspirations of the people in accordance with the fourth principle of Pancasila or in other words, the formation of criminal law is inseparable from legal politics. This research is important to study with the aim of knowing the role of legal politics in the formation of the Indonesian criminal law system based on the fourth precept of Pancasila. The research method used is normative juridical research method using statutory approach, case approach, comparative approach, conceptual approach. The results of this study show that legal politics is the basic policy of state administrators in the field of law that will, is and has been in effect, which originates from the values prevailing in society. Legal politics cannot be separated from the formation of the Indonesian criminal law system, because the formation of criminal law is carried out by the legislative body that represents the aspirations of the community. The role of legal politics in the enforcement of the criminal law system in Indonesia is to realize the objectives of the law, namely providing justice, certainty, and expediency.
KEPASTIAN HUKUM CYBER NOTARY DALAM KAEDAH PEMBUATAN AKTA NOTARIS DAN PPAT TERKAIT BERHADAPAN OLEH PARA PIHAK Ramalus, Alex
Jurnal Hukum dan Keadilan Vol. 1 No. 1 (2023): JHK-December
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v1i1.44

Abstract

Indonesia is a state of law with a form of state government contained in the 1945 Constitution. This concept was born from the struggle of the Indonesian people to break away from the entanglement and arbitrary actions of the authorities. Globalization encourages cultural, economic, social and legal developments that become the basis of thought for all parties involved. The most obvious current of globalization is the rapid development of information technology known as the Digitalization 4.0 Era. This is supported by the ease of accessing information via the internet. The development of information and communication technology cannot be separated from the concept that humans are social creatures. The process of managing conventional legal products that can only be accessed offline can now be done online, known as cyber notary. The research method used is normative juridical research. The research was conducted by examining theories, concepts and laws and regulations related to the research. Until now there is no specific law governing cyber notary in Indonesia. The establishment of a special law on cyber notary is needed to provide legal certainty in the implementation of cyber notary, so that it has a stronger evidentiary value as an authentic deed. The implementation of Cyber notary can be facilitated by electronic signatures or fingerprints to create an authentic deed
The Role of Indonesian Legal Politics in the Development of the Indonesian Criminal Law System Based on the Fourth Principle Asy'asri, Moh Hasyim; Ramalus, Alex; Syam, Fauzi
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 5 No. 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3894

Abstract

The source of Indonesian criminal law comes from the Criminal Code (KUHP) whose formation is carried out by political institutions based on the aspirations of the people in accordance with the fourth principle of Pancasila or in other words, the formation of criminal law is inseparable from legal politics. This research is important to study with the aim of knowing the role of legal politics in the formation of the Indonesian criminal law system based on the fourth precept of Pancasila. The research method used is normative juridical research method using statutory approach, case approach, comparative approach, conceptual approach. The results of this study show that legal politics is the basic policy of state administrators in the field of law that will, is and has been in effect, which originates from the values prevailing in society. Legal politics cannot be separated from the formation of the Indonesian criminal law system, because the formation of criminal law is carried out by the legislative body that represents the aspirations of the community. The role of legal politics in the enforcement of the criminal law system in Indonesia is to realize the objectives of the law, namely providing justice, certainty, and expediency.