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Keberadaan Hukum sebagai Ilmu Pengetahuan dan Social Engineering dalam Tataran Tata Tertib Masyarakat Tetty Melina Lubis; Arief Fahmi Lubis; Parluhutan Sagala; Tiarsen Buaton
Jurnal Pengabdian Masyarakat Waradin Vol. 2 No. 1 (2022): Januari : Jurnal Pengabdian Masyarakat Waradin
Publisher : Sekolah Tinggi Ilmu Ekonomi Pariwisata Indonesia Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/wrd.v2i1.353

Abstract

In prescriptive, legal science studies the purpose of law, the values of justice in a law, the good and bad of the rule of law, legal concepts and legal norms. While in applied science, law establishes a procedure, provisions, and limitations in enforcing a legal rule. The purpose of this study is to show that placing the law as a social phenomenon that is only viewed externally; Rather, it enters into the essence of the internal side of the law. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research is carried out. The results of this study show that in each such discourse, the question will be answered: Why is law still needed when there are already other social norms? What does the law want? In a discourse like this, legal science will open a study of legal purposes. So that what is actually going to be deal with is ideal.
Penundukan Militer pada Pengadilan Khusus Tertentu: Non Yustisiabel Peradilan Militer Tetty Melina Lubis; Arief Fahmi Lubis; Parluhutan Sagala; Tiarsen Buaton
Jurnal Pengabdian Masyarakat Waradin Vol. 3 No. 3 (2023): September : Jurnal Pengabdian Masyarakat Waradin
Publisher : Sekolah Tinggi Ilmu Ekonomi Pariwisata Indonesia Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/wrd.v3i3.354

Abstract

Military courts are regulated through Law No. 31 of 1997 concerning Military Courts. The authority of the military court is authorized to adjudicate criminal acts (general and military, ed), of course, those whose crimes are committed by soldiers of the Indonesia National Army (TNI). The purpose of this study is to show how the military is subordinated in special courts. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research is carried out. The results of this study show that it confirms that the military is also subject to the provisions of a special court.
Penegakan Hukum dalam Mengadili Anggota Militer yang Melakukan Tindak Pidana Umum dalam Perspektif Kepentingan Militer Tetty Melina Lubis; Tiarsen Buaton; Arief Fahmi Lubis; Parluhutan Sagala
CENDEKIA: Jurnal Ilmu Sosial, Bahasa dan Pendidikan Vol. 1 No. 4 (2021): CENDEKIA: Jurnal Ilmu Sosial, Bahasa dan Pendidikan
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/cendekia.v1i4.3152

Abstract

The punishment imposed on TNI soldiers is actually heavier than the punishment that applies in the general court. The punishment imposed on TNI soldiers is not only limited to prison sentences or fines imposed, but sometimes for serious criminal offenders are often sentenced to additional penalties in the form of dishonorable dismissal (PDTH) from military service. The purpose of this study is to show that for legal subjects with military status, the role of superiors who have the right to punish or called the term Ankum is very dominant. For military members involved in criminal acts, two punishments are imposed, namely first, in the form of disciplinary punishments imposed in the form of punishments for postponement of promotion, demotion to dismissal. This research is qualitative that uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research is carried out. The results of this study show that the determination of absolute competence based on the emphasis on the consequences of the losses incurred can be said to be in line with what is stated in Article 3 paragraph (4) letter a of TAP MRP Number VII of 2000 concerning the Role of the Indonesia National Army and the Role of the National Police of the Republic of Indonesia which reads that "Soldiers of the Indonesia National Army are subject to the power of the general judiciary in the case of general criminal offenses." It is strengthened by Article 65 paragraph (2) of the TNI Law which reads "Soldiers are subject to the power of the military judiciary in the event of a violation of the military criminal law and are subject to the power of the general judiciary in the event of a violation of the general criminal law regulated by the Law."
Penegakan Hukum sebagai Percepatan Pengamanan Lahan IKN Guna Meminimalisir Potensi Konflik di Kawasan Inti Pusat Pemerintahan (IPP) dalam Rangka Keamanan Nasional Tetty Melina Lubis; Tiarsen Buaton; Arief Fahmi Lubis; Parluhutan Sagala
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 1 (2024): Januari : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i1.695

Abstract

This article discusses the importance of law enforcement in accelerating the security of IKN (State Capital) land to minimize potential conflicts in the Central Government Core Area (IPP). Effective law enforcement can help prevent conflicts and ensure national security. This article explores the role of law enforcement in securing IKN land and how this can contribute to national security.
Restorative Justice in Military Justice Practices in Domestic Violence Cases Committed By TNI Soldiers Verena Jessica Giovani; Tetty Melina Lubis; Hamzah Rokhmat
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 4: October 2024
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i4.6042

Abstract

Not only does the TNI community experience a high rate of domestic violence in Indonesia, but there have also been numerous instances of TNI soldiers engaging in violent domestic relationships. Nearly every TNI soldier who violates domestic abuse laws faces a prison sentence. In actuality, handling domestic abuse crimes can be better accomplished by using restorative justice as an alternative. In line with the goals of Law Number 23 of 2004 for the Elimination of Domestic Violence, this study will address the use of restorative justice to assist attempts to return the situation to its pre-violent state. This study's empirical juridical methodology is bolstered by a case approach derived from the Military Court II 08 Jakarta's ruling. The study's findings show that, from 2016 to 2022, TNI members who commit domestic abuse have never received additional therapy from Military Court II 08 Jakarta. Furthermore, the Panel of Judges has utilized the principle of Restorative Justice in multiple instances of domestic violence committed by TNI soldiers based on legal considerations. It should be noted, however, that there are no guidelines or regulations governing the implementation of Restorative Justice in the military justice system. Thus, in order for Military Court Judges to use Restorative Justice in the Military Court System, it is imperative that SEMA and internal TNI provisions be issued.
Mitigasi Hukum Pemerintah Daerah Provinsi Nanggroe Aceh Darussalam pada Krisis Pengungsian Etnis Rohingya dalam Rangka Menjaga Wilayah Pertahanan Negara Tetty Melina Lubis; Arief Fahmi Lubis; Parluhutan Sagala; Tiarsen Buaton
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 1 (2023): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v2i1.4224

Abstract

This article discusses the legal mitigation efforts of the Nanggroe Aceh Darussalam provincial government in response to the Rohingya refugee crisis. The crisis poses a threat to national defense and security, and the government must take legal measures to mitigate its impact. The article examines the legal strategies employed by the government to address the crisis and protect the nation's territorial defense.
Peran Hukum Adat Dalam Penanggulangan Bencana Pandemi Dan Bencana Alam Dalam Bela Negara Guna Menjaga Kedaulatan Negara Arief Fahmi Lubis; Parluhutan Sagala; Tetty Melina Lubis
Majelis: Jurnal Hukum Indonesia Vol. 2 No. 1 (2025): Februari : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v2i1.471

Abstract

This study examines the efforts of National Defense carried out by referring to the management of reserve components in the form of indigenous communities in managing the pandemic and natural disasters. Many indigenous institutions have shown extraordinary abilities in responding to crises quickly and effectively. The purpose of this study is to show that local indigenous institutions play a key role in coordinating aid and reconstruction efforts. The mutual cooperation system that is deeply embedded in the indigenous social structure allows for the rapid mobilization of community resources to help victims and begin the recovery process. Qualitative research uses a descriptive approach to collect data systematically, factually, and quickly according to the description when the research was conducted. The results of this study indicate that the integration of local wisdom in disaster mitigation also has the potential to strengthen the resilience of the community as a whole. By respecting and utilizing local knowledge, disaster mitigation efforts are not only more effective but also more accepted and supported by the local community in order to maintain state sovereignty.
Uniformity in The Legislative Process Following Constitutional Court Rulings Parluhutan Sagala; Arief Fahmi Lubis; Tetty Melina Lubis
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 2 No. 1 (2025): Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v2i1.473

Abstract

Constitutional Court rulings are final and binding, having a direct impact on the validity of existing legal regulations. This study aims to highlight the lack of uniformity in the legislative steps taken after Constitutional Court decisions. Employing a qualitative, descriptive approach, the research systematically collects data to provide an accurate and timely representation of the current legislative context. The findings reveal that the inconsistency in legislative processes following Constitutional Court rulings contributes to legal uncertainty, underscoring the necessity for standardized procedures in the legislative follow-up.
Skorsing dan Sanksi Administratif bagi Prajurit TNI bagi Prajurit yang Melakukan Pelanggaran Hukum Tetty Melina Lubis; Tiarsen Buaton; Arief Fahmi Lubis; Parluhutan Sagala
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 1 No. 3 (2022): September: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v1i3.4234

Abstract

The provision of suspension sanctions and administrative sanctions is intended as an effort to train personnel and to provide a deterrent effect for law violators, as well as to prevent being imitated by other TNI soldiers. The purpose of this study is to show that TNI soldiers are different from civilians who are only bound by general legal rules, TNI soldiers in addition to being bound by general legal rules are also bound by military legal rules (military discipline law and military criminal law), so it can be said that it is not easy for a TNI soldier when faced with the enforcement of legal rules Qualitative research uses a descriptive approach to collect data systematically, factual, and fast according to the picture when the research is carried out. The results of this study show that for TNI soldiers who violate the law, being suspended and administrative sanctions are two things that are closely related to the legal process and personnel development, this condition causes a separate burden for a TNI soldier who violates the law because it has an impact on his career and income.
Physiological Symphony of the Human Body: An Interpretation of the Integrative Dynamics of the TNI Joint Operations Yogi Nugroho; Tetty Melina Lubis; Parluhutan Sagala; Arief Fahmi Lubis
J-CEKI : Jurnal Cendekia Ilmiah Vol. 4 No. 4: Juni 2025
Publisher : CV. ULIL ALBAB CORP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jceki.v4i4.9973

Abstract

The human body is a complex, integrative system where all its components work harmoniously to maintain balance and survival. The principle of homeostasis is the basis for maintaining this stability. In the context of national defense, the TNI Joint Operation adopts a similar approach, where synergy between the Land, Sea, and Air Forces is needed to ensure national integrity and sovereignty. Using the physiological analogy of the human body, this paper examines the dynamics of the TNI Joint Operation through a reflective and conceptual approach. Each organ of the human body is analogous to an operational element in the TNI, starting from the brain as the command center, nerves as the communication system, lungs as the mobility system, blood as the logistics network, muscles as the maneuvering force, and the skin as the defense layer. Emphasis is placed on coordination, adaptation to stressors, effective communication, and comprehensive integration between elements. This article concludes that applying physiological principles to the joint operation strategy will increase the effectiveness, flexibility, and resilience of the TNI in facing the complexity of contemporary threats.