Yohana Sekar Pawening
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Ketiadaan Urgensi Wajib Militer Di Indonesia Yohana Sekar Pawening; Irwan Triadi
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Oktober : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v1i4.1995

Abstract

In the Constitution of the Republic of Indonesia article 30 paragraph (1) Every citizen is entitled and obliged to participate in the defence and security efforts of the state and paragraph (2) The defence and security efforts of the state are carried out through a universal people's defence and security system by the Indonesian National Army and the Indonesian National Police of the Republic of Indonesia as the main force, and the people as a supporting force. This relates to the development of state security and resilience efforts, one of which is the conscription efforts that have been implemented in several countries such as South Korea and Thailand. But military training in Indonesia is only given to the Indonesian National Army, which in essence is something that is directly related to the profession being undertaken. This study uses a descriptive research method which approaches by collecting literature data and analysed by the author. The results of this study confirm that currently Indonesia does not need conscription because it is not in a state of emergency or war for a long period of time so far.
Pengaruh Penting Negosiasi Pencicilan Dan Pelacakan Aset Terkait Penyelesaian Uang Pengganti Dalam Undang-Undang Nomor 3 Tahun 1971 Yohana Sekar Pawening; Ahmad Ahsin Thohari
Jurnal Relasi Publik Vol. 2 No. 3 (2024): Agustus : Jurnal Relasi Publik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jrp-widyakarya.v2i3.3361

Abstract

Settlement of Money in Lieu aims to provide legal certainty for arrears of Money in Lieu decided by the Court as an additional punishment against the convicted person in a corruption case based on Law Number 3 of 1971 concerning Eradication of Corruption and the decision is legally binding. The author will write about the importance of negotiation and asset tracking related to Non Litigation Settlement of Money in Lieu. The research method between quantitative methods and qualitative methods to be used together in a research activity, so as to obtain comprehensive, valid, reliable and objective data. This is related to the ability of the convict or ex-convict or heirs who have arrears of compensation money to immediately resolve the arrears, which are stated in the Minutes of Negotiations conducted by the State Attorney Team of the work unit and the findings of Asset Tracking. This can be an income in the Central Government that does not come from tax revenues (PNBP) related to State Finance.
Penerapan Teori Hukum Alam Dalam Legalitas Kepemilikan Tanah Alisya Rahma Saebani; Yohana Sekar Pawening; Taufiqurrohman Syahuri
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2016

Abstract

Natural law is everything that exists in accordance with the rules of the universe. This law also proves that there are fundamental demands in human life that are evident in their existence as reasonable beings. Humans should not follow their irrational instincts, but rather considerations of reason and moral sense. In Indonesia, this is regulated in Law No. 5/1960 on the Basic Regulation of Agrarian Principles (UUPA). With the regulation of this Law, the Indonesian people have the legality of land ownership in this case the rights and legal protection for the land owned and used for survival. But currently there is still a lack of socialization of rural communities, especially inland, of the importance of ownership of legal land ownership certificates.
Perbandingan Asas-Asas Hukum Pidana Umum dengan Hukum Pidana Militer pada Sistem Peradilan di Indonesia Saskia Nursukma; Yohana Sekar Pawening; Irwan Triadi
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 4 (2024): Desember : Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v1i4.360

Abstract

This study focuses on examining the comparison between the principles of general criminal law and military law applied in the justice system, through a comparative method with a normative juridical approach used as a comparative identification process of the two legal systems which includes the process of examination, trial, sentencing and consideration of legal principles. The difference in nature between general criminal law and military law is that general criminal law (Commune delicta) which anyone can carry out, is the opposite of Military Law as a special crime (Delicta proparia) which can only be carried out by certain people, in this case by a military man. Based on a literature study to see the principles of implementing the two laws, this study aims to show how the comparison of the two systems is applied, reviewing aspects of Human Rights, Justice and Legal Certainty in the legal justice system in Indonesia.
Penerapan Hukum Darurat Militer Saat Konflik Gerakan Aceh Merdeka Yohana Sekar Pawening; Irwan Triadi
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.376

Abstract

The emergence of the resistance movement, of course, because there are factors that influence it. The birth of DI/TII in Aceh was caused by the central government's policy to merge Aceh province into North Sumatra province on August 8, 1950. This paper will explain the application of emergency military law. Specifically during the conflict that occurred in the Aceh region which led to the formation of the Free Aceh Movement from 1976 to 2005. By using normative legal research methods. The trigger for the proclamation of Aceh's independence was the exploitation of Aceh's natural resources during the Soeharto era, where petroleum and natural gas were managed by Exxon Mobil Oil Indonesia which caused regional sentiment, that all Aceh's wealth was sent to Jakarta, even Hasan Tiro once said Aceh should have the advantage of its natural resources like Brunei Darussalam. The Presidential Decree (Keppres) to launch a massive military operation in Aceh had been drafted long before, after cabinet meetings held at the Palace, as well as through the deliberations of the people's representatives in Senayan, Jakarta in early 2003. The aim was to crush the Free Aceh Movement (GAM). The Helsinki MOU is one of the negotiations carried out between the Government of the Republic of Indonesia and the Free Aceh Movement held in Helsinki, Finland, August 15, 2005 creating a new system and method of relations between the central government and the Aceh government, which is fully supported by the international community.