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All Journal Jurnal Hukum Caraka Justitia
Patty, Johny Harry Isabela
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Humanities Law, Crime, Criminology & Criminal Justice

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Kegentingan yang Memaksa dalam Pembentukan Peraturan Pemerintah Pengganti Undang-Undang (Perppu) Nomor 1 Tahun 2022 : Studi Mengenai Pemilihan Umum di Papua Patty, Johny Harry Isabela
Jurnal Hukum Caraka Justitia Vol. 3 No. 1 (2023)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (199.205 KB) | DOI: 10.30588/jhcj.v3i1.1515

Abstract

The primary purpose of this research is to examine and find out the causes of the concept of urgency compelling in the formation of Peraturan Pemerintah Pengganti Undang-Undang (Perppu) Number 1 of 2022 to replace Law Number 7 of 2017 concerning general elections in Papua. The approach method used is normative juridical. This approach is intended to be a type of descriptive research concerning laws. Furthermore, the specification of this research is descriptive-analytical. Methods of data collection using library research that tests the document materials and library materials used in this study. The data were analyzed qualitatively normative, namely conducting research by interpreting and constructing statements contained in statutory regulations.This research discusses the formation of government regulation in lieu of law for changes to law Number 7 of 2017 concerning general elections in Papua, considering that extraordinary policies and steps are needed to anticipate the impact of the formation of four new provinces namely South Papua, Central Papua, Papua Mountains, and Southwest Papua. It is intended that the 2024 Election will continue according to schedule and stages so as to create domestic political stability.
Analisis Lesbian, Gay, Bisexsual, dan Transgender (LGBT) Anggota Tentara Nasional Indonesia dalam Perspektif Hukum Pidana Militer: Kajian Berdasarkan Putusan Pengadilan Slamet, Sarwo Edy; Patty, Johny Harry Isabela
Jurnal Hukum Caraka Justitia Vol. 5 No. 2 (2025)
Publisher : Universitas Proklamasi 45

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30588/jhcj.v5i2.2427

Abstract

The Indonesian National Armed Forces (TNI) are not immune to LGBT behavior, as evidenced by several military court rulings and Supreme Court decisions that have further reinforced this precedent. The purpose of this research is to understand homosexual behavior within the TNI, the processes for resolving such cases, and, in addition, to contribute ideas for addressing the related legal issues. The research method employed is a literature study of several legal sources, including primary legal materials, binding legal materials, and tertiary legal references, which serve as complementary support. Military courts have convicted TNI members engaged in homosexual acts by applying Article 103 of the Indonesian Military Criminal Code, broadening the interpretation of the phrase “official orders” to include orders related to service, encompassing the development and guidance of TNI soldiers. Furthermore, the expanded meaning of “directed to individuals” also includes orders addressed to military units, where in practice such orders are deemed to have been conveyed to members of the unit, including the defendant. The Commander of the TNI’s Telegram Letter (ST) serves as the basis for resolving cases of homosexual conduct among TNI personnel, substantively containing prohibitive norms against homosexual acts, with its classification carrying the force of an order.
Co-Authors Slamet, Sarwo Edy