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KEBIJAKAN HUKUMAN MATI DAN PROBLEMATIKA PENERAPAN DITINJAU DARI HAK ASASI MANUSIA Abshar, Rijal Ulil
JURNAL AKTA YUDISIA Vol 8, No 2 (2023): Desember 2023
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v8i2.4748

Abstract

AbstractIndonesia is one of the countries that still maintains and acknowledges thelegality of the death penalty as one of the ways to punish perpetrators of criminalacts. Furthermore, the existence of the death penalty in Indonesia will continueto persist in the future, as it is retained as one of the criminal sanctions in thenew draft of the Criminal Code. The death penalty, in addition to being the mostsevere punishment, is also a highly daunting penalty, particularly for convictsawaiting execution. This research employs a normative juridical approach, amethod in which law is conceptualized as norms, rules, principles, or doctrines.The approach in this study utilizes secondary data comprising primary legalmaterials, secondary legal materials, and tertiary legal materials. Based on thefindings of this research, the policy of the death penalty, when viewed throughthe lens of Human Rights, significantly contradicts Human Rights principles as itpertains to the fundamental right to life. The 1945 Constitution of Indonesia, asthe written fundamental law of the nation, has declared that every individual hasthe right to life and the protection of that life.Keywords: the death penalty, death penalty policy, human rights
Potential of Traditions and Belief in Almighty God (YME) and Management Strategies for Cultural Resilience in Indonesia Ruslan, Idrus; Abshar, Rijal Ulil; Isnaeni, Ahmad
Analisis: Jurnal Studi Keislaman Vol 24 No 1 (2024): Analisis : Jurnal Studi Keislaman
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/ajsk.v24i1.22383

Abstract

The potential for traditions and beliefs in God Almighty in Indonesia reflects cultural richness which includes a variety of traditional and spiritual practices from various tribes and regions. This tradition is not only a cultural heritage, but also a spiritual foundation in people's daily lives. To maintain this cultural diversity, a good and sustainable management strategy is needed. This research is qualitative descriptive analytical, using a holistic approach involving various methods of literature analysis, literature study, and theoretical approaches. The data analysis techniques used include data reduction, data display, and formulating conclusions. The results of the study show that the potential for traditions and belief in God Almighty in Indonesia provides cultural richness through various traditional and spiritual practices from various tribes and regions. This tradition reflects deep spiritual values in everyday life. Management strategies for cultural resilience include comprehensive education about cultural heritage, cross-sector collaboration for the protection and development of traditions, and the use of technology to promote and preserve cultural values.
Sexual Violence Crime Reform in Indonesia: Political and Legal Characteristics of Its Formation Abshar, Rijal Ulil
As-Siyasi: Journal of Constitutional Law Vol. 4 No. 1 (2024): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v4i1.21172

Abstract

Handling sexual violence and gender-based violence remains a significant issue in Indonesia. The state plays a crucial role in ensuring the enforcement of laws against sexual violence by enacting Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS). This study aims to identify the legal characteristics of UU TPKS. The study employs the literature review method. This research is descriptive-analytic, focusing on normative juridical legal research. The results show that the state is obliged to provide human rights protection, particularly in the context of eliminating sexual violence. UU TPKS is characterized as a responsive legal product. It fulfils the state's duty to provide comprehensive legal protection, encompassing prevention, resolution, and mitigation of both psychological and material losses suffered by victims of sexual violence due to the introduction of new formulations regarding sexual violence crimes that were not present in previous legislation. The criminal law reform in UU TPKS aims to change the existing legal substance to enhance the effectiveness of law enforcement, address crime, and tackle social and humanitarian issues. UU TPKS will become the primary and foremost special regulation in combating Sexual Violence Crimes, complementing the existing legislation that previously regulated the substance of sexual violence crimes.