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All Journal JURNAL HUKUM Awang Long Law Review JURNAL ILMIAH ADVOKASI
Yusuf DM, Mohd.
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PROTECTION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS Yusuf DM, Mohd.; Nofarizal, Dedi; Putra, Fransiskus; Hutagaol, Hendra Dm; Monarchi, Try Krisna
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1256

Abstract

The crime of genocide is often associated with crimes against humanity but when viewed in depth the crime of genocide is different from crimes against humanity, where the crime of genocide is aimed at groups such as nations, races, ethnicities or religions while crimes against humanity are aimed at citizens and civilians. The demand for the resolution of cases of human rights violations has prompted the birth of Law Number 39 of 1999 concerning Human Rights which was later followed by Law Number 26 of 2000 concerning the Human Rights Court which is intended to answer various problems of human rights violations, especially gross human rights violations. Article 7 of the Human Rights Court Law states that the crime of genocide is a crime that violates gross human rights because it is committed by killing, causing severe suffering, extermination, coercion by groups and even the forcible transfer of children from one group to another. Thus the human rights court law expressly provides threats to the perpetrators. The method used is normative legal research. Based on the results of the research, it is known that the Crime of Genocide and its Implications in Law Number 39 of 1999 concerning Human Rights that the crime of genocide is one of the most serious forms of human rights violations, involving systematic efforts to destroy certain groups based on ethnicity, religion, or race. Law No. 39/1999 on Human Rights has not specifically and in detail regulated the crime of genocide and the elements of the crime. This has led to a lack of a strong and comprehensive legal framework to prosecute perpetrators of genocide, as well as provide justice and legal certainty for victims.
The Idea of the Bottom-Up Paradigm to Top-Down in Regional Arrangement in Indonesia Indra, Mexsasai; Saragih, Geofani Milthree; Artina, Dessy; Yusuf DM, Mohd.; Mahardika, Ahmad Gelora
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.17-36

Abstract

The reformation era in Indonesia emphasized regional autonomy, resulting in the creation of numerous regions, as affirmed by Articles 18, 18A, and 18B of the 1945 Constitution. Laws Number 22 of 1999 and 23 of 2014 supported a bottom-up paradigm, allowing local communities to propose new regions. However, not all proposals were accepted by the central government, leading to national integration threats and community conflicts. This approach has resulted in unequal development and delays due to conflicting interests between local communities and the central government. Such imbalances have fostered resentment and hindered cohesive national development. This research proposes a top-down approach where the central government fully oversees regional expansion. By centralizing the decision-making process, resources and development opportunities can be more evenly distributed, reducing conflicts and streamlining administrative procedures. The urgency of this shift is underscored by the potential risks to national unity and stability under the current system. The proposed top-down approach aims to enhance the efficiency and effectiveness of state administration, ensuring that regional autonomy contributes positively to national cohesion and progress.
ANALISIS FAKTOR PENGHAMBAT PENEGAKAN HUKUM PIDANA DI INDONESIA DALAM PERSPEKTIF TEORI LAWRENCE FRIEDMAN Yusuf DM, Mohd.; Saragih, Geofani Milthree; Setiawan, Feri; Sitompul, Hasran Irawadi; Berson, Hendri
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6369

Abstract

This study aims to analyze the factors hindering law enforcement in Indonesia through the perspective of Lawrence Friedman's legal system theory, which consists of legal structure, legal substance, and legal culture. The research employs a normative legal method with statutory and conceptual approaches. Data were analyzed from primary and secondary legal materials and correlated with relevant empirical practices. The findings reveal that the main obstacles to law enforcement lie in the lack of integrity and professionalism among law enforcement officials, inconsistencies in legal substance, and the generally low level of legal culture in society. Low legal awareness and a preference for informal dispute resolution further weaken the formal legal system. This study recommends structural reforms of law enforcement institutions and the enhancement of legal culture through legal education and consistent, fair law enforcement. Keywords: Legal Structure; Legal Substance; Legal Reform; Public Legal Awareness.
PERSINGGUNGAN KEWENANGAN POLRI DAN KPK DALAM PENANGANAN TINDAK PIDANA KORUPSI: ANALISIS YURIDIS Yusuf DM, Mohd.; Nopen, Nasib; Hidayah Fatriah, Syarifah; Sitohang, Ramlan; Hamide, Hamide; Pratama, Dio Yulio; Sahfana, Natasya Sri; Nahda, Sayyidah; Habeahan, Irwanto; Wahyudi, Eka; Andrika, Muhammad Reyhan; Danu, Robby Raman
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6374

Abstract

This article examines the overlap of authority between police investigators and the Corruption Eradication Commission (KPK) in handling corruption cases. Using a normative juridical approach, the study analyzes the relevant legal frameworks governing both institutions, including Law No. 8 of 1981 on the Criminal Procedure Code, Law No. 2 of 2002 on the Indonesian National Police, and Law No. 19 of 2019 on the Corruption Eradication Commission. The findings reveal overlapping jurisdictions that may create conflicts in investigative practice, particularly in relation to coordination, supervision, and the execution of institutional mandates. To address these challenges, the article proposes several measures, such as strengthening mechanisms of coordination and supervision, as well as drafting clearer and more binding implementing regulations. These efforts are expected to improve the effectiveness and efficiency of anti-corruption law enforcement, while also enhancing public trust in the integrity of Indonesia’s criminal justice system. Keywords: Investigator, Police, Corruption Eradication Commission
PROTECTION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS Yusuf DM, Mohd.; Nofarizal, Dedi; Putra, Fransiskus; Hutagaol, Hendra Dm; Monarchi, Try Krisna
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1256

Abstract

The crime of genocide is often associated with crimes against humanity but when viewed in depth the crime of genocide is different from crimes against humanity, where the crime of genocide is aimed at groups such as nations, races, ethnicities or religions while crimes against humanity are aimed at citizens and civilians. The demand for the resolution of cases of human rights violations has prompted the birth of Law Number 39 of 1999 concerning Human Rights which was later followed by Law Number 26 of 2000 concerning the Human Rights Court which is intended to answer various problems of human rights violations, especially gross human rights violations. Article 7 of the Human Rights Court Law states that the crime of genocide is a crime that violates gross human rights because it is committed by killing, causing severe suffering, extermination, coercion by groups and even the forcible transfer of children from one group to another. Thus the human rights court law expressly provides threats to the perpetrators. The method used is normative legal research. Based on the results of the research, it is known that the Crime of Genocide and its Implications in Law Number 39 of 1999 concerning Human Rights that the crime of genocide is one of the most serious forms of human rights violations, involving systematic efforts to destroy certain groups based on ethnicity, religion, or race. Law No. 39/1999 on Human Rights has not specifically and in detail regulated the crime of genocide and the elements of the crime. This has led to a lack of a strong and comprehensive legal framework to prosecute perpetrators of genocide, as well as provide justice and legal certainty for victims.
Co-Authors Andrika, Muhammad Reyhan Berson, Hendri Danu, Robby Raman Dessy Artina Eka Wahyudi Habeahan, Irwanto Hamide, Hamide Hidayah Fatriah, Syarifah Hutagaol, Hendra Dm Mahardika, Ahmad Gelora Mexsasai Indra Monarchi, Try Krisna Nahda, Sayyidah Nofarizal, Dedi Nopen, Nasib Pratama, Dio Yulio Putra, Fransiskus Sahfana, Natasya Sri Saragih, Geofani Milthree Setiawan, Feri Sitohang, Ramlan Sitompul, Hasran Irawadi