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All Journal Arena Hukum International Journal of Law Reconstruction Ius Positum: Journal of Journal Of Law Theory And Law Enforcement
Efendi, Jonaedi
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Law, Crime, Criminology & Criminal Justice Other

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CRIMINAL POLICY IN LAW ENFORCEMENT RELATED TO MALPUBLIC ADMINISTRATION Sholehuddin, M.; Efendi, Jonaedi
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 1 Issue 1 (2022)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (175.688 KB) | DOI: 10.56943/jlte.v1i1.6

Abstract

The issue of penal politization has been cited by Dionysios Spinellis in his presentation concerning Top hat Crimes in Penal Law Summit XV of 1994. Application of penal law in the so called malpublic administration, refers to the three main issues in penal law. First, forms of malpublic administration acts which have been formulated as criminal act (criminalization process). Second, legal subjects that are liable for malpublic administration. Third, kinds and forms of sanctions applicable to the malpublic administration deeds (penalization process). Camus acknowledged justification of penalization to offender, but this penalization should not eliminate hir or her human power in obtaining new values  and new adaptation.
DISCIPLINARY ACTIONS UNDER THE POLICE CODE OF ETHICS FOR OFFICERS INVOLVED IN ADULTERY: A Case Study of the Police Code of Ethics Commission Decision No. PUT/11/XI/HUK.12.10/2023 Yahman, Yahman; Efendi, Jonaedi; Karim, Karim; Anjani, Shella Devita
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 3 Issue 4 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v3i4.680

Abstract

This research paper addresses the significant issue of disciplinary actions under the Police Code of Ethics concerning officers involved in adultery. The problem is particularly pressing for the Indonesian National Police, as such ethical violations not only undermine the integrity of the institution but also erode public trust and confidence in law enforcement. The study aims to explore the implications of enforcing disciplinary measures for adultery among police members and to identify preventive strategies to mitigate such violations. The research employs a normative juridical methodology, focusing on the implementation of existing legal norms and regulations related to police discipline. This approach involves a thorough examination of formal legal rules, including relevant laws and literature that provide theoretical insights into the subject matter. By correlating these legal frameworks with the issues at hand, the study seeks to provide a comprehensive understanding of how ethical violations are addressed within the Indonesian National Police. The findings reveal that despite the existence of regulations, violations of discipline and ethics, such as adultery, continue to occur frequently among police officers. Factors contributing to this issue include low legal awareness among officers and the influence of their social environment, which weakens the enforcement of discipline. The research suggests several solutions, including enhancing the quality of Police Internal Affairs Investigators, increasing awareness and compliance among police members, and fostering public understanding of disciplinary law enforcement as a means of promoting transparency and accountability.
Application of Procedural Justice vis a vis Substantive Justice in Law Enforcement Efendi, Jonaedi
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.3

Abstract

This study examines the application of procedural and substantive justice in law enforcement. The research method employed in this article is a mixed-method approach, encompassing normative and sociological legal research. Normative legal research uses conceptual and case approaches, while sociological legal research adopts a socio-legal approach, analysing law enforcement from the perspective of legal culture. The discussion reveals that the application of procedural justice, in contrast to substantive justice in law enforcement, often cannot run simultaneously. In certain circumstances, procedural justice takes precedence, while in others, substantive justice is prioritised. Procedural justice is closely associated with the propriety and transparency of the decision-making process, whereas substantive justice emphasises elements within the law, particularly notions of ‘truth’ and ‘guilt’. However, both forms of justice must remain grounded in existing legal norms. Based on the findings of this study, it can be concluded that a discourse on the application of procedural justice versus substantive justice in law enforcement has emerged. This discourse is categorised into three stages: the investigation stage, the prosecution stage and the decision stage.
Judicial Welfare and Legal Decision Quality in Indonesia: Normative Gaps and Reform Directions Efendi, Jonaedi; Prasetyo, Dossy Iskandar
International Journal of Law Reconstruction Vol 9, No 2 (2025): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v9i2.47828

Abstract

This study investigates the impact of judicial welfare particularly salary structures, allowances, and institutional support on the quality of judicial decisions in Indonesia. Amid a wave of reform marked by Government Regulation Number 44 of 2024 and the 2025 salary adjustment policy, questions persist regarding whether financial improvements alone can ensure judicial independence and reasoning integrity. Using a normative legal research approach combined with doctrinal analysis and comparative jurisprudence, this paper examines salary disparities, workload imbalances, and structural gaps across judicial tiers. Findings reveal that trial-level judges continue to face excessive caseloads, inadequate access to legal resources, and limited professional development despite recent financial reforms. These structural deficiencies contribute to formalistic adjudication, reduced legal innovation, and vulnerability to ethical fatigue. The study affirms that judicial welfare reform must go beyond monetary adjustments and integrate performance-based incentives, reasoning-focused evaluation systems, and equitable institutional infrastructure. Drawing on theories of justice and motivation, the research offers a multidimensional framework for understanding how welfare structures influence judicial output. It concludes that sustained judicial quality and independence require a holistic policy response that bridges normative ideals and institutional realities.
Co-Authors Anjani, Shella Devita Karim Karim, Karim Prasetyo, Dossy Iskandar Sholehuddin, M. Yahman Yahman