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All Journal JUSTISI
Muh Akhdharisa SJ
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Law, Crime, Criminology & Criminal Justice

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Implementation of the Principle of Equality Before the Law in the Dynamics of Indonesian Law Salomo Jitmau; Naim, Sokhib; Muh Akhdharisa SJ
JUSTISI Vol. 11 No. 2 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i2.4088

Abstract

This study aims to analyze the principle of equality before the law in Indonesian positive law and how this principle is understood and applied in practice. The research method used is normative legal research with a sociological jurisprudence approach to describe the gap between law in books and law in action. Data sources were obtained through document studies, including books, journals, and relevant laws and regulations, with qualitative analysis of the deductive model. Novelty of this research is in the form of a legal perspective in understanding and evaluating the implementation of the principle of equality before the law in Indonesia. The results of the study show that the principle of equality before the law has been guaranteed in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, as well as in a number of other legal regulations such as the Criminal Code (KUHP) and Law Number 48 of 2009 concerning Judicial Power. However, in practice, the implementation of this principle still faces various challenges, including discrimination, abuse of power, and inequality in law enforcement. This study also found a gap between written regulations and implementation in the field, resulting in legal injustice against certain groups. In conclusion, although the principle of equality before the law has become an integral part of the Indonesian legal system, its implementation is still far from ideal. Improvements are needed in the legislative system, law enforcement oversight, and increased public awareness to achieve equal justice under the law. This study provides recommendations for the government and law enforcement officials to be more consistent in implementing the principle of equality before the law, taking into account the moral values of Pancasila as the philosophical foundation of the state.
Resolution Effort of Electricity Theft Crimes at PLN UP3 Sorong Saiful HMH; Dwi Pratiwi Markus; Muh Akhdharisa SJ; Mohammad Belayet
JUSTISI Vol. 10 No. 3 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i3.3366

Abstract

This study aims to investigate the impact of electricity theft on PLN and the state and analyze the out-of-court resolution system for electricity theft by PT PLN UP3 Sorong Branch. The method used is an empirical juridical approach focusing on case analysis and field data. The results showed that PLN uses the additional bill, Tagihan Susulan (TS) as the fine, as an out-of-court resolution for electricity theft cases. However, there is an option to settle through the court if the customer objects. Although the number of cases is decreasing, challenges in addressing the problem of electricity theft still exist, and its resolution requires a holistic approach that considers the principles of justice and applicable law. In conclusion, electricity theft violates the law that must be addressed effectively to maintain the sustainability of the electricity sector and justice for all parties involved.
Policy Transformation and Law Enforcement in Natural Resources Management: Case Study of Excavation C in Sorong City Hermanus Way; Hadi Tuasikal; Muh Akhdharisa SJ
JUSTISI Vol. 11 No. 1 (2025): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v11i1.3385

Abstract

This study aims to analyze law enforcement against illegal C excavation mining in Sorong City and identify obstacles during the law enforcement process. The method used is an empirical juridical approach with descriptive analysis. The data sources used primary data obtained through observation, interviews, and document studies, as well as secondary data, which includes primary, secondary, and tertiary legal materials. This study was conducted in the jurisdiction of Southwest Papua, especially Sorong City, using descriptive qualitative analysis. The results show that law enforcement against illegal C excavation mining in Sorong City still faces many obstacles from the local community's regulatory and socio-economic factors. Although there are regulations governing mining, many mining activities occur without official permits, which causes environmental damage. The main barriers are the lack of community legal awareness, weak coordination between related department, and delays in issuing permits that cause illegal mining activities. In addition, this mining activity is often the primary source of income for the community, so strict law enforcement risks increasing poverty and unemployment. In short, law enforcement against illegal C-excavation mining in Sorong City is still not optimal despite regulations. This study provided a new contribution with a participatory approach between the community, government, and industry person to find a balanced solution between environmental sustainability and community economic welfare. Effective law enforcement must be accompanied by community empowerment and better coordination between relevant departments.
Co-Authors Dwi Pratiwi Markus, Dwi Hadi Tuasikal Hermanus Way Mohammad Belayet Naim, Sokhib Saiful HMH Salomo Jitmau