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All Journal JURNAL HUKUM International Journal of Law Reconstruction Jurnal Penelitian Hukum Legalitas Law Development Journal Ius Positum: Journal of Journal Of Law Theory And Law Enforcement Law and Economics
Prasetyo, Dossy Iskandar
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Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Political Shift in Legal Power of the Judiciary Post Constitutional Amendment Prasetyo, Dossy Iskandar
Jurnal Hukum Vol 40, No 1 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.1.244-258

Abstract

The purpose of this study examines the legal politics of the shift in judicial power after the constitutional amendment in Indonesia. This study was conducted using doctrinal legal research with a fundamental research approach, designed to gain a deeper understanding of law as a social phenomenon. The results of the study found that historically, the earliest shift in judicial power was related to the theory of shifting separation of powers and the imperative rule of law. The post-constitutional shift resulted from the amendment to the 1945 Constitution which expressly stated that the judiciary is independent. Judicial power is an independent power to organize justice in order to uphold the law and equality and judicial power is not only carried out by the Supreme Court, but also by the Constitutional Court, that the supreme court judge must have integrity and an impeccable personality, fair, professional, and experienced in the field of law, To guarantee the independence and integrity of judges, especially the amendment to the 1945 Constitution, a new institution was issued called the Indonesian Judicial Commission.
Politik Kerakyatan Dan Nilai Hukum Prasetyo, Dossy Iskandar
Jurnal Penelitian Hukum Legalitas Vol 18, No 2 (2024)
Publisher : Universitas Jayabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31479/jphl.v18i2.273

Abstract

Tulisan ini membahas Politik Kerakyatan (Sila Keempat Pancasila) dan Nilai Hukum dari perspektif Filsafat Hukum. Kajian ini diarahkan pada imperative-imperatif nilai yang melekat pada ‘politik kerakyatan’ Sila Keempat Pancasila. Kajian terhadap masalah dilakukan menggunakan alur dan cara kerja penelitian hukum doctrinal tipe theoritical research, yakni: research which foster a more complete understanding of the conceptual bases of legal principles and of combined effect of a range of rules and procedures that touch on a particular area of activity. Hasil kajian menemukan bahwa: (1). Imperative nilai hukum yang terkadung dalam politik kerakyatan Sila Keempat Pancasila tidak bisa dilepaskan dari konsepsi Sukarno tentang Pancasila sebagai Weltanschauung Indonesia, yakni filsafat tentang kehidupan bersama yang damai dalam negara Indonesia yang Bhineka Tunggal Ika. (2). Paling sedikit terdapat 4 (empat) Imperatif nilai politik kerakyatan Sila Keempat Pancasila, yakni: (i). Demokrasi harus bernurani, (ii). Kekuasaan harus untuk rakyat, (iii). Pelaksanaan Pemilu harus beradab, (iv). Musyarwarah dan mufakat tentang kepentingan rakyat.
LEGAL PROTECTION OF FOOTBALL MATCH SPECTATORS IN INDONESIA: A Case Study of the Kanjuruhan Tragedy Wahyudin, Ahmad Fahmi; Prasetyo, Dossy Iskandar
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 4 Issue 1 (2025)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v4i1.737

Abstract

In a soccer match, the presence of spectators plays an important role as encouragement for the team. Spectator support, whether playing at home or away, has proven effective in boosting the players' morale. However, in some cases, rivalry between spectators may lead to anarchic actions that lead to riots. The Kanjuruhan tragedy on October 1, 2022 at Kanjuruhan Stadium, Malang, became one of the worst incidents in Indonesian football history. The riot involving police officers and spectators caused 135 casualties, all of whom came from the spectators. This research analyzes the legal protection for spectators in holding football matches. The research method used is normative research with a statutory and conceptual approach. Juridically, the spectators hold civil rights against the organizers of the match. In addition, they are also protected as consumers and guaranteed security and safety by the state through various regulations. If there is a violation of these rights, either by the organizers or police officers, legal action can be taken in accordance with applicable regulations. Based on the research findings, legal protection for spectators is regulated in the Consumer Protection Law and the Sports Law. In the Kanjuruhan case, the court decision has stated that the police officers involved were guilty and sentenced to criminal sanctions.
Cultivating anti-corruption moral habits: a philosophical and normative legal analysis Yudisetyo, Zerry Akbar; Razaq, Muhammad Abdul; Prasetyo, Dossy Iskandar
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

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Abstract

Corruption in Indonesia has evolved into a systemic crisis that threatens democratic institutions, hinders economic progress, and erodes social justice. This study aims to develop a theoretical framework for cultivating anti-corruption moral habits by integrating philosophical ethics with legal structural reform. Employing a normative legal research methodology, the analysis draws upon classical moral philosophies—Socrates’ reflective accountability, Plato’s model of moral leadership, and Aristotle’s concept of the state as a moral educator—alongside contemporary anti-corruption theories. The study identifies four key pillars necessary for sustainable anti-corruption strategies: systemic certainty in governance, habitual ethical reflection in daily decision-making, moral exemplarity among public leaders, and institutional arrangements that nurture civic virtue. The findings suggest that combating corruption effectively requires not only legal reform but also moral reconstruction across individuals, leadership, and institutions. This integrative approach offers meaningful insights for legal philosophy and public governance reform in Indonesia and similar developing contexts.
Building a Strong Constitutional Court as Ideal State Institution Prasetyo, Dossy Iskandar
Law Development Journal Vol 6, No 3 (2024): September 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.3.399-418

Abstract

This article discusses the Strengthening of the Constitutional Court, in the sense of what strengthening needs to be done to strengthen the Constitutional Court in carrying out its constitutional duties. The duties in question include: guardian and interpreter of the constitution, protector of human rights, protector of citizens' constitutional rights, and protector of constitutional democracy. The ideal Constitutional Court must have all the requirements needed to carry out all of these duties relatively perfectly. It must be fit in various aspects: substance, structure, and culture. The study of the problem was conducted using the flow and working methods of doctrinal legal research of the theoretical research type, namely: research which fosters a more complete understanding of the conceptual bases of legal principles and of the combined effect of a range of rules and procedures that touch on a particular area of activity. The results of the study found that there are 7 (seven) aspects that need strengthening: (1). Strengthening Lawyer Statesman, (2). Strengthening the pattern of judge recruitment, (3). Expanding Authority, (4). Strengthening Professionalism, (5). Strengthening Accountability, (6). Strengthening Burden of Proof, (7). Strengthening the Honeste Vivere Culture.
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 Efendi, Jonaedi Razaq, Muhammad Abdul Wahyudin, Ahmad Fahmi Yudisetyo, Zerry Akbar