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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Journal of Indonesian Constitutional Law
Adelia Kartika Nur Huda
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kewenangan Memeriksa dan Mengadili Pengadilan Militer dalam Penyelesaian Tindak Pidana Umum yang Dilakukan oleh Anggota Militer Adelia Kartika Nur Huda; Saiful Abdullah
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 4 (2024): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL (JHPIS)
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i4.4459

Abstract

The TNI as a means of defense of the Unitary State of the Republic of Indonesia has a noble task. Even though it has a noble task, the TNI is still the same as society in general which has the possibility of committing criminal acts. In practice, TNI who commit criminal acts will be investigated and tried in a Military Court. It turns out that several laws and regulations relating to the authority of the Military Court contain conflicts between one law and another law. The authority to examine and adjudicate courts within the Military justice environment in resolving general crimes committed by the TNI as stated in Article 3 paragraph (4a) of MPR Decree Number VII/MPR/2000 jo. Article 65 Paragraph (2) of Law of the Republic of Indonesia Number 34 of 2004 concerning the Indonesian National Army is apparently different from the authority of military justice contained in Law no. 31 of 1997 regarding Military Justice. In order to answer this question, research was conducted, as well as to provide an explanation regarding the resolution of general crimes committed by the TNI. This research is normative research, using a statutory approach and a conceptual approach. The research results found that the resolution of general crimes committed by the TNI was still carried out in the Military Court, referring to the legal principle of lex specialis derogate legi generali. The resolution of general crimes committed by the TNI is carried out through legal trials, consisting of the stages of investigation, prosecution, examination and proof, and the execution stage.
Comparative Study of the Constitutions of Indonesia and China Regarding the Existence of Atheists Adelia Kartika Nur Huda; Erio Agustia Rachman; Mohammad Ali Sajjad; Cahya Risqi Rusfiyah
Journal of Indonesian Constitutional Law Vol. 1 No. 1 (2024): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v1i1.19

Abstract

This research is based on comparing the Indonesian and Chinese constitutions regarding the existence of atheists and the factors that cause differences in the recognition of the Indonesian and Chinese states against atheism. This research uses normative legal research methods focusing on legal objects with a comparative approach to law and legislation. The existence of atheists in the Indonesian constitution originated from communism with an anti-God attitude contrary to the Indonesian constitution, which is by the first principle of Pancasila and article 29 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This is very contrary to the Chinese constitution, which regulates freedom of religion and gives the right to embrace or not embrace any religion, meaning that China recognizes the existence of atheists. The Chinese constitution acknowledges the existence of atheists based on the communist ideology adopted.
Co-Authors Cahya Risqi Rusfiyah Erio Agustia Rachman Mohammad Ali Sajjad Saiful Abdullah