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All Journal Jurnal Hukum dan Keadilan Journal OF Poltica Governo Journal of Poltica Governo
Darsis Humah
IAIN TERNATE
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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TNI Bill and Regional Autonomy: Implications for Central-Regional Relations in Security Management Resma Bintani Gustaliza; Darsis Humah; Bonefasius Bao
Journal of Politica Governo Vol. 2 No. 2 (2025): Politica Governo - April
Publisher : Pt. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5fksge09

Abstract

Following the 1998 reforms, Indonesia experienced a significant transformation in the security sector, marked by the elimination of the dual function of the Indonesian Armed Forces (ABRI) and the strengthening of civilian supremacy. However, the current discussion of the Draft Law on the Indonesian National Armed Forces (RUU TNI) has raised concerns about the return of military dominance in civil affairs through military operations other than war (OMSP). This study analyzes the potential impact of the RUU TNI on central-regional relations in security management. Using a qualitative descriptive approach through literature study, this study examines the normative provisions in the RUU TNI and compares them with the principles of democratization and decentralization. The findings show that expanding the role of the TNI in domestic affairs without a civilian oversight mechanism and coordination with local governments has the potential to blur the boundaries between civil defense and security functions, weaken regional autonomy, and create institutional tensions. Central dominance through the military also increases the risk of human rights violations and reduces accountability for security governance. Therefore, the revision of the RUU TNI needs to consider the principles of civilian supremacy, military professionalism, and regional participation in national security policies to prevent the decline of democratic reforms and maintain inclusive and equitable national integration.
TNI Bill and Regional Autonomy: Implications for Central-Regional Relations in Security Management Resma Bintani Gustaliza; Darsis Humah; Bonefasius Bao
Journal of Politica Governo Vol. 2 No. 2 (2025): Politica Governo - April
Publisher : Pt. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/5fksge09

Abstract

Following the 1998 reforms, Indonesia experienced a significant transformation in the security sector, marked by the elimination of the dual function of the Indonesian Armed Forces (ABRI) and the strengthening of civilian supremacy. However, the current discussion of the Draft Law on the Indonesian National Armed Forces (RUU TNI) has raised concerns about the return of military dominance in civil affairs through military operations other than war (OMSP). This study analyzes the potential impact of the RUU TNI on central-regional relations in security management. Using a qualitative descriptive approach through literature study, this study examines the normative provisions in the RUU TNI and compares them with the principles of democratization and decentralization. The findings show that expanding the role of the TNI in domestic affairs without a civilian oversight mechanism and coordination with local governments has the potential to blur the boundaries between civil defense and security functions, weaken regional autonomy, and create institutional tensions. Central dominance through the military also increases the risk of human rights violations and reduces accountability for security governance. Therefore, the revision of the RUU TNI needs to consider the principles of civilian supremacy, military professionalism, and regional participation in national security policies to prevent the decline of democratic reforms and maintain inclusive and equitable national integration.
Legal Protection for Victims of Revenge Porn: Analysis From The Perspective of Criminal Law and Public Ethics Heny Saida Flora; Lina Maulidana; Darsis Humah
Jurnal Hukum dan Keadilan Vol. 3 No. 3 (2026): JHK - April
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v3i3.582

Abstract

The development of digital technology has triggered an increase in cyber-based crimes, including the phenomenon of revenge porn, which has serious psychological, social, and legal impacts on victims. This study aims to analyze the effectiveness of legal protection for victims of revenge porn from the perspective of criminal law and public ethics, while also identifying normative weaknesses in Indonesian legislation. The research method used is normative legal research with a legislative and conceptual approach, through a literature review of primary, secondary, and tertiary legal materials analyzed qualitatively. The results show that legal protection for victims of revenge porn is still suboptimal due to unclear norms, disharmony between regulations, and the dominance of a moralistic approach that is not victim-oriented. Existing laws do not clearly differentiate between perpetrators and victims, potentially leading to criminalization of victims. Furthermore, legal implementation still faces obstacles in the form of inconsistent interpretations by officials and a strong culture of victim blaming in society. From a public ethics perspective, revenge porn is a violation of privacy and human dignity that requires a multidimensional response. Therefore, it is necessary to reformulate legal norms based on the principle of consent, harmonize regulations, and strengthen the victim-based justice approach in order to realize fair and comprehensive legal protection
Co-Authors Bonefasius Bao Heny Saida Flora Lina Maulidana Resma Bintani Gustaliza