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Analysis of Physical Violence Practices as a Violation of the Right to Security in Legal and Human Rights Perspectives: Analisis Praktik Kekerasan Fisik Sebagai Pelanggaran Hak Atas Rasa Aman dalam Perspektif Hukum dan HAM Risman Setiawan; Hardianto
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 1 (2025): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v1i1.113

Abstract

This research examines assault and violations of the right to personal security from the perspective of national law and human rights principles, focusing on practices of physical violence. The violation of the right to personal security represents a concrete manifestation of assault that not only causes physical harm to victims but also entails psychological and social consequences. Employing a normative-juridical approach with legal document analysis methodology including statutes, court decisions, and international human rights instruments this study demonstrates that physical violence often occurs due to weak law enforcement, inadequate victim protection, and insufficient understanding of human rights principles by law enforcement authorities. The research emphasizes the critical importance of harmonizing national criminal law with international human rights standards to ensure effective protection of individuals from assault and violence. This comprehensive protection framework must integrate criminal law, human rights law, social protection, public education, and technological mechanisms to secure the fundamental right to personal security guaranteed by both the Constitution and international law.
The Ideal Concept of Fair Law Formation in Indonesia: The Application of Pancasila Values as a Philosophical Foundation at Every Stage of Law Formation Risman Setiawan; Haris Yusuf; Idaman Idaman
Journal of Law, Social Science and Management Vol. 2 No. 1 (2025): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Background: Within the hierarchy of legislation, laws, as one sort of legislation, have a critical position and carry a great deal of responsibility. The intellectual underpinning that integrates Pancasila ideals as the legal ideal and the manifestation of justice is one of the key pillars upon which laws are formed. Objective: This research aims to find the ideal concept of fair law-making. Method: This research is a normative legal study, which is a legal study conducted by examining library materials using existing literature as the object of study, including books, journals, and regulations related to the discussion of the problem, making this writing also a library research. Result: It is imperative that the principles of Pancasila be implemented throughout the entire legislative process, including the stages of academic, political, and legal text creation. As a philosophical underpinning, Pancasila ideals must be consistently applied throughout all of these stages. Conclusion: The ideal concept of law formation is necessary to create fair laws, and this ideal concept is to continually use Pancasila values as a philosophical foundation that incorporates the value of justice at every step of law production. These phases comprise the development of the legal, political, and academic manuscripts. Keywords: Legislation; Philosophical Foundation; Pancasila
Sosialisasi Hukum Tentang Hak Pilih Sebagai Hak Fundamental: Menumbuhkan Kesadaran Kritis Pemilih Pemula La Ode Muhammad Taufiq Afoeli; Fuad Nur; Risman Setiawan; Lade Sirjon; La Ode Muhamad Sulihin; Jumiati Ukkas; Nur Intan; Isnayanti; Yan Fathahillah Purnama; Muhammad Ramadhan Kiro; Lapatuju; La Ode Muhammad Saleh Saputra
Jurnal Ragam Pengabdian Vol. 2 No. 2 (2025): Mei-Agustus "The Role of Community Service in Increasing Children's Educational
Publisher : Lembaga Teewan Journal Solutions

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62710/g8q4qe43

Abstract

Kegiatan sosialisasi hukum ini bertujuan untuk meningkatkan pemahaman dan menumbuhkan kesadaran kritis pemilih pemula di SMA Negeri 10 Kendari mengenai hak pilih sebagai hak fundamental dalam pemilihan umum termasuk pada pemilihan kepala daerah. Pemilih pemula memiliki peran strategis dalam menentukan arah demokrasi Indonesia, namun seringkali menghadapi tantangan seperti kurangnya pengetahuan tentang proses pemilu dan kerentanan terhadap manipulasi politik. Metode yang digunakan meliputi tahap persiapan, pelaksanaan sosialisasi melalui ceramah dan diskusi interaktif, serta evaluasi melalui pre-test dan post-test. Hasil kegiatan menunjukkan adanya peningkatan signifikan dalam pemahaman peserta sosialisasi. Sosialisasi ini tidak hanya berhasil mengedukasi siswa tentang hak dan tanggung jawab mereka sebagai pemilih, tetapi juga mendorong partisipasi aktif dalam proses demokrasi. Diharapkan, kegiatan ini dapat menjadi model untuk meningkatkan kesadaran politik pemilih pemula di wilayah lain.
The Effect of Omnibus Law Technique on the Quality of Criminal Legislative Drafting in Indonesia Setiawan, Risman
Siyasah Dusturiyah: State Law Review Vol. 1 No. 3 (2025): Siyasah Dusturiyah: State Law Review
Publisher : Yayasan Cahaya Generasi Positif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/kyda6f73

Abstract

This research critically analyzes the influence of the omnibus law technique on the quality of criminal law formulation in Indonesia, particularly following the enactment of Law No. 13 of 2022 regarding Amendments to Law No. 12 of 2011 on the Formation of Legislation. Although the omnibus law method formally recognizes the integration of multiple legal substances within a single statute to enhance legislative efficiency and regulatory synchronization, empirical evidence demonstrates that its application in the criminal law domain creates serious substantive and procedural challenges. The research employs a normative legal approach supplemented by conceptual analysis to examine the alignment between omnibus law practices and the principles of good legislation (good legislation principles) as stipulated in Article 5 of Law No. 13 of 2022. The findings reveal that while omnibus law offers administrative efficiency, its implementation in criminal legislation generates significant problems regarding norm clarity, public participation, and legal legitimacy. Specifically, the technique tends to obscure the principle of legality (nullum crimen sine lege), reduce deliberative quality in legislative processes due to executive dominance, and weaken public participation in legislative procedures. Furthermore, the rapid processing of omnibus bills with limited public consultation compromises the substantive legitimacy of resulting criminal law provisions. This research concludes that implementing omnibus law techniques in criminal legislation must be accompanied by reinforced mechanisms for meaningful public participation, enhanced transparency in legislative discussions, and rigorous norm quality testing prior to enactment. Without such safeguards, the legislative innovation intended to simplify legal frameworks risks creating new legal uncertainty within Indonesia's national criminal justice system. The research advocates for either restricting omnibus law application to non-criminal legislation or fundamentally restructuring its procedural framework to comply with constitutional standards of democratic lawmaking.
Restructuring the Governance of PUSSAKO FH-UHO: Building a Progressive, Accountable, and Innovative Research Institution Risman Setiawan
Jurnal Pengabdian Mandiri Vol. 3 No. 1 (2026): Juni
Publisher : Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70963/mandiri.v3i1.1568

Abstract

Limited access to justice and suboptimal governance of legal research institutions at universities often hinder the fulfillment of the public’s constitutional rights, particularly in addressing critical issues in Kendari City such as agrarian conflicts and low legal literacy. This community service initiative aims to reconstruct the governance of PUSSAKO FH-UHO to transform it into a progressive, accountable, and innovative research institution. The method employed is Participatory Organizational Empowerment, which includes stages of internal audit, Focus Group Discussions, and capacity-building workshops based on a progressive legal paradigm. The results of the community service initiative demonstrate significant transformation in the organizational structure, which is now more responsive and accountable in addressing legal issues in Kendari City. Key findings include the institution’s success in drafting a policy on land data protection, as well as the enhancement of advocacy and constitutional literacy programs for marginalized communities. This demonstrates that strengthening the internal governance of the study center can bridge the gap between formal regulations and the community’s need for substantive justice. In conclusion, the restructuring of PUSSAKO FH-UHO’s governance has strategic implications for public policy practices through the provision of more inclusive legal recommendations and the strengthening of access to social justice. Transformative research institutions play a vital role as driving forces in realizing a progressive, independent, and sustainable legal culture in the Southeast Sulawesi region.
Harmonization of Administrative-Criminal Sanctions for State Losses After Constitutional Court Decision No.66/PUU-XXIV/2026 Risman Setiawan
Nusantara: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Nusantara: Journal of Law and Islamic Law
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/nusantara.v1i3.378

Abstract

The harmonization of administrative and criminal sanctions in addressing state financial losses following Constitutional Court Decision No. 66/PUU-XXIV/2026. The primary issue involves overlapping authority between internal oversight bodies and law enforcement agencies, creating potential legal uncertainty for public officials. Using a quantitative, comparative research design, the study analyzes secondary data on state loss cases before and after the ruling through descriptive and inferential statistical methods. The findings indicate that applying actual loss parameters and clearly distinguishing between maladministration and criminal acts of corruption significantly improves legal certainty and enhances state asset recovery. Enhanced coordination between internal oversight bodies and law enforcement agencies increases the effectiveness of administrative compensation mechanisms. Overall, harmonizing sanctions based on the principle of ultimum remedium balances safeguarding official discretion and ensuring proportional enforcement of anti-corruption laws. The results provide guidance for law enforcement policies that prioritize asset recovery while preventing the undue criminalization of policy decisions.
Constitutional Education for Karang Taruna Youth on Rights and Obligations of Citizens Risman Setiawan
Jurnal Pengabdian Cita Masyarakat Vol. 1 No. 4 (2026): Jurnal Pengabdian Cita Masyarakat (JPCM)
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/jpcm.v1i4.380

Abstract

This initiative sought to improve constitutional awareness among Karang Taruna youth in Kendari City by deepening their understanding of citizens’ rights and obligations. It responded to weak constitutional literacy and growing civic apathy among young people. The program applied an educational and persuasive method through interactive lectures, group discussions, and pre-test and post-test assessments. The results showed a notable improvement in civic knowledge, with average comprehension scores increasing by more than 45 percent across indicators of constitutional rights and obligations. The activity helped internalize national values and build a more positive orientation toward citizenship. These findings indicate that structured non-formal education can strengthen legal awareness and social character among digital native youth. The policy implication emphasizes the need to position Karang Taruna as a strategic local government partner in sustaining constitutional literacy and national stability. Practically, this initiative offers an adaptive legal education model for youth organizations at the level.
Legal Analysis of Strategies for Regional Institutional Reform to Advance Democratic Governance Risman Setiawan
Journal of State Democracy Vol. 1 No. 3 (2026): Journal of State Democracy
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/jsd.v1i3.364

Abstract

The institutional framework of local government in Indonesia faces challenges from covert centralism, which restricts democratic processes at the local level. This study applies a normative legal method, using statutory and conceptual approaches, to examine the direction of legal policies that shape local government institutions. Unlike previous studies that discuss public management, this research emphasizes the integration of constitutional democratic values into the design of local governance structures. Its objective is to propose a reconstruction of institutional policy that strengthens democratic governance. The findings show that strict central government standardization creates a democratic deficit and reduces the oversight capacity of the Regional People’s Representative Council (DPRD) over the executive branch. The criminalization of local policy discretion also hinders governance innovation. The study concludes that local governance requires a model balancing administrative efficiency and popular sovereignty. Public policy must harmonize regulations, ensure legal certainty, and support responsive, innovative, democratic regional institutions.
Peningkatan Keterampilan Praktis Hukum Melalui Pelatihan Penyusunan Gugatan Perdata Bagi Mahasiswa Fakultas Hukum Universitas Halu Oleo Satriani Satriani; Pipit Somefotorono Majid; Besse Sari Angraeni; Mutia Nur Fadhilah Ruslan; Andi Khaedhir Kamri; Risman Setiawan
Indonesia Berdampak: Jurnal Pengabdian kepada Masyarakat Vol. 2 No. 2 (2026): JULI-DESEMBER
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/72c7hd81

Abstract

The ability to draft civil lawsuits constitutes one of the essential practical competencies that must be possessed by law students, particularly those who are preparing to enter legal professions such as advocates, judges, prosecutors, and legal consultants. However, legal education in higher education institutions is often dominated by theoretical approaches, resulting in limited opportunities for students to develop practical litigation skills, especially in drafting civil procedural documents. This community service activity aimed to improve the practical legal skills of students of the Faculty of Law, Universitas Halu Oleo, through training on the preparation of civil lawsuit documents. The activity was conducted in collaboration with the Moot Court Community of the Faculty of Law, Universitas Halu Oleo, using a participatory and practice-based learning approach. The methods employed included lectures, interactive discussions, case analysis, document review, and simulation exercises involving the preparation of civil lawsuits based on case scenarios designed to encourage legal reasoning and analytical skills. The results of the activity demonstrated a significant improvement in participants' understanding of the formal and substantive requirements of civil lawsuits, the structure and systematic drafting of pleadings, and the relationship between legal facts, legal arguments, and legal remedies sought in court. Participants also showed enhanced abilities in identifying legal issues, determining the appropriate parties and legal grounds for litigation, and preparing coherent and executable claims. Furthermore, the activity contributed to strengthening students' confidence in engaging in legal practice and promoted the development of practice-oriented legal education within the Faculty of Law, Universitas Halu Oleo.