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All Journal STAATSRECHT: Indonesian Constitutional Law Journal STAATSRECHT: Indonesian Constitutional Law Journal Mizan: Journal of Islamic Law
Raihani, Fina
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The State and Constitutional Responsibility in Ensuring the Security of Citizens from Intimidation by Thuggery Yunus, Nur Rohim; Siagian, Amrizal; Raihani, Fina
STAATSRECHT: Indonesian Constitutional Law Journal Vol 8, No 1 (2024)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v8i1.48010

Abstract

The phenomenon of gangsterism in Indonesia has developed into a form of non-state violence that threatens social order and the sense of security of the community. Gangs are not only detrimental to individuals, but also create an atmosphere of fear and distrust of law enforcement officers. In this context, the state has a constitutional obligation to protect the fundamental rights of citizens, including the right to a sense of security as guaranteed in Article 28G paragraph (1) and Article 30 paragraph (4) of the 1945 Constitution. This study specifically aims to examine the extent to which the state carries out its constitutional responsibilities in ensuring the security of citizens from intimidatory actions by gangster groups. The research method used is qualitative, with literature study techniques and legal-political analysis. Data were obtained through a study of scientific journals, laws and regulations, and government policy documentation related to overcoming gangsterism. The study results show that although there is a relatively strong legal framework in overcoming gangsterism, its implementation still faces serious challenges. Weak law enforcement, the dominance of a repressive approach without structural solutions, and the lack of rights-based social protection cause the practice of gangsterism to continue. Therefore, this study recommends integrating a firm legal approach and inclusive social policies as an effective strategy to realize just citizen security. The state must act actively and reasonably in carrying out its constitutional mandate to ensure a sense of security for all its citizens.
The State and Constitutional Responsibility in Ensuring the Security of Citizens from Intimidation by Thuggery Yunus, Nur Rohim; Siagian, Amrizal; Raihani, Fina
STAATSRECHT: Indonesian Constitutional Law Journal Vol 8, No 1 (2024)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v8i1.48010

Abstract

The phenomenon of gangsterism in Indonesia has developed into a form of non-state violence that threatens social order and the sense of security of the community. Gangs are not only detrimental to individuals, but also create an atmosphere of fear and distrust of law enforcement officers. In this context, the state has a constitutional obligation to protect the fundamental rights of citizens, including the right to a sense of security as guaranteed in Article 28G paragraph (1) and Article 30 paragraph (4) of the 1945 Constitution. This study specifically aims to examine the extent to which the state carries out its constitutional responsibilities in ensuring the security of citizens from intimidatory actions by gangster groups. The research method used is qualitative, with literature study techniques and legal-political analysis. Data were obtained through a study of scientific journals, laws and regulations, and government policy documentation related to overcoming gangsterism. The study results show that although there is a relatively strong legal framework in overcoming gangsterism, its implementation still faces serious challenges. Weak law enforcement, the dominance of a repressive approach without structural solutions, and the lack of rights-based social protection cause the practice of gangsterism to continue. Therefore, this study recommends integrating a firm legal approach and inclusive social policies as an effective strategy to realize just citizen security. The state must act actively and reasonably in carrying out its constitutional mandate to ensure a sense of security for all its citizens.
Legal Politics of Combating Thuggery In the Perspective of Critical Criminology and Islamic Law Siagian, Amrizal; Yunus, Nur Rohim; Raihani, Fina; Setiawan, Refly
JURNAL ILMU SYARIAH Vol 13 No 1 (2025): JUNI
Publisher : IBN KHALDUN BOGOR

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

Abstract

Phuggery is a form of social crime that disturbs society and often arises due to economic inequality, social marginalisation, and weak structural policies to overcome it. In practice, the state's legal response to thugs tends to focus on a repressive and symbolic approach through law enforcement and criminalisation operations alone, without touching on the more complex roots of the problem. This study aims to examine the direction and strategy of Indonesian legal politics in addressing the phenomenon of thugs and to analyse alternative policies based on critical criminology and Islamic legal values. The research method employed is a normative qualitative approach with a conceptual and comparative focus. Data sources comprise primary legal materials, such as laws, police regulations, the Qur'an, and hadith, as well as secondary legal materials, including books, scientific journals, interpretations, and criminology literature. The analysis was conducted descriptively and critically, utilizing the theoretical framework of critical criminology and fiqh al-jinayah (Islamic criminal law). The results of the study indicate that thugs cannot be overcome only with the coercive power of the state, but instead require a structural and ethical approach that supports social justice. Critical criminology critiques the labelling of the lower class, while Islamic law emphasises the principles of ta’zīr, correction (islāh), and preventive justice. Thus, integrating critical criminology approaches and Islamic values ​​can be the basis for a more humanistic and sustainable legal policy reform. Keywords: Legal Politics; Thuggery; Critical Criminology; Islamic Law; Social Justice    
Co-Authors Setiawan, Refly SIAGIAN, AMRIZAL Yunus, Nur Rohim