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Soedirjo, Achmad Taufan
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Humanities Computer Science & IT Economics, Econometrics & Finance Education Social Sciences

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Journal : Journal of Social Research

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Legal Criticism Of The Code Of Law The New Criminal Law Is Viewed From The Point Of View Philosophical, Sociological And Juridical Soedirjo, Achmad Taufan; Jaya, Surya
Journal of Social Research Vol. 2 No. 8 (2023): Journal of Social Research
Publisher : International Journal Labs

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Abstract

The need for a new National Criminal Code is based on philosophical, sociological, and legal considerations, among others: "(1) the view of life, level of awareness, and legal ideals derived from Pancasila and the Preamble of the 1945 Constitution; (2) paying attention to the needs of society and the state towards the development of empirical facts of national criminal law; and (3) paying attention to pre-existing racial and ethnic inequalities." The purpose of this study is to determine the extent to which the newly passed Criminal Code (KUHP) is able to accommodate the problems of criminal acts that occur in Indonesia in particular and matters related to cross-border criminal acts. The research method used is normative research with a legal approach and conceptual approach. The results of the discussion show that the new Criminal Code is considered not to provide fair law enforcement against perpetrators of criminal acts, especially related to discrimination against minority groups and violence against women. The new Criminal Code is considered not accommodating technological developments and social progress, so it is unable to provide appropriate solutions to technology-related criminal offenses. The new Criminal Code is considered to not provide fair law enforcement against perpetrators of criminal offenses who have high power or position, such as politicians or high-ranking officials. The new Criminal Code is considered not providing the right solution to criminal offenses related to social problems, such as drugs, corruption, and domestic violence.
Optimizing the Recruitment Process of Constitutional Judges to Enforce Independence and Legal Justice in Indonesia Soedirjo, Achmad Taufan; Santiago, Faisal
Journal of Social Research Vol. 3 No. 1 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i1.1651

Abstract

This research aims to analyze and propose optimizing the recruitment process for Constitutional Judges in Indonesia to uphold independence and legal justice. The research method used is the normative juridical method, which emphasizes the analysis of legal norms related to the recruitment process for Constitutional Judges. The discussion involves an in-depth review of relevant statutory articles, such as the 1945 Constitution of the Republic of Indonesia, the Constitutional Court Law, and other implementing regulations. In the discussion process, it was discovered that there was a need for increased transparency, public participation, and stricter selection criteria to ensure the integrity of Constitutional Judges. Certain articles, such as Article 24B of the 1945 Constitution, underline the importance of maintaining the independence of Constitutional Judges as guardians of the Constitution. The results of this discussion state that reforms in the recruitment process need to be carried out to ensure that the selected judges have high capacity and integrity. This research concludes that by optimizing the recruitment process for Constitutional Judges, the independence of the institution can be strengthened, as well as increasing public confidence in legal justice. It is hoped that increasing transparency and public participation can produce Constitutional Judges who can maintain justice and the sustainability of the Indonesian legal system.
Co-Authors Faisal Santiago, Faisal Surya Jaya, Surya