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All Journal Journal of Law, Poliitic and Humanities
Sebastian, Muhammad Vino
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal And Ethical Debate Concerning Escorts On Public Roads: A Comparative Case Study Sebastian, Muhammad Vino; Akmala, Ali Faza; Torin, Muhammad Farrel Arrizky
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2700

Abstract

Abstract. This research aims to comprehensively analyze the conflict between the implementation of Article 134 of Law No. 22 of 2009 (UU LLAJ) regarding priority rights and the fundamental principle of equality among road users. This conflict is triggered by the phenomenon of official escorts that consistently spark public controversy and ethical debate, often exacerbated by viral displays of arrogance. Using a normative-comparative approach, the study dissects how the loose interpretation of priority rights creates discretionary loopholes that are prone to abuse, consequently eroding public trust in law enforcement. The discussion is further strengthened by a comparative study of escort practices applying a Risk-Based Approach in other countries, and the case study of De Facto Diplomatic Priority (Ambassadors). This comparison is crucial to clearly distinguish between functional priority (based on real urgency) and status/ceremonial priority. The conclusion affirms the urgent need to review and reform the UU LLAJ and its technical regulations by adopting Objective Risk-Based Criteria to shift the escort paradigm from status-based to functional-urgency based, thereby restoring the public's sense of justice and trust.
Legal and Ethical Debate on Escorts on Public Roads: A Comparative Case Study Sebastian, Muhammad vino; Akmala, Ali Faza; Torin, Muhammad Farrel Arrizky; Soegiarto, Ronald Christyanto
Journal of Law, Politic and Humanities Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i4.3231

Abstract

Abstract: This research provides an extensive inquiry into the systemic conflict between judicial mandates and administrative finality within the Indonesian electoral justice system. By focusing on the high-profile disqualification and subsequent legal reinstatement of DPD candidate Irman Gusman, this study dissects the implementation of the principle of legal certainty (asas kepastian hukum) amidst the rigid progression of election stages. Using a normative-juridical framework, the paper evaluates the Jakarta State Administrative Court’s (PTUN Jakarta) findings regarding procedural maladministration and substantive misinterpretations of criminal law by the General Election Commission (KPU). Furthermore, it explores the broader implications of institutional resistance, where the KPU utilized the "non-executable" doctrine to ignore a final and binding court order. The eventual resolution through the Constitutional Court’s (MK) intervention, which ordered a province-wide re-vote, serves as a testament to the high cost of administrative disobedience. This study concludes that the lack of synchronization between judicial timelines and logistical calendars creates a "crisis of certainty" that requires urgent legislative reform to ensure that the rule of law (rechtsstaat) remains the ultimate arbiter of democratic eligibility.
Co-Authors Akmala, Ali Faza Soegiarto, Ronald Christyanto Torin, Muhammad Farrel Arrizky