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All Journal LOIS: Jurnal Hukum dan Humaniora RETORIKA: Journal of Law, Social, and Humanities
TITI TANTRI
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Religion Arts Humanities Education Law, Crime, Criminology & Criminal Justice

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HANS KELSEN'S PURE THEORY OF LAW AS A THEORETICAL PILLAR IN THE DYNAMICS OF THE MODERN LEGAL SYSTEM IN INDONESIA ISKANDAR, M.; TRADESA, ANGGI PURNAMA; TITI TANTRI
LOIS: Jurnal Hukum dan Humaniora Vol 1 No 1 (2025)
Publisher : Yayasan Pendidikan Aksara Cendikia

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Abstract

This research was conducted with the aim of determining how Hans Kelsen's Pure Legal Theory fits into the Modern Legal Paradigm Based on Humanity and Social Justice. This research is a normative legal research. Normative legal research is often referred to as doctrinal legal research. The legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The existing legal materials were collected through literature studies, which were then normatively analyzed to answer the problems studied. The results of this research are that the application of Hans Kelsen's Pure Legal Theory in Indonesian law shows a process of adaptation and contextualization. Kelsen's stufenbau theory concept is relevant in explaining the hierarchy of laws and regulations. However, in terms of basic norms, Indonesia does not adhere to a neutral grundnorm, but rather places Pancasila as the source of all sources of law. In addition, customary law also plays an important role as part of Indonesia's legal pluralism, which is recognized by the constitution.
Titik Singgung Hukum Administrasi Negara dan Pidana Dalam Pencegahan Tindak Pidana Korupsi Wulandari, Laely; Titi Tantri
RETORIKA: Journal of Law, Social, and Humanities Vol. 4 No. 1 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v4i1.1573

Abstract

This study aims to analyze the role of State Administrative Law in preventing corruption, examine Criminal Law in prosecuting corruption crimes, and identify normative points of intersection between State Administrative Law and Criminal Law for integrated corruption eradication. This study is a normative legal research with a statutory and conceptual approach. Legal materials include primary, secondary, and tertiary legal materials, analyzed through grammatical, systematic, and teleological interpretations, as well as legal theory and legal principles, including the principles of legality, legal certainty, accountability, transparency, and the principles of good governance. This study aims to analyze the role of State Administrative Law in preventing corruption, examine Criminal Law in prosecuting corruption crimes, and identify normative points of intersection between State Administrative Law and Criminal Law for integrated corruption eradication. This study is a normative legal research with a statutory and conceptual approach. Legal materials include primary, secondary, and tertiary legal materials, analyzed through grammatical, systematic, and teleological interpretations, as well as legal theory and legal principles, including the principles of legality, legal certainty, accountability, transparency, and the principles of good governance.
Kajian Politik Hukum sebagai Instrumen Menjamin Stabilitas Sistem Ketatanegaraan Indonesia Habibul Umam Taqiuddin; Titi Tantri
RETORIKA: Journal of Law, Social, and Humanities Vol. 4 No. 1 (2025): Retorika: Journal of Law, Social, and Humanities
Publisher : Fakultas Hukum Universitas Nahdlatul Ulama Nusa Tenggara Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69503/retorika.v4i1.1551

Abstract

This research aims to: (1) analyze the role of legal politics in maintaining the stability of the state system, and (2) assess the conformity of legal political policies with legal principles and constitutional principles. The research uses normative legal methods with a statutory and conceptual approach. The legal materials include primary, secondary, and tertiary materials analyzed through grammatical, systematic, and teleological interpretations, supported by a study of legal theory and legal principles. The results of the research indicate, first, that legal politics functions as a strategic instrument in maintaining the stability of state administration, regulating inter-institutional coordination, and ensuring administrative order. Clearly and consistently formulated policies enable the state to balance public interests with the goals of effective governance. Second, the conformity of legal political policies with legal and constitutional principles such as legal certainty, justice, expediency, and proportionality is crucial to their effectiveness. Policies must align with higher norms, be consistent across institutions, and be easily understood and implemented. With this alignment, legal politics is not only normatively legitimate but also supports the order, stability, and sustainability of the Indonesian state system
Co-Authors Habibul Umam Taqiuddin Laely Wulandari M. Iskandar Tradesa, Anggi Purnama