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TINJAUAN YURIDIS TERHADAP WACANA PERUBAHAN MASA JABATAN PRESIDEN MENURUT KETENTUAN PERUNDANG-UNDANGAN Muhammad Nabil Naufal; Andy Usmina Wijaya
HUKMY : Jurnal Hukum Vol. 5 No. 1 (2025): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2025.v5i1.857-867

Abstract

In many countries, including Indonesia, the issue of presidential term limits is significant. In the current context of the constitutional debate, one of the provisions being discussed is the presidential term, which faces opposition from both supporters and opponents of change. The topic of presidential term limits often arises in political and legal discourse in Indonesia. The purpose of changing presidential terms is to provide greater opportunities for successful leaders in governing the country. However, because it can erode fundamental principles of democracy and potentially lead to tyranny, this discourse has also received various criticisms. This research falls under normative research, also known as library research. Therefore, it is crucial to conduct legal analysis of this study, taking into account the constitution and observing the current applicable laws.
ANALISIS YURIDIS KRIMINALISASI LIVING TOGETHER DALAM PERSPEKTIF HAK PRIVASI WARGA NEGARA Ayu Wulandari; Andy Usmina Wijaya
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1126-1139

Abstract

In the context of protecting citizens' right to privacy, this study discusses the criminalization of living together behavior as regulated in Article 412 of the new Criminal Code (KUHP). In this research, the limits of the state's authority to regulate the private sphere are examined through a normative legal approach, using both statutory and conceptual approaches. The results of the analysis show that the policy of criminalizing living together creates tension between the protection of public morals and respect for individual freedom. Since it does not meet the requirements of the harm principle, this provision potentially violates the principles of proportionality and the ultimum remedium doctrine. Therefore, the policy must be revised to align with the Constitution, the principles of Pancasila, and international human rights standards.
PERLINDUNGAN ANAK TERHADAP PRAKTIK KEKERASAN PADA POLA ASUH ANAK DI MASYARAKAT ADAT MANGGARAI NTT (PERSPEKTIF UNDANG UNDANG PERLINDUNGAN ANAK) Helmi Daiyati; Andy Usmina Wijaya
HUKMY : Jurnal Hukum Vol. 6 No. 1 (2026): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2026.v6i1.1170-1184

Abstract

This study aims to analyze the forms of legal protection for children from violent practices in the parenting patterns of the Manggarai indigenous community, East Nusa Tenggara. Violent practices in these parenting patterns are still often considered part of the tradition of educating children, thus contradicting the principles of child protection in Law No. 35 of 2014 concerning “Child Protection”. By applying normative legal research methods, this study highlights the tension between customary legal norms and national law. The results show that the implementation of child protection is not optimal due to the strong influence of local culture. Legal harmonization measures are needed that integrate customary values ​​with the principles of child protection to realize justice and legal balance in society.
Yuridiksi Penegakan Hukum Terhadap Tindak Pidana Radikalisme Di Indonesia Heri Siswahyulianto; Andy Usmina Wijaya
JATISWARA Vol. 41 No. 1 (2026): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/jtsw.v41i1.1291

Abstract

Radicalism in Indonesia has evolved from merely an ideological perspective into a tangible threat to national stability, particularly in line with the digital transformation that accelerates the spread of propaganda and online recruitment. This situation creates a need for legal clarity regarding the jurisdiction and authority of authorities in handling pre-terror actions, such as the dissemination of extremist teachings, digital financing, and ideological training without physical violence. The revision of Law Number 5 of 2018 concerning the Eradication of Terrorism Crimes expands the authority of officials by emphasizing a preventive approach, yet it presents challenges in balancing national security with the protection of human rights. This study employs a normative legal method with statutory and conceptual approaches to analyze the effectiveness of jurisdictional regulations in countering radicalism, as well as to assess the synergy among law enforcement agencies such as the Indonesian National Police, Densus 88, the National Counter Terrorism Agency (BNPT), and the Prosecutor's Office. The research results indicate that although the national legal system has been relatively comprehensive, overlaps in authority and weak coordination among agencies are still evident, potentially reducing the effectiveness of law enforcement. Therefore, the strengthening of law enforcement jurisdiction should be directed towards regulatory harmonization, the establishment of inter-agency coordination forums, and the enhancement of institutional transparency and accountability. Legal system reform based on institutional collaboration and the reinforcement of human rights principles constitutes a strategic step in building a jurisdictional system that is adaptive to modern radicalism threats.