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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.