Deny
Universitas Islam Darul Ulum Lamongan

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Discretionary Authority Of Law Enforcement Officials In The Settlement Of Criminal Cases Based On Restorative Justice Deny; Eko Budi Sariyono; Iwan Rasiwan; Johannes Triestanto; Zulkarnain S
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 8 No. 1: Januari 2026
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i1.9965

Abstract

Discretion exercised by law enforcement officials constitutes an inherent authority within the law enforcement function to make decisions or take actions based on professional judgment, particularly in circumstances that are not comprehensively regulated by statutory provisions. In the development of modern criminal law, discretionary power has gained increasing relevance, especially when associated with the application of a restorative justice approach that emphasizes victim recovery, offender accountability, and the restoration of social harmony within the community. This article aims to examine the scope of discretionary authority held by law enforcement agencies in resolving criminal cases through a restorative justice framework in Indonesia. The discussion focuses on the factors that encourage the use of discretion, the normative and ethical limitations governing its application, the roles of various law enforcement institutions within the criminal justice system, as well as the challenges encountered in practical implementation. The research employs a normative juridical approach, utilizing library-based data collection methods through the analysis of statutory regulations, legal doctrines, and relevant national legal journal publications. The data are analyzed using a descriptive-analytical method to assess the alignment between legal norms and law enforcement practices. The findings indicate that law enforcement discretion can serve as an effective instrument in supporting the implementation of restorative justice, particularly in certain criminal cases with limited social impact. Nevertheless, the effectiveness of discretionary practices is highly dependent on the consistent application of prudential principles, proportionality, legal certainty, utility, and participatory transparency involving victims, offenders, and the community. In the absence of clear guidelines and adequate oversight mechanisms, the exercise of discretion may lead to legal uncertainty and unequal justice. Therefore, strengthening regulatory frameworks and enhancing the capacity of law enforcement personnel are essential prerequisites for optimizing discretion within a restorative justice-based criminal justice system.
Revision Of The Tni Law And Limitations On Military Involvement In Civil Affairs: The Perspective Of Constitutional Supremacy Ayik Christina Efata; Deny; Johannes Triestanto; Rio Akmal Syahbana; Rusdi Sanmas
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 8 No. 1: Januari 2026
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v8i1.9983

Abstract

The 2025 amendment to the Law on the Indonesian National Armed Forces (TNI Law) represents a significant phase in the evolution of civil–military relations in Indonesia, particularly with regard to the regulation of military involvement in civilian affairs. This article aims to examine the implications of the amended TNI Law for the principles of constitutional supremacy and civilian supremacy within the framework of a democratic state governed by the rule of law. The analysis primarily focuses on provisions concerning the appointment of active-duty military personnel to certain civilian positions and their compatibility with the principle of functional separation between the military domain and civilian governance. This study employs a normative juridical method, utilizing statutory and conceptual approaches, combined with qualitative analysis of legal norms, constitutional doctrines, and scholarly perspectives drawn from national academic journals The findings indicate that while the amendment seeks to normatively adapt the role of the TNI to contemporary security challenges, it simultaneously raises constitutional concerns regarding potential overlaps between civilian and military functions. Although the legislature emphasizes the existence of limitations and civilian oversight mechanisms, the provisions governing civilian positions accessible to active military personnel remain sufficiently broad to allow varied interpretations in practice. Such conditions may generate tension between the demands of national defense effectiveness and the principle of constitutional supremacy, which requires the military to operate under democratic civilian control. Accordingly, the amendment to the TNI Law must be critically assessed to ensure that it does not undermine the security sector reform paradigm established in the post-Reformasi era. This article underscores the importance of normative clarity, strengthened oversight mechanisms, and consistent legal implementation to ensure that military involvement in civilian affairs remains aligned with constitutional mandates and the principles of the rule of law.