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Waruwu, Noman Tuboinam
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Analisis Sosiologi Hukum Terhadap Putusan Mahkamah Konstitusi Nomor 90/PUU-XII/2023 : Legitimasi Kekuasaan Dan Dinamika Sosial Di Indonesia Waruwu, Noman Tuboinam; Rosmalinda; Agusmidah
Case Law : Journal of Law Vol. 8 No. 1 (2026): Case Law : Journal of Law
Publisher : Program Studi Hukum Program Pasca Sarjana

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Abstract

The Constitutional Court is a state institution exercising independent judicial power to administer justice to uphold law and justice, whose decisions are final and binding. This study conducts an in-depth analysis of the Constitutional Court Decision Number 90/PUU-XII/2023 by applying a sociological perspective of law based on the theory of legal realism. The main focus of this study is to uncover how the legitimacy of power and the social dynamics that arise from the determination of the age limit for presidential/vice presidential candidates influence. This study uses a socio-legal methodology (socio-legal research) or a combined normative-empirical legal research that is descriptive-analytical in nature with the aim of describing the content of the decision and the social dynamics that arise, then analyzing the relationship between the two using the theories of legal realism and legal sociology. The results of the study indicate that the Constitutional Court Decision Number 90/PUU-XII/2023 is not merely the result of pure legal deduction, but is more significantly influenced by political interests outside the official legal framework (extra-legal), and creates social divisions (polarization), because it is considered to smooth the interests of those in power. Therefore, the study concludes that judicial independence is a crucial and fundamental element in maintaining the dignity and honor of the courts and achieving justice, certainty, and the benefit of the law. Keywords: Sociology of Law, Legitimacy of Power, Social Dynamics.
ANALISIS ARAH KEBIJAKAN PEMERINTAH TERHADAP UNDANG-UNDANG SPPA DAN RUU NARKOTIKA DALAM MEWUJUDKAN PERLINDUNGAN DAN KEPENTINGAN TERBAIK BAGI ANAK Waruwu, Noman Tuboinam; Agusmidah
Case Law : Journal of Law Vol. 8 No. 1 (2026): Case Law : Journal of Law
Publisher : Program Studi Hukum Program Pasca Sarjana

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA) establishes restorative legal policy, prioritizing diversion and the Best Interests of Children. However, this policy direction has the potential to be disharmonious with the Draft Narcotics Law (RUU Narcotics), which tends to maintain repressive criminal provisions and minimum sanctions, thus creating a dilemma of normative inconsistency. This study aims to analyze the consistency of the government's legal policy between the SPPA Law and the Narcotics Bill, and to reconstruct optimal policies to guarantee protection and the Best Interests of Children. This study uses a normative legal method with a statutory approach and a conceptual approach. Data are analyzed qualitatively through legal interpretation and construction of the SPPA Law and the draft Narcotics Bill. The results of the study indicate policy inconsistencies because the severe criminal provisions in the Narcotics Bill have the potential to undermine the obligation to diversion and limit judicial discretion. The minimum criminal sanctions maintained in the bill contradict the restorative spirit of the SPPA Law. The conclusion of this study is that the SPPA Law has not been fully internalized in the Narcotics Bill. The research recommends that the Narcotics Bill be reconstructed by incorporating the SPPA Law clause as an absolute lex specialis, removing the minimum sentence provisions for children, and requiring an Integrated Assessment as a prerequisite for determining a child's legal status to ensure the protection and best interests of children. Keywords: Policy Direction, SPPA Law, Narcotics Bill, Child Protection, Best Interests of the Child.