Askari Razak
Faculty of Law, Universitas Muslim Indonesia

Published : 8 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 8 Documents
Search

Between Jokes and Crime: A Legal Perspective on Catcalling in Public Spaces Nur Rahmawaty Idrus; Askari Razak; Syamsul Alam
HORIZON PUBLIC LEGAL STUDIES Vol. 2 No. 1 (2025): Vol 2 No 1 (2025): Horizon Public Legal Studies
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/ssyf3n92

Abstract

This study aims to analyze the legal provisions for verbal harassment (catcalling) as a form of sexual harassment in public spaces and to examine the urgency of legal protection for victims in Indonesia. This study uses a normative legal research method with an emphasis on the study of applicable legal norms, principles, and principles, through a literature review covering primary, secondary, and tertiary legal materials, which are then analyzed qualitatively to find a match between the construction of norms and the reality of victim protection. The renewal of this study lies in the emphasis on strengthening the victim's perspective in reading the phenomenon of catcalling as a violation of human dignity and the right to feel safe in public spaces, while also testing the effectiveness of existing legal regulations in responding to contemporary social dynamics. The results of this study indicate that catcalling is a form of verbal sexual harassment that has real psychological and social impacts, and has received stronger legal recognition, although in practice it still faces obstacles in terms of proof, the capacity of officials, and cultural normalization in society. The conclusion of this study confirms that legal protection for victims is not yet fully optimal and requires strengthened implementation, consistent law enforcement, and a victim-sensitive approach.  This study recommends consistent law enforcement with a victim-centered approach, along with public education, increased collective awareness of the need to reject catcalling, and further studies on the effectiveness of its implementation in practice.
The Effectiveness of Law Enforcement by the Police in Addressing Motorcycle Theft Crimes: A Study at the South Sulawesi Regional Police Ardia Uga Mawarni; Askari Razak; fahri Bachmid
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/

Abstract

This study aims to analyze the effectiveness of police functions in law enforcement against motorcycle theft within the jurisdiction of the South Sulawesi Regional Police. The research employs an empirical juridical approach by examining the implementation of law in practice through field data and legal analysis. Data were obtained from interviews with police investigators, documentation studies, and relevant legal materials. The findings indicate that police functions, including preemptive, preventive, and repressive measures, have been implemented but have not yet achieved optimal effectiveness. This is reflected in the gap between the number of reported cases and the rate of case resolution. Several factors influence this condition, including the consistency of legal regulations, the professionalism and integrity of law enforcement officers, limitations in facilities and infrastructure, low community participation, and the level of legal culture within society. The study emphasizes the importance of strengthening institutional capacity, utilizing technology, enhancing community involvement, and reformulating adaptive law enforcement strategies. These efforts are expected to improve the effectiveness of law enforcement and contribute to maintaining public security and order
Responsibility of Local Government in Ensuring the Rights of Informal Sector Workers: A Case Study of Illegal Parking Attendants in Tanah Abang Rama Nugraha Alvareza; Muhammad Kamal; Askari Razak
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/

Abstract

This study aims to analyze the responsibility of the DKI Jakarta Provincial Government in managing illegal parking attendants in the Tanah Abang area and its conformity with the principles of the rule of law and the fulfillment of the right to work. The study employs an empirical method with descriptive and prescriptive approaches to examine the gap between legal norms and social realities. The findings indicate that the existence of illegal parking attendants is a structural phenomenon influenced by limited access to formal employment and the high demand for parking services in urban areas. The policy approach, which has predominantly been repressive, has not been able to resolve the root causes and instead tends to create a recurring cycle between enforcement and the re-emergence of illegal parking practices. From the perspective of the rule of law, the implementation of Regional Regulation Number 5 of 2012 on Parking has not fully reflected the principles of legality, justice, and expediency. The fulfillment of the right to work requires the local government not only to enforce order but also to provide access to decent employment, legal protection, and social security for informal sector workers. Therefore, policy reform is needed through inclusive, adaptive, and data-driven measures, including data collection, administrative recognition, simplification of licensing, and strengthening of empowerment and job training programs. A comprehensive approach integrating legal, social, and economic aspects is expected to achieve substantive justice and improve public welfare sustainably.
The Effectiveness of the Implementation of Supervisory Functions by the Head of Wassidik Division in Handling Corruption Cases at the West Sulawesi Regional Police Andi Janganlolo; Askari Razak; Mursyid Mursyid; Hardianto Djanggih
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/

Abstract

This study examines the effectiveness of the implementation of supervisory functions by the Head of the Wassidik Division in handling corruption cases at the West Sulawesi Regional Police. Corruption in Indonesia has developed into a systemic and complex problem that requires professional, accountable, and transparent law enforcement. The investigation stage plays a crucial role in determining the success of uncovering corruption cases, making supervisory functions essential in ensuring procedural compliance and preventing abuse of authority. This research employs an empirical legal approach with a sociological perspective, focusing on law in action. Data were collected through interviews and document studies, then analyzed qualitatively using descriptive, interpretative, and evaluative techniques. The findings indicate that the supervisory function has been implemented but has not yet reached optimal effectiveness. Several inhibiting factors were identified, including limitations in human resources, inadequate infrastructure, weak inter-unit coordination, organizational cultural challenges, regulatory weaknesses, and the complexity of corruption cases. External intervention and limited budget allocation also affect supervisory performance. Strengthening institutional capacity, improving human resource competence, enhancing technological support, and reforming organizational culture are necessary to improve supervisory effectiveness. The study concludes that effective supervision is essential to ensure high-quality investigations and to support fair and accountable law enforcement in corruption cases
The Legal Construction of Electoral Crimes in the Indonesian Legislative Framework Muhammad Fadel Kadir; Nur Fadhilah Mappaselleng; Askari Razak
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/jy300x32

Abstract

This study examines the legal construction of electoral crimes within the Indonesian legislative framework. Elections in Indonesia are constitutionally mandated to be conducted in a direct, general, free, secret, honest, and fair manner as stipulated in Article 22E of the 1945 Constitution. To safeguard these principles, various statutory regulations have been enacted, particularly Law No. 7 of 2017 on General Elections and Law No. 10 of 2016 on Regional Head Elections. This research employs a normative legal method with statutory, conceptual, and analytical approaches to analyze the formulation of electoral criminal norms, the structure of offenses, legal subjects, protected legal interests, and sanction mechanisms. The study finds that the regulation of electoral crimes has been systematically constructed through a multi-layered framework consisting of constitutional provisions, statutory regulations, general criminal law, and implementing regulations. However, several issues remain, including ambiguity in the formulation of offense elements, overlap between administrative, ethical, and criminal violations, limited regulatory reach over digital-based electoral offenses, and inconsistencies in sanction proportionality. These challenges affect the effectiveness of electoral law enforcement and the protection of fundamental electoral principles. Therefore, harmonization and reformulation of electoral criminal norms are necessary to ensure clearer offense elements, stronger legal certainty, and a sanction system that proportionally protects the integrity of electoral processes and democratic legitimacy in Indonesia
Juridical Analysis of Legal Certainty in the Resolution of Land Rights Disputes in Makassar City Zaqia Rezky Intan Saputri; Muhammad Kamal; Askari Razak
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/9vpze114

Abstract

This study analyzes legal certainty in the resolution of land rights disputes in Makassar City and identifies factors affecting the effectiveness of non-litigation dispute settlement. Land disputes remain a significant legal issue in Indonesia, particularly in rapidly developing urban areas. This research applies a combined normative and empirical legal approach with qualitative analysis. Normative research examines legal norms and regulations governing land dispute resolution, while empirical research explores their implementation in practice. Data were collected through literature review, interviews, and field observations involving judges, officials of the National Land Agency (BPN), and legal practitioners in Makassar. The findings indicate that although mediation and other non-litigation mechanisms offer faster and less costly solutions, their implementation remains suboptimal. The effectiveness of legal certainty is influenced by several factors, including community culture, legal knowledge, legal structure, legal awareness, and supporting facilities and infrastructure. Among these, facilities and infrastructure as well as community culture are the most dominant factors. Strengthening institutional capacity, improving mediator competence, and enhancing legal literacy are essential to improve non-litigation land dispute resolution in Makassar City
The Role of Provost in Enforcing Internal Police Discipline: A Juridical Study at Battalion C Pelopor, Mobile Brigade Corps (Brimob), South Sulawesi Regional Police A. Muallim AM; Askari Razak; Baharuddin Badaru
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/8j8jab31

Abstract

This study examines the juridical function of the Provost in enforcing disciplinary law within the Indonesian National Police at Battalion C Pelopor of the Mobile Brigade Corps, South Sulawesi Regional Police. The research applies a sociological or empirical legal approach that analyzes law not only as written norms but also as legal behavior in institutional practice. Data were obtained through literature review, interviews, and observation involving police personnel, academics, legal practitioners, and members of the public. The findings show that the Provost serves as a strategic internal supervisory body responsible for monitoring, investigating, and enforcing disciplinary rules among police officers. The juridical basis of this function derives from Law Number 2 of 2002 on the Indonesian National Police and Government Regulation Number 2 of 2003 on Police Disciplinary Regulations. The study also reveals that disciplinary enforcement operates through systematic procedures such as reporting, investigation, and leadership decision-making. Its effectiveness, however, is influenced by legal substance, professionalism of officers, availability of facilities, community expectations, and organizational culture. Strengthening the capacity and independence of Provost personnel, improving legal awareness and professional ethics, and enhancing transparency in disciplinary processes are necessary to support institutional accountability and public trust in the police
Law Enforcement of the Crime of Human Trafficking against Indonesian Migrant Workers: An Analysis of Decision Number 1313/Pid.Sus/2023/PN Makassar Muh. Adit Anugrah Mukhsin; Askari Razak; Baharuddin Badaru
Al-Ishlah: Jurnal Ilmiah Hukum Vol 29 No 1 (2026): December 2025 - May 2026
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/

Abstract

This study aims to analyze law enforcement against the crime of human trafficking involving Indonesian migrant workers, as well as the judicial considerations in Decision Number 1313/Pid.Sus/2023/PN Makassar. This research employs a normative legal method using statutory, case, and conceptual approaches. The results indicate that, from a juridical perspective, law enforcement against human trafficking has a strong legal foundation in both national law and international instruments. The court decision reflects the application of the principle of material truth and the independence of judicial power through juridical and sociological considerations. However, there remain weaknesses in the sentencing aspect, which has not fully produced a deterrent effect and has not optimally fulfilled victims’ rights, particularly concerning restitution and recovery approaches. This study recommends strengthening sentencing policies oriented toward substantive justice through the integration of retributive and restorative approaches, enhancing victim protection, and improving coordination and capacity of law enforcement authorities in order to increase the effectiveness of law enforcement and protection for Indonesian migrant workers