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All Journal AT-TAFAHUM: Journal of Islamic Law
HM, Misdin Arifin
University of Malaya
Arts Humanities

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Outline Of The Development Of Military Criminal Law In Indonesia HM, Misdin Arifin; Ginting, Dian Safitri
AT-TAFAHUM: Journal of Islamic Law Vol 9, No 2 (2025)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29147

Abstract

This study aims to examine the broad development of military criminal law in Indonesia using normative legal research methods. The approaches employed include legislative and historical approaches to trace the dynamics of military criminal law regulation from the colonial period to the modern era. The results indicate that military criminal law in Indonesia was initially an adoption of the Dutch colonial legal system, which was then maintained and adapted after independence. Over its development, military criminal law has undergone a transformation toward a more modern national legal system while retaining its distinctive characteristics as an instrument for enforcing discipline in the military environment. However, this development also faces various challenges, such as the dualism between military criminal law and general criminal law and the suboptimal updates to the Military Criminal Code (KUHPM). Furthermore, there is a need to align military criminal law with the principles of the rule of law, transparency, and human rights protection. Therefore, efforts to reform regulations and harmonize laws are needed to create a more effective, just, and accountable justice system. This research is expected to contribute to the development of military criminal law in Indonesia and serve as a reference for further research.
Government Instruments HM, Misdin Arifin; Wijaya, Setiawan
AT-TAFAHUM: Journal of Islamic Law Vol 4, No 2 (2020)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v9i2.29090

Abstract

Government instruments are fundamental elements in the implementation of government functions based on the principle of the rule of law (rechtsstaat). In the practice of State Administrative Law, every action, decision, or policy taken by public authorities must be based on valid legal instruments. This is crucial to prevent abuse of authority (detournement de pouvoir) and arbitrary actions that have the potential to violate the constitutional rights of citizens. This paper is motivated by the need for a deep understanding of the transformation of government legal instruments in the increasingly complex modern era, especially in maintaining a balance between bureaucratic effectiveness and legal protection for the community. This research uses a normative juridical method by integrating a statute approach and a conceptual approach. The results of the study indicate that government instruments which include laws and regulations (regeling), state administrative decisions (beschikking), policy regulations (beleidsregel), discretion, and factual actions (feitelijke handelingen) have a strategic role in the dynamics of national law. These instruments function as legal means to guarantee legal certainty and provide protection mechanisms for citizens through means of objections and lawsuits. The proper arrangement of instruments is crucial for the realization of accountable, transparent governance, and in accordance with the General Principles of Good Governance (AAUPB). This study concludes that strengthening legal control over government instruments is an absolute prerequisite for preventing maladministration and strengthening the pillars of democracy.
Co-Authors Ginting, Dian Safitri Wijaya, Setiawan