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Journal of Political And Legal Sovereignty
Published by Indonesia Strategic Sustainability
ISSN : 29862523     EISSN : 29856523     DOI : 10.38142/jpls
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal of Political And Legal Sovereignty discusses the political And Legal Sovereignty under the auspices of PT Keberlanjutan Strategies Indonesia. The Journal of Political And Legal Sovereignty include topics such as the nature of sovereignty, its relationship to democracy, and the role of international law in shaping sovereignty. The Journal of Political And Legal Sovereignty is has published in four (4) issues per year and published in January – March, April – June, July – September, October – December. The scope of the Journal of Political And Legal Sovereignty includes: International Politics and Seurity International Law Comparative Law Criminal Law Sovereignty diplomatic law Constitutional Law Customary Law Nature Of Sovereignty Relationship To Democracy Role Of International Law In Shaping Sovereignty Political Science And Legal Theory Political Parties International Politics and Security
Arjuna Subject : Ilmu Sosial - Hukum
Articles 49 Documents
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The Role of Judges in Realizing the Three Basic Legal Values Reviewed from Gustav Radbruch's View KRISTHY, Mutia Evi; HAMDANI, Helmi; SIAMIKO, Miko; SANJAYA, Oki
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.81

Abstract

Purpose - Judicial power is necessary in a legal state. Judicial power functions to enforce the law by force. Forced law enforcement aims to achieve legal objectives. According to Gustav Radbruch, the law aims to fulfill a sense of justice, certainty, and benefit in living together.AMethodology - The fundamental values of law which, according to Gustav Radbruch, include justice (philosophical), legal certainty (juridical), and benefits for society (sociological)Findings - Gustav Radbruch's view of the three primary legal values is very important for judges in deciding cases. In realizing these values, judges should remain neutral, independent, and free and not be interfered with by political or government interests.Implication - Officials implementing judicial power should uphold the philosophical, juridical, theological, and moral meaning of irah-irah "for the sake of justice based on belief in the Almighty God" in every decision they pronounce. Conflicts in upholding justice, expediency, and legal certainty should not make every law and decision useless for a society that believes in justice.
Recognition of the Existence of Traditional Legal Communities from the Perspective of Legal Philosophy ADIYANTO, Bama; KRISTHY, Mutia Evi; MURTI, Jentung Wisnu; SALAHIDIN, Salahidin
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.82

Abstract

Purpose - The existence of customary law communities occurs naturally, which has natural consequences for obtaining their rights. The granting of their rights as legal subjects must be based on genuine awareness that they have the right to obtain them, not motivated by compassion, which is preceded by requests or requests through violent movements. The state was obligated to maintain the living space of existing communities long before the Indonesian state was formed.Methodology - In this writing, the author uses normative juridical methods by studying customary law communities ontologically, epistemologically, and axiologically.Findings - Recognition of its existence should be followed by legal certainty. Constitutive recognition of the existence of customary law communities is necessary. The stipulation of the Law on Indigenous Peoples is a form of state action in interpreting justice, as stated by Ulpianus.Implication - The existence of customary law communities should be seen as a community whose existence is beyond doubt because it has been epistemologically tested concerning current reality.
Afghanistan's Geopolitical and Geo-economic Significance in Regional Connectivity and Development YAR, Fayaz Gul Mazloum; ZAHID, Shamsurahman; MIAKHIL, Jan Mohammad
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.86

Abstract

Purpose - The emergence of industrial hubs focused on oil and gas energy has fortified economic structures by integrating production, transit, and energy consumption, a phenomenon known as "geo-economics. The Near East, a strategic region rich in hydrocarbon reservoirs, has garnered significant attention as it seeks to influence critical areas, bases, and operational centers to achieve political-military and economic-commercial objectives. Due to its unique geographical location and proximity to major powers like Russia and China, along with regional players such as Iran, Pakistan, and India, Afghanistan assumes a vital operational role.Methodology - This article discusses the consequences of economic, geopolitical, and geo-economic developments in Afghanistan and neighboring regions using analytical and descriptive methods and reliable scientific and research sources. This research method has used the data and results of numerous studies in this field and explained these developments' connections and mutual effects.Findings - Capitalizing on its exceptional geographical position, Afghanistan stands to capitalize on numerous economic opportunities in trade and transit. Despite efforts to leverage this potential, significant progress remains elusive.Implication - This article delves into the economic and political prospects and capabilities engendered by Afghanistan's geographic position, aiming to identify its critical attributes for developmental purposes.
Children's Criminal System as Criminal Offenders Perspective of Law Number 11 Of 2012 Concerning Children's Criminal Justice System FAHLAVI, Ananda Alif Rizal; ASMARANI, Emma Dwi; SHELVIANA, Shelviana; DEBIANTHO, Debiantho; HAMDANI, Helmi; ASIHAY, Yayang; JOVI; DODY; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.127

Abstract

Purpose: This study describes the principles system of legal protection against Children as criminal perpetrators in Law of the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Criminal Justice System refers to the Convention on The Rights of The Child, and it has covered most of the principles of child protection perpetrator as well.Methodology:The research method used in this study is normative legal research because it includes the scope of legal dogmatic learning or researching legal rules.Findings: The study also found that the provision of punishment against the child has been following that stipulated in Law Number 23 of 2002 concerning Children Protection, which states that imprisonment can be applied to the child when there is no last effort any longer and shall be executed separately from the adult prison.Implication:The child protection efforts shall be implemented by imposing restorative sentencing (restorative justice) and diversion if completing the requirement of Law Number 11 of 2012 concerning the juvenile criminal justice system.
Prostitution in the Context of Human Trafficking PRAMONO, Bayu Aji; RAMADHANI, Sri Ridma; AIKO, Ovelia; SALAHIDIN; HELMI; DEBIANTHO
Journal of Political And Legal Sovereignty Vol. 1 No. 4 (2023): Journal of Political And Legal Sovereignty (October – December)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i4.128

Abstract

Purpose:The phenomenon of prostitution is currently ubiquitous among young people. Based on this reality, the phenomenon of prostitution needs to be studied theoretically from a sociological and legal perspective, which also affects the emergence of laws and regulations that regulate the issue of human trafficking and prostitution. The purpose of this study is (1) to examine theoretically from sociological and legal perspectives on human trafficking and (2) to determine the influence of laws and regulations on trafficking and prostitution.Methodology:This study is empirical by using primary data and secondary. Primary data is collected by observation and interviews directly with related sides. Sample specified in purposive sampling. Secondary data was obtained by passing the bibliography study and document with the descriptive analysis.Findings:This study is empirical by using primary data and secondary. Primary data is collected by observation and interviews directly with related sides. Sample specified in purposive sampling. Secondary data was obtained by passing the bibliography study and document with the descriptive analysis.Implication:The Law is no longer effective in controlling the social conditions of society. It can be seen from the many laws and regulations that regulate the problem of prostitution and trafficking but are unable to overcome the problems that occur. Economic conditions are the cause of this. Apart from that, something interesting about prostitution is that social control laws are no longer able to regulate it because, from an early age, women have been educated to work in places of prostitution or night entertainment.
Various Forms of Regional Policy Supervision in the Era of Broad Autonomy PUTERA, Meldy; SISKA; DEWIATI, Yayu; SITOHANG, Erikjon; KRISTHY, Mutia Evi; JOVI; DODDY
Journal of Political And Legal Sovereignty Vol. 1 No. 3 (2023): Journal of Political And Legal Sovereignty (July – September 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i3.137

Abstract

Purpose: Following abolishing all controlling measures except repressive control, decentralisation triggered fundamental changes in local government administration. Tight control may obstruct regions' autonomy and hamper central-regional relations. Proportional control is indispensable for balancing local governments' freedom. All monitoring measures outside Act 32/2004 are unwarranted without improvement of legal instruments at the central government. Methodology: The method in the given text revolves around the historical analysis and constitutional references to explain the concept of autonomy in the Indonesian regional government system. It highlights the evolution of autonomy from the 1950 Provisional Constitution to the 1945 Constitution amendments, emphasizing the need for autonomy to prevent secessionist tendencies. Findings: Supervision in autonomy serves as a crucial control tool, impacting regional freedom and either fostering autonomy or promoting centralization, contingent on the government system. Historical patterns reveal strict centralization in regional policies, limiting regional autonomy.
Implementation of the Legality Principle in the Criminal Justice System of Indonesia AMIR, Firman; MEIFANI, Marina Tresna Ayu; SATRIADI; SETIYONO, Aries; MIKO; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 4 (2023): Journal of Political And Legal Sovereignty (October – December)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i4.139

Abstract

Purpose:The legality principle, a fundamental concept in Indonesian criminal law, underpins the legal framework for societal order. Originating from historical roots, it ensures justice, human rights protection, and transparent law enforcement. Article 1 Paragraph 1 of the Criminal Code solidifies its significance in Indonesian positive law. By examining the historical evolution, implications, and challenges of the legality principle, this article aims to deepen the comprehension of its impact on Indonesian criminal law. The ultimate goal is to contribute to a just and effective judicial system.Methodology:This study employs standard research methods, including a legal literature review and analysis of court decisions, to explore the application of the legality principle in the Indonesian criminal justice system.Findings:The principle enshrined in Article 1 Paragraph (1) of the Criminal Code emphasizes that punishment must align with pre-existing laws. It prohibits retroactive application and analogy use and ensures adherence to formal legal principles. In the Indonesian context, the legality principle is crucial for protecting citizens' rights, maintaining justice, and upholding societal values. Its application intersects with legal concepts like "nulla crimen sine lege," highlighting its significance in shaping the nation's legal landscape.Implication:The study highlights key findings on legal principles in the Indonesian criminal system, emphasizing the centrality of the legality principle, a formalistic approach, and ongoing efforts to integrate material aspects. Challenges include incorporating customary law and potential conflicts between legal systems.
The Analysis of Frerechtslehre Flow (The Judge's Creativity in Finding Law) Eungen Ehrlich in Justice and Human Rights Protection RONU, Janang Mula Andri; MARSIANSYAH; PRATAMA, Ananda Takdir; SUPARNA, Brilian Albar Dwi; ASIHAY, Yayang; DODY; JOVI; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 4 (2023): Journal of Political And Legal Sovereignty (October – December)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i4.140

Abstract

Purpose:Freirechtslehre is an approach that recognizes that law consists of written rules and is based on community practice and experience. In this analysis, first of all, Eungen Ehrlich's background and contribution to the development of the Freirechtslehre school are explained. Ehrlich emphasizes the importance of understanding law holistically by involving social, cultural, and economic factors in making legal decisions.Methodology:The research method that can be used in this analysis is descriptive. This method aims to describe and analyze the flows of Freirechtslehre developed by Eungen Ehrlich and its implications for judges' creativity in finding laws in the context of justice and human rights protection.Findings:This study concludes that the Freirechtslehre school significantly contributes to our understanding of judges' creativity in finding law and the importance of justice and the protection of human rights.Implication:In carrying out their duties, judges need to develop creativity in understanding and applying the law and consider the social context and values of justice to achieve justice and adequate protection of human rights
Financial Relations Between Central Government and Regional Government in Regional Autonomy JENERIO, Rio; WATI, Wilna; JAMILAH, Fitria Lailan; TUAHNU, Bernandus; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 4 (2023): Journal of Political And Legal Sovereignty (October – December)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i4.141

Abstract

Purpose: Law Number 23 of 2014 concerning Regional Government shows a division of authority between the Central Government, Provincial Government, and City Regency Government. Mapping or classification of central and local government affairs is regulated in Article 9 to Article 26.Methodology:The method used in research for writing this paper is to use the type of research "Normative," namely by using secondary data. Normative Law Research is research conducted on laws and regulations related to the legislation in this paper. In addition, by conducting a literature review of related literature.Findings: With regional autonomy, the government in the region in running the government requires costs to take care of its household for the region to get money; a source of regional income is needed.Implication:The Financial Relationship between the Central Government and Regional Government has been established by Law Number 1 of 2022 concerning Financial Relations between Central and Regional Governments, which repealed Law Number 28 of 2009 concerning Regional Taxes and Regional Levies and Law Number 33 of 2004 concerning Financial Balance between the Central Government and Regional Governments.
The Matter of Grandma Minah in the Perspective of Positivism YAPRIZAL, Andi; THEOPILUS, Ebith; KRISTHY, Mutia Evi
Journal of Political And Legal Sovereignty Vol. 1 No. 4 (2023): Journal of Political And Legal Sovereignty (October – December)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/jpls.v1i4.142

Abstract

Purpose: In a law there are various parties who will enforce the laws in force in Indonesia. These parties carry out law enforcement so as not to create a violation of the law, bring order to society and regulate society in accordance with the norms and rules that apply in a country is not easy to apply in public life.Methodology:The resolution of a case of violation of the law is a legal process. Legal process is an action to resolve cases of violations of the law to achieve a settlement in accordance with applicable regulations in Indonesia.Findings: In legal cases that have occurred in Indonesia, the provision of criminal sanctions against Grandma Minah who is a cocoa thief has received a lot of attention from the public. The case of "Grandma Minah" is an example of law enforcement in Indonesia that is still considered by the public to have not realized sanctions in rulings in accordance with conscience and moral considerations.Implication:The reason that often arises is the injustice of sanctions against theft crimes that can actually still be resolved by familial means. But this is the reality that occurs on the ground between legal theory and practice that has different implementations.

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