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Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30319714     EISSN : 30319730     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Topics of interest in the Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 166 Documents
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Pemberian Pembebasan Bersyarat Bagi Narapidana Residivis di Lapas Kelas IIA Kota Gorontalo Abubakar Sidik Mohamad; Dian Ekawaty Ismail; Mohamad Taufiq Zulfikar Sarson
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i4.549

Abstract

The implementation of Parole is part of the guidance efforts based on the request of the convict, by considering the provisions of "Law Number 22 of 2022 concerning Corrections, and Government Regulation Number 31 of 1999 concerning Guidance and Guidance of Correctional Inmates, as well as several other implementing regulations. Parole is one of the objectives of the prisoner guidance system which is implemented based on the Correctional system. The goal is to prepare prisoners to be able to integrate with society in a healthy way and return to their role as free and responsible members of society. This process is subject to regulations such as the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 03 of 2018 concerning the Requirements and Procedures for Granting Remission, Assimilation, Visiting Family Leave, Parole, Leave Before Release, and Conditional Leave. This study aims to analyze the implementation of granting parole to recidivist prisoners in the Class IIA Correctional Institution (Lapas) of Gorontalo City. This study uses a normative-empirical research type in the non-judicial case study category, namely a case study conducted without any conflict, so it does not involve the court. The results of the study indicate that the process of granting parole for recidivist prisoners in Class IIA Penitentiary in Gorontalo City is still faced with various obstacles, including the lack of effective guidance, weak supervision, and inconsistent policies. In addition, there is a negative perception from the community towards granting parole to recidivists, which has an impact on their social reintegration. Based on these findings, it is necessary to review policies and improve guidance and supervision programs for recidivist prisoners to reduce the rate of recidivism and increase the effectiveness of parole as a tool for social reintegration.
Etika dan Integritas Pilar Utama Pencegahan Korupsi di Lingkungan Kampus Jesica Angel
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i4.562

Abstract

Ethics and integrity play a crucial role in creating an academic environment free from corrupt practices. As a center of learning, the campus should serve as a model for its students in upholding high moral and ethical standards. This article aims to highlight the importance of ethics and integrity as fundamental pillars in efforts to prevent corruption within the academic setting, such as on campus. Through a qualitative approach, data were collected from interviews with two campus workers—a canteen staff member and a parking attendant—who frequently interact indirectly with students and staff. These interviews explore their perspectives on the importance of being honest, responsible, and disciplined in their daily work. The findings show that even though they are not involved in academic activities, both workers contribute significantly to fostering an anti-corruption culture on campus. The canteen staff emphasized the importance of transparency in setting food prices to maintain students' trust, while the parking attendant stressed the need for discipline and order in managing the parking system to prevent irregularities. This article also examines how simple ethical behaviors, such as honesty in transactions and adherence to rules, can have a substantial impact on creating an integrity-driven campus environment. Therefore, the implementation of ethics and integrity is not solely the responsibility of academics but also of every element of the campus community without exception. In conclusion, strengthening the culture of ethics and integrity across all aspects of campus life is an essential part of a sustainable strategy to prevent corruption.
Analisis Yuridis terhadap Implementasi Undang-Undang Nomor 8 Tahun 2015 dalam Strategi KPU Meningkatkan Partisipasi Pemilih Muda pada Pilkada Serentak Imroatul Hasanah; Ilham Ilham; Nanda F; Zilda Khilmatus Shokhikhah
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Januari : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.600

Abstract

This study examines the implementation of Law Number 8 of 2015 within the context of the General Election Commission's (KPU) strategy to increase young voter participation in simultaneous regional elections (Pilkada). Employing a normative juridical research method with a statutory approach, this analysis investigates the legal basis and KPU's strategies in efforts to enhance young voter engagement. The research findings indicate that Law No. 8/2015 and PKPU No. 8/2017 provide a comprehensive legal basis for the KPU to implement strategies for increasing young voter participation through various programs such as school-based socialization, social media campaigns, and collaborations with youth organizations and educational institutions. Factors influencing the effectiveness of these strategies include internal aspects such as human resources, knowledge management, and financial support, as well as external factors such as public political awareness, effective communication, and public response. This research concludes that while the legal framework is adequate, more detailed regulations regarding young voters are still needed, and the strategies implemented by the KPU are in line with existing laws.
Kewarganegaraan dan Pertanggungjawaban Pidana: Studi Kasus Pengadilan Internasional Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Sinta Amalia; Jamilatul Dwi Aulia Khasanah; Fina Nailissa’adah
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Januari : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.612

Abstract

This research examines issues related to citizenship and criminal responsibility in the context of international courts, with a focus on how these challenges influence law enforcement processes. Through a case study-based qualitative analysis approach and a review of recent literature, this research explores how dual citizenship, the political status of perpetrators, and globalization influence jurisdiction and justice in international courts. Case studies analyzed include The Prosecutor v. Al-Bashir and The Prosecutor v. Dominic Ongwen, who shows how these issues hamper international courts' efforts to enforce the law. The findings of this research underscore the need for reform in the international legal system, including legal harmonization, reform of extradition mechanisms, and increased coordination between courts. This research also highlights the importance of continuous education and training for international law officials to face new challenges in the era of globalization.
Budaya dan Kewarganegaraan : Identitas Ganda dalam Masyarakat Multikultural Indonesia Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Nur Zika Fauziah; Rahmad Adi Nugroho; Sri Wahyuni
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i4.623

Abstract

This study investigates the role of citizenship in the context of dual identity in Indonesia's multicultural society, as well as how Islamic law and national law interact with law enforcement. Due to the extraordinary cultural and religious diversity, Indonesia faces challenges in integrating the dual identities of its people. Cultural and religious identities often lead to conflicts among citizens governed by national law, especially when it comes to religious rules and Islamic law. How dual identity affects law enforcement in Indonesia is explored through qualitative research using descriptive-analytical techniques. Data was obtained through in-depth interviews with relevant individuals and analysis of national legal and religious documents. The research results indicate that although Law No. 12 of 2006 on Citizenship provides a legal basis for all citizens. In reality, Islamic law often plays a larger role in the lives of Muslim communities. The disagreement between religious law and national law causes chaos in law enforcement, especially regardingin heritance and family issues. In addition, this research examines the legal systems in other countries with multicultural populations, such as Malaysia, India, and Canada. These countries demonstrate similar issues in creating fair legal policies for multicultural societies. This research concludes that an inclusive approach must be used in the formulation of legal policies in Indonesia so that dual identities in society can be accepted by the state’s legal system, allowing.
Konsep Kewarganegaraan Ganda dalam Tinjauan Hukum Positif dan Hukum Islam Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Irfan Ammar Najib; Khanafi Rizki Pratama; Yuliana Fajar Nur Hidayati
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Januari : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.624

Abstract

This research discusses the concept of dual citizenship in the perspective of Indonesian positive law and Islamic law. Dual citizenship refers to the legal status in which a person is recognized as a citizen by more than one country, a phenomenon that is increasingly relevant in the era of globalization. In Indonesian positive law, dual citizenship is generally not recognized, except in special cases such as children from mixed marriages. However, increasing global mobility and individual rights have prompted discussion on the need for wider recognition of dual citizenship. Meanwhile, Islamic law provides a more flexible approach by considering the maqasid al-shariah principle which emphasizes the protection of basic human rights. Through a normative juridical and sociological approach, this research explores how the two legal systems deal with dual citizenship and what the implications are for individuals as well as the state. A comparative study of dual citizenship Dual Citizenship, Positive Law, Islamic Law, Maqasid al-Shariah, Citizenship Regulation practices in several other countries, such as the United States, Canada, Egypt and Pakistan, was also conducted to gain greater insight and understand the best practices that can be adapted in Indonesia. The results show that despite resistance to dual citizenship, its implementation can provide significant benefits, both in terms of protecting individual rights and strengthening international relations. Therefore, it is recommended that Indonesia consider a more comprehensive and inclusive policy regarding dual citizenship, which is in line with positive legal values and Islamic legal principles. This research can hopefully serve as a reference for policy makers and academics in developing regulations that are adaptive to global dynamics.
Susunan Pancasila Yang Bersifat Hirarkis dan Berbentuk Piramidal, Sebagai Sistem Filsafat,dan Urgensi Pancasila Sebagai Sistem Filsafat Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Nanda Widyadinata; Sahara Yuliana; Yunandia Yunandia
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i4.627

Abstract

Pancasila, as the basis of the Indonesian state, is a philosophical system that underlies national and state life with the principles of divinity, humanity, unity, democracy and social justice. The background to this research focuses on the urgency of Pancasila in globalization and also rapid social change, where new challenges require adaptation so that Pancasila remains relevant and effective. The aim of the research is to analyze the hierarchical and pyramidal structure of Pancasila, the formulation of the relationship between the precepts which complement and qualify each other, as well as the dynamics and challenges faced by Pancasila as a philosophical system. The research method uses library research to collect and analyze data from various relevant sources. The research results show that Pancasila, with its hierarchical structure that positions the precepts in a mutually supportive order, functions as a strong moral and ideological guide. The relationship between the Pancasila principles complement each other and also clarify each other's principles, forming a coherent and comprehensive system. However, challenges such as globalization, social inequality and political dynamics require adjustment and adaptation to maintain the relevance of Pancasila. This research emphasizes the importance of further study and development to ensure that Pancasila remains the basis of a strong and effective state in the modern era.
Tanggung Jawab Dinas Kependudukan dan Pencatatan Sipil Kabupaten Kupang dalam Menjamin Kepastian Hukum Bagi Pasangan Suami-Isteri yang Melangsungkan Perkawinan di Kecamatan Amarasi Timur Bafelix Marlon Naitboho; Yohanes G. Tuba Helan; Detji K.E.R. Nuban
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Januari : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.641

Abstract

The government is required to always be able to prosper the community it leads, but most people still lack participation in every government program or policy issued. As mentioned in Law Number 24 of 2013 concerning Population Administration, population documents are official documents issued by Implementing Agencies that have legal force as authentic evidence resulting from population registration and civil registration services. This study uses an empirical juridical method seen from norms or das sollen and an empirical approach, namely law as a social and cultural reality by taking primary data from the field in analyzing existing problems. Based on the results of research and discussion, it was found that the government in this case is still making efforts to pick up the ball in collaboration with traditional leaders and religious offices to socialize the importance of taking care of marriage certificates and collect data on couples who hold marriages in Kupang Regency and are required to issue marriage certificates after receiving marriage reports from the authorities
Model Penanganan Pelanggaran Kode Etik Penyelenggara Pemilu di Kabupaten Karawang Siti Hamimah; Rengga Kusuma Putra
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 4 (2024): Oktober : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i4.645

Abstract

The election organizers are regulated in Law Number 7 of 2017 as institutions that organize elections, consisting of the General Election Commission (KPU), the Election Supervisory Agency (Bawaslu), and the Honorary Council of Election Organizers (DKPP) as a unified election task force. The supervisory board elects members of the council, parliament members, representatives of state bodies, the president and vice president, as well as members of the people's representative council directly from the people. To implement Law No. 7 of 2017, the independence and autonomy of election organizers are required. These institutions will later have specific regulations to handle violations committed by election organizers. The mechanism for resolving violations by election organizers is regulated in DKPP Regulation Number 2 of 2019. This regulation contains several procedural rules for DKPP sessions, which then result in final and binding decisions. The problem formulation in this writing includes, How is the concept of handling ethical code violations of election organizers, and How to find an ideal model for handling ethical code violations of election organizers. The research method used is normative juridical writing. The handling of electoral criminal offenses, which has not been optimal as described above, is due to the supervisory scope of Bawaslu, as mandated by the Election Law, not being implemented maximally. Article 486 paragraph (2) stipulates that "Gakkumdu as referred to in paragraph (1) is attached to Bawaslu, Provincial Bawaslu, and Regency/Municipal Bawaslu" and Article 486 paragraph (4) states that "Investigators and prosecutors as referred to in paragraph (3) carry out their duties full-time in handling election criminal offenses." These two provisions emphasize that the scope of control over the process of handling electoral criminal offenses conducted by the Gakkumdu center lies within Bawaslu, not within each institution.
Disinformasi di Era Post-Truth: Ancaman terhadap Demokrasi dan Mobilitas Global Salma Nabila Rianissa
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 2 No. 1 (2025): Januari : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v2i1.659

Abstract

The Post-Truth phenomenon has posed significant challenges to global democracy, particularly through the spread of disinformation that undermines public trust in political institutions and democratic processes. In this era, emotions and personal beliefs are prioritized over objective facts, exacerbating political polarization and creating an environment where hoaxes and disinformation can influence political decisions and citizen participation. Furthermore, the Post-Truth era impacts global mobility, as disinformation on issues such as migration, international policies, and ethnic identity heightens tensions between nations and threatens the integrity of international policies. This research aims to explore how disinformation in the Post-Truth era poses a threat to the stability of democracy and global mobility. Using a literature review method from various academic sources, this article analyzes the impact of disinformation on political processes, security, and international relations in the digital era. The findings indicate that disinformation significantly damages democracy and hinders global mobility, highlighting the need for collective measures to combat this threat.

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