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Dynamics of Politics and Democracy
Published by Goodwood Publishing
ISSN : -     EISSN : 28072200     DOI : https://doi.org/10.35912/dpd
Core Subject : Social,
Dynamics of Politics and Democracy adalah jurnal internasional, peer-review, dan akademik yang mendorong penelitian interdisipliner berkualitas tinggi dalam berbagai bidang ilmu politik dan demokrasi. Jurnal ini menyambut naskah penelitian yang dikembangkan secara ilmiah dan bertujuan untuk membahas isu-isu penting terkait politik dan demokrasi. Ruang lingkup jurnal mencakup, namun tidak terbatas pada, bidang-bidang seperti pemerintahan, kebijakan publik, gender dan politik, pemilu, partai politik, hubungan internasional, pemikiran politik, dan kebebasan berpendapat.
Articles 88 Documents
Legal analysis of the use of artificial intelligence systems in military operations carried out by the TNI reviewed from the principles of humanitarian law Reynaldo Adi Putra; Tiarsen Buaton; Allan Hermit Prasetyo
Dynamics of Politics and Democracy Vol. 3 No. 1 (2023): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v3i1.2978

Abstract

Purpose: This study analyzes the application of artificial intelligence systems in military operations by the TNI by paying attention to the enforcement of humanitarian law principles. Research/methodology: The research method used is normative juridical with an analysis of applicable legal provisions which is carried out by reviewing and collecting legal documents and limited interviews with experts in their fields. Results: The conclusion of this study is that although artificial intelligence systems have great potential to influence the methods and tools in current and future military operations. The influence of artificial intelligence systems gives the system the authority to move on its own without any role from humans. Changes in the pattern of military operations require a clear legal framework and strict enforcement to ensure that their use by the TNI does not violate the principles of humanitarian law. Suggestions: This study suggests the need to develop more comprehensive national and international regulations to regulate the use of artificial intelligence systems in military operations carried out by the TNI in order to comply with the principles of humanitarian law.
Analysis of international legal protection of the existence of the state of Palestine and the legality of Israel's counter-attacks against the attacks launched by Hamas Roniya Yudha Sanjaya
Dynamics of Politics and Democracy Vol. 3 No. 1 (2023): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v3i1.2979

Abstract

Purpose: This study is expected to provide significant scientific contributions in understanding the dynamics of international law in the context of armed conflict, as well as providing policy recommendations to strengthen efforts for a peaceful resolution. Research/methodology: This study uses a normative legal method with a case approach and is analyzed based on relevant international legal principles, including the Charter of the United Nations, the Geneva Conventions, and international humanitarian law. Conclusions: This study concludes that although the right to self-defense is recognized internationally, its implementation must always be in line with the principles of justice, humanity, and applicable law to avoid things that can worsen the humanitarian situation. Contributions: this study provides a significant scientific contribution in understanding the dynamics of international law in the context of armed conflict, as well as providing policy recommendations to strengthen efforts for peaceful resolution.
Criminological perspective in corruption crimes committed by TNI army soldiers (Case Study of Decision Number: 21-K/PMT-II/AD/II/2022 and Case Study of Decision Number: 44-K/Connection/PMT-II/AD/VIII/2022) Saddam Febrianto
Dynamics of Politics and Democracy Vol. 3 No. 1 (2023): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v3i1.2980

Abstract

Purpose: This study aims to analyze the Criminological Perspective in Corruption Crimes Committed by TNI AD Soldiers (Case Study of Decision Number: 21-K/PMT-II/AD/II/2022 and Case Study of Decision Number: 44-K/Koneksitas/PMT-II/AD/VIII/2022). Research/methodology: The type of research in this study uses the normative juridical research type. This type of normative juridical research is research that uses or refers to legal norms that can be in laws and regulations that refer to legal norms. The author conducted research, which is descriptive and analytical. Data analysis was carried out using qualitative analysis methods. Results: The result of a construction analysis that underpins the TNI AD soldiers to commit corruption crimes in juridical studies and criminological studies is the nature of the juridical study that the author analyzes from the two corruption convictions that have been tried in this connection court is that the defendant is legally and justifiably proven to have committed a corruption crime and has been sentenced to a heavy prison sentence accompanied by a large fine and the existence of a criminal additional in the form of replacement money. Analysis Results Regarding the case raised in this study regarding the connection of corruption crimes committed by the military and civilians, the panel of judges has imposed heavy criminal sanctions on the perpetrators, this is actually from two things, namely justice for the victim and justice for the perpetrator. The perpetrator for his actions has been sentenced with heavy sanctions.
Law enforcement against Indonesian army soldiers committing the criminal act of bigamy (Case Study of Supreme Court Decision Number 108 K/MIL/2023) Slamet Riyadi
Dynamics of Politics and Democracy Vol. 4 No. 1 (2024): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i1.2981

Abstract

Purpose: There are many cases of multiple marriage crimes committed by Indonesian Army soldiers who are subject to criminal penalties as stipulated in Article 279 paragraph (1) of the Criminal Code; however, law enforcement is not concrete and consistent. Based on SEMA 3 of 2015, soldiers committing multiple marriage crimes must be dismissed from military service, but in Supreme Court Decision Number 108 K/MIL/2023, they were acquitted. Given this background, the author examines how law enforcement and the impact of the decision are carried out using qualitative normative legal research with a phenomenological and descriptive case approach. Research/methodology: This study applies normative legal research using a phenomenological and descriptive case study approach. The theories used are the theory of criminal responsibility and deterrence theory. Results: The study finds that law enforcement against Indonesian Army soldiers committing multiple marriage crimes is handled through the Military Justice system under Law Number 31 of 1997. However, the acquittal in the Supreme Court decision reflects inconsistency in law enforcement and potentially weakens its deterrent effects. Conclusions: Law enforcement is conducted through military courts based on applicable laws; however, inconsistencies, such as acquittals, may undermine legal certainty and discipline within the military. Limitation: This study is limited to one Supreme Court decision and its implications for the military justice system. Contribution: This study contributes to the understanding of how inconsistencies in military court rulings affect legal integrity, institutional trust, and deterrence in the context of military criminal law.
Criminological analysis of narcotics crime verdicts committed by members of the military (Study of Military Court Decisions) Sri Widodo
Dynamics of Politics and Democracy Vol. 4 No. 1 (2024): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i1.2982

Abstract

Purpose: The main problems in this research are: (1) How is the construction of narcotics crimes committed by military personnel reviewed from legal and criminological aspects? (2) What is the background to the judges’ decisions to impose penalties for narcotics crimes?. Research/methodology: This study uses normative legal research with a descriptive-analytical approach. The data used were secondary data supported by interviews. The analysis was qualitative, and conclusions were drawn deductively. Results: Based on the results and discussion, it was concluded that the construction of narcotics crimes committed by military personnel was viewed legally from three military court decisions, each describing the reasoning behind not dismissing the offenders. Criminologically, it refers to Rational Choice Theory (RCT), where individuals freely choose to obey or violate rules based on rational considerations. This theory is supported by the legal documents and interview data. Military judges should impose stricter sanctions on such offenders to ensure a deterrent effect, educate others, and improve public perception of the Indonesian National Army. Conclusion: Weak punishment for military narcotics offenders risks reducing the authority of the military judiciary and damaging institutional reputation. Limitation: This study is limited to three court decisions and selected expert sources, which may not represent all the cases. Contribution: This study highlights the inconsistencies in sentencing military drug offenders and calls for stronger and more consistent sanctions to reinforce deterrence and restore institutional integrity.
Legal analysis of the urgency of determining the free papua organization (OPM) as a perpetrator of gross human rights violations in Indonesia Syaif Hizbulhaq Alwathoni
Dynamics of Politics and Democracy Vol. 4 No. 1 (2024): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i1.2983

Abstract

Purpose: This study analyzes the urgency of determining the Free Papua Movement (OPM) as a perpetrator of gross human rights violations in Indonesia from a legal perspective. The main focus is to understand and examine the legal consequences and social impacts of such a determination in enforcing justice and protecting human rights in Indonesia. Research/methodology: The research uses a normative legal research method with a descriptive-analytical approach. It relies on secondary data, including legal literature, laws and regulations, and the opinions of legal experts. Results: The study shows that OPM has committed various acts of violence that violate human rights, such as murder, torture, and kidnapping. Declaring OPM as a perpetrator of gross human rights violations is crucial to uphold the principles of justice and equality before the law, in line with national and international legal standards. Legal action against OPM not only aims to impose sanctions but also functions as a preventive measure to deter similar crimes in the future. Experts in human rights law stress the need for a proportional and effective governmental response to such cases. Conclusion: Determining OPM as a perpetrator of gross human rights violations is a necessary legal step to enforce justice, deter future crimes, and protect human rights in Indonesia. Limitations: The study is limited to secondary data without field verification or empirical assessment of the implementation challenges. Contribution: This research contributes to the development of legal science and offers strategic insights into the legal handling of gross human rights violations in Indonesia.
Juridical analysis of the position of laboratory results in proving narcotics crimes in the military environment (Juridical Review in Decision Number 12-K/PMT-II/AU/V/2021) Syawaluddin Sarumpaet
Dynamics of Politics and Democracy Vol. 4 No. 1 (2024): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i1.2984

Abstract

Purpose: This study aims to analyze the Juridical Position of Laboratory Results in Proving Narcotics Crimes in the Military Environment (Juridical Review in Decision Number 12-K/PMT-II/AU/V/2021). Research/methodology: This research is a type of normative juridical research using a descriptive analytical approach. The analysis relies on the examination of legal sources and court documents related to the case. Results: Laboratory results serve as very strong and absolute evidence because they are based on measurement and weighing, which contain certainty compared to witness statements. It is impossible to identify narcotic content in blood or urine by visual observation; thus, laboratory tests are indispensable. According to the minutes of the Criminal Laboratory Examination No. LAB 5743/NNF/2020, various items were tested and confirmed to contain methamphetamine. In this context, a negative urine test alone is insufficient to acquit a defendant. Judges must consider all the evidence presented, and a decision must be based on a minimum of two valid pieces of evidence. Conclusion: Even if the urine test result is negative, a guilty verdict can still be rendered if there is other valid evidence supporting the charges. Limitation: This study is limited to a normative juridical review and does not include empirical data from field studies or interviews with legal practitioners. Contribution: This study contributes to the understanding of the evidentiary value of laboratory results in military narcotics trials and provides a juridical framework for evaluating evidence beyond urine test outcomes.
Legal analysis of the implementation of article 33 of the criminal code concerning minors in military relations with law number 11 of 2012 concerning the juvenile criminal justice system Wahyudi Hidayat
Dynamics of Politics and Democracy Vol. 4 No. 1 (2024): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i1.2985

Abstract

Purpose: This study aims to analyze the legal protection of children in conflict with the law within the Indonesian criminal justice system, particularly military minors. Article 33 of the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System are both central in regulating the judicial process for minors in military service. However, the potential contradiction between these two legal frameworks requires critical examination to ensure that children's rights are not violated. Research/methodology: This research uses a normative juridical approach. Data were collected through document analysis and literature study, including library research and other sources related to juvenile justice and military law. Results: The study finds that although both Article 33 of the Criminal Code and Law Number 11 of 2012 are designed to provide protection, their implementation in cases involving military minors may lead to legal uncertainty. There is a need for legal harmonization to uphold fair trial principles and to ensure that military minors are given the same special protections as other children in conflict with the law. Conclusion: Legal inconsistencies can negatively affect the rights of military minors. Reconciliation between general criminal law and juvenile justice law is necessary to create a more just legal framework. Limitation: This study is limited to legal analysis and does not involve empirical case data or interviews with practitioners. Contribution: The study contributes to legal scholarship by highlighting the urgency of synchronizing juvenile justice with military regulations, ensuring fair legal treatment for all minors.
Analysis of the management strategy for retribution revenue from sports venues in Papua Province Yetty Margen Aronggear; Elsyan R Marlissa; Risky Novan Ngutra
Dynamics of Politics and Democracy Vol. 4 No. 2 (2025): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i2.3084

Abstract

Purpose: This study aims to examine the implementation and contribution of retribution from sports facilities and infrastructure in supporting the Regional Original Revenue (PAD) of Jayapura City, as well as to identify the supporting and inhibiting factors affecting its effectiveness. Research methodology: The research employs a qualitative descriptive approach, using data collection techniques such as interviews, observations, and document analysis involving relevant stakeholders from the Youth and Sports Office and the Regional Financial Management Agency of Jayapura City. Results: The findings indicate that while the collection of retributions has been implemented according to standard procedures, its contribution to PAD remains relatively low. This is attributed to several obstacles, including insufficient operational budgets, limited human resources, underutilization of sports facilities, and the public's economic limitations. Conclusions: Retribution from sports facilities has the potential to support regional income; however, its effectiveness is constrained by institutional and socio-economic factors. With improved budgeting, monitoring, and utilization of facilities, this revenue source could make a more substantial contribution to Jayapura City's PAD. Limitations: This study is limited to the scope of Jayapura City and specifically focuses on retributions from sports facilities. Therefore, the results may not be generalizable to other regions or types of local revenues. Furthermore, the reliance on qualitative methods limits the extent of financial quantification and broader statistical analysis. Contribution: This research contributes to policy evaluation in optimizing local non-tax revenues. It also offers practical insights for improving retribution governance, particularly in the sports services sector.
The philosophical essence and role of the concept of compromise: A methodological analysis Rakhmatova Kholidakhon Kholikovna
Dynamics of Politics and Democracy Vol. 2 No. 2 (2023): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v2i2.3194

Abstract

Purpose: This study aims to analyze the philosophical essence and methodological foundations of the concept of compromise, with a focus on its role in fostering harmony and stability in political, social, and spiritual contexts, particularly within the Naqshbandi teachings in Uzbekistan. Research methodology: The research employs dialectical, synergetic, hermeneutic, and metaphysical approaches to examine the definitions, interpretations, and practical applications of compromise. It draws from primary sources in Sufism, literature reviews, and philosophical texts to explore the multifaceted meanings of compromise across individual, social, and institutional levels. Results: The study finds that the philosophy of compromise, especially as taught in the Naqshbandi tradition, serves as a vital mechanism for sustaining peace, social cohesion, and ideological resilience. It highlights how the culture of dialogue, self-awareness, and moderation strengthens interpersonal and community relations, promoting long-term stability and development in diverse social environments. Conlusion: Compromise in the Naqshbandi tradition is a holistic philosophy promoting peace, tolerance, and social balance. It reflects a spiritual and ethical approach to resolving conflicts and fostering community harmony. Limitation: The study is context-specific to Naqshbandi teachings in Uzbekistan and lacks empirical validation, limiting its generalizability across broader contexts. Contribution: This research integrates spiritual philosophy into political discourse, offering a multidimensional framework for understanding compromise as both ethical and practical in sustaining social cohesion.