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Cognitionis Civitatis et Politicae
Published by Yayasan Adra Karima Hubbi
ISSN : 30482291     EISSN : 30481929     DOI : 10.70177/politicae
Core Subject : Social,
Social Sciences
Cognitionis Civitatis et Politicae is an international forum for the publication of peer-reviewed integrative review articles, special thematic issues, reflections or comments on previous research or new research directions, interviews, replications, and intervention articles - all pertaining to the research fields of Social Science and Political Science research. All publications provide breadth of coverage appropriate to a wide readership in Social Science and Political Science research depth to inform specialists in that area. We feel that the rapidly growing Cognitionis Civitatis et Politicae community is looking for a journal with this profile that we can achieve together. Submitted papers must be written in English for initial review stage by editors and further review process by minimum two international reviewers.
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 57 Documents
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Evaluating the Economic Impact of Indonesia's Public Policy Reforms on SMEs in the New Capital City Yusuf, Khanan; Maulana, Supriyadi; Cahayani, Agustin
Cognitionis Civitatis et Politicae Vol. 1 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i4.1350

Abstract

The Indonesian government has announced plans to move the country's capital from Jakarta to the Benua Etam region. The main objective of the move is to reduce the burden on overpopulated Jakarta, as well as to flatten economic and infrastructure development to the eastern region of Indonesia. The existence of the Capital City of the Archipelago (IKN) in East Kalimantan offers great potential to strengthen the Micro, Small and Medium Enterprises (MSMEs) ecosystem in the region. As a new center of government designed to offset the burden of central Jakarta, IKN Nusantara can be a catalyst for the growth and sustainability of MSMEs, and strengthen their contribution to the national economy. This study aims to evaluate the economic impact of public policy reforms in Indonesia on MSMEs in the new IKN. The results of this study are expected to provide a clear picture of the economic impact of public policy reforms in Indonesia on MSMEs in the new IKN, as well as assist the government and MSME businesses in designing more effective policies and optimizing the potential of MSMEs in the region.
Social Media Activism: The Rise of Digital Movements in the Global South Pardosi, Pardomuan; Muttaqim , Hakim; Sukrisno Sugeng , Irwin
Cognitionis Civitatis et Politicae Vol. 1 No. 6 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i6.1542

Abstract

The proliferation of social media has revolutionized activism, particularly in Global South countries, where traditional forms of protest often face significant constraints. This research examines the rise of digital movements facilitated by social media platforms, focusing on how these tools empower marginalized communities and amplify their voices. The study aims to analyze the strategies employed by activists and the impact of social media on mobilization and advocacy efforts in these regions. A mixed-methods approach was utilized, combining quantitative surveys of social media users involved in activism with qualitative interviews of key activists and organizations. Data were collected from several Global South countries to provide a comprehensive understanding of the digital activism landscape. Findings indicate that social media not only enhances the visibility of social issues but also fosters community building and solidarity among diverse groups. Activists reported increased engagement and reach through digital platforms, which have allowed them to bypass traditional media gatekeepers. The research concludes that social media plays a pivotal role in the resurgence of activism in the Global South, enabling grassroots movements to flourish. While digital tools offer unprecedented opportunities for mobilization, challenges such as misinformation and state repression remain prevalent. This study highlights the need for ongoing research into the dynamics of digital activism, particularly in understanding how social media can be leveraged to sustain movements and promote social change in the Global South. The insights gained contribute to the broader discourse on the evolving nature of activism in the digital era.
Legal Vacuums in the Procedural Code of Ethics Trials of the Indonesian National Police Kurniawan, Dicki Agri; Saptomo, Ade
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1629

Abstract

The procedural Code of Ethics trials of the Indonesian National Police face significant legal vacuums that affect law enforcement and public trust. These gaps arise from unclear and conflicting legal provisions, undermining the legitimacy and internal performance of the police institution. This study aims to examine these legal vacuums and propose strategic solutions for their resolution. Utilizing a qualitative research method with legal and institutional analysis, the research investigates the structural and procedural deficiencies in the ethical trials conducted within the police force. The findings reveal a lack of consistency in regulations, insufficient transparency in trial processes, and weak enforcement mechanisms, leading to diminished accountability and public confidence. To address these issues, the study underscores the need for legislative reform, enhanced transparency, legal education for both police personnel and the public, and strengthening the Ethics Commission’s role. These measures are pivotal in ensuring the effective implementation of the Code of Ethics and rebuilding trust in the institution. In conclusion, addressing legal vacuums and fostering ethical accountability will enhance the integrity and legitimacy of the Indonesian National Police in the public’s eyes.
Restructuring the Regulation on the Crucial Role of Advocates in Realizing an Integrated Criminal Justice System in Indonesia Taufan, Ridwan Anthony; Nurdin, Boy
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1630

Abstract

The position and role of advocates are crucial in realizing an integrated criminal justice system in Indonesia. Advocates serve as a bridge for ensuring access to justice and protecting the legal rights of individuals, but their role often faces challenges due to a lack of effective coordination among law enforcement agencies. This research aims to analyze the critical role of advocates in improving the criminal justice system’s responsiveness and coherence. Using a normative legal research method, the study examines relevant regulations, particularly Law No. 18 of 2003 on Advocates, and explores their practical application through legal literature and secondary data analysis. The findings highlight that advocates play an essential role in fostering coordination among key elements of the justice system, including the police, prosecutor’s office, and judiciary. However, the study identifies significant challenges in optimizing their contributions, such as regulatory gaps and insufficient collaboration frameworks. Strengthening the regulation and coordination mechanisms for advocates is imperative for achieving a more integrated and effective criminal justice system. In conclusion, enhancing the advocate’s role as a law enforcer will contribute to a fairer and more efficient justice system in Indonesia.
Dynamics of Legal Framework for Public-Private Partnership (PPP) in Infrastructure Provision K, Andriansyah Tiawarman; Fakrulloh, Zudan Arief
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1631

Abstract

The increasing demand for public infrastructure in Indonesia, coupled with national budget limitations, has elevated the importance of the Public-Private Partnership (PPP) scheme as an alternative financing mechanism. This study aims to analyze the legal framework and challenges associated with the implementation of PPP in infrastructure provision. Using a qualitative approach, the research examines existing regulations, including Presidential Regulation No. 38 of 2015, as well as other supporting policies that form the basis of PPP implementation in Indonesia. The findings reveal two critical aspects: first, the current legal framework for PPP provides a foundation for collaboration but requires enhancement to address gaps in clarity and effectiveness; second, significant challenges, including risk allocation, dispute resolution, and legal protection for parties, hinder the execution of PPP projects. The study concludes that an improved and accountable legal framework is essential to attract private sector investment and ensure the success of PPP projects. Strengthening regulatory certainty and addressing legal challenges are pivotal for fostering sustainable infrastructure development in Indonesia.
Samenloop in The Form of A Criminal Act of Joint Persecution or Participation in The Victim of Wrongful Arrest Committed by The Police Implications for Justice Ramadan, Tubagus Ahmad; Sara, Rineke
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1632

Abstract

The phenomenon of samenloop in cases of wrongful arrest by police officers in Indonesia poses serious implications for justice and public trust. This issue arises from structural and cultural weaknesses in the policing system, leading to persecution, abuse of authority, and falsification of evidence against victims. This study aims to analyze the factors causing samenloop and its impact on victims and the criminal justice system. Using a qualitative approach, the research examines 50 documented cases of wrongful arrest from 2019 to 2023, identifying patterns of violations and systemic shortcomings. The findings reveal that samenloop frequently stems from inadequate accountability mechanisms, poor human rights training, and entrenched organizational cultures that enable misconduct. The consequences include psychological harm to victims, erosion of public confidence, and inefficiencies in the justice system. This study concludes that addressing samenloop requires comprehensive reforms, including strengthening legal frameworks, enhancing human rights-based training for police officers, and fostering a culture of accountability within police organizations. These measures are essential to uphold justice and rebuild public trust in law enforcement institutions.
Disparity in the Verdict of Prosecutors Corruption Crime Case of Pinagki Sirna Malasari and Hasti Sriwahyuni in Based on the Perspective of Donald Black’s Legal Theory Nandang, Asep; Fakrulloh, Zudan Arief
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1633

Abstract

Indonesia is a country of law (Rechsstaat) not a country of power (Machtstaat). Therefore, it must be the Commander, the law is not a tool of the ruler or businessman, the law does not belong to the ruler or businessman, as mandated by the 5th principle of Pancasila, “Social Justice for All Indonesian People”. “Equality before the law” all are equal before the law, no discrimination is the hope of all Indonesian people. On the other hand, corruption creates social inequality, the distance between the rich and the poor is getting further, and corruption has hampered development and social welfare. Corruption will continue to grow until the justice system can punish perpetrators of crimes and keep government authority under control. When justice is “bought” or intervened politically, the people are the victims who suffer. Das solen and das sein are two very different things, the law that is aspired to, the ideal law with the reality in society, the law that should occur in society with the law that occurs in society there is a disparity. Legal discrimination is a serious obstacle in upholding justice according to the expectations of the community, the perpetrators of corruption will continue to increase and increase and will not have a deterrent effect, if there are no concrete efforts to eradicate corruption. Leaders must pay serious attention and guarantee the independence of institutions that enforce the law to eradicate corruption. Now is the right time to end impunity for corruption.
Regulation of the Authority to Make MPR Decrees Before and After Reforms in the 1945 Constitution of the Republic of Indonesia Mardisontori, Mardisontori; Bakir, Herman
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1634

Abstract

The People’s Consultative Assembly (MPR) is a high state institution in the Indonesian constitutional system and MPR Decrees are one type of applicable legislation. The legal basis for MPR Decrees before the amendment to the 1945 Constitution can be found through the interpretation of some articles in the 1945 Constitution. After the amendment to the 1945 Constitution, apart from changing the position of the MPR as the highest state institution, it also changed the duties and authority of the MPR. The MPR no longer issues MPR Decrees. However, based on Law Number 12 of 2011 concerning the Formation of Legislative Regulations, it places MPR Decrees in the sequence of statutory regulations. Thus, the MPR Decree is part of the types and hierarchy of statutory regulations placed under the 1945 Constitution of the Republic of Indonesia. This article raises the issue of how the authority to make MPR Decrees is regulated before and after the amendments to the 1945 Constitution and is linked to TAP MPR RI Number I/MPR/2003 concerning Review of the Material and Legal Status of TAP MPRS and TAP MPR RI from 1960 to 2002. The purpose of this writing is to find out how the authority to make MPR Decrees is regulated before and after the amendment to the 1945 Constitution and is linked to TAP MPR RI Number I/MPR/2003. This writing uses a normative juridical method with a statutory regulatory approach. With some MPR Decrees still in effect before and after the reform, they are based on constitutional practices as well as the provisions in the 1945 Constitution and related laws and regulations.
Legal Politics of Ex-Convicts in Contesting Regional Head Elections Santoso, Adi Purnomo; Hoesein, Zainal Arifin
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1635

Abstract

The regulation of ex-convicts’ political rights in legislative and executive elections has historically prohibited those sentenced to five years or more imprisonment from running for office. This legal framework has undergone significant changes following the Constitutional Court Decision Number 42/PUU-XIII/2015. To analyze the legal politics surrounding ex-convicts’ participation in regional head elections and examine the implications of the Constitutional Court’s decision on their political rights. This study employs a normative legal research methodology, analyzing relevant legislation, Constitutional Court decisions, and public response to changes in electoral regulations regarding ex-convicts’ participation. The Constitutional Court Decision Number 42/PUU-XIII/2015 declared the blanket ban on ex-convicts unconstitutional, allowing their participation provided they publicly disclose their status. This decision was subsequently incorporated into Law Number 7/2017 on Elections. However, significant public opposition to ex-convicts’ participation in elections persists despite these legal reforms. While legal reforms have expanded ex-convicts’ political rights through conditional participation in elections, there remains a notable disconnect between legal developments and public sentiment regarding ex-convicts’ electoral participation.
Recovery of State Losses from Corruption Proceeds Chaeruddin, Dannie; Hoesein, Zainal Arifin
Cognitionis Civitatis et Politicae Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/politicae.v1i5.1636

Abstract

Corruption cases in Indonesia have become a focal point of public concern, involving individuals from diverse professional backgrounds, including judges, prosecutors, police officers, legislators, and businesspeople. These crimes result in significant financial losses for the state. The urgency of establishing an effective mechanism to recover state losses from corruption has become increasingly apparent. This study aims to explore the mechanisms and strategies necessary for the recovery of state losses resulting from corruption, whether committed by individuals or corporations. Utilizing a qualitative research method with a focus on legal and economic analysis, the study examines current practices and their effectiveness in recovering state assets. The findings indicate that existing mechanisms only recover 10-15 percent of the total corrupted funds, highlighting significant inefficiencies in the system. The study concludes that comprehensive reforms, including the strengthening of legal frameworks, enhanced inter-agency collaboration, and public awareness, are imperative to improve recovery rates and deter corruption. Addressing these issues is essential to safeguarding public funds and restoring trust in the legal system.

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