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Annals of Justice and Humanity
Published by Goodwood Publishing
ISSN : -     EISSN : 3090725X     DOI : https://doi.org/10.35912/ajh
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Annals of Justice and Humanity (AJH) is an international, peer-reviewed, and scholarly journal dedicated to the dissemination of innovative and solution-oriented research in the field of legal studies. The journal serves as an academic platform for researchers, academicians, practitioners, and legal professionals to examine contemporary legal issues, advance legal theory, and contribute to the development of justice and humanity within diverse legal systems. AJH welcomes high-quality and well-developed manuscripts that address a wide range of topics related to law and justice, including constitutional law, criminal law, civil law, international law, human rights, legal philosophy, and socio-legal studies. The journal publishes original research articles, review papers, and conceptual studies that explore emerging legal challenges, normative frameworks, and practical solutions to complex legal problems. Emphasis is placed on works that demonstrate analytical depth, methodological rigor, and relevance to current legal developments. By promoting interdisciplinary dialogue and critical legal analysis, Annals of Justice and Humanity (AJH) aims to foster scholarly debate and contribute to the advancement of legal knowledge and practice. The journal seeks to bridge theory and practice by disseminating evidence-based research that supports justice, strengthens the rule of law, and enhances understanding of the relationship between law, society, and humanity at local, national, and global levels.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
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Legal analysis of the settlement of the criminal act of absence without permission according to Military Criminal Law and Military Disciplinary Law Bagus Triawan
Annals of Justice and Humanity Vol. 3 No. 1 (2023): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v3i1.2850

Abstract

Purpose: This paper examines two main problems: 1) How is the article on the crime of unauthorized absence in military criminal law, and 2) How is the crime of unauthorized absence according to military criminal law and its comparison with military disciplinary law. Research Methodology: This study uses a normative legal method with a focus on legislation and case studies. Results: The results of the study show that the crime of unauthorized absence which is included in the provisions of military criminal law, namely absence without permission for a maximum of four days during peacetime, turns out to result in the failure to achieve the tasks and interests of the unit and causes unrest in the unit, so it must be resolved according to the military criminal procedure law mechanism to be examined and tried in a military court. Meanwhile, the crime of absence without permission of no more than four days in peaceful conditions if it does not impact the interests of the service and does not interfere with the achievement of unit tasks and does not cause problems in unit development, then it is sufficient to be resolved through military disciplinary law by considering the element of error in the perpetrator.
The use of lie detectors (polygraphs) as evidence of expert statements in premeditated murder (Study of Decision Number 796/Pid.B/2022/PN Jkt.Sel) Cahyo Nugroho
Annals of Justice and Humanity Vol. 3 No. 1 (2023): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v3i1.2851

Abstract

Purpose: This study aims to determine the importance of using a Polygraph in court in proving the premeditated murder case committed by Ferdy Sambo and the judge's considerations in deciding the premeditated murder case based on Law Number 8 of 1981 concerning the Criminal Procedure Code. Research Methodology: This study aims to determine the importance of using a Polygraph in court in proving the premeditated murder case committed by Ferdy Sambo and the judge's considerations in deciding the premeditated murder case based on Law Number 8 of 1981 concerning the Criminal Procedure Code. Results: The Panel of Judges in Ferdy Sambo's trial found the fact that Ferdy Sambo had been convoluted and inconsistent in providing information, so that the Public Prosecutor to strengthen his charges continued the trial with the agenda of hearing witnesses and hearing expert testimony. The results and analysis of the Polygraph examination are written reports included in the evidence in the Indonesian criminal evidence system such as documentary evidence, expert opinions, and guidelines. Willa Wahyuni?12/16/2022 Reading 3 minutes The Polygraph Machine is used at the request of the investigator based on the needs of the investigation of a criminal case.
Legal analysis of the application of Article 24 Paragraph (1) of The KUHPM to TNI soldiers who have been sentenced to prison Davit Triyono
Annals of Justice and Humanity Vol. 3 No. 1 (2023): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v3i1.2862

Abstract

Purpose: Imprisonment is essentially a punishment of loss of freedom of movement for lawbreakers for a certain period of time or for life, which is determined by a judge and the decision has permanent legal force. During the loss of freedom of movement, the convict is placed in a Correctional Institution to be given guidance. Imprisonment is imposed on people who commit crimes in the form of crimes, both civil and military (TNI soldiers). The purpose of imposing a prison sentence is to educate prisoners, namely by creating a deterrent effect so that they repent and do not commit the act again. TNI soldiers who have been sentenced to imprisonment certainly have their own consequences that can be felt, both for the person concerned, their family, their unit and society in general. The imposition of imprisonment on TNI soldiers can have negative impacts, such as decreasing public trust in the TNI institution and damaging the image of the TNI as an institution that upholds discipline and law. Regarding the submission of UKP, it is certainly the right of every TNI soldier who has normatively met the requirements. How is the regulation and implementation of the reduction of service period for TNI soldiers who have been sentenced to prison in their subsequent career development and what is the ideal concept of regulating the service period for TNI soldiers who have been sentenced to prison in their subsequent career development. Research Methodology: The type that the author chose was legal synchronization, because the author saw a lack of synchronization between lower regulations (regulations in the TNI environment regarding the submission of UKP) and higher regulations, namely Article 24 paragraph (1) of the Criminal Code (Law Number 39 of 1947). Results: The TNI Commander's Regulation needs to explicitly regulate that the criminal period is not counted as part of the active service period, but the period before and after the criminal sentence is still counted as the total service period.
Implementation of the release of TNI AD occupation land/building assets that cause disputes in the Kodam IV/Diponegoro area Diki Kurniawan
Annals of Justice and Humanity Vol. 3 No. 1 (2023): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v3i1.2864

Abstract

Purpose: Since the beginning of the independence of the Republic of Indonesia, the interests of regional defense and security have been the main focus. This resulted in many lands and buildings being controlled by the Indonesian National Army (TNI) as part of the occupation in the interest of state security. Although the Basic Agrarian Law (UUPA) of 1960 has abolished the basis of colonial regulations related to land and buildings, ownership of land/buildings occupied by the TNI is still a legal debate. The case of Wisma Kaliurang in Yogyakarta shows the complexity of this conflict, where the legal owner, in this case Samuel Soegito's heirs, has paid compensation to the Indonesian Army and obtained a certificate for the land/building. However, Kodam IV/Diponegoro still claims ownership of the assets of the Indonesian Army Occupation. Research methodology: In resolving this kind of conflict, it is important to ensure that the ownership status of the original owner needs to be recognized and respected, while also taking into account the defense and security needs of the Indonesian state.
Legal analysis of the regulation of armed conflict in the Papua region from the perspective of Emergency Constitutional Law Eko Wibowo
Annals of Justice and Humanity Vol. 3 No. 1 (2023): December
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v3i1.2866

Abstract

Purpose: The conflict in Papua has been the focus of discussion by various parties in the last few decades. Such a complex problem requires cooperation and comprehensive consideration from various parties. In practice, there are times when the country is in an abnormal state and requires emergency legal provisions. Emergency Constitutional Law provides a strong legal framework when the country is in an abnormal state, this is done with the main aim of protecting citizens and maintaining state sovereignty. Research methodology: This study uses a normative judicial method. The author's approach is a legislative approach by means of an inventory of applicable positive law and by looking at books that are the views of several experts. Results: Emergency Constitutional Law provides a strong legal framework when the country, all or part of its territory, is in an abnormal state. The conflict that occurred in Papua has met the requirements to be declared a state of emergency, because of the armed, political, and diplomatic wings in the OPM that threaten the security of citizens and the sovereignty of the state. The choice of Emergency Constitutional Law can be a consideration for the government to overcome the armed wing of the OPM, then the government can continue to resolve the conflict in Papua with planned programs without disturbing security.
Legal analysis of disparity in military court judges' decisions faced with the principle of military interests Galih Wahyu Sasmito
Annals of Justice and Humanity Vol. 3 No. 2 (2024): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v3i2.2867

Abstract

Purpose: The focus of the discussion in this study is the decision on crimes against morality committed by TNI soldiers. Research methodology: The research method used is normative juridical which is carried out by analyzing various decisions related to crimes against morality committed by TNI soldiers and related laws and regulations. Results: The verdict of the military court in cases of criminal acts of indecency committed by the TNI which were sentenced to prison sentences were relatively the same, ranging from five months to one year, but for additional penalties in the form of dismissal from the TNI service there was a disparity of 34% which caused legal uncertainty for every TNI soldier who committed a criminal act of indecency, especially with the penalty of dismissal from the TNI Service. The influencing factor on the judge's decision for additional criminal dismissal is related to military interests which state that the perpetrators of criminal acts of indecency are still needed by the TNI Institution and have an important role in supporting the main tasks of the TNI and there is no replacement who has the same ability as the perpetrators of criminal acts of indecency so that the judge's decision does not include the additional penalty of dismissal from the TNI service.
Legal analysis of Niet Onvankelijke Verklard's Decision (NO) on the application for announcement of marriage a TNI soldier who forged a marriage license (Case Study of Cilacap Religious Court Decision Number: 0922/Pdt.G/2021/PA.Clp) Hamid Hamid
Annals of Justice and Humanity Vol. 3 No. 2 (2024): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v3i2.2870

Abstract

Purpose: This study aims to analyze the application of law to the administrative requirements of a Marriage License (SIN) that is formally flawed and the implications of the Niet Onvankelijke Verklaard (NO) decision on the marriage of a TNI soldier who falsified the Marriage License (SIN). Research methodology: The method in this study is written in a Normative Juridical manner, is descriptive analytical, the legal material is with secondary data that includes related laws and books. Results: The results of the study state that the application of the provisions in Article 72 paragraph (2) of the Compilation of Islamic Law which regulates the provisions for the annulment of a marriage carried out with the condition of "Fraud" can be used as a basis for a judge to annul the marriage so that justice can be realized for the Applicant and Respondent. Meanwhile, the legal implications of the Niet Onvankelijke Verklaard (NO) decision are that the marriage and children born are still considered valid and remain recorded because they have legal force, but there are also losses incurred for the wife and children in terms of official care and losses for the TNI institution and the Marriage Registration Agency or the Office of Religious Affairs (KUA).
Legal analysis of the provisions prohibiting marriage between female soldiers and male soldiers of lower rank in gender equality Harjoko Simbolon
Annals of Justice and Humanity Vol. 3 No. 2 (2024): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v3i2.2871

Abstract

Purpose: This study analyzes the provisions prohibiting marriage for female soldiers with male soldiers of lower rank in the context of gender equality and human rights. Research methodology: The regulation is contained in Perpang No. 50 of 2014 and several other technical instructions in the TNI environment, a comparison with flexible Polri regulations that prioritize the principle of justice without discrimination. Results: Through a normative legal approach, this study found that this prohibition is contrary to various national and international legal instruments, such as the 1945 Constitution, Compilation of Islamic Law, Law Number 1 of 1974 concerning Marriage, Law Number 39 of 1999 concerning Human Rights, UDHR, ICCPR and CEDAW. The prohibition not only creates injustice but also affects the morale and welfare of soldiers.
Interpretation of the prohibition on doing business in the field of forex trading for soldiers of the Indonesian National Army reviewed from Article 39 Number 3 of Law Number 34 of 2004 Concerning The Indonesian National Army Haryadi Ismail
Annals of Justice and Humanity Vol. 3 No. 2 (2024): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v3i2.2872

Abstract

Purpose: The purpose of this study is to analyze the interpretation of the prohibition on doing business in forex trading for TNI soldiers and the regulation of forex trading businesses that do not interfere with their main duties. Research methodology: The research method used is normative legal research with a descriptive analytical approach, examining relevant legal regulations, theories, and literature. Results: The results of the study indicate that the prohibition on doing business for TNI soldiers aims to maintain professionalism and prevent conflicts of interest. However, exceptions can be given for passive investments that do not interfere with main duties. In addition, regulations that include business definitions, strict supervision, financial education, and strict law enforcement are needed to ensure that involvement in forex trading does not interfere with the main duties of TNI soldiers.
Juridical review of the implementation of social rehabilitation for TNI soldiers who abuse Class I Narcotics (Case study of Court Cassation Decision Agung Number 215 K/Mil/2019) I Gede Sastrawan
Annals of Justice and Humanity Vol. 3 No. 2 (2024): June
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/ajh.v3i2.2873

Abstract

Purpose: conduct research to find out the implementation of social rehabilitation in the military justice environment. Research methodology: In order to achieve scientific research, the methodology used is normative juridical using secondary data by researching the legal principles and elaborated with primary data, namely the results of interviews with the National Narcotics Agency of Sidoarjo Regency and the Military Correctional Institution III Surabaya. Results: The implementation of social rehabilitation in fact cannot be carried out according to the court decision, because the National Narcotics Agency of Sidoarjo Regency does not have social rehabilitation services and facilities, so medical rehabilitation in the form of consling is carried out as an alternative. The implementation of rehabilitation for the military has not been specifically regulated in the military judicial environment, so it is necessary to make regulations in the form of a TNI Commander Regulation that regulates the procedures, procedures, and mechanisms for the implementation of rehabilitation for the military.

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