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INDONESIA
Jurnal Restorasi: Hukum dan Politik
Published by SEAN INSTITUTE
ISSN : -     EISSN : 29882125     DOI : 10.54209
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Restorasi : Hukum dan Politik is a journal that focuses on law and politics, and publishes research articles that focus on a scientific study of the relationship between normative systems, politics, and social structures, with a focus on the study of law and social sciences.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 51 Documents
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Forms of Violence and Legal Protection of Women in Cases of Arrest in Southwest Sumba District Patrick Sebastian Ndara Tanggu Holo
Jurnal Restorasi : Hukum dan Politik Vol. 1 No. 1 (2023): Jurnal Restorasi : Hukum dan Politik, April 2023
Publisher : Jurnal Restorasi : Hukum dan Politik

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Abstract

Arrest marriage (Paneta mawinne) in Southwest Sumba Regency still exists and is carried out continuously with forced marriages on women which results in victims experiencing acts of violence. That the tradition of marrying under arrest still has a patriarchal culture with high customs, however, when viewed from the perspective of positive law, it can be considered as an act of kidnapping. The formulation of the main problems of this research are: (1) What are the forms of violence against women in the case of intermarriage in Mareda Kalada Village, East Wewewa District, Southwest Sumba Regency. (2) What is the legal protection for women who are victims of violence in the case of intermarriage in Mareda Kalada Village, East Wewewa District, Southwest Sumba Regency. This research is an empirical juridical research where this research was carried out at the East Wewewa Sub-district Office and the Office of the Mareda Kalada Wewewa Timur Village Head. This study used interview guidelines with seven informants. The data are presented in simple tables and analyzed in a qualitative descriptive manner. Based on the results of the research that has been done, it can be concluded: (1) Forms of Violence in Arresting Marriages against Women are physical violence and psychological violence. (2) Legal protection given to victims of marital violence against women in Mareda Kalada Village, East Wewewa District, Southwest Sumba Regency is preventive legal protection, repressive legal protection and customary law protection
Analysis of the Role of Facilitators in Waste Management in Pekanbaru City Willya Achmad
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 1 (2024): Jurnal Restorasi : Hukum dan Politik, April 2024
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Abstract

Mentoring is an effort to involve the community in developing their various potentials so that they are able to achieve a better quality of life. The 3R waste management mentoring activity in Pekanbaru City was carried out to facilitate the community in the decision-making process in 3R waste management in their environment. In the implementation of this mentoring program, it is necessary to have qualified human resources (HR) capable of acting as facilitators, communicators and dynamists during the program. A companion is a key actor in developing the community so that the community is able to overcome the waste problem in their environment. The 3R waste management assistance in Pekanbaru City was carried out for two years. The results of the monitoring and evaluation that have been carried out are still not optimal. Mentoring can be said to be successful if the results of the mentoring are able to develop mindsets, attitudes and patterns of action in the community they are assisting. Follow-up actions taken by facilitators in optimizing community participation in 3R waste management are establishing KOMPAS (Waste Management Community), waste banks, socialization to relevant agencies, and testing organic rice using compost that has been produced.
Legal Review of Bullying or Bullying Behavior in Indonesia Agus Sugiarto
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 1 (2024): Jurnal Restorasi : Hukum dan Politik, April 2024
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Abstract

Bullying or bullying behavior is a social problem that is increasingly disturbing in various levels of society, including in Indonesia. Bullying is an action taken by someone to attack someone not only physically but also psychologically. The development of the times makes it easier for people to interact, so that people, especially students, can easily carry out bullying, most of which is caused by promiscuity, lack of parental attention and a free environment. This research aims to conduct a legal review of bullying behavior in the context of Indonesian law. The research method used is normative legal research with literature study by collecting data from various sources related to statutory regulations, court decisions, as well as legal and psychological literature. The results of the research show that based on the Child Protection Law, acts of bullying in the school environment are included as criminal acts of violence against children. Article 76C of the Law explains the prohibition against anyone committing violence against children. If this rule is violated, the perpetrator can be subject to sanctions in accordance with Article 80 of Law 35/2014, which can include imprisonment and a fine. For offenders under the age of 18, the Juvenile Criminal Justice System Law provides an approach that takes into account the best interests of the child, by prioritizing restorative justice and diversion as an alternative to the formal justice process. Apart from that, the SPPA Law also stipulates various measures that can be imposed on child perpetrators, including basic and additional penalties aimed at their recovery and social reintegration. Schools also have a legal obligation to protect their students from acts of violence, by implementing anti-bullying policies, raising awareness, and providing protection for victims. Thus, the regulations in the Child Protection Law and the SPPA Law emphasize the importance of protecting children from bullying in the school environment and handling cases with an approach that takes into account the child's best interests.
The People's Representative Council's Right to Inquiry: Opportunities and Challenges in Upholding Democracy in Indonesia Anwar Hidayat
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 1 (2024): Jurnal Restorasi : Hukum dan Politik, April 2024
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Abstract

The 2024 General Election which has just finished has left a number of dissatisfied with the results of the general election, including the election of president and vice president. A number of political parties have begun to discuss the use of the right to inquiry in the DPR RI. The idea of the right to inquiry in this election itself is considered a form of upholding democracy in Indonesia. Therefore, this research aims to analyze the People's Representative Council (DPR) right to inquiry as a vital instrument in the context of upholding democracy in Indonesia. Within a theoretical framework that combines the principles of representative democracy and political accountability, this research explores the opportunities and challenges faced by DPR inquiry rights in practice. This research uses a normative legal approach through the applicable legislation approach. The research results show that the implementation of the DPR's right to inquiry in upholding democracy in Indonesia involves a series of complex stages. Even though there are challenges such as strict requirements and a long process, if successfully passed, the inquiry committee will have broad authority to investigate alleged violations by the government. This reflects the DPR's serious efforts to carry out its oversight function over the government and ensure government accountability towards the people. Thus, the implementation of the right to inquiry is expected to strengthen the integrity and balance of power in the Indonesian democratic system.
The Role of Politics in Economic Development in Indonesia Damay Rusli
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 1 (2024): Jurnal Restorasi : Hukum dan Politik, April 2024
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Abstract

The relationship between politics and economics is very close. Political democracy is also considered a condition for the functioning of economic democracy, where this process can be realized if there is parallelism between the political system and the economic system. The research method used by researchers includes descriptive analysis, based on a qualitative approach, so the results of this research explain that , the role of the political system becomes very important when development has a positive impact on economic welfare, where in this case economic growth becomes a barometer of the success of a country's economic development, but on the other hand, the success of economic development is seen from the success of achieving economic growth consciously or unconsciously. impact on the democratization side. The relationship between politics and economic development is very close, where both systems are studies that examine the relationship between political and economic phenomena, between the state and the market, between the domestic and international environment, and between government and society. Political democracy is also considered a condition for the functioning of economic democracy, and the implementation of economic democracy will be realized if there is alignment between the political system and the economic system.
Criminal Law Enforcement of Motor Vehicle Drivers in Traffic Accidents Resulting in Deaths Susilawati Susilawati; Abdul Halim; Subroto Rindang Arie Setyawan
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024
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Abstract

Traffic accidents resulting in fatalities continue to increase in Indonesia, making it a serious problem that requires special attention in law enforcement. This research explores law enforcement against drivers who cause fatal accidents, based on Law No. 22/2009 on Road Traffic and Transportation. This law requires formal legal resolution through criminal justice for serious accidents, but there are differences with Police Regulation No. 8 of 2021 which allows a Restorative Justice approach for similar accidents, including those resulting in fatalities. This normative research analyzes the alignment of the two regulations and evaluates the application of Restorative Justice as an alternative solution. The results show that the application of Restorative Justice often clashes with formal criminal provisions, so harmonization of regulations is needed so that law enforcement is more consistent and does not neglect the rights of victims and the interests of justice for the community. With the harmonization of laws, it is expected that the police will have a clearer legal basis in handling traffic accident cases in a humanist and comprehensive manner.
Analysis of Law Enforcement Against Over Dimension Over Load (ODOL) Violations According to the Road Traffic and Transportation Law Riza Muttaqin; Abdul Halim; Subroto Rindang Arie Setyawan
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024
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Abstract

Over Dimension Over Load (ODOL) is one of the most serious violations in road traffic and transportation in Indonesia, with high risks to safety and damage to infrastructure. Although Law No. 22/2009 on Road Traffic and Transport regulates ODOL violations, there is an imbalance in the categorization of punishment: *over dimension* violations are considered a crime (Article 277), while *over load* is only categorized as a misdemeanor (Article 307). This research utilizes a normative legal research method with a statutory approach, highlighting weaknesses in the enforcement and substance of the law that risk leading to unfairness and ineffectiveness of sanctions. The results show that the disparity in ODOL penalty categories does not provide an adequate deterrent effect and has the potential to reduce legal compliance. To address this inconsistency, it is recommended that Article 277 and Article 307 be revised so that they are both regulated as equivalent criminal offenses with more severe sanctions, including high fines or imprisonment. This reformulation aims to strengthen law enforcement and improve road safety.
Analysis of the Ethics of Justice in the Philosophy of Law in the View of Thomas Aquinas Yosep Copertino Apaut
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024
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Abstract

This research aims to determine the ethics of justice in legal philosophy according to the views of Thomas Aquinas.The research method used in this research is a normative legal research method through descriptive literature study utilizing library sources to collect data. How to collect data for this research,researchers collect materials such as books, articles, journals and writings of experts to study and understand the theory after data collection,the researcher will analzqe and add important information that is appropriate to the study. The method of analysis through a historical and philosophical approach to the relationship of natural law in people’s lives, to the basic changes regarding the role of law as ius quia iussum to jus quai iustum and the impact of legal philosophy according to Thomas Aquinas, can build legal methods that are more just and honest, and create a more balanced society, harmony and prosperty.
Citizenship Rights and Human Rights in the Constitution: A Case Study of the Cancellation of Citizenship Status in Indonesia Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Nihayatur Rohmah; Novita Fitriani
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024
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Sexual harassment is a serious human rights violation with widespread psychological and social impacts on victims. In Indonesia, sexual harassment is classified as a criminal offense and is explicitly regulated in various laws, including the Indonesian Penal Code (KUHP) and Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS). Positive law provides a clear legal framework to prosecute perpetrators and protect victims' rights. In contrast, from the perspective of the four major Islamic fiqh schools, Hanafi, Maliki, Shafi'i, and Hanbali, sexual harassment is also considered a major sin that violates Sharia law and must be punished strictly, either with hudud or ta'zir penalties. This study aims to conduct a comparative analysis between the positive law approach in Indonesia and the fiqh perspective of the four Islamic schools regarding sexual harassment, as well as to evaluate how these two legal approaches can complement each other to create a more comprehensive and effective protection strategy. The research method used is normative legal research with legislative, case, conceptual, historical, and comparative approaches. The study results indicate that the integration of positive law and fiqh can enhance protection for victims, raise public awareness, and ensure more just law enforcement that aligns with the local socio-cultural context.
Citizenship and Political Rights: An Analysis of the Laws on the Right to Vote of Citizens in Indonesia Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Fatiha Nur Laili Azizah; Fadhila Assabili; Eka Rahmadani
Jurnal Restorasi : Hukum dan Politik Vol. 2 No. 2 (2024): Jurnal Restorasi : Hukum dan Politik, October 2024
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Abstract

Citizenship in Indonesia grants essential political rights, including the right to vote, as guaranteed by the 1945 Constitution and Law No. 7 of 2017 on General Elections. Despite these regulations aimed at ensuring equitable political participation, significant challenges persist, particularly for marginalized groups such as persons with disabilities, women, first-time voters, and Indonesian citizens residing abroad. This study employs a doctrinal legal approach and a library research methodology. Data were collected from books, legal statutes, and relevant literature. The analysis incorporates legislative, case, conceptual, historical, and comparative approaches to assess the effectiveness of voting rights regulations and to identify the challenges encountered. The research finds that, although the existing regulations are well-established, the implementation of voting rights faces several challenges. Accessibility for persons with disabilities at polling stations remains inadequate, women's participation in rural areas is often constrained by social norms, and first-time voters suffer from a lack of political education. Indonesian citizens abroad also encounter technical difficulties in voting. The study recommends improving accessibility at polling stations, enhancing women’s empowerment programs, strengthening political education for new voters, and reforming the voting system for expatriates to improve transparency and electoral integrity.

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