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Sangia Nibandera Law Research
Published by Universitas Sembilanbelas November Kolaka
ISSN : 30642000     EISSN : 30641349     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sangia Nibandera Law Research (ISSN 3064-1349 / 3064-2000) is dedicated to advancing critical, contextual, and forward-looking legal scholarship that responds to the evolving dynamics of law in society. The journal focuses on interdisciplinary and comparative legal studies, emphasizing the interaction between law, culture, governance, and social justice. Its scope encompasses, but is not limited to, constitutional law, criminal law, civil law, environmental law, international law, and legal theory. The journal particularly welcomes research that explores indigenous legal perspectives, regional legal developments, and transformative legal reforms, especially within emerging and marginalized contexts. By promoting rigorous analysis and innovative approaches, Sangia Nibandera Law Research aims to serve as a platform for academics, practitioners, and policymakers to engage in meaningful dialogue, contribute to legal development, and shape responsive legal systems for the future.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 33 Documents
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Sentencing Disparity in Violent Theft Cases: A Judicial Analysis of Surabaya District Court Decisions Retno Sri Utami
Sangia Nibandera Law Research Vol. 2 No. 2 (2025): Sangia Nibandera Law Research, December 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19655886

Abstract

This study analyzes the verdict of a case of theft with violence that occurred at PT Warna Andalan, Surabaya, where two defendants, Rizky Zakiri Hayatifanto and Ahmad Setijawan, were found guilty of committing the crime of theft of production machine cables weighing approximately 1000 kg. This study examines the judge's reasoning, the evidence and testimonies presented, and the defendants' defense. The results of the analysis show that the court applied the law strictly in accordance with Article 363 Paragraph (2) of the Criminal Code on theft with aggravation. The judge considered all of the physical evidence and testimony, as well as the confession and remorse of the defendants, in sentencing each defendant to three years imprisonment. This sentence aims to provide a deterrent effect and prevent similar crimes from occurring in the future. This research highlights the importance of fair and firm application of the law in maintaining community security and order.
State Responsibility for Human Rights Violations in the Rohingya Crisis under International Law Siti Faridatul Istiqomah; Ethan Surya Fajar Mahardhika
Sangia Nibandera Law Research Vol. 2 No. 2 (2025): Sangia Nibandera Law Research, December 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19655757

Abstract

Public international law, commonly known as the law of nations, is a legal framework that emphasizes the relationships between states. It acts as a set of rules applicable in the international context. In this domain, there exist global relations among states, as well as disputes that can disturb the interactions between the involved nations and impact international relations overall. This is particularly evident in the case of human rights violations against the Rohingya ethnic group in Myanmar. The Rohingya, who have lived in Myanmar for many years, are not recognized as citizens by the Myanmar government. The numerous human rights abuses occurring are in clear violation of fundamental principles of international law. The aim of this research is to explain and analyze international human rights regulations concerning the protection of the Rohingya, while also identifying the various obstacles in efforts to provide protection and resolve the human rights violations that have occurred. This study employs a normative legal methodology through legislative, case, and analytical approaches. The results indicate that legal protection for the Rohingya ethnic group, as outlined in international human rights instruments, has not been achieved, mainly due to several challenges in addressing the root causes of human rights violations in Myanmar. A significant barrier is the unwillingness of the Myanmar government to address the abuses faced by the Rohingya. Given the lack of commitment from the Myanmar government to resolve this issue, the UN has condemned the situation and has sought to implement humanitarian intervention to address the serious human rights violations against the Rohingya. Thus, this paper aims to clarify the obligations that the Myanmar government should fulfill in safeguarding human rights and to identify the obstacles that hinder the resolution of human rights violations against the Rohingya.
The Limits of International Justice: International Criminal Court Effectiveness in Genocide Cases Safira Embun Insanidya; Ridwan Arifin; Wildan Azkal Fikri
Sangia Nibandera Law Research Vol. 2 No. 2 (2025): Sangia Nibandera Law Research, December 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19655205

Abstract

This article examines the limits of international justice by assessing the effectiveness of the International Criminal Court (ICC) in prosecuting genocide. Despite its establishment as a permanent tribunal to end impunity for the most serious international crimes, the ICC faces persistent structural, political, and legal challenges that constrain its performance. Drawing on legal effectiveness theory, this study analyzes the extent to which the ICC fulfills its mandate in genocide cases by evaluating key factors such as jurisdictional limitations, state cooperation, evidentiary barriers, and prosecutorial strategy. Using a normative juridical method combined with selected case studies, the article demonstrates that the ICC’s effectiveness is uneven and often dependent on external political will rather than purely legal mechanisms. While the Court has contributed to the development of international criminal law and symbolically reinforced accountability norms, its practical impact on deterring and prosecuting genocide remains limited. The reliance on state cooperation, selective enforcement, and geopolitical considerations frequently undermines its authority and reach. The article argues that the ICC’s challenges are not merely institutional but reflect broader tensions within the international legal order. Strengthening the Court’s effectiveness requires not only procedural reforms but also deeper commitment from states and international actors to uphold accountability for genocide. Ultimately, the ICC represents both a significant achievement and a constrained instrument of international justice.
Violent Theft in Criminal Law: Juridical Review of Causes and Sentencing Factors Wina Putri Damayanti; Mohd Azzam Nurul Huda
Sangia Nibandera Law Research Vol. 2 No. 2 (2025): Sangia Nibandera Law Research, December 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19655504

Abstract

This study provides a juridical review of the crime of violent theft by examining both criminogenic factors and judicial considerations in the imposition of criminal sanctions. Violent theft represents a serious criminal offense that not only causes material losses but also threatens the physical and psychological safety of victims. This research employs a normative juridical method supported by a conceptual and case approach to analyze relevant legal provisions, doctrines, and judicial decisions. The findings indicate that criminogenic factors contributing to violent theft include economic pressure, social environment, low levels of education, and weak law enforcement deterrence. In addition, situational factors such as opportunity and group influence also play a significant role in the commission of the crime. From a juridical perspective, judges consider both juridical and non-juridical aspects in sentencing, including the severity of the act, the defendant’s intent, prior criminal record, the impact on victims, and mitigating or aggravating circumstances. Judicial discretion is essential in ensuring that the punishment reflects principles of justice, legal certainty, and proportionality. However, disparities in sentencing are still evident, suggesting the need for clearer sentencing guidelines. This study concludes that a comprehensive approach integrating criminological insights and consistent judicial reasoning is necessary to enhance the effectiveness of law enforcement and ensure fair adjudication in cases of violent theft.
United States Veto Power and Its Legal Implications for Palestinian Statehood Shofiah Nur Hikmah; Sonny Saptoajie Wicaksono; Sergi Fernandez Alejandro
Sangia Nibandera Law Research Vol. 2 No. 2 (2025): Sangia Nibandera Law Research, December 2025
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.19653580

Abstract

This study examines the use of the veto power by the United States within the United Nations Security Council and its impact on resolutions concerning the Israeli–Palestinian conflict. Since 1972, the United States has exercised its veto 86 times, including 49 instances in which resolutions critical of Israel or calling for ceasefires were blocked. Employing a normative legal research methodology, this paper analyzes both the regulatory framework governing veto use and its practical application in this context. The findings indicate that the United States’ use of the veto reflects its strategic political interests and has significant implications for the dynamics of the conflict. In particular, the repeated exercise of this power has contributed to diplomatic stagnation, heightened regional tensions, and diminished the effectiveness of the United Nations Security Council in addressing conflicts in the Middle East. Furthermore, the study highlights the long-term consequences of United States foreign policy for Palestinian self-determination and underscores the structural challenges faced by the international community in pursuing an equitable and sustainable resolution. This research contributes to ongoing debates on the role of great power influence within multilateral institutions and emphasizes the need for institutional reforms to promote greater fairness, accountability, and effectiveness in global governance.
Political Party Control and Candidate Selection: Rethinking Recruitment of Regional Heads in Democratic Elections David Putra Hamonangan
Sangia Nibandera Law Research Vol. 3 No. 1 (2026): Sangia Nibandera Law Research, June 2026
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21066289

Abstract

The mandate of Article 29 paragraph (2) of Law No.2/2008 requires that the recruitment of candidates for regional heads/deputy regional heads by political parties must be carried out democratically and openly. However, the arrangement and implementation are left to each political party. This study analyzes the problem of recruitment of prospective regional head candidates by political parties in a democratic and open manner. Then provide ideas as alternative solutions. This research is a normative legal research with a statute approach. The theory of democracy is used as a guide for qualitative analysis and is presented descriptively. The results of this study conclude that the recruitment of prospective regional head candidates/deputy regional heads whose arrangements and implementation are handed over to political parties, tend to be carried out undemocratically and not openly. Political parties tend to do it exclusively at the party elite level. Although, at the regional level, the selection of candidates is carried out by some political parties, but the final is determined by the leadership at the central level. In addition, recruitment patterns are also very vulnerable to money politics. This is because political parties have full authority in recruiting prospective regional head candidates, so they are not reached by the supervision of Bawaslu and KPU. In the future, improvements need to be made so that the arrangements related to the recruitment of candidates for regional heads/deputy regional heads are strictly regulated in the Regional Election Law, not in the AD/ART of each political party.
Implementing Anti-Corruption Education in Higher Education: Building a Corruption-Free Generation Nur Mega Putri; Mohd Sulaeman Alhakimi Ahmad Shobari
Sangia Nibandera Law Research Vol. 3 No. 1 (2026): Sangia Nibandera Law Research, June 2026
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21068001

Abstract

The role of students in efforts to eradicate corruption is certainly not by enforcing the law, the active role of students is expected to be more focused on preventing corruption through participation in building an anti-corruption culture in society. Students as agents of change are expected to bring about change and become anti-corruption drivers in society. However, to be able to play an active role, students need to have sufficient knowledge about corruption and anti-corruption values. Anti-corruption education is here aimed at educating students to have a strong character and proper understanding in order to prevent corruption and become a young generation that is free from corrupt practices.
Pancasila and the Law of the State: Ideals, Implementation, and Constitutional Reality in Indonesia Febrianto Putra Pamungkas; Ahmad Zulfikar Abdur Razaak
Sangia Nibandera Law Research Vol. 3 No. 1 (2026): Sangia Nibandera Law Research, June 2026
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21068657

Abstract

In a society, to guarantee togetherness in the life of the state, it is necessary to formulate a common goal or ideals which is called the state philosophy or staasidee (ide state) which functions as grondslag philosophy and common platform among fellow citizens in the context of constitutional life. The formulation of the state's philosophical basis or state ideology contained in the Preamble of the 1945 Constitution is Pancasila. The formulation of the Pancasila can also be referred to as the basic formula of the legal ideals (rechtsidee) of the Republic of Indonesia. As the ideals of the state, of course it must be formulated based on the ideals that live in the society that existed before this country was founded. Legal development is all human activities with regard to the existence and enactment of law in society. Legal development includes theoretical and practical aspects. It should be included principles in accordance with the values ​​of Pancasila as the implementation of a pluralistic and national ideology civilization, to be a guideline for national and state law.
Law Enforcers as Offenders: Applying Differential Association Theory to Police Sexual Abuse in Indonesia Isna Khalimatussa’diah Az-Zahra; Ridwan Arifin; Ngaboawaji Daniel Nte; Varun Chhachhar
Sangia Nibandera Law Research Vol. 3 No. 1 (2026): Sangia Nibandera Law Research, June 2026
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21072036

Abstract

Sexual harassment and abuse are forms of violence rooted in structural gender inequality, shaped not merely by individual desire but by socially constructed norms influencing both perpetrators and victims. In many cases, victims are unjustly blamed, reflecting cultural attitudes that normalize or trivialize sexual misconduct. This study examines police-perpetrated sexual abuse in Indonesia, highlighting the paradox of law enforcers acting as offenders. Such cases have drawn significant public attention, raising concerns about ethical violations and deviant behavior within law enforcement institutions. This research aims to analyze the phenomenon from both legal and criminological perspectives, applying Differential Association Theory as proposed by Edwin H. Sutherland. The theory explains that deviant behavior is learned through social interaction within environments that justify or tolerate wrongdoing. This study adopts a qualitative method with a normative-empirical approach, utilizing document analysis, legal frameworks on sexual offenses, and literature on deviance within police institutions. The findings reveal that weak internal supervision, hierarchical power structures, and institutional subcultures contribute to the emergence and persistence of abusive behavior. These conditions enable the internalization of values that justify misconduct, reinforced by peer influence and organizational silence. Furthermore, legal processes in such cases do not always fully reflect principles of justice and public accountability. This study underscores the need for comprehensive institutional reform, including strengthened oversight, ethical training, and transparent accountability systems to prevent future violations and restore public trust.
Juridical Analysis of the Status of Absolute Complaint Offenses for the Crime of Adultery and Cohabitation Based on the Criminal Code Hijriya sabilla; laode awal sakti S.H, M.H; Basrawi, S.H,M.H
Sangia Nibandera Law Research Vol. 3 No. 1 (2026): Sangia Nibandera Law Research, June 2026
Publisher : Faculty of Law, Universitas Sembilanbelas November Kolaka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21096840

Abstract

Abstract This study examines the legal status of theabsolute complaint offense in the crimes of adultery and cohabitation based on the new Criminal Code (KUHP), namely Law No. 1 of 2023. Changes in criminal law norms include covering merely adultery (overspel) to the realm of living together without marriage ties (cohabitation). This expansion triggers, including regarding the limits of state intervention in the private sphere and the risk of the main judge's own actions (eigenrichting). This study aims to analyze the consistency of the regulation of the absolute complaint offense in the crimes of adultery and cohabitation with the new Criminal Code and identify violations of law enforcement and human rights. The research method used is a normative legal research method with a regulatory approach (statutory approach), a contextual approach (conceptual approach), and a historical approach (historical approach). Data collection was carried out through literature studies and document studies of secondary legal materials. The research findings indicate that the absolute complaint offense serves as a safeguarding procedure that limits the authority of authorities to intervene indiscriminately in the private sphere by transferring the right to report only to the immediate family (husband/wife, parents, or children). However, this creates an imbalance between positive law and the sociological expectations of communal society (living law), thus triggering the risk of mass raids or the judge's own actions due to the limited scope of authority. This research concludes that this new regulation has the potential to become a purely symbolic rule that shifts the moral burden onto the immediate family. It is recommended that clear operational definitions be aligned to avoid misinterpretation in law enforcement.

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