Jurnal Restorasi : Hukum dan Politik

Criminal Law Enforcement of Motor Vehicle Drivers in Traffic Accidents Resulting in Deaths

Susilawati Susilawati, Abdul Halim, Subroto Rindang Arie Setyawan — Wed, 13 Nov 2024 00:00:00 +0000

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 — Wed, 13 Nov 2024 00:00:00 +0000

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 — Wed, 13 Nov 2024 00:00:00 +0000

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

Sat, 23 Nov 2024 00:00:00 +0000

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

Sun, 24 Nov 2024 00:00:00 +0000

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.