Jurnal IUS (Kajian Hukum dan Keadilan)
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IS THE LAW (POSSIBLY) DEAD OR CAN IT BE KILLED? OR HAS THE STATE FAILED/HAS IT BEEN ABSENT?
Full text linkLaw is impossible to die, even if we can strangle it until limp. This questions appeared the possibility of killing the law by tracing the ideas about the law and the state that appears in the passage of time. What emerges is that the order or disorder always presupposes the emergence of law. Although it does not indicate whether the law appear fair or not. The fact is that people need a law although not necessarily requiring the State. Problems faced by Indonesia is now possible to be considered not as a matter of law, but the inability of the State to present itself as something that is needed by the community.Keywords : Community, Emergence of Law, Fairnes
THE PRINCIPLE OF SOCIAL JUSTICE AS THE LAW
Full text linkThe term of “social justice†has mentioned explicitly in Pancasila. As the nation philosophical base, every Indonesian citizen may interpret the meaning of this term. Interpretation of every citizen may be various caused by each personal have their own way of thinking. This article offered a picture of how the “social justice†term could be interpret in 4 points of view, that are; Indonesianist, liberalist, Islamic and post modernist point of view. Furthermore this article will shows basic similarity among four ideas above concerning “social justice†so that we could see the harmony among them in interpreting “social justice†term. In the end will be described how “social justice†term embraced as a principle and normatively functioned. That is as a guidance to state rights and obligations which in certain situation could hold stronger power than a valid regulation. Keywords: Justice Theory, Legal Positivism, Pancasila, Social Justice, Basic Right.Abstrak
THE SETTLEMENT OF THE DISPUTE OF “COLLECTIVE†VIOLENCE BY THE POLICE
No full textIndonesia Republic State Police is a tool that plays a role in maintaining state security and public order, enforce the law and provide protection, guidance, and service to the community within the framework of maintaining internal security “. According to Police Act Number 2 of Year 2002 in Article 18 explained that the police were given the authority under certain circumstances to do according to his own judgment or be known as a functional discretionary powers which puts persons of police as a central factor in law enforcement. Discretion is the authority of the police to make a decision or choose different actions in resolving issues of law or violation of criminal cases are handled. Police discretion is an authority given to the police, to make decisions in certain situations that require separate consideration and involves moral issues and lies within the boundary line between the legal and the moral. One of the scope of police discretion is collective violence. Collective violence is violence committed by a group of people who performed together , this collective violence associated with irrationality, emotionality and impersonation individuals who escape the social restrictions of a social organization. Individuals who are in a group / crowd considered mimic each other, so that mutually reinforce and enlarge emotionality and irrationality of others Keywords : Policing , Discretion , Collective Violenc