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Journal : Jurnal Dinamika Hukum

PROSES LEGITIMISASI ‘HMT’ DI PENGADILAN TIPIKOR AMARTA Teddy Asmara
Jurnal Dinamika Hukum Vol 12, No 3 (2012)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2012.12.3.83

Abstract

This study describes the process of enculturation anti-corruption where its dynamic has change to a legitimation of should punish the defendant. With ethnographic case study approach, the study focused on how judges interpret the criminal acts of corruption and how to respond to legitimate to punish the defendant in the context of decision-making. The results showed that the judges react in two ways of reasonings, first, they interpret it as an intervention or intimidation that threatens self-identity. Second, open records his experience of corruption and political relations, or not as transparent as other cases. Technically, the conceptual relationship between the two reasoning is a psycho-cultural cognition as a perfect reflection on their work, structured from the examination to the decision. In other word, the defendant not guilty verdict symbolizes maintaining self-identy and a rejection of legitimation of the defendant should be penalised.                                                                             Key words:    legitimation of defendant should be penalised, meaning of corruption cases, psycho-cultural cognition. 
THE DYNAMICS OF REPRESSIVE HABITUS LAWS: ETHNOGRAPHIC CASE STUDY IN UNWIMA Teddy Asmara
Jurnal Dinamika Hukum Vol 15, No 1 (2015)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2015.15.1.364

Abstract

This research describes repressive legal habitus Unwima community by focusing on the issue of why they create a legal cognition such manner and how to empower them in the public domain when facing a lawsuit in court and examination process in higher education office. The results of the research with ethnographic methods and interpretative analysis, First, that repressive legal habitus is a part of the neo-feudalistic thinking in education management. Second, the empowerment of repressive legal habitus in the public domain potentially generate a legal behavior of impulsive that tends to a manipulative, coercive, veiled, and other immorality practices.Keywords: ethnography, legal habitus, repressive law, neo-feudalistic
Pragmatic and Progressive Legal Practice: Ethnographic Case Study of Jatigede Reservoir Teddy Asmara
Jurnal Dinamika Hukum Vol 22, No 1 (2022)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2022.22.1.3079

Abstract

This study reveals the legal method in the process of land compensation in the Jatigede reservoir, and focuses on: the existence and application of pragmatic law by rural farming communities; and the government's use of progressive law. By using a combination of case study and micro-ethnographic methods, the answers are obtained, first, the pragmatic legal character is relatively in line with speculative cognition and defensive principles; its adaptive application is to resist the law silently, and the aggressive one is to violate the law openly. Second, the government understands the manipulation of compensation as a reflection of the accumulated injustice and economic difficulties of the citizens, therefore the government makes regulations that prioritize the restoration of people's welfare rather than fulfilling the requirements of legal logic.Keywords: people's welfare; speculative cognition; compensation manipulation; defensive principle; ethnographic-case study