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All Journal PUSKAPSI Law Review
Elkristi Ferdinan Manuel
Universitas Gadjah Mada
Law, Crime, Criminology & Criminal Justice

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Perluasan Praperadilan Sebagai Bentuk Due Process of Law: Perlindungan Hak Asasi Manusia dan Keadilan Sosial Elkristi Ferdinan Manuel; Mandira Bienna Elmir
PUSKAPSI Law Review Vol 2 No 1 (2022): June 2022
Publisher : Pusat Pengkajian Pancasila dan Konstitusi (PUSKAPSI) FH UNEJ

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (5497.411 KB) | DOI: 10.19184/puskapsi.v2i1.31189

Abstract

Pretrial in Indonesia is interpreted by the behaviour of law enforcement officials, as an effort to change due to the failure of law enforcement in Indonesia. In its journey, there was an expansion of pretrial objects formulated by the Constitutional Court (MK). Unfortunately, the expansion of pretrial was initiated by a case of corruption. This leads to injustice, the determination of suspects which is one of the expansions of pretrial is a weapon for corruption suspects to file pretrial. Unlike the purpose of the due process of law that respects human rights. The protection of human rights has not been interpreted since the investigation process, this makes its problems that are the root of the object of pretrial applications for social justice for all Indonesians. To be able to provide solutions to these problems, researchers use normative legal research, that is prescriptive-explanatory research.
Law Riview Keindependensian Komnas HAM (the fourth branch of the government); Perspektif Pancasila, Konstitusi, dan Budaya Elkristi Ferdinan Manuel
PUSKAPSI Law Review Vol 1 No 2 (2021): Desember 2021
Publisher : Pusat Pengkajian Pancasila dan Konstitusi (PUSKAPSI) FH UNEJ

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (5105.347 KB) | DOI: 10.19184/puskapsi.v1i2.27036

Abstract

Abstract The birth of the National Commission of Human Rights (Komnas HAM) through the Presidential Decree caused pessimism in the community regarding its dependence. In addition, Komnas HAM was also formed at the international insistence to immediately establish a Commission at the national level. This has resulted in a very strong government influence. As the fourth branch of the government, the commission has a central role in the protection and promotion of human rights in Indonesia. The independence of this institution can be seen from the history of Indonesia which has its own characteristics without compromise with the invaders. This can be an example for Komnas HAM in acting and acting where currently, there is a phenomenon where institutions in Indonesia can no longer be said to be independent. In this study, the authors tried to present a different perspective, namely Pancasila, Constituent and Culture, to be able to provide solutions to human rights problems in Indonesia, as well as the attitude and role of Komnas HAM in its independence. To be able to provide solutions to the problem, researchers use legal research that is normative.
Reformasi Sistem Hukum Atas Penanganan Kekerasan (Cultural Violence) Bagi Pekerja Perempuan Elkristi Ferdinan Manuel; Tri Putri Purba
PUSKAPSI Law Review Vol 3 No 1 (2023): June 2023
Publisher : Pusat Pengkajian Pancasila dan Konstitusi (PUSKAPSI) FH UNEJ

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/puskapsi.v3i1.39087

Abstract

Violence (cultural violence) has a different meaning from crime, violence has a broader meaning that includes direct, structural, and cultural violence. Violence against women workers is still occurring, recorded as many as 17 cases/day. This concern is coupled with the existence of power relations and culture that exist in Indonesia. Victims of violence, especially women, become worried about what they experience, considering the difficulty of getting justice and reporting on what is experienced. The handling of cases that occur is deadlocked, in fact, the company does not have adequate arrangements and structures to protect victims. For this reason, reform is needed within the scope of the legal system where the substance, structure, and legal culture to answer these problems. In this study, the author uses a socio-legal research methodology that can provide a comprehensive picture not only in the normative realm but the realm of real practice. Keywords: Legal System, Labour, Violence Against Women
Co-Authors Mandira Bienna Elmir Tri Putri Purba