Ridwan, Ridwan
Universitas Sultan Ageng Tirtayasa

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UPAYA PENANGULANGAN KEJAHATAN TERORISME YANG BERKARAKTERISTIK HAK ASASI MANUSIA DI INDONESIA Ridwan, Ridwan
Jurnal Media Hukum Vol 17, No 1 (2010)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

Indonesia is the country founded on law and not only power. Hence, the tackling of terrorism as a criminal offense must also be founded on law, respect and protection of human rights of the suspect, defendant, and convict. Human rights are guaranteed by the positive law in Indonesia. The party alleged as the terrorist can be arrested for two years without a trial, is not in accordance with the law founded on Pancasila which requires a guarantee for a just and civilized humanity to create justice for all Indonesian people based on the supreme of law.  Any violation of law by anyone including the law enforcer cannot be justified.  Consequently, a criminal policy is necessary by using penal and non-penal tools so that the law can be enforced effectively without endangering the value of legal basis in the forms of legal certainty, justice, and expediency. The law enforcement must also be accompanied by faith to avoid violation of law. Thus, the tackling of crime related to terrorism really characterizes human rights enforcement founded on the value of legal basis.
MEMBANGUN INTEGRITAS PENEGAK HUKUM BAGI TERCIPTANYA PENEGAKAN HUKUM PIDANA YANG BERWIBAWA Ridwan, Ridwan
Jurnal Media Hukum Vol 19, No 1 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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The way a legal system works determines how well law enforcement will be. A legal system consists of structure, substance and culture, of each must work in a system. In order that a legal system works properly, the law enforcers must be able to increase their knowledge on law and divinity so that they are able to comprehend law more broadly. In other words, law is not taken merely as a text in a constitution. As a system, the most important aspect is the culture of the law because it functions as the driving force that leads people to abide the law. In addition, in order to establish the integrity of legal enforcers, the implementation of integrated judicial system is also needed. Therefore, the role of supreme court as the highest supervisor of judges is also necessary.