Dynamics of Politics and Democracy is an international peer-reviewed and scholarly journal that promotes high-quality interdisciplinary research on wide areas of democracy and political science. Dynamics of Politics and democracy welcomes submissions of scientifically-developed research manuscripts aiming to address serious issues related to politics and democracy.
Published
2025-06-02
Articles
Legal review of land tenure in the Ambal Urut Sewu Area, Kebumen Regency, Central Java Province by the TNI AD Kodam IV/Diponegoro
Purpose: The agrarian conflict that occurred in the Ambal Urut Sewu area, Kebumen Regency, Central Java Province between the community and the Indonesian Army, Kodam IV/Diponegoro has not been resolved even though the National Land Agency (BPN) has issued a Certificate of Land Use Rights (SHP) to the Indonesian Army. The community assumes that the land is a hereditary property right based on proof of ownership Letter C. In addition to having documents proving that the land is state land resulting from the transfer of armed forces belonging to the Dutch colonial government in Indonesia during the colonial period, the Indonesian Army has also strengthened this by issuing a SHP for land in the area for the Indonesian Army. This stagnant condition underlies the research carried out with the aim of obtaining answers about the legality of land ownership and management, and how to resolve the duplication of control over part of the Indonesian Army training land with the surrounding community.
Research/methodology: This research uses a qualitative research method through a descriptive analytical deductive approach with data collection through library research, field observations, and in-depth interviews. Data processing from data transcription, and data organization are analyzed until patterns, themes, and concepts can be identified.
Results: Legally, the TNI AD Kodam IV/Diponegoro has the legality to use or utilize land in the Ambal Urut Sewu Area based on the SHP, and the letter of the Directorate General of State Assets of the Ministry of Finance of the Republic of Indonesia Number: S-825/KN/2011 dated April 29, 2011 which confirms that the land in the Ambal Urut Sewu Area is an asset of the TNI AD with Registration Number: 30709034 ownership year 1949 from the handover of the KNIL on July 25, 1950 with an area of ??1,150 Ha. Alternative resolution through mediation is a resolution that must be taken by both parties.
Google Scholar
Garuda
Sinta
Pages: 1-17
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Implementation of restorative justice in the settlement of crimes of persecution by TNI soldiers whose cases have been resolved under customary law
Purpose: This study aims to analyze the Implementation of Restorative Justice in the Settlement of Criminal Acts of Abuse by TNI Soldiers Whose Cases Have Been Settled According to Customary Law.
Research/methodology: In this study, the author uses a qualitative data analysis method, namely data that is described using terms that are separated based on classification to reach a conclusion. To analyze the data, the author uses phenomenology with a descriptive case study design, namely drawing actual events to get a picture of the existing research object, then analyzing it according to the provisions of related laws and regulations, legal theories and opinions of legal experts. Drawing conclusions is done using Deductive Logic.
Results: The author concludes that customary law is the basis for the Restorative Justice settlement in criminal acts of abuse committed by TNI soldiers, so the author believes that the Oditur should make and convey a legal opinion to the Case Submitting Officer which can be in the form of a request that the case be resolved according to soldier disciplinary law, or closed for the sake of law, public interest or military interest because the case has been resolved through Restorative Justice by undergoing customary law. Furthermore, after the issuance of Supreme Court Regulation Number 1 of 2024 on the Implementation of Restorative Justice in the settlement of criminal acts of abuse committed by TNI soldiers whose cases have been resolved through customary law or resolved through peace between the defendant and the victim or their heirs before the trial and all agreements have been implemented, the judge can use this as a consideration in the decision and examination process. In the settlement of criminal acts of abuse by TNI soldiers, the victim has been resolved through customary law settlement, this becomes a general requirement by the Judge in imposing a conditional/supervisory criminal sentence.
Pages: 19-37
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Legal analysis of the use of artificial intelligence systems in military operations carried out by the TNI reviewed from the principles of humanitarian law
Purpose: This study analyzes the application of artificial intelligence systems in military operations by the TNI by paying attention to the enforcement of humanitarian law principles.
Research/methodology: The research method used is normative juridical with an analysis of applicable legal provisions which is carried out by reviewing and collecting legal documents and limited interviews with experts in their fields.
Results: The conclusion of this study is that although artificial intelligence systems have great potential to influence the methods and tools in current and future military operations. The influence of artificial intelligence systems gives the system the authority to move on its own without any role from humans. Changes in the pattern of military operations require a clear legal framework and strict enforcement to ensure that their use by the TNI does not violate the principles of humanitarian law.
Suggestions: This study suggests the need to develop more comprehensive national and international regulations to regulate the use of artificial intelligence systems in military operations carried out by the TNI in order to comply with the principles of humanitarian law.
Analysis of international legal protection of the existence of the state of Palestine and the legality of Israel's counter-attacks against the attacks launched by Hamas
Purpose: This study is expected to provide significant scientific contributions in understanding the dynamics of international law in the context of armed conflict, as well as providing policy recommendations to strengthen efforts for a peaceful resolution.
Research/methodology: This study uses a normative legal method with a case approach and is analyzed based on relevant international legal principles, including the Charter of the United Nations, the Geneva Conventions, and international humanitarian law.
Conclusions: This study concludes that although the right to self-defense is recognized internationally, its implementation must always be in line with the principles of justice, humanity, and applicable law to avoid things that can worsen the humanitarian situation.
Contributions: this study provides a significant scientific contribution in understanding the dynamics of international law in the context of armed conflict, as well as providing policy recommendations to strengthen efforts for peaceful resolution.
Pages: 49-67
13 views | 2 downloads
Criminological perspective in corruption crimes committed by TNI army soldiers (Case Study of Decision Number: 21-K/PMT-II/AD/II/2022 and Case Study of Decision Number: 44-K/Connection/PMT-II/AD/VIII/2022)
Purpose: This study aims to analyze the Criminological Perspective in Corruption Crimes Committed by TNI AD Soldiers (Case Study of Decision Number: 21-K/PMT-II/AD/II/2022 and Case Study of Decision Number: 44-K/Koneksitas/PMT-II/AD/VIII/2022).
Research/methodology: The type of research in this study uses the normative juridical research type. This type of normative juridical research is research that uses or refers to legal norms that can be in laws and regulations that refer to legal norms. The author conducted research, which is descriptive and analytical. Data analysis was carried out using qualitative analysis methods.
Results: The result of a construction analysis that underpins the TNI AD soldiers to commit corruption crimes in juridical studies and criminological studies is the nature of the juridical study that the author analyzes from the two corruption convictions that have been tried in this connection court is that the defendant is legally and justifiably proven to have committed a corruption crime and has been sentenced to a heavy prison sentence accompanied by a large fine and the existence of a criminal additional in the form of replacement money. Analysis Results Regarding the case raised in this study regarding the connection of corruption crimes committed by the military and civilians, the panel of judges has imposed heavy criminal sanctions on the perpetrators, this is actually from two things, namely justice for the victim and justice for the perpetrator. The perpetrator for his actions has been sentenced with heavy sanctions.
Pages: 69-77
13 views | 1 downloads
