Dynamics of Politics and Democracy

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.

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

Law enforcement against Indonesian army soldiers committing the criminal act of bigamy (Case Study of Supreme Court Decision Number 108 K/MIL/2023)

Purpose: There are many cases of multiple marriage crimes committed by Indonesian Army soldiers who are subject to criminal penalties as stipulated in Article 279 paragraph (1) of the Criminal Code; however, law enforcement is not concrete and consistent. Based on SEMA 3 of 2015, soldiers committing multiple marriage crimes must be dismissed from military service, but in Supreme Court Decision Number 108 K/MIL/2023, they were acquitted. Given this background, the author examines how law enforcement and the impact of the decision are carried out using qualitative normative legal research with a phenomenological and descriptive case approach. Research/methodology: This study applies normative legal research using a phenomenological and descriptive case study approach. The theories used are the theory of criminal responsibility and deterrence theory. Results: The study finds that law enforcement against Indonesian Army soldiers committing multiple marriage crimes is handled through the Military Justice system under Law Number 31 of 1997. However, the acquittal in the Supreme Court decision reflects inconsistency in law enforcement and potentially weakens its deterrent effects. Conclusions: Law enforcement is conducted through military courts based on applicable laws; however, inconsistencies, such as acquittals, may undermine legal certainty and discipline within the military. Limitation: This study is limited to one Supreme Court decision and its implications for the military justice system. Contribution: This study contributes to the understanding of how inconsistencies in military court rulings affect legal integrity, institutional trust, and deterrence in the context of military criminal law.

Criminological analysis of narcotics crime verdicts committed by members of the military (Study of Military Court Decisions)

Purpose: The main problems in this research are: (1) How is the construction of narcotics crimes committed by military personnel reviewed from legal and criminological aspects? (2) What is the background to the judges’ decisions to impose penalties for narcotics crimes?. Research/methodology: This study uses normative legal research with a descriptive-analytical approach. The data used were secondary data supported by interviews. The analysis was qualitative, and conclusions were drawn deductively. Results: Based on the results and discussion, it was concluded that the construction of narcotics crimes committed by military personnel was viewed legally from three military court decisions, each describing the reasoning behind not dismissing the offenders. Criminologically, it refers to Rational Choice Theory (RCT), where individuals freely choose to obey or violate rules based on rational considerations. This theory is supported by the legal documents and interview data. Military judges should impose stricter sanctions on such offenders to ensure a deterrent effect, educate others, and improve public perception of the Indonesian National Army. Conclusion: Weak punishment for military narcotics offenders risks reducing the authority of the military judiciary and damaging institutional reputation. Limitation: This study is limited to three court decisions and selected expert sources, which may not represent all the cases. Contribution: This study highlights the inconsistencies in sentencing military drug offenders and calls for stronger and more consistent sanctions to reinforce deterrence and restore institutional integrity.

Legal analysis of the urgency of determining the free papua organization (OPM) as a perpetrator of gross human rights violations in Indonesia

Purpose: This study analyzes the urgency of determining the Free Papua Movement (OPM) as a perpetrator of gross human rights violations in Indonesia from a legal perspective. The main focus is to understand and examine the legal consequences and social impacts of such a determination in enforcing justice and protecting human rights in Indonesia. Research/methodology: The research uses a normative legal research method with a descriptive-analytical approach. It relies on secondary data, including legal literature, laws and regulations, and the opinions of legal experts. Results: The study shows that OPM has committed various acts of violence that violate human rights, such as murder, torture, and kidnapping. Declaring OPM as a perpetrator of gross human rights violations is crucial to uphold the principles of justice and equality before the law, in line with national and international legal standards. Legal action against OPM not only aims to impose sanctions but also functions as a preventive measure to deter similar crimes in the future. Experts in human rights law stress the need for a proportional and effective governmental response to such cases. Conclusion: Determining OPM as a perpetrator of gross human rights violations is a necessary legal step to enforce justice, deter future crimes, and protect human rights in Indonesia. Limitations: The study is limited to secondary data without field verification or empirical assessment of the implementation challenges. Contribution: This research contributes to the development of legal science and offers strategic insights into the legal handling of gross human rights violations in Indonesia.

Juridical analysis of the position of laboratory results in proving narcotics crimes in the military environment (Juridical Review in Decision Number 12-K/PMT-II/AU/V/2021)

Purpose: This study aims to analyze the Juridical Position of Laboratory Results in Proving Narcotics Crimes in the Military Environment (Juridical Review in Decision Number 12-K/PMT-II/AU/V/2021). Research/methodology: This research is a type of normative juridical research using a descriptive analytical approach. The analysis relies on the examination of legal sources and court documents related to the case. Results: Laboratory results serve as very strong and absolute evidence because they are based on measurement and weighing, which contain certainty compared to witness statements. It is impossible to identify narcotic content in blood or urine by visual observation; thus, laboratory tests are indispensable. According to the minutes of the Criminal Laboratory Examination No. LAB 5743/NNF/2020, various items were tested and confirmed to contain methamphetamine. In this context, a negative urine test alone is insufficient to acquit a defendant. Judges must consider all the evidence presented, and a decision must be based on a minimum of two valid pieces of evidence. Conclusion: Even if the urine test result is negative, a guilty verdict can still be rendered if there is other valid evidence supporting the charges. Limitation: This study is limited to a normative juridical review and does not include empirical data from field studies or interviews with legal practitioners. Contribution: This study contributes to the understanding of the evidentiary value of laboratory results in military narcotics trials and provides a juridical framework for evaluating evidence beyond urine test outcomes.

Legal analysis of the implementation of article 33 of the criminal code concerning minors in military relations with law number 11 of 2012 concerning the juvenile criminal justice system

Purpose: This study aims to analyze the legal protection of children in conflict with the law within the Indonesian criminal justice system, particularly military minors. Article 33 of the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System are both central in regulating the judicial process for minors in military service. However, the potential contradiction between these two legal frameworks requires critical examination to ensure that children's rights are not violated. Research/methodology: This research uses a normative juridical approach. Data were collected through document analysis and literature study, including library research and other sources related to juvenile justice and military law. Results: The study finds that although both Article 33 of the Criminal Code and Law Number 11 of 2012 are designed to provide protection, their implementation in cases involving military minors may lead to legal uncertainty. There is a need for legal harmonization to uphold fair trial principles and to ensure that military minors are given the same special protections as other children in conflict with the law. Conclusion: Legal inconsistencies can negatively affect the rights of military minors. Reconciliation between general criminal law and juvenile justice law is necessary to create a more just legal framework. Limitation: This study is limited to legal analysis and does not involve empirical case data or interviews with practitioners. Contribution: The study contributes to legal scholarship by highlighting the urgency of synchronizing juvenile justice with military regulations, ensuring fair legal treatment for all minors.