Annals of Justice and Humanity

Annals of Justice and Humanity (AJH) is an international peer-reviewed and scholarly journal aimed at publicizing solutive and innovative ideas of researchers, practitioners, and academicians in addressing interesting legal issues and encouraging the development of legal studies. AJH welcomes submissions of high-quality and well-developed research manuscripts on wide range fields related to law science.

Annals of Justice and Humanity (AJH) is an international peer-reviewed and scholarly journal aimed at publicizing solutive and innovative ideas of researchers, practitioners, and academicians in addressing interesting legal issues and encouraging the development of legal studies. AJH welcomes submissions of high-quality and well-developed research manuscripts on wide range fields related to law science.

Published
2025-04-30

Articles

Legal analysis of the regulation of armed conflict in the Papua region from the perspective of Emergency Constitutional Law

Purpose: The conflict in Papua has been the focus of discussion by various parties in the last few decades. Such a complex problem requires cooperation and comprehensive consideration from various parties. In practice, there are times when the country is in an abnormal state and requires emergency legal provisions. Emergency Constitutional Law provides a strong legal framework when the country is in an abnormal state, this is done with the main aim of protecting citizens and maintaining state sovereignty. Research methodology: This study uses a normative judicial method. The author's approach is a legislative approach by means of an inventory of applicable positive law and by looking at books that are the views of several experts. Results: Emergency Constitutional Law provides a strong legal framework when the country, all or part of its territory, is in an abnormal state. The conflict that occurred in Papua has met the requirements to be declared a state of emergency, because of the armed, political, and diplomatic wings in the OPM that threaten the security of citizens and the sovereignty of the state. The choice of Emergency Constitutional Law can be a consideration for the government to overcome the armed wing of the OPM, then the government can continue to resolve the conflict in Papua with planned programs without disturbing security.

Legal analysis of the settlement of the criminal act of absence without permission according to Military Criminal Law and Military Disciplinary Law

Purpose: This paper examines two main problems: 1) How is the article on the crime of unauthorized absence   in military criminal law, and 2) How is the crime of unauthorized absence   according to military criminal law and its comparison with military disciplinary law. Research Methodology: This study uses a normative legal method with a focus on legislation and case studies. Results: The results of the study show that the crime of unauthorized absence which is included in the provisions of military criminal law, namely absence without permission for a maximum of four days during peacetime, turns out to result in the failure to achieve the tasks and interests of the unit and causes unrest in the unit, so it must be resolved according to the military criminal procedure law mechanism to be examined and tried in a military court. Meanwhile, the crime of absence without permission of no more than four days in peaceful conditions if it does not impact the interests of the service and does not interfere with the achievement of unit tasks and does not cause problems in unit development, then it is sufficient to be resolved through military disciplinary law by considering the element of error in the perpetrator.

The use of lie detectors (polygraphs) as evidence of expert statements in premeditated murder (Study of Decision Number 796/Pid.B/2022/PN Jkt.Sel)

Purpose: This study aims to determine the importance of using a Polygraph in court in proving the premeditated murder case committed by Ferdy Sambo and the judge's considerations in deciding the premeditated murder case based on Law Number 8 of 1981 concerning the Criminal Procedure Code. Research Methodology: This study aims to determine the importance of using a Polygraph in court in proving the premeditated murder case committed by Ferdy Sambo and the judge's considerations in deciding the premeditated murder case based on Law Number 8 of 1981 concerning the Criminal Procedure Code. Results: The Panel of Judges in Ferdy Sambo's trial found the fact that Ferdy Sambo had been convoluted and inconsistent in providing information, so that the Public Prosecutor to strengthen his charges continued the trial with the agenda of hearing witnesses and hearing expert testimony. The results and analysis of the Polygraph examination are written reports included in the evidence in the Indonesian criminal evidence system such as documentary evidence, expert opinions, and guidelines. Willa Wahyuni?12/16/2022 Reading 3 minutes The Polygraph Machine is used at the request of the investigator based on the needs of the investigation of a criminal case.

Legal analysis of the application of Article 24 Paragraph (1) of The KUHPM to TNI soldiers who have been sentenced to prison

Purpose: Imprisonment is essentially a punishment of loss of freedom of movement for lawbreakers for a certain period of time or for life, which is determined by a judge and the decision has permanent legal force. During the loss of freedom of movement, the convict is placed in a Correctional Institution to be given guidance. Imprisonment is imposed on people who commit crimes in the form of crimes, both civil and military (TNI soldiers). The purpose of imposing a prison sentence is to educate prisoners, namely by creating a deterrent effect so that they repent and do not commit the act again. TNI soldiers who have been sentenced to imprisonment certainly have their own consequences that can be felt, both for the person concerned, their family, their unit and society in general. The imposition of imprisonment on TNI soldiers can have negative impacts, such as decreasing public trust in the TNI institution and damaging the image of the TNI as an institution that upholds discipline and law. Regarding the submission of UKP, it is certainly the right of every TNI soldier who has normatively met the requirements. How is the regulation and implementation of the reduction of service period for TNI soldiers who have been sentenced to prison in their subsequent career development and what is the ideal concept of regulating the service period for TNI soldiers who have been sentenced to prison in their subsequent career development. Research Methodology: The type that the author chose was legal synchronization, because the author saw a lack of synchronization between lower regulations (regulations in the TNI environment regarding the submission of UKP) and higher regulations, namely Article 24 paragraph (1) of the Criminal Code (Law Number 39 of 1947). Results: The TNI Commander's Regulation needs to explicitly regulate that the criminal period is not counted as part of the active service period, but the period before and after the criminal sentence is still counted as the total service period.

Implementation of the release of TNI AD occupation land/building assets that cause disputes in the Kodam IV/Diponegoro area

Purpose: Since the beginning of the independence of the Republic of Indonesia, the interests of regional defense and security have been the main focus. This resulted in many lands and buildings being controlled by the Indonesian National Army (TNI) as part of the occupation in the interest of state security. Although the Basic Agrarian Law (UUPA) of 1960 has abolished the basis of colonial regulations related to land and buildings, ownership of land/buildings occupied by the TNI is still a legal debate. The case of Wisma Kaliurang in Yogyakarta shows the complexity of this conflict, where the legal owner, in this case Samuel Soegito's heirs, has paid compensation to the Indonesian Army and obtained a certificate for the land/building. However, Kodam IV/Diponegoro still claims ownership of the assets of the Indonesian Army Occupation. Research methodology: In resolving this kind of conflict, it is important to ensure that the ownership status of the original owner needs to be recognized and respected, while also taking into account the defense and security needs of the Indonesian state.