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Suleman, Fahmi; Moonti, Roy Marthen; Ahmad, Ibrahim

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

General Election (Pemilu) is a fundamental pillar of democracy that often faces various challenges, including legal violations that undermine its integrity. To overcome this, the Integrated Law Enforcement Center (Gakkumdu) was formed as a collaboration between Bawaslu, the Police, and the Attorney General's Office to accelerate the handling of election violations. However, the strict handling time limit of 14 working days is a major challenge in achieving fair and effective decisions. This study aims to evaluate the effectiveness of the handling time of election violations by Gakkumdu and identify the inhibiting factors. Using a descriptive-analytical qualitative method, this study found that the main obstacles include inter-agency coordination, sectoral ego, limited human resources, and lack of supporting technology. In addition, differences in legal interpretation and low public legal awareness also slowed down the enforcement process. In conclusion, the effectiveness of Gakkumdu handling time is not optimal and requires policy reform. Recommendations include simplifying procedures, cross-agency training, utilizing technology, and educating the public. These reforms are expected to improve election integrity and support a fairer democracy.

Yusri, Muhamad; Moonti, Roy Marthen; Ahmad, Ibrahim; Kasim, Muslim

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Settlement of land cases through mediation carried out by the Land Office of Boalemo Regency refers to Regulation of Agrarian Affairs Minister and Spatial Planning/Head of the National Land Agency Number 21 of 2020 concerning Handling and Settlement of Land Cases. Mediation as an alternative for resolving land cases, it is necessary to popularize "mediator". A mediator must know psychologically the condition of the parties, so that they feel comfortable and the problem is resolved comfortably. In addition, the mediator must have analytical skills and expertise in creating a personal approach for the parties involved in the dispute. The mediator must be able to understand and give a positive reaction to the perceptions of each party. The goal is to build good relationships and trust. The parties' trust in the mediator makes it easier to reach a consensus. The priority regarding the purpose and function of the mediator is to resolve land cases in order to resolve cases without creating new ones. The research method that the author uses in this study is the empirical juridical law method, empirical juridical law is a study in addition to looking at the positive legal aspects, it also looks at its application or practice in the field. Thus the empirical juridical approach is a legal research method that seeks to see the law in a real sense or it can be said to see, examine, how the law works in society. The results shows that the handling and settlement of land cases through mediation at the Land Office of Boalemo Regency Land Office is done and carried out based on the Agrarian Affairs Minister Regulation and Spatial Planning/Head of the National Land Agency Number 21 of 2020 concerning Handling and Settlement of Land Cases. Constraints faced in handling and resolving land cases through mediation at the Land Office of Boalemo Regency are in the form of juridical and non-juridical constraints. The juridical constraint is the technical instructions for the mediation procedure referred to by the regulation have not yet been published, while the non-juridical constraint is in the form of limited qualified human resources as mediators. Based on this, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency in the future must make structured, systematic and massive improvements to the mediation process by immediately issuing technical instructions and improving the quality of human resources in terms of being a mediator through guidance, training and direction.