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Nila Amania

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Pancasila has been established as both a rechtsidee (legal ideal) and a grundnorm (fundamental norm). The values of Pancasila must guide and be embodied in legal reform in Indonesia whether at the substantive level (legal content), structural level (legal institutions), or cultural level (legal culture). These values must be embedded in the Constitution of the Republic of Indonesia and further reflected in all subsequent laws and regulations. The value of national unity contained in Pancasila is reflected in the enactment of Law No. 1 of 1974 on Marriage. The unification of marriage law through this legislation abolished the diverse marriage laws that existed prior to its enactment. The value of social justice for all Indonesian people is reflected in the enactment of Law No. 16 of 2019, which amended Law No. 1 of 1974 on Marriage. The amendment, which revised the minimum age for marriage, provides justice for both men and women regarding the legal validity of marriage in Indonesia.

Sonia Desi Rahmawati; Zulkifli Andrian

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study will describe the legal character of the new Criminal Code in the perspective of legal politics, as for the problem in the research, namely how politics is very influential in producing a legal product. this research method uses normative legal research where in this case it examines legal issues and examines norms, as for what is studied in this study is the new Criminal Code Law. This research aims to answer how the politics of law on criminal law reform in indonesia and how the political configuration and legal character of the new Criminal Code. the conclusion of this research is the politics of law in the Criminal Code Update is the politics of criminal law, which is basically a form of policy that responds to the development of human thinking about crime. political configuration that has a major influence on the formation of rules. Legal products that are responsive in character, the process of making them is participatory, which invites as much community participation as possible through social groups and individuals in the community. In relation to the new Criminal Code, it is not responsive or democratic in nature, and it is also born through an authoritarian political configuration because of the lack of popular participation in its design.

Rizkita Nur Ainun; Eli Halimah; Julisiana Sanggelorang

Jurnal Riset Ilmu Farmasi dan Kesehatan 2025 Asosiasi Riset Ilmu Kesehatan Indonesia

Beyond Use Date or BUD is the time limit for a non-sterile or sterile mixed preparation not to be stored and used, calculated from the date or time of compounding. BUD indicates the time limit for the preparation to be in a stable state so it is very necessary to determine the BUD time. This article aims to review BUD information on 20 types of injection preparations in one of the Bandung City Hospitals conducted in 2024 using information collection methods from various sources such as related drug brochures, LexiDrug, and Drug Information Handbook. The results of the study of 13 therapeutic classes with 20 types of injection preparations show that each sterile preparation has different characteristics (active substance, solvent, dosage form and its components, duration of therapy, and storage), thus affecting the stability after reconstitution of each preparation, both those determined by each pharmaceutical industry and information obtained from LexiDrug and Drug Information Handbook. The results of this study can be used as a reference in making more applicable guidelines in determining the BUD of injection preparations in one of the Bandung City Hospitals.

Aulia Nisa; Dairani Dairani

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Dismissal of a Regional Head can occur due to two factors, the first is 'Objective' in investigating violations of the oath or promise of office carried out by the Regional Head. Second, 'Subjective' in using his authority, namely looking for loopholes to dismiss the Regional Head on sentimental grounds. The reasons for the dismissal of a Regional Head are regulated in Article 78 paragraph (1) and paragraph (2) of Law Number 23 of 2014 concerning Regional Government (UUPD). Some of the problems that often occur in the dismissal of Regional Heads are, the Regional Head is elected directly but the mechanism for dismissal is indirectly (representatively) through the DPRD so that it is not in line with democracy, then regional autonomy is not implemented freely because there is still a role for the central government and there is also no Judicial institutions in regions specifically for the dismissal of Regional Heads. After we analyzed the many articles in the Constitution, the amendments relating to the main duties of the House of Representatives, also in UUMD3 1999 in conjunction with UUMD3 2014, were further emphasized by DPR Standing Orders No. 16/DPR/RI/1999-2000 jucto Regulation of the House of Representatives of the Republic of Indonesia Number 1 of 2014 concerning Rules of Procedure, from the authority and duties of the DPRD above, it can be formulated that the DPRD has three functions, namely the supervisory function, the budget function, and the function of making Law or legislation. In carrying out its functions and duties, the DPRD has several rights that can be used to carry out its duties as government supervisor. Some of the rights in question are the Right to Questionnaire, the Right to Interplation, the Right to Express an Opinion. As for the right to inquiry itself, the definition is contained in Article 79 paragraph (3) of Law Number 17 of 2014 concerning the MPR, DPR, DPD and DPRD.

Millatul Hakimah; Dairani Dairani

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

On February 17, 2012, the Constitutional Court granted the lawsuit filed by Hj. Aisyah Mochtar who filed a judicial review of Article 34 Paragraph (1) of Law Number 1 of 1974 concerning Marriage. This lawsuit arose from her marriage to Moerdiono in accordance with Islam which was not officially registered, which gave birth to a son, Iqbal Ramadhan. The Constitutional Court's decision changed the status of illegitimate children, who previously only had a civil relationship with the mother, now also have a civil relationship with the father and the father's family. This decision applies not only to children born from unregistered marriages, but also to children from relationships between men and women without the bonds of marriage which can be proven through technology such as DNA testing. These children are entitled to civil rights protection, such as maintenance and education, but are not related to guardianship issues. In its considerations, the Constitutional Court emphasized that the law must provide fair protection and legal certainty for the status of children, including those born even though their marriage is still disputed. Eliminating discrimination against illegitimate children aims to provide positive value for the future of children. The obligation of alimony that was previously only borne by the mother, is now shared with the father who can be proven to have a blood relationship with the child. If the father neglects to fulfill his obligations, he can be sued in court. The next question is how the Constitutional Court Decision will be implemented regarding the recognition of the lineage of children born outside of legal marriage.

Anfa’un Nisa’ Fidinir Rahman; Syariffudin Syariffudin; Fathol Bari

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This research aims to find out the regulations regarding deepfake crimes in Indonesia and to find out the ideal regulations regarding deepfake crimes in the future. This technology, which is increasingly developing rapidly, can essentially make it easier to do anything. Apart from that, technological developments can cause serious problems, one of which is the misuse of deepfakes which are part of artificial intelligence. Deepfakes certainly harm many people, starting from victims whose identities are used by fraudsters, to victims who suffer material losses. The absence of regulations governing deepfakes means that state protection for victims of this crime is still in doubt. This research uses a normative legal research method which uses 3 (three) approaches, namely the statutory approach, the comparative approach and the conceptual approach. This research uses data collection techniques through library research. This research uses descriptive data analysis techniques by presenting data and information as a description of the research subjects and objects which are arranged systematically so that they can be understood. This research also uses a prescriptive analysis method, namely by providing arguments on the research results that have been described. The results of this research show that Indonesia has not yet explicitly regulated deepfake crimes. Indonesia only regulates falsification of personal data in general in the ITE Law which is a derivative of the 1945 Constitution of the Republic of Indonesia.

Mustajib Mustajib

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The existence of political parties in a country that adheres to a democratic system is a necessity and the inevitability of their existence. Because with the existence of political parties, democracy will run according to the reel that it should run, starting from the freedom to gather and associate as regulated in the constitution to the implementation of general elections for President and Vice President, Legislative and regional head elections indicating that democracy in a country is at least whether or not it can be said to be going well. In Indonesia itself, the existence of political parties can be said to be multi-party because there are more than two parties, as in several other democratic countries where there are only two parties. Although in general, if we look at their ideology, political parties in Indonesia can be grouped into just two, namely parties that are religiously oriented (religious) and parties that are nationalist (state) oriented. In the research results, it is stated that multi-party parties do not always work well and are relevant, so there needs to be simplification in the future so that people are not confused by many parties.

A Rijalullah Kusumah Cakra; Agus Rasyid Chandra Wijaya

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Simultaneous regional elections resulted in the vacancy of leaders in various cities, including the city of sukabumi, therefore the appointment of officials (Pj) to fill the vacancy of the position of regional head of the city mayor until the election of regional heads in the simultaneous regional elections in 2024. however, the appointment of PJ is problematic because it is not in line with the spirit of democracy. This research examines and analyzes related to the appointment of the PJ of the mayor of Sukabumi which is not in line with the principles of democracy, therefore the researcher raises the formulation of the problem among them. First, is the appointment of the acting mayor of Sukabumi in accordance with the principles of democracy? Second, whether the appointment of the acting mayor of the city of Sukabumi is in accordance with the Constitutional Court Decision Number 67/PUU-XIX/2021 and MKRI Decision Number 15/PUU- XX/2022. This research uses an analytical descriptive method with a normative juridical approach, in which data and information are analyzed normatively. The results showed that the appointment of the Pj mayor of Sukabumi did not involve the DPRD as a representation of the people of Sukabumi so that it can be said that it does not fulfill the principles of democracy and heed the Constitutional Court Decision Number 67/PUU-XIX/2021 and MKRI Decision Number 15/PUU- XX/2022 which mandates the making of implementing regulations to make PJ appointments without heeding the principles of democracy which are the spirit of the struggle of the Indonesian nation and the people of the city of Sukabumi.

Parluhutan Sagala; Arief Fahmi Lubis; Tetty Melina Lubis

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Constitutional Court rulings are final and binding, having a direct impact on the validity of existing legal regulations. This study aims to highlight the lack of uniformity in the legislative steps taken after Constitutional Court decisions. Employing a qualitative, descriptive approach, the research systematically collects data to provide an accurate and timely representation of the current legislative context. The findings reveal that the inconsistency in legislative processes following Constitutional Court rulings contributes to legal uncertainty, underscoring the necessity for standardized procedures in the legislative follow-up.

Igirisa, Jeis; Usman, Nurvia; Moonti, Roy Marthen

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The Constitutional Court (MK) has a strategic role in maintaining the stability of the Indonesian constitutional system through its main function as a guardian of the constitution. This article aims to analyze the influence of the Constitutional Court on constitutional stability, both through legal testing of the 1945 Constitution, the resolution of authority disputes between state institutions, and through supervision of the implementation of elections. Using a normative juridical approach, this article reveals that the Constitutional Court has made a significant contribution in maintaining balance between state institutions, ensuring electoral justice, and upholding the supremacy of the constitution. Nevertheless, challenges such as the independence of judges and the implementation of judgments remain issues that require attention. This article recommends strategic steps to enhance the role of the Constitutional Court in strengthening the stability of Indonesia's constitutional system.

Sam Meldrian Althonsius Oematan; Saryono Yohanes; Dhesy A. Kase

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The Constitutional Court (MK) regarding the Election Law on the presidential and vice presidential nomination threshold. Since the presidential election was held directly, the issue of the threshold for nominating presidential and vice presidential candidates has always surfaced every time a presidential election is held. In 2004, for example, the presidential nomination threshold was 10 percent. This research is a juridical-normative research, namely a process to find legal rules, legal principles, and legal doctrines in order to answer the legal issues faced. The data was analyzed descriptively-qualitatively.The results of this study indicate that the Constitutional Court Decision Number 74/PUU-XVII/2020 concerning the presidential nomination threshold (Presidential Threshold) is one of the important decisions in the discourse of democracy in Indonesia. The following is an explanation of the Ratio Decidendi of the decision in relation to the concept of democracy: Constitutionality of the Presidential Threshold The Constitutional Court (MK) in its decision emphasized that the presidential threshold or presidential nomination threshold is constitutional. This means that the provisions regarding the threshold do not conflict with the 1945 Constitution. The Constitutional Court is of the opinion that the presidential threshold is an open legal policy (Open Legal Policy) which is the authority of the lawmakers, namely the House of Representatives (DPR) and the President. The purpose of the Presidential Threshold, the Constitutional Court explained that the purpose of the presidential threshold is to simplify the party system and the presidential system, as well as to create government stability. The Ratio Decidendi of the Constitutional Court Decision Number 74/Puu-XXII/2024, Number 87/Puu-XXII/2024, Number 129/Puu-XXI/2023, Number 131/Puu-XXI 2023 concerning the Presidential Nomination Threshold is the Presidential Threshold is constitutional and does not conflict with the principles of democracy.

Karrar Hadi Sahar Ghilan

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

 One of the most important legal challenges is accusing the Head of Parliament, especially in light of the Republic of Iraq's 2005 Constitution. This fact results from the fact that, because it targets the accusing organization, it is the only constitution administered democratically. Internal regulations will be utilized to establish the legislative authority as he is the head of it, provided that they do not conflict with the provisions of the constitution. The study's goals of identifying, discussing, and resolving the most significant legal concerns in this case—drawing on the Iraqi constitution and the laws that attempt to call all matters relevant to the subject of accusation—thus highlight the study's significance. “especially in light of what the Iraqi constitutional legislator has neglected to address the questioning or dismissal of the Head of the Parliament and the reasons that require that.  

Fakhrurrozi Fakhrurrozi; Handar Subhandi Bakhtiar

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Health is a basic right guaranteed by the Indonesian constitution, as stipulated in Article 28H of the 1945 Constitution and Article 34 paragraph (3), which states that the state is responsible for the provision of adequate health care facilities for all citizens. Nonetheless, challenges in the provision of health services in remote areas are still significant, especially related to the limitations of facilities, medical personnel, and service quality. The development of technology, particularly telemedicine, has opened up new opportunities in the delivery of health services, which can overcome geographical limitations and improve community access to medical services. The type of research in this study is normative juridical. The research results in this discussion are the protection of doctors and the regulation of telemedicine policies in Indonesia, by reviewing Law Number 17 of 2023 concerning Health regarding the implementation of telemedicine between health service facilities. Although telemedicine can expand access to health, the risks associated with remote diagnosis and treatment require special attention in terms of legal protection of health workers. Therefore, adaptive legal tools are needed to accommodate the growing development of health technology and provide legal protection for the parties involved in the implementation of online-based health services.

Zeno Eronu Zalukhu; Yasmirah Mandasari Saragih; Fauzan Fauzan

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

The Unitary State of the Republic of Indonesia is a country of law that guarantees justice and protection for its citizens. This protection is stated in the 1945 Constitution Article 28G paragraph (1), namely: "Everyone has the right to protection of themselves, their families, their honor, their dignity, and their property under their control, and has the right to a sense of security and protection from the threat of fear to do or not do something that is a basic human right". Fraudulent investment is an act of investment fraud, where the perpetrator asks for funds to be invested in a business that is in fact illegal and does not have a permit from the competent authority. This study aims to determine the form of legal protection for victims and to find out how to avoid fraudulent investment. The research method used is qualitative by using the type of literature study of journal analysis, or other media to become a literature reading that is arranged coherently and neatly. This literature study will look for various relevant articles by citing from various sources.

Sri Wulandari; Zabidin Zabidin

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Health is a human right and one of the elements of human welfare that must be realized by the state, the 1945 Constitution of the Republic of Indonesia, Article 34 paragraph (3) emphasizes that the state is responsible for providing equitable and affordable health service facilities for the entire community. This study aims to determine and analyze the legal formulation of patient protection in medical practice, using the normative legal research method, namely through literature/legislation searches (statute approach) with types of data sources, secondary data supported by primary data. The descriptive research type is then analyzed and presented qualitatively. The high level of public awareness of the importance of health has made people increasingly aware and understand their rights as patients in order to obtain good health services from health workers and hospitals. The legal relationship between doctors and patients as regulated in Law No. 17 of 2023 concerning Health is a business agreement relationship (inspaning verbentenis), which gives rise to rights and obligations. The community/patients receiving medical practice services have the right to legal protection so that every mistake in carrying out the medical profession is a form of mistake/violation of the law that is worthy of being prosecuted/filed in court as a form of protection for patients, victims of medical malpractice.

Zainal Arifin Hoesein; Ocktave Ferdinal

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The Constitutional Court Decision Number 87/PUU-XXI/2023 affirms the authority of the Corruption Eradication Commission (KPK) to investigate corruption crimes within the military, a step that raises concerns regarding the harmonization of civil and military jurisdictions within Indonesia's legal system. This study employs a normative research method with a comparative law approach and regulatory analysis. A comparative study is conducted with the United States and South Korea to identify the best approaches in handling military corruption. The study highlights the importance of balanced legal reforms that preserve military autonomy while integrating civilian oversight to strengthen anti-corruption efforts. The findings indicate that the involvement of civilian institutions in addressing military corruption can enhance transparency and accountability, despite facing challenges such as institutional resistance. This study recommends synergy between civil and military jurisdictions to establish an effective and equitable law enforcement system.

Andika Dwi Maizal; Edy Soestanto

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

The 1945 Constitution (UUD 1945) has a very iportant fundamental role in the legal and political system in Indonesia, especially in ensuring the fulfillment of Human Rights (HAM) for the people in Indonesia. As the country's highest constitution, the 1945 Constitution not only determines the structure and powers of the state, but also regulates the protection of the rights of individuals and groups of citizens or society. Since the amendments to the 1945 Constitution from 1999 to 2002, the substance of human rights has increasingly been strengthened and regulations have been tightened, with an emphasis on civil, political, economic, social and cultural rights. In this article I aim to examine how the 1945 Constitution functions as a legal instrument to guarantee the protection of human rights in Indonesia. This research uses a normative approach by analyzing articles in the 1945 Constitution which are directly or indirectly related to human rights, as well as assessing their implementation in practice. The results of the analysis show that although the 1945 Constitution provides a strong legal foundation for the protection of human rights, many challenges still arise in its implementation and enforcement, especially those related to the gap between legal norms and the reality on the ground. Apart from that, the role of state institutions such as the Constitutional Court (MK), Komnas HAM, and the judicial system is very crucial in ensuring the fulfillment of citizens' basic rights. In conclusion, the 1945 Constitution has great potential to guarantee Human Rights in Indonesia, but ongoing efforts are needed to overcome various obstacles and problems in its implementation practice.

Edy Soesanto; Shiva Nabila; Muhammad Areevo Al Islami Putra

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

This paper analyzes the implementation of citizenship rights in Indonesia, focusing on the interaction between public officials and the public. The important role of officials in policy making and implementation, as well as the active role of the public in participation and oversight, are discussed in depth. In addition, the article also presents some solutions to overcome these problems, with the aim of improving the quality of citizens' rights implementation. The implementation of citizenship rights between officials and the public in Indonesia is a complex and dynamic process. Despite the challenges, a commitment to democratic principles and the protection of citizens' rights can strengthen the relationship between officials and communities. With an inclusive and participatory approach, Indonesia can build a more just, transparent and sustainable society. The value of equality means that every citizen has equal rights, equal obligations, and equal standing before the law and government. This value in this reform era is very decisive for the journey of life in society, nation and state, as a signpost in achieving national ideals and national goals. Public participation in the political and decision-making process is essential to maintain the sustainability of democracy. People have the right to be involved in the discussion and determination of policies that affect their lives. Through elections, public forums and various other participatory mechanisms, people can express their aspirations and control public officials. This study analyzes the level of political participation in general elections in rural Indonesia. Through a survey of a number of respondents, this research identifies factors that influence political participation, such as education level, political awareness, and access to information. The results show that the level of political participation in rural areas is still low and is influenced by several obstacles. This research suggests the importance of improving the quality of political education and providing adequate infrastructure to increase people's political participation. As the subject of citizens' rights, the community has a very important role in ensuring these rights are realized. This paper discusses how the community can play an active role in political participation, oversight of the government, and in demanding their rights. The challenges faced by the community in carrying out this role, as well as efforts to increase community participation, are also reviewed.

Yohanes Fritantus; Hendrikus H Botha

Proceeding of the International Conference on Social Sciences and Humanities Innovation 2025 Asosiasi Peneliti dan Pengajar Ilmu Sosial Indonesia

The 1945 Constitution, Article 28B paragraph (2), and the regulations under it, such as Laws and Ministerial Regulations, have detailed provisions regarding the child protection system. The method in this research is qualitative research, with data collection techniques including observation, documentation, and interviews. The research results indicate that since the enactment of the Regional Regulation of North Central Timor Regency Number 15 of 2016, the Regent's Regulation of North Central Timor Number 54 of 2017, and the Regent's Regulation of North Central Timor Number 55 of 2017, the North Central Timor Regency government, through the Women's and Children's Empowerment Office, has established paralegals in the villages. In carrying out their duties, paralegals formally receive a Decree from the Regent and from the Village Government. Paralegals serve as the extended arm of the local government in providing outreach at the village level and assisting child and female victims in both litigation and non-litigation resolutions.

Bahrul Ulum

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This article examines the important role of law in promoting economic development and ensuring the well-being of people in Indonesia. It analyzes the legal framework that governs economic activities, focusing on principles and regulations that facilitate economic growth, protect rights, and promote social justice. This article explores the evolution of Indonesia's legal system in response to economic challenges and opportunities, highlighting key laws and policies that have shaped the nation's economic landscape. This includes an analysis of the constitutional foundations of Indonesia's economic system, with a special emphasis on Article 33 of the 1945 Constitution, which mandates a "people's economy" based on the principles of kinship, cooperative ownership, and state control over vital resources. Furthermore, this article discusses the challenges and prospects of using the law as a tool to achieve sustainable and inclusive economic development. It emphasizes the importance of legal certainty, regulatory efficiency, and the protection of public interests in fostering a conducive investment climate and promoting equitable economic growth. The article also discusses the role of law in addressing important issues such as environmental protection, labor rights, and consumer protection, highlighting the linkages between economic development and social welfare. By examining Indonesia's experience, this article contributes to a deeper understanding of the complex relationship between law and economic development in the context of developing countries.