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Abdul Rahman Osama Djawas; Saryono Yohanes; Cyrilius W.T. Lamataro

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Election or General Election is a facility of freedom or right owned by the people to elect members of the House of Representatives, DPRD, DPD, President and Vice President which is carried out directly, publicly, freely, secretly, honestly and fairly or commonly abbreviated as LUBER JURDIL based on Pancasila of the Constitution of the Republic of Indonesia in 1945. There are various ways to win the hearts of the public in the implementation of elections, including through democratic strategies such as using the vision, mission, program and work of the candidate pair to the community.  There are also other ways that are often done, even as if it is mandatory to be able to win elections, then for most voters it becomes a common and inevitable thing, namely money politics. The practice of using money in politics in Indonesia is not a new money. The reason is that from the reform period, the practice of money politics was rampant. Many candidate pairs use money as a way to bring victory in elections. This research is an empirical research supported by a qualitative descriptive approach that uses primary data and secondary data collected using interview and observation methods and data is processed using data examination methods (editing), data marking (coding), data validation, and data vertification and analyzed using judicial analysis techniques. The results of this study show that (1) The management of village funds by the Oelnaineno village government in meeting the community's needs for clean water has been carried out in accordance with procedures and gradually, this is marked by the creation of mini reservoirs and reservoirs in each hamlet. (2) Factors that affect the Oelnaineno village government in allocating village funds to fulfill the rights of the Oelnaineno village community to clean water, namely legal factors, law enforcement factors, facilities or facilities factors and community factors that are less active in taking part in helping the village government.

Kuswan Hadji; Muhammad Arvin Zakiy Fuadi; Ryan Aji Kusuma; Sheva Andika Ramajagandhi; Deriel Pratama Putra +2 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The Constitutional Court is a judicial institution in Indonesia which was established on August 13, 2003. The Constitutional Court has the authority regulated in article 24C of the 1945 Constitution and Law Number 24 of 2003 concerning the Constitutional Court which was later updated to Law Number 8 of 2011. The Constitutional Court has a principle in making a decision on the material test of the law against the Constitution, which applies to everyone, final, independent and impartial. The Constitutional Court's (MK) decision regarding the age limit for presidential and vice presidential candidates (presidential and vice presidential candidates) in Case Number 90/PUU-XXI/2023 continues to reap pros and cons. In the decision, the Constitutional Court granted part of the application that tested Article 169 letter q of Law Number 7 of 2017 concerning General Elections. This study aims to identify and analyze disputes over the Constitutional Court Decision Number 90/PUU-XXI/2023 concerning the material test of article 169 letter q of Law number 7 of 2017 concerning general elections in terms of juridical aspects. The research method used is a literature study of the Constitutional Court decision Number 90/PUU-XXI/2023 with a focus on normative legal analysis. The results of the study show that the Constitutional Court's decision Number 90/PUU-XXI/2023 is formally inconsistent with Law Number 49 of 2009 concerning Judicial Power and Constitutional Court Regulation No. 2/PMK/2021.

Kheisa Rahma Adhadina; Savira Eka Kusumawati; Nanjelina Adinda Fazya; Farizki Alam; Kuswan Hadji

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Indonesia is a legal state whose government system is based on applicable regulations. These regulations are carried out by several powers, namely the Executive, Legislative and Judicial powers. The purpose of this division of power is to avoid injustice due to arbitrary power. The judiciary or judicial institution is an institution whose role is to uphold justice, of course this judicial institution is very important because it is one of the basic pillars of the government system in the Republic of Indonesia. In fact, it is clearly regulated in Article 24 paragraph (1) of the 1945 Constitution which In essence, the judiciary is an institution that has independent power to administer justice to uphold justice. In this article the authors will discuss the urgency of the Judicial Institution in the government system in Indonesia and the role and operation of the judiciary in the government system. The discussion uses the Normative Juridical method, namely by studying and paying attention to Values, existing regulations.

Tiara Sari Putri Arifin

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Because we are social creatures, laws establish norms about how members of society should interact with each other. The Constitution of the Republic of Indonesia establishes a legal framework to regulate all human interests, including human rights. An agreement is an important document that regulates the responsibilities and privileges of individuals involved in a contractual relationship. An agreement is defined as a legally binding act that binds the promising parties in Article 1313 of the Indonesian Civil Code. However, agreements are not always enforced, and defaults occur all the time; for example, PT. Bank Rakyat Indonesia (Persero) Tbk is fighting debtors who have not paid their bills. The causes of default, its impact on the parties, and the procedures required by law to resolve disputes are all discussed in this abstract. It is believed that a thorough understanding of default will help prevent similar incidents in the future and find fair and efficient solutions.

Sonia Yolanda; Muhammad Naufal Hakim; Zahvirah Ayudiah Pratiwi; Syamsu Adriyan Sahidin; Muhammad Fadhlurrahman +1 more

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is aimed at examining how to protect the rights of indigenous peoples from several practices through a review of legislation. Regulations on customary law communities have long been regulated in Indonesian law, including the constitution. However, overlapping regulations due to conflicts of interest between the government and investors hinder the protection of their rights. Governments are often involved in land and natural resource grabbing, known as land grabbing and green grabbing. This practice triggers complex conflicts that are detrimental and ignore the rights of indigenous peoples. The conflict is rooted in the government's negligence in drafting harmonized rules that should really protect customary law communities.

Ghatfhan Hanif

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The mandate of the introduction of human rights and freedom as a human being has been stated in the opening of the 1945 Constitution (UUD 1945) with 4 (four) paragraphs that lead humans and their nation to humanity, a justice that is independent, united, sovereign, just and prosperous and is based on the development of the nation's ideals in the crystallization of Pancasila. The constitution is like the 'Spirit of the state' that lives to grow, develop, and direct the 'Physical state' towards the paradigm, understanding and actualization of axiology in everyday life. The reason is, the state is said to be perfect if its physicality is filled with spirit in the rules of harmony, harmony and balance. Thus, all of this is needed to be a name "State of Law". The state of law gives birth to basic concepts, namely the supremacy of law that is just, limitations of power, and guarantees of universal empowerment of human rights (HAM). The rule of law upholds the supremacy of the welfare concept of the rule of law that all people have the same position in the eyes of the law (equality before the law), so equality and social balance in fulfilling universal and fundamental rights in the case of people with disabilities must be positioned in a position, role and potential that legitimizes, justifies and confirms their condition as humans (living of human), not as objects or objects (inanimate).

Kuntonugroho Adnan

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The necessity of law in upholding the principles of the constitution, particularly in governing various aspects of people’s lives, notably its enforcement and impact on economic advancement, holds significant importance. Economic law emerged in response to the rapid expansion and progress of both domestic and global economies. Across nations, legal frameworks are utilized to regulate and supervise economic and socio-technical activities, ensuring that economic progression does not compromise individuals’ rights and welfare. The introduction of the Business Competition Law was aimed at fostering a competitive market economy, allowing for fair competition between economic entities and society. The primary objective of this legislation is to forestall monopolistic practices and unfair business competition. Through the enforcement of business competition law, the aspiration is to attain economic efficiency, leading to the enhancement of public welfare. Monopolistic activities contribute to economic disparities, adversely impacting societal harmony. For instance, collusion among businesses to dictate prices can harm consumers significantly. Essentially, a select few enterprises can engage in agreements to segment markets, control prices, regulate the quality and quantity of goods and services (through cartels), all geared towards maximizing profits swiftly. Such anti-competitive practices are unjust and disadvantageous to consumers. In the global context, fostering healthy business competition is crucial to preventing detrimental business practices and promoting fair economic competition.

Nurwidya Kusma Wardhani; Taufiqurrohman Syahuri

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to examine how the Papuan conflict from the perspective of emergency constitutional law. The perspective of emergency constitutional law in this study discusses more about the development of the Papuan case from time to time. We all know that the conflict in Papua has yet to be resolved. The role of the TNI and Police in maintaining defense and security in Papua makes its own attention not only in the national arena but also in the international arena. The method of data collection is carried out by means of literacy studies and laws and regulations and conducting qualitative descriptive data analysis to find out how the Papuan conflict from the perspective of emergency constitutional law. Both internal and external threats due to the desire of the Papuan people to separate themselves from Indonesia.  

Adam Maulana; Khalid Abdurrahman; Gusmanelli Gusmanelli

Jurnal Motivasi Pendidikan dan Bahasa 2024 International Forum of Researchers and Lecturers

In practice, the Cooperative Education Unit (SPK) does not provide the same space for every Indonesian citizen to get a quality education. SPK has becomea practice of educational capitalism that further widens the gap between one person and another  and  eliminates  the  principle  of  justice  where everyone has the right to equal opportunities for education. The  method  used  in  this  study  is  normative  legal  research that uses three approaches, namely the legislative approach, the case approach, andthe conceptual approach. With the analysis using the perspective of critical law and the theory of  Justice  John  Rawls.  The  result  of  this  study  is  a  policy recommendation  so  that  the  Cooperative  Education  Unit (SPK) school policy as a product of government policy in the education area contained in Permendikbud No. 31 of 2024 should be reviewed, corrected and returned to be a policy in accordance with national education goals. In order to be in line with the constitutional mandate to educate the life of the nation and to provide space or access to every citizen to get his or her constitutional right to education.  

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Nabhan Tabarok; Muti'ah Nuha Mumtazah; Hannamuddin Wafiyur Rahman

Jurnal Ilmu Sosial, Bahasa dan Pendidikan 2024 Pusat Riset dan Inovasi Nasional

This study discusses citizenship rights within the framework of the rule of law in Indonesia, focusing on both theoretical and practical aspects. Citizenship is a crucial element in the legal system, as it grants individuals legal status, through which they can access civil, political, and social rights. However, despite the constitutional guarantee of citizenship rights, their implementation in Indonesia still faces various challenges, particularly regarding stateless individuals, children from mixed marriages, and limited access to citizenship documents. This research employs a normative juridical and comparative method by analyzing Indonesia's citizenship regulations and comparing them with countries such as Canada and Germany. The findings indicate that Indonesia needs to reform its citizenship policies to be more inclusive and aligned with international standards. Recommendations include addressing statelessness issues, simplifying the administrative process for obtaining citizenship, and aligning policies with international principles. Therefore, it is expected that Indonesia's citizenship policies can provide more equitable and fair protection for all its citizens.

Edwin Hendrik; Subekti Subekti; M. Syahrul Borman

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The amendment to the 1945 Constitution is an important milestone in the history of the Indonesian constitution that aims to improve the system of government and maintain the balance of power between the executive and legislative. This study aims to analyze the policy of limiting executive and legislative powers implemented through the amendment to the 1945 Constitution, and its implications for the system of government in Indonesia. The research method used is normative research with a qualitative approach, through literature studies and analysis of constitutional documents and relevant laws and regulations. Data were obtained from various sources, including the text of the 1945 Constitution before and after the amendment, academic literature, and the results of interviews with constitutional law experts. The results of the study indicate that the amendment to the 1945 Constitution has brought significant changes in the limitation of executive and legislative powers. Among them, the amendment introduced a stronger checks and balances mechanism, clarified the functions and authorities of each state institution, and set limits on the presidential term of office to prevent absolute power.    

Ashfiya Nur Atqiya; Ahmad Muhamad Musain Nasoha; Diva Senja Andini; Dwi Safa`atun; Aditya Putra Pratama +1 more

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

As the ideological and philosophical basis of the Indonesian state, Pancasila plays an important role in the formation of national laws and regulations. This journal examines three main aspects of the function of Pancasila in law. First, Pancasila serves as a normative framework to ensure that laws are in accordance with basic values such as justice, humanity, and unity. Second, Pancasila strengthens legal legitimacy and political consensus in the midst of modern political dynamics that are often polarized. Third, there are problems in implementing Pancasila values in law, such as inconsistencies between positive laws and people's aspirations, as well as bureaucratic constraints. In addition, the journal discusses how the values of Pancasila should be instilled and taught, how it helps strengthen constitutional democracy, as well as its relationship to economic law, human rights, environmental issues, and international law. This journal emphasizes how important it is to apply the principles of Pancasila in facing global challenges and maintaining the integrity of the nation. The research method used in this article is a qualitative approach with document analysis and literature studies on laws, court decisions, and other legal sources. The results of the study show that the application of Pancasila in law in Indonesia still faces various challenges, but it has great potential to strengthen the national legal system, especially in the aspects of social justice and constitutional democracy.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Madeeha Yumna Abdulloh; Zulfah Nurul Salsabila; Lathifa Siti Rahmani

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

This article discusses the relationship between Pancasila as the state ideology and constitutional law in Indonesia, particularly in the context of the recognition and protection of customary law. Using a normative juridical research method, the study examines the relevance of Pancasila in shaping the legal foundation and state policies that support the sustainability of customary law. The study also highlights the constitutional implications in providing formal recognition of the existence of customary law and the efforts to protect the rights of indigenous communities in Indonesia.The research findings indicate that Pancasila, as the state ideology, plays a crucial role in guiding constitutional law to protect local wisdom and cultural diversity, including in matters of customary law. Although the recognition of customary law has been accommodated within the constitution, its implementation still faces various challenges, particularly related to conflicts between customary law and national law. Therefore, synergy between Pancasila and constitutional law is needed to strengthen the protection of customary law within the framework of the Indonesian legal system.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Alfitozaki Jundi Robbany Akmal Fauzan; Kun Zakia Khoirotun Nisa; Farah Rosyidah

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The study aims to explore the application of the principle of non-discrimination in citizenship rights in Indonesia using qualitative methods based on the results of the analysis, proposing several suggestions.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Hanifah Muslimah; Rana Inas Zahira; Dina Setiana Pratiwi

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines citizenship as a constitutional right in Indonesia, focusing on the foundational principles of citizenship, the roles of state institutions, challenges in the enforcement of rights, and relevant case studies. The research employs a doctrinal legal methodology with a normative approach, incorporating legislative, case law, conceptual, historical, and comparative perspectives. Data is collected from primary, secondary, and tertiary legal sources through a literature review. The analysis reveals that the foundational principles of citizenship are enshrined in the 1945 Constitution of Indonesia (UUD 1945), which includes the right to participate in government, the right to decent work, and other social rights. State institutions such as the President, the People's Consultative Assembly (DPR), and the judiciary play crucial roles in the enforcement of constitutional rights. However, several challenges persist, including human rights violations, injustices within the legal system, and barriers to political participation. Case studies related to administrative issues in the 2024 elections, human rights violations in Papua, and the controversy surrounding the Omnibus Law on Job Creation illustrate practical issues in the implementation of constitutional rights.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Zhelika Wahyu Wardhani; Jovita Dwi Kusumastuti; M. Adil Hakim Al Hadi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia's constitutional reform since 1998 has brought significant changes to the governance system, legal framework, and the protection of civil rights. This study analyzes the impact of the reform on civil rights protection, focusing on the legal and policy dynamics in the post-reform period. Key changes include the amendments to the 1945 Constitution, decentralization of power, and the strengthening of state institutions such as the Constitutional Court. While the legal framework for human rights has been reinforced, challenges persist, including the harmonization of regional and national regulations and corruption, which undermines public access to basic rights such as healthcare, education, and justice. Decentralization often produces discriminatory policies against religious, ethnic, and sexual minorities, while past human rights violations and identity politics exacerbate social tensions. This study employs a normative method with historical and juridical approaches. To enhance civil rights protection, improved oversight of regional regulations, the abolition of discriminatory policies, anti-corruption measures, and transitional justice mechanisms for addressing past human rights violations are essential. Strengthening civil society and judicial reform are also critical steps toward achieving more effective and equitable civil rights protection.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Imro’atus Sholikhah; Sri Hafsari Fakriyah; Khansa Naila Nurhusna

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Dual citizenship presents a multifaceted issue for many nations,including Indonesia,especially in the context of increasing globalization and international mobility.Under Indonesia’s Citizenship Law No.12 of 2006,only single citizenship is recognizet,which poses various legal and administrative challenges for individuals holding dual citizenship.This study investigates the constitutional and human rights issues surrounding dual citizenship in Indonesia,examining the difficulties arising from the country’s single citizenship policy ang exploring potential solutions.The focus is on legal reforms,the implementation of international treaties,and enhanced international cooperation as means to address these challenges.Findings suggest that revising the Citizenship Law,integrating relevant international treaties,and improving public education on dual citizenship could significantly improve rights protection.The study advocates for Indonesia to consider legal reforms and strengthen international collaboration to better manage and fairly address the complexities of dual citizenship.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Ki Awang Pijar Pembayun; Khoridatul Bahiyah; Muhana Ayu Devita

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research explores the role of the Constitutional Court (MK) in protecting citizenship rights in Indonesia. As a constitutional judicial body, the MK holds a crucial responsibility to review laws against the 1945 Constitution (UUD 1945), ensuring that fundamental rights of citizens, such as freedom of expression, the right to education, and the right to privacy, are not violated by existing legal policies. Through the mechanism of judicial review, the MK acts as a primary guardian capable of annulling laws that are in conflict with the constitution. This study examines various significant cases where the MK has played a critical role in safeguarding citizenship rights. We also identify various challenges faced by the MK, including issues in implementing rulings and potential political pressures that may affect the independence of this institution. From a global perspective, this research compares the role of the MK with constitutional bodies in other countries to provide a broader understanding of how the MK functions in an international context. The research employs doctrinal legal research, which is a process of discovering rules, principles, and doctrines to address the issues at hand. The research is prescriptive in nature. The methodology used is normative/doctrinal/library research. The findings indicate that although the MK has successfully protected citizens' rights through significant rulings, there remains an urgent need to improve the implementation of decisions and to safeguard the institution’s independence. Recommendations for enhancing the MK’s role include expanding legal education to the public, strengthening public access to judicial review mechanisms, and fostering closer collaboration with legal academics and practitioners. With these measures, the MK is expected to continue functioning effectively as a guardian of constitutional rights in Indonesia.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Inas Alifatus Salma; Athifah Saidah; Khubi Hanan Khoirunisa

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Abstract. Pancasila has an important role in various aspects of life, including in efforts to prevent and eradicate corruption. This research aims to examine the role of Pancasila's contribution in the context of constitutional law, especially in terms of integrity and public ethics. Using qualitative research methods and descriptive analysis, this study investigates how Pancasila values such as social justice, fair and civilized humanity, and unity can be integrated into the legal system and state administration to prevent and eradicate corruption. The results of this study show that the use of Pancasila principles in laws and public policies has significant potential to improve transparency and accountability. The study also identifies challenges and barriers to the implementation of Pancasila values and provides recommendations to improve the effectiveness of corruption prevention and eradication in Indonesia. The findings support the argument that Pancasila serves not only as an ideological basis, but also as a practical foundation in building a legal system with integrity.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Dealova Rizki Meilana; Septiana Qholi Syainiah; Iftitah Naura Az Zahra +1 more

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This journal discusses the role of Pancasila in maintaining the balance between individual freedom and public order in Indonesian constitutional law. Pancasila, as the state foundation and ideology of the nation, occupies a central position in the formation of the legal system in Indonesia and serves as the source of all sources of law. In the context of constitutional law, Pancasila regulates how individual freedom is recognized as a constitutional right that is not absolute, but must be balanced with social responsibility and certain restrictions in order to maintain public interest and public order. This discussion highlights the challenges faced in maintaining this balance. This journal also provides suggestions for strengthening the normative foundation consistent with Pancasila, applying the principle of proportionality, strengthening the check and balance mechanism, and increasing public participation and legal education. Through the Historical Approach method, it is expected to examine the development of the rule of law and the principles of Pancasila from the past to the present.