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Eva Naura Maharani; Akmal Haris; Nazwa Hawwa Audica; Febriyana Nur Aziza Sagita Sari

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This research uses three (three) different approach models, namely statutory approach, case method, and conceptual approach. The constitution contains a number of concepts and standards, as well as provisions that defend and uphold human rights, according to das soll. However, the rules outlined in das sollen do not correspond to reality. Surprisingly, the authorities often ignore backwardness, poverty, and even oppression. Two main objectives that are interesting to be researched by the author in this regard are: to find out the interpretation of the Constitutional Court at stipulation column 28J clause (2) 1945 Composition concerning limitation about human rights and under what circumstances limitation about human rights may be declared unconstitutional by a Constitutional Court.

Anti Navirotul Baety; Heni Dora Sinaga; Ibrahim Yahya

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

Indonesia is a country that upholds people's sovereignty, which means that all political and governmental activities in Indonesia, both directly and indirectly, are regulated by the people. It is the people who choose who is entitled to occupy government positions using the election mechanism. This election itself was followed by more than a dozen political parties. The purpose of conducting this research is to further discuss whether the dissolution of political parties has violated the existence of freedoms that guarantee human rights in them or whether these rights have limitations in certain respects. As well as another objective is to examine the reasons and mechanisms in a dissolution within a political party carried out by the Supreme Court. This research uses normative qualitative methods where the results of the research will be in the form of a comprehensive review based on law no. 24 of 2003 and Law no. 2 of 2008. The result is that the dissolution of political parties does not violate human rights at all because the right to associate has certain limitations and the reason political parties can be dissolved is that it is contrary to the 1945 Constitution and Pancasila ideology.

Destina Balqis Anggiyanti; Ruth Shelomita; Dhamara Kusuma Swastika P; Laga Sugiarto

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

. In the practice of democratic state administration, the presidential election and regional head elections are certainly one of the country's focuses in the future to find leaders who will take care of this nation, of course it is hoped that the elected leaders are leaders who really carry out this great mandate as well as possible. Based on the choice of the community, this leader will be elected through the democratic system of elections, but there are still many problems that often occur in its implementation. The purpose of this research is to analyze the law of democracy in the implementation of presidential and regional elections in a presidential system country. This research method is normative juridical research with the basis of research using a statutory approach. The results of this study are that the Presidential System, especially in Indonesia, is still often weakened by the provisions of public office and the constitution on the powers of the head of state and the law, supervision in the general election system must certainly be carried out as cleanly as possible in order to create leaders who really have high integrity.

Dinita Ardiyanti; Rayhan Nizam Mahendra; Febyola Alistya Senoaji; Nafiza Salsabila Faliha; Laga Sugiarto

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Mr. Joko Widodo, The President of the Republic of Indonesia, has recently been inseparable from various hot issues that have been debated in the community during his tenure for two terms. In recent years, there have been  discussions for postponing elections  made by a range of political figures, and people who support the issue. The big impact caused by this discourse includes demonstrations and resistance from the community. The stability of a country is also affected by an increasingly tense political situation. The danger of democracy allowing its people's freedom to speak raises political turmoil, which can undermine the values of constitutional sovereignty and democracy. The article investigates Indonesia's laws governing the delay of national elections and the recommendations for the implementation of the discourse on postponing the general election against the sovereignty of the constitution and democracy as well as the consequences of its implementation. The study's methodology is normative juridical with a legislative and conceptual focus. Data were gathered through a literature review of secondary legal materials, such as the general election law, secondary sources in the form of journals and books, and tertiary sources in the form of articles from websites. The conclusion of the findings of this article in the form of a constitution does not regulate or require the prorogation of the general elected. However, to strive for the agenda, there is a method of forming a Government Regulation in Lieu of Law that involves a mismatch in the periodization of the position of state stakeholder described in the 1945 Constitution and is an indication of contraindications to constitutional sovereignty. Constitutional amendments are the second option that can pose a threat to the sustainability of electoral principles that are part of a form of democratic sovereignty.

Kusuma Wijaya

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Democracy as the basis of state life allows recognition that, at the last level, the people regulate the main issues that concern their lives, including evaluation of state policies because they determine their lives. ) to the Constitutional Court regarding Law Number 7 of 2017 concerning General Elections regarding an open proportional system. The purpose of this study is to examine the closed proportional system discourse which is suitable to be reapplied in the 2024 General Election from a democratic perspective. The research methodology used is a normative juridical approach. Implications A closed or open proportional system cannot be said to be ideal for several reasons, namely, (1) In an open proportional system many candidates engage in money politics by secretly distributing money to the public. However, in a closed system, one cannot guarantee that this practice will be prevented and gain internal support within one's party. (2) Very suitable, each party can provide the best candidate in accordance with the development and progress of community needs. However, it is possible for the party to create other objectives for its own interests. (3) The principle of open proportionality, anyone who has fame and popularity but without proper background can easily be elected to a seat in parliament.

Savina Anggun Lestari; Muhammad Rijal Sadida; Risyan Putri Maharani; Intan Wahyuningtyas Andini

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

A rule of law is a country that upholds the rule of law as the main foundation in the administration of the state and government. In essence, a rule of law state also adheres to the meaning that every decision and action of the government must be based on law and mere will. It has been written clearly that the legal basis for the rule of law in Indonesia is contained in Article 1 Paragraph (3) of the 1945 Constitution which states that, "Indonesia is a country based on law". It is undeniable that in this Digital Age, Indonesia's challenges as a rule of law and its implementation are increasingly challenging. There are still many human rights violations, corruption and injustice in the justice system. To overcome these challenges, Indonesia has carried out many legal reforms. The purpose of this article is to find out how to analyze the challenges of the rule of law in enforcing constitutional law in the digital era. The type of research method used, using the method of literature study or literature review, by examining literature data that matches the theory within the scope of Constitutional Law. The results show that Indonesia as a rule of law country is still lacking in law enforcement and the justice system. In this digital era, technology has developed very rapidly, it also presents new challenges for constitutional law and of course also has an impact on the constitution. In conclusion, the existence of a rule of law remains important in this digital era in the implementation of constitutional law by adapting and developing an appropriate legal framework and strengthening the capacity of law enforcers to respond to these new emerging challenges.

Iqbal Aji Saputra; Salsabila Aprilia

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The Constitution is the highest law in Indonesia and is the foundation for the protection and upholding of Human Rights (HAM). The Indonesian constitution regulates human rights in various articles, such as freedom of expression, the right to education, the right to health, the right to work, and so on. However, there are still many cases of human rights violations that occur in Indonesia. Therefore, it is important to evaluate the relevance of the constitution in guaranteeing and upholding human rights in Indonesia. This study uses a qualitative approach with content analysis techniques for constitutional documents and laws related to human rights as well as literature studies. The results of the research show that the Indonesian constitution provides a strong basis for protecting and upholding human rights. However, in practice there are still obstacles such as a weak law enforcement system, corruption, and policies that are not progressive in promoting human rights. Therefore, efforts are needed to increase public understanding and awareness of human rights and strengthen institutions that play a role in upholding law and human rights in Indonesia. In addition, there is a need for efforts to adopt progressive policies in promoting human rights and guaranteeing their protection in accordance with the constitution. Thus, it is hoped that the constitution can become an effective instrument in guaranteeing and upholding human rights in Indonesia.

Iis Ariski; Irkhamna Kamalia; Fatikha Nur Nafi Ul’umam; Chanun Nida’ Nabiqoh

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Indonesia is a constitutional state, in which every behavior of the Indonesian people must be based on the laws set by the government. In addition, of course, as an Indonesian citizen, he must know his status in this country. Because basically every Indonesian citizen has the same right to obtain guarantees and legal certainty in every action. After knowing the importance of citizenship, of course, what is no less important is knowing immigration law. Because citizenship law and immigration law have an interrelated relationship in the legal system in Indonesia. The purpose of the research that the authors conducted was to find out the nature of citizenship and immigration in the Indonesian legal system. The research method used is the library method, in which researchers use sources from various books, journals and other sources of literature.  

Amelia, Revina Nova; Indah Femmithasari, Nadia

DINAMIKA HUKUM 2023 Universitas Stikubank

  The discrimination that many people with disabilities experience is discrimination in the work environment to people with disability are only pitied and seen as having many limitations and ultimately hampering the surrounding community. This view still occurs in many companies, they are reluctant to accept people with disabilities because they are considered to only hamper the company. By examining this problem, it is hoped that it can render a concern for how the government should enforce and supervise the employment rights of persons with disability, both in the government and private companies. The method used is a qualitative approach with the type of case study and is descriptive with a case study of discrimination in the selection of civil servants. It could then be concluded that persons with disability are the same as other human beings who have human rights, including employment rights, these rights have been guaranteed and regulated in the 1945 Constitution, Human Rights Law, Law on Persons with Disabilities, and other laws and regulations and from this research, it was found that there is still perception against persons with disability in the selection of Civil Servant (PNS) admissions

Puja, Ni Nyoman Asti Irawati

DINAMIKA HUKUM 2023 Universitas Stikubank

The existence regulations is crucial and important in Indonesia as a legal state that adheres to the civil law ,where in this system the highest position is a constitution. Pancasila and the 1945 NRI Law are fundamental guidelines in making laws and regulations.The principle is the basic guideline that must be fulfilled so that later the legal product results, namely the laws and regulations that are produced are good, ideal, and worthy of enactment. President Joko Widodo working with the DPR as legislature-forming institution to make a law in a different way, namely by repealing and/or amending several provisions of the law at once using the omnibus law method. There is a legal issue where in forming a law one must comply with the principles of forming statutory regulations, both formal and material principles. In this research, we will discuss how to fulfill formal and material principles in the formation of laws in Indonesia using the omnibus law method?. The results of the discussion in this writing are that the fulfillment of the formal and material principles of the law adopting the omnibus law method must be based on the principles stipulated in Article 5 of Law 13 of 2022.

Darmawan Wiridin; Zulfikar Putra; Hado Hasina; Muh. Arifin

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The existence of legal aid in a legal state is a necessity to provide legal assistance for the poor as mandated by the constitution. The implementation of the provision of legal aid to citizens is an effort to fulfill and at the same time as the implementation of a state of law that recognizes and protects and guarantees the human rights of citizens for the need for access to justice and equality before the law. The purpose of this service is to provide information to the community regarding the existence of legal aid for the poor in Pasarwajo Subdistrict This service activity is carried out in the form of lectures, questions and answers / discussions in which the speaker presents the material or presentation of the material then continues with a two-way discussion (question and answer). The findings obtained, that so far the community has not received complete information about legal assistance to the poor without being charged. After the socialization activity, the community, especially those in Pasarwajo Sub-district, had received information about legal aid. In addition, the activity was followed up with the formation of an institution that focuses on assisting legal cases affecting the poor in Pasarwajo Sub-district.

Budiman, Eren Arif

DINAMIKA HUKUM 2023 Universitas Stikubank

In order to ensure the strength and existence of political parties in parliament, political parties have authority over their cadres who become people's representatives. One of the authorities of political parties over people's representatives is the Time Shift (PAW), which is used by political parties against members of the People's Legislative Assembly who come from political parties. As a result, political parties have the authority to dismiss political cadres who are found to have violated party rules or the constitution. This study will look at how problematic the Inter-Time Change of DPRD members in Paniai Regency is under Law Number 17 of 2014. The research method employed is normative research, which is defined as research based on theoretical studies, principles, or other existing written legal regulations that will then be examined from various perspectives such as theory, history, philosophy, comparison, structure and composition, scope and material, consistency, general explanations, and chapter by chapter. The Prosperous Justice Party faction encountered difficulties in implementing the AMOS KEGIBUI MUYAPA Inter-Time Alternation mechanism in the Paniai Regency DPRD. AMOS KEGIBUI MUYAPA's problems and delays are contrary to statutory regulations; therefore, Time Shift (PAW) must be carried out in order to increase the strength and existence of the Prosperous Justice Party and the opposition in parliament in order to build political strength in the face of the 2024 general election.

Dirga Prayogo, Septian; Andraini, Fitika

DINAMIKA HUKUM 2023 Universitas Stikubank

Rule point 3 of the UUPA states that the use and exploitation of agrarian lands, especially the management of ulayat land, is carried out by customary leaders (Kepala Adat) and the utilization is intended for both members of the customary law community concerned and people who are not part of the customary or local law community. Every citizen has the right to obtain legal remedies as well as remedies for violations of rights they have suffered as well as a fair legal settlement. In this case, the state has an obligation to ensure the fulfillment of these rights. Based on access to justice which is a constitutional guarantee of human rights. Likewise in the explanation of Law no. 39 of 1999 concerning Human Rights Article 6 Paragraph (1) states that customary rights which are actually still valid and upheld within the customary law community must be respected and protected in the context of protecting and enforcing human rights in the community concerned by taking into account the law and regulations. laws and regulations. The approach method used in the preparation of this thesis is normative juridical research (normative legal research method). The normative juridical research method is a legal research library conducted by examining library materials or secondary data. By using the deductive method of thinking (a way of thinking in drawing conclusions from something general that has been proven true and that conclusion is aimed at something specific). Based on the analysis that the author conducted regarding the Recognition of Ulayat Rights in the Republic of Indonesia, the district/city government is the first line to provide recognition and protection of customary rights over customary law community lands. Regional autonomy, which forms local governments that are close to the people, is expected to increase legal recognition and protection of the customary rights of customary law communities which are often neglected in state life.   Key Word: Oil Palm, Law Protection, Customary Land.

Arief Fahmi Lubis

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Danger or nood can occur anytime and anywhere, in this case, it can only occur in a certain area or it can even occur as a whole in the territory of a country.The purpose of this research is to give an idea that emergency constitutional law provides reasons or the basis for granting the state a right to take action in overcoming or dealing with dangerous situations.This qualitative research used a descriptive approach to collect data systematically, factually, and quickly according to the description when the research was conducted. The results of this study indicate that it is necessary to stipulate an emergency law that regulates matters of governance that due to urgent circumstances need to be regulated immediately.

Kurniawan, Itok Dwi; Septiningsih, Ismawati

Adi Widya: Jurnal Pengabdian Masyarakat 2023 Lembaga Penelitian dan Pengabdian Masyarakat

In essence, the regulation regarding children has been regulated in the Indonesian constitution, which is related to the regulation of human rights which is regulated in the 1945 Law of the Republic of Indonesia Article 28b paragraph 2 of the 2nd Amendment, August 18, 2000 clearly stipulates that children's rights are survival, growth and development as well as the right to protection from violence and discrimination. Childhood is a period of formation of character, personality and character. Forms of child protection are carried out from all aspects, starting with coaching in the family, social control over children's association. Law Number 35 of 2014 and also Law Number 11 of 2012 concerning the Juvenile Criminal Justice System principally aims to provide and protect children's rights so that they can live, grow and develop and participate optimally, and obtain protection from acts of violence and discrimination. The method of implementing this service is carried out in several activities, namely the survey stage, namely socialization. With the aim of realizing a Golden Generation of Child Protection Awareness

Tamba, Devina Ulima Nathania; Rizal, Muhamad; Natari, Sari Usih

Jurnal Ekonomi, Bisnis dan Manajemen (EBISMEN) 2023 FEB Universitas Maritim Semarang

The presence of workers in the company is dominated by executives. They often have conflicting interests for the company's activities. In order to help workers' positions remain relevant and recognized, workers need a Labor Union. In an industrial environment, it is normal for disputes to occur and the role of trade unions is needed to mediate the interests of both. Therefore, the expected goals are to explain the role of trade unions to address industrial relations disputes and the efforts that they attempt. This study determines literature review as the method by accumulating journals and collecting eight articles that meet the criteria. After having reference materials, the researcher will analyze the data based on a collection of these studies which the researcher will generalize into a literature review paper. The results of this research are that trade unions act as assistants, bodyguards, representatives, supervisors, and mediators and prioritize the settlement of disputes internally and amicably. Efforts made by trade unions include carrying out bipartite and tripartite negotiations consisting of mediation, arbitration and conciliation, as well as the industrial relations court, submitting a letter of application for Judicial Review to the Constitutional Court, and honing the skills of trade union members.

Divani Khaira Anggistya; Alisya Afifah Maulidina Putri Abdillah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The Pancasila Law of Indonesia is a unique and distinct legal concept for the Indonesian nation. The Pancasila Law is the result of Indonesia's long struggle for independence from colonization and the building of a free, democratic, sovereign, just, and prosperous nation. The Pancasila Law is not only based on constitutional documents or laws, but also has a strong philosophical and moral foundation that originates from Pancasila as the foundation of the Indonesian state. The concept of Pancasila Law in the three-dimensional prism, also known as the three aspects of trias politica, consists of functions, structure, and system. These three aspects are interconnected and cannot be separated from each other in carrying out their tasks and functions as the basis of the state law. Thus, the conclusion of the concept of Pancasila law is that it is a unique, complex, and holistic legal system that encompasses the values and principles of Pancasila as the foundation of the Indonesian state. Pancasila law combines legal, philosophical, and moral aspects while accommodating the cultural and religious diversity of Indonesia, and encourages societal participation in policy-making. Pancasila law is the result of the long struggle of the Indonesian people for independence and the building of a sovereign, democratic, just, and prosperous nation.

Aga Wiranata

Jurnal Insan Pendidikan dan Sosial Humaniora 2023 International Forum of Researchers and Lecturers

Pancasila sebagai sumber hukum dan apakah Pancasila juga sangat berpengaruh pembentukan hukum nasional akan menjadi kajian utma dalam jurnal ini. Selain soal pengaruh poltik dalam menjadi spektrum determinan yang paling berpengaruh terhadap wajah legisladi dan regulasi di Indonesia. Kesimpulan dari peneltian ini adalah menemukan bahwa keberadaan Pancasila sebagai sumber segala sumber hukum dalam tatanan hukum nasional masih belum dapat diterapkan secara praksis. Pengaruh reformasi ternyata membuat status Pancasila dalam tatanan hukum mengalami ketergerusan. Hal ini dipengaruhi oleh tiga persoalan yaitu: pertama, adanya sikap resistensi terhadap Orba yang telah menjadikan Pancasila sebagai alat untuk melanggengkan kekuasaan dan melindungi pemerintahan otoriter. Kedua, menguatnya pluralisme hukum yaitu menerapkan beragam sistem hukum yang mengakibatkan keberadaan Pancasila menjadi semakin termarjinalkan.  Ketiga, Pancasila hanya sebagai simbolis dalam hukum sehingga menimbulkan disharmonisasi antara peraturan perundang-undangan seperti adanya UU dan Perda yang bertentangan dengan UUD 1945 dan Pancasila

Danni Arthana

Jurnal Insan Pendidikan dan Sosial Humaniora 2023 International Forum of Researchers and Lecturers

Demokrasi mengidealkan pergantian kekuasan tidak hanya terpsat pada satu kelompok dan golongan tertentu. Akan tetapi, pada prakteknya, baju demokrasi hanya digunakan dalam aspek formil-prosedural semata. Hal-jal yang bersifat substantif belum terlihat secara sempurna. Hal tersebut dapat tergambar dalam kekuasan yang tidak bergeser dari titik tertentu. Lingkaran kekuasaan tersebut terkonsentrasi pada sati ingkaran tertentu. Dalam penelitian ini, dinasti poltik tersebut dibedah dalam dua sudut pandang yang mendalam. Yakni dalam persepektif hukum tata negara dan filsafat hukum.

Banna, Banna Nidham Ulhaq; Anshori, Isa

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2022 Prodi PPKn Universitas Slamet Riyadi

National identity is a sign or characteristic of a country that can distinguish its characteristics from other countries, because the identity of a country lies in the concept of the country itself. Etymologically, national identity comes from the words "identity" and "national". Identity comes from the word identity which means the existence of a character, trait, or quality related to an individual, group, or something that distinguishes it from others. And National comes from the word nation which means state. And every country is obliged to implement constitutional behavior in the life of the state. Because in general the constitution is the basic principle and law of a nation, state, or community group. Where that determines the power, duties of the government and guarantees certain rights for its citizens. Â