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Heriyanto Heriyanto

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

Law constitutes a set of rules that must be obeyed and implemented by every individual. The concept of law-making forms part of the broader meaning of legal politics, serving as a guideline for the governance of the state and the life of society. Law is a necessity for all components of the nation and the state to create security and order, thereby providing a sense of justice. General elections (Pemilu) conducted directly by the people, from the people, and for the people serve as a means of manifesting sovereignty for the state to produce a democratic government based on Pancasila and the 1945 Constitution. The administration of general elections direct, free, universal, and secret must be carried out honestly and fairly, capable of realizing national integration, professionalism, and accountability in order to position the people as the primary holder of sovereignty. This study employs a normative juridical legal research method with a statutory approach and a conceptual approach. The results of this research indicate that the legal concept concerning general elections depends on legal politics, which acts as a determining activity in the pattern and formation of election legislation designed to oversee and renew that law as a determination of politics related to democracy in the country. This study aims to ascertain the impact of the implementation of legal politics in the post-reform general election system and represents an existence of legal politics within Indonesia’s legal enforcement system.

Ismidar Ismidar; Tamauina Br. Sembiring; Sri Utami

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

Law is a guideline and rules related to the concept of living in society and will always be in accordance with the conditions of society. Law is a demand to be able to provide justice, meaning that law is always faced with the question of whether law can realize justice. Related to the concept of law, legal politics is interpreted as an activity that determines the pattern and method of forming law, supervising the operation of law, and updating law for the purpose of the State. Therefore, law is a determinant of politics, and is also related to democracy in the sense that political activities are regulated and must be subject to legal rules. Law is viewed from the perspective of das sollen (necessity), viewing that law must be guided by relations between members of society. While those who view it from the perspective of das sein (reality), empiricists see that law is greatly influenced by politics not only in the process of making it, but also in its empirical realities. So that law is influenced by politics and even now legal autonomy in Indonesia is often intervened by politics, not only in terms of its making, but also in its application, both in terms of law enforcement. This study aims to determine the impact of the development of legal politics in the law enforcement system in Indonesia and the existence of legal politics in the law enforcement system in Indonesia. The method used in the study is normative juridical.

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.