Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

Netralitas Pegawai ASN dalam Pemilihan Umum (Catatan Kritis Pemilu Presiden 2024)

Bibianus Hengky Widhi Antoro — Wed, 02 Oct 2024 00:00:00 +0000

The General Election Commission (KPU) has inaugurated the elected Presidential and Vice Presidential Candidates in the 2024 General Election. All stages of the Presidential and Vice Presidential Elections have been passed, and we are just waiting to take the oath. Even though all stages have been carried out, various problems still need to be solved, one of which is related to the neutrality of civil servants. Data from the Commissioner of the Indonesian Civil Servant Commission and the Constitutional Court's decision shows that violations of Civil Servant neutrality are very high and massive, especially after enacting the latest Civil Servants Law. This article uses normative legal method with the statute, case, and conceptual approaches related to the issue of the Civil Servants neutrality in the 2024 presidential election is reviewed from of. The conclusion shows that many civil servants still violated neutrality, follow-up on recommendations still needed to be implemented, and future efforts were made to form an independent commission that was a single organ that was multi-tasked with dual functions, namely supervisory and quasi-judicial functions.

Evaluasi Sistem Pemilu dan Ambang Batas Parlemen di Indonesia

M Zidny Ilman Nafian — Wed, 02 Oct 2024 00:00:00 +0000

The proportional electoral system has given rise to differences in the perspective of popular sovereignty. With careful consideration regarding the establishment of a proportional electoral system, it is hoped that elections can be created based on people's sovereignty. It is considered that the determination of parliamentary thresholds still needs to be reviewed. Determining the electoral system and parliamentary thresholds is a fundamental problem in organizing elections in Indonesia. This research uses normative research methods with a normative juridical approach, which is based on statutory regulations, opinions of legal experts, and factual case studies. Data collection techniques were carried out through literature studies from books, journals, articles and statutory regulations. The data analysis technique used in this research is a qualitative data analysis technique which refers to the facts and data that have been collected. Based on the results of the research, the author found several shortcomings in determining the 4% parliamentary threshold which requires further study in determining it. The author believes that a closed proportional system with the proposed adjustments can be the right solution to advance democracy in Indonesia, while maintaining political stability and fair representation for all Indonesian people.

Institusionalisasi Partai Politik: Studi Terhadap Masa Jabatan Pimpinan Parpol di Indonesia 2019-2023

Muhammad Haqiqi, Rizki Maulana Syafei, Audina El Rahma — Wed, 02 Oct 2024 00:00:00 +0000

The term of office of political party leaders is still being debated both in Article 23 paragraph (1) of Law Number 2/2011 concerning Political Parties, as well as in the test at the Constitutional Court with Decision Number 69 / PUU-XXI / 2023. The location of the debate is because the Political Party Law orders the regulation to the internal regulations of political parties, which is felt to be undemocratized in the level of regeneration of political party leaders. This research is present to compare the tenure of political party leaders in parliament and then determine the most ideal tenure of political party leaders from these parties based on the concept of institutionalization of political parties. This research method is juridical - normative through conceptual approach and statutory approach to legal materials related to the theme. This research concludes, from the internal regulations of the parties, the requirements for party leaders to the mechanism for electing political party leaders in general have the same style. Specifically related to the term of office of political parties, only the United Development Party (PPP) and the Prosperous Justice Party (PKS) have a period of time regulated in the party's internal regulations. Based on the concept of institutionalization of political parties from the comparative study, the ones that are close to the ideal concept are the Prosperous Justice Party (PKS) and the United Development Party (PPP).

Keterwakilan Perempuan Pada Lembaga Penyelenggara Pemilu Sebagai Hak Asasi Manusia

Agus Nardi Nasution, Sheila Hamdah Hanum Ritonga — Wed, 02 Oct 2024 00:00:00 +0000

Human rights are the birth rights of humans given by God. According to Artidjo Alkotsar in his book Human Rights are natural rights which are a gift from Allah SWT. Human rights are not a gift from any authority, government body, law or party for anything. Based on the background above, the problem is formulated as follows: (1) What are the Human Rights Problems experienced by Women's Representation as Election Organizers?, (2) What is the legal protection for Women's Representation as Election Organizers in Indonesia? This research uses normative research, namely reviewing and analyzing statutory regulations relating to law, legal principles, legal standards. The results of this research show that women's representation in organizing general elections has not reached 30% as stated in the regulations of Law no. 7 of 2017 concerning Elections, so it is necessary for the government and election organizing institutions to provide education and training access to women, and protection for female organizers.

Peluang Penerapan Purcell Principle sebagai Judicial Restraint Bagi Mahkamah Konstitusi dalam Pengujian Undang-Undang pada Tahapan Pemilihan Umum

Dian Agung Wicaksono — Wed, 02 Oct 2024 00:00:00 +0000

There are differing opinions regarding the Constitutional Court's decision to review laws related to elections after the election stages have begun, which indicates a lack of implementation of the Purcell principle. This principle states that the court cannot make decisions that affect changes to election rules once the election stage has begun, as it would make it difficult for organizers to adjust the rules and create confusion for the public. The aim of this research is to answer two questions: (1) how can the concepts of the Purcell principle and judicial restraint be explained in relation to the judiciary? and (2) what are the chances of applying the Purcell principle as a form of judicial restraint by the Constitutional Court when reviewing laws during the election stage? This is normative legal research that analyzes secondary data, including relevant laws and regulations, and various related literature. The findings show that the Purcell principle and judicial restraint have developed as concepts in the practice of the United States judiciary. Judges who apply the Purcell principle also apply the concept of judicial restraint because the court limits itself from making decisions that impact election rules during the election stage, thereby demonstrating the judge's attitude in applying judicial restraint. Moreover, there are several opportunities for the Constitutional Court to apply the Purcell principle as a form of judicial restraint when reviewing laws during the election stage.

Legal Policy Pembatasan Hak Politik Anggota Kepolisian dan Prajurit TNI di Indonesia: Sebuah Evaluasi

Rahadian Diffaul Barraq Suwartono — Wed, 02 Oct 2024 00:00:00 +0000

Political rights’ limitation for members of the police and TNI soldiers is an old issue that has almost been forgotten. However, this issue is back to become relevant when the 2024 General Elections are held. The spirit of regulating legal policies to limit political rights can be traced back to the embryonic formation of the TNI as a national armed force before Indonesia's independence. The Indonesian military, which was born with a unique character as a people's army, is positioned as a stabilizer of the political life of the nation and state through the conception of the Middle Way and the Dual Functions of ABRI. However, at the end of the New Order, this policy gave rise to excesses that harmed human rights and democracy in Indonesia. This article describes this problem in the form of a research formulation: what is the background to limiting the political rights of members of the National Police and TNI soldiers? And; Do these restrictions on political rights still need to be maintained? This is because efforts are starting to emerge to eliminate restrictions on political rights for TNI soldiers and members of the National Police. This article describes the grand design of the legal policy on these restrictions. This restriction is still relevant today and needs to be strengthened again after the 2024 elections. A thorough evaluation is required to ensure this legal policy can survive.

Politisasi Birokrasi - Bantuan Sosial dan Gugatan Perbuatan Melawan Hukum sebagai Sengketa Pemilu

Richo Andi Wibowo — Wed, 02 Oct 2024 00:00:00 +0000

This paper discusses cases of tort committed by government agencies/officials intertwined with election issues. This article raises three questions: by examining court decisions on the so-called Acting Regional Head case, has the tort lawsuit been effective in preventing the politicization of the bureaucracy? Why the previous case had occurred, but no tort lawsuit happened on the politicization of government social assistance?; What needs to be done to make the tort lawsuits more effective in preventing the politicization of bureaucracy and budgets in the future elections? This research examines court decisions and social phenomena with a legal theory as a tool of analysis. This paper concludes that the quality of ratio decidendi and dictum of the Acting Regional Head case were poor; the lawsuit has not been effective in preventing bureaucratic politicization. Moreover, there are several reasons on why nobody has sued tort on the context of politicization of government social assistance: limited time to submit petition; long and bureaucratic tort dispute process; court's narrow interpretation on "legal standing" and "plaintiff's losses"; also unpleasant experience with the results of the previous case. Four suggestions are provided to enhance the effectiveness of the tort conducted by the government.

Implikasi Dissenting Opinion Hakim Mahkamah Konstitusi dalam Perkara Perselisihan Hasil Pemilihan Umum (PHPU) Presiden dan Wakil Presiden Tahun 2024

M. Giovani Fernanda, Lego Karjoko, Hari Purwadi — Wed, 02 Oct 2024 00:00:00 +0000

The 2024 Presidential and Vice Presidential PHPU case contained a dissenting opinion, which had never happened before. This research aims to analyze the dissenting opinions of Constitutional Court Judges in the PHPU dispute for the President and Vice President and the implications of the dissenting opinion for the upcoming election. The research method is normative juridical. The type of data used is secondary data. The data analysis technique uses a data interpretation method with deductive reasoning which is presented descriptively. The results of this research are: first, the Dissenting opinion of the Constitutional Court Judge in the 2024 Presidential and Vice Presidential PHPU case, namely: Constitutional Justice Saldi Isra assessed that the distribution of social assistance during elections has the potential to cause a conflict of interest, so that the Petitioner's petition relating to social assistance is legally grounded; Constitutional Justice Arief Hidayat, based on systematic and grammatical interpretation, is of the opinion that the President/Vice President's right to campaign is used when the President/Vice President pair becomes the President/Vice President candidate pair in an election contest; Constitutional Justice Enny Nurbaningsih believes that there has been non-neutrality of officials in several regions, so the Court should order re-voting for several of these regions. Second, the implications of dissenting opinions on the upcoming election can be used as a basis for the implementation of future elections, so that there are improvements both in terms of regulations, institutions and implementation that must be carried out by legislators and election organizers in order to increase the integrity and credibility of elections.

Meninjau Urgensi Penerapan Purcell Principle pada Pemilihan Umum (Pemilu) di Indonesia

Ibrahim Ghifar Hamadi — Wed, 02 Oct 2024 00:00:00 +0000

The absence of limitations on the Constitutional Court to adjudicate court decisions regarding electoral regulations ahead of electoral contests has become a serious issue in Indonesia. Without clear limitations, court decisions have the potential to disrupt the electoral administration process and create uncertainty that could harm the electoral order. Reflecting on Constitutional Court Decision Number 90/PUU-XXI/2023, which regulates the age requirements for presidential and vice-presidential candidates before elections, serves as a stern reminder that the courts should not grant judicial review related to elections as it may give rise to conflicts of interest and tend to favor one party. To address this issue, the application of the Purcell Principle in Indonesia is necessary. The research method used is normative legal research using a legal approach and utilizing secondary data in the form of literature materials, such as legislation, court decisions, books, scholarly articles, and internet sources regarding the Purcell Principle. This study concludes that the application of the Purcell Principle is needed in Indonesia. Considering the concept of the Purcell Principle already applied in the United States, Indonesia must adopt the Purcell Principle to ensure order and legal certainty in the conduct of elections in the country.

Antara Pemilu dan Etika: Batasan Kewenangan Presiden dalam Kontestasi Pemilihan Presiden di Indonesia

Syaiful Bahri, Heri Fathumulloh — Wed, 02 Oct 2024 00:00:00 +0000

Sometimes what is permissible legally may not necessarily be ethical. This is the focal point of scrutiny regarding the actions of the President in involvement in the presidential elections in Indonesia. Where a President essentially holds strong political power relations and can mobilize state machinery, thus when a President supports one of the candidate pairs in the presidential election contest, it raises a question of whether it is ethical within the framework of democratic ethics, even though there is no prohibition for a President to support a candidate pair in Law No. 17 of 2017 concerning Elections. This study uses a normative legal research method with a literature study approach. The methods used are legislative approach and conceptual approach. The results of this study explain that normatively the President has the right to campaign/support a candidate pair, but must comply with provisions, such as taking leave outside state responsibilities and not using state facilities and upholding the principles of democracy, justice, separation of powers, protection of human rights, freedom of the press, and legal compliance. However, ethically, even though permissible in legislation, the President inherently holds power as the Head of State and Head of Government. Therefore, a Head of State must be neutral and embrace all, so it is not ethical if the President supports one of the presidential candidate pairs.

Analisis Penyelesaian Perselisihan Hasil Pemilihan Presiden di Indonesia

Prioni Rahmanda Saputri — Fri, 18 Oct 2024 00:00:00 +0000

This research is motivated by the Authority of the Constitutional Court in deciding disputes over the results of the Presidential Election in Indonesia. The Constitutional Court has the authority, including deciding disputes over presidential election results, to protect the constitutional rights of citizens, including the right to vote and be elected. Even though the election went smoothly, there was dissatisfaction which gave rise to disputes, which the Constitutional Court had an important role in resolving. This research aims to provide better insight into the role of the Constitutional Court in maintaining integrity and justice in the democratic process in Indonesia, as well as identifying the challenges and opportunities faced in resolving disputes over the results of the presidential election. The method used in this research is normative law with primary and secondary data sources. This research concludes that the discussion highlights the importance of the Constitutional Court (MK) in maintaining integrity and justice in Indonesian democracy. The Constitutional Court, as the front guard in upholding the rule of law and democratic principles, provides confidence that the presidential election is trustworthy and guaranteed to be fair by an independent institution. However, resolving disputes over the results of the Presidential Election faces obstacles such as political contestation and lack of compliance. Strong commitment, mutual understanding, and increased capacity of dispute resolution institutions and law enforcement are needed to overcome these obstacles.

Politik Perempuan dalam Pemilihan Umum Tahun 2024 dan Tantangan Menuju Kesetaraan Gender

Fri, 18 Oct 2024 00:00:00 +0000

This research aims to analyze women's political rights and position in the 2024 General Election and identify the challenges faced in achieving gender equality. Women's rights and political position are the main focus, with an emphasis on their participation and representation in the political process in the 2024 General Election. The issue of women's representation is very important because many policies are considered not pro-women, such as the Draft Law on the Elimination of Sexual Violence and many more. Even though the quota has not yet been reached, this year the representation of women has increased. There needs to be special attention to the issue of women's representation in politics. The method used in this research is normative legal research with a statutory regulation approach. Data was collected from primary and secondary sources related to the political position of women in the 2024 General Election and the challenges towards gender equality. This is important to analyze in depth as a representation that women and men are equal, so that they have the same rights in the implementation process of the General Election. Continuous commitment is needed from all levels of society to achieve this goal. This conclusion emphasizes that to achieve gender equality in politics, integrated efforts are needed from various parties, including the Government, civil society, educational institutions and the media. Only with strong cooperation can we hope to create a more inclusive and equal political environment for women.

Rekonstruksi Penyelesaian Sengketa Pemilu dan Paradigma Hakim dalam Putusan MK Nomor 2/PHPU.PRES-XXII/2024

Aprilian Sumodiningrat — Fri, 25 Oct 2024 00:00:00 +0000

Disputes over General Election Results (hereinafter abbreviated as PHPU) are dispute resolutions in the Constitutional Court based on the authority regulated in Law Number 7 of 2017 concerning Elections and Law Number 24 of 2003 concerning the Constitutional Court. There are fundamental problems in PHPU Presidential Elections regarding the resolution of violations that are structured, systematic, and massive. This study has conclusions, namely: First, the majority of judges have a fairly moderate view in viewing the position of the Constitutional Court to examine and prosecute violations of a TSM nature. However, all three constitutional judges have a dissenting opinion that uses the original intent method of interpretation in interpreting the authority. Second, there needs to be an expansion of the meaning of structured, systematic, and massive violations, and regarding time limits in PHPU in the Constitutional Court to produce substantive justice.

Problematik Alat Peraga Kampanye: Penanganan Pelanggaran Pemilu dan Dampak Sampah Visual

Mazdan Maftukha Assyayuti, Aulia Rachman Eka Putra, Dandi Dwie Lisadi — Fri, 25 Oct 2024 00:00:00 +0000

Campaign props for the 2024 election are still problematic, one of which is against installations that are not in accordance with the rules. This study aims to analyze: first, handling violations against the installation of campaign props; second, the environmental impact due to the emergence of campaign props waste; and third, the regulation of campaign props in other democracies. Statute approach and comparative approach become methodological in this study. Based on the results of this study, first, the handling of alleged APK installation violations by Bawaslu is only limited to clearly regulated APKs which are then issued recommendations and suggestions for improvement. Secondly, the environmental impact of APK garbage includes various negative aspects that affect not only the cleanliness and beauty of the city, but also the sustainability of the environment more broadly. Third, restrictions are needed on the installation and procurement of APKs so that all election participants have equal fairness over space.

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Wed, 02 Oct 2024 00:00:00 +0000