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All Journal JURNAL MEDIA HUKUM DAN PERADILAN Akrab Juara : Jurnal Ilmu-ilmu Sosial
Setyadji, Sri
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Humanities Biochemistry, Genetics & Molecular Biology Chemistry Medicine & Pharmacology

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PENYELESAIAN SENGKETA PROSES PEMILIHAN UMUM DI INDONESIA Hasun, Maulana; Kunaifi, Aang; Setyadji, Sri; Hufron, Hufron
JURNAL MEDIA HUKUM DAN PERADILAN Vol 6 No 1 (2020): May 2020
Publisher : Program Pascasarjana Universitas Sunan Giri Surabaya

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Abstract

One of the main pillars of democratic governance is the implementation of general elections (Elections), the Election Organization involves at least 3 (three) important actors who interact with each other, namely Election Contestants, Election organizers and citizens who hold the right to vote (Voters). In its interactive relationship in the stages of the Election process, there can be a hormonal relationship or a conflict relationship. The enactment of Law number 7 of 2017 concerning General Elections as the basis for holding simultaneous Elections in 2019. Giving authority to Bawaslu, Provincial Bawaslu and Regency / City Bawaslu in resolving disputes in the Election process, due to the issuance of KPU, provincial KPU or regency / city KPU decisions. The Bawaslu Decision is final and binding except relating to 3 (three) matters, namely verification of the Election Contesting political parties, determination of the permanent candidate list for DPR, DPD, provincial and regency / city DPRD candidates and Candidate Pairs. The Election Supervisory Body's decision in resolving election disputes is almost the same as other judicial institutions, this is seen from the character of the Election Supervisory Body's final and binding decision, the substance of the decision is almost the same as the judiciary and procedural aspects of the electoral process dispute through the trial mechanism. Seeing the legal construction of judicial authority, Bawaslu is not a judicial body, because it does not belong to the judiciary under the Supreme Court, the Constitutional Court and is not included in the special court. The authority of the PTUN in dispute over the election process can only be done, if administrative efforts to Bawaslu have been made and the decision is final and binding and no other legal efforts can be made. However, the Election Law does not mention sanctions for those who do not follow up on PTUN decisions, this can be seen in the case of Oesman Sapta Odang, the KPU finally chose to follow the Court's Decision more.
MATERI MUATAN MENAMPUNG KONDISI KHUSUS DAERAH DALAM PASAL 14 UNDANG-UNDANG NOMOR 12 TAHUN 2011 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Azas, Ismail; Hufron, Hufron; Setyadji, Sri
Jurnal Akrab Juara Vol 4 No 3 (2019)
Publisher : Yayasan Akrab Pekanbaru

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Abstract

The authority for the formation of Regional Regulations is regulated in Article 18 paragraph (6) of the 1945 Constitution of the Republic of Indonesia. The phrase content material accommodates the special conditions of regions for one of the material charges in Regional Regulations regulated in Article 14 of Law Number 12 of 2011 concerning Formation of Regulations Legislation. The philosophy of Article 18A paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the phrase regional specificity and diversity. Legal issues in this normative legal research: What is meant by the phrase material content accommodating the special conditions of the region in the Perda as referred to in Article 14 of Law Number 12 of 2011? Does the urgency of the charge material accommodate the special conditions of the area? The content material phrase in the article by article explanation of Law Number 12 of 2011 is declared "Sufficiently clear". These legal uncertainties are examined by identifying the rule of law. The phrase is an unclear, vague or vague norm that needs to be found the answer to the problem by using interpretation. The philosophical and sociological foundation of the formation of Minister of Domestic Affairs Regulation Number 80 of 2015 based on the phrase local content material in Article 236 paragraph (4) of Law Number 23 of 2014. Article 4 paragraph (3) of the Minister of Domestic Affairs Regulation Number 80 of 2015 regulates the phrase containing Local content material as conceptually as a phrase to accommodate the special conditions of the area regulated in Article 14 of Law Number 12 of 2011 is content material that accommodates local wisdom in an area that is born, grows and develops in society.
PENYELESAIAN SENGKETA PROSES PEMILIHAN UMUM DI INDONESIA Hasun, Maulana; Kunaifi, Aang; Setyadji, Sri; Hufron, Hufron
JURNAL MEDIA HUKUM DAN PERADILAN Vol. 6 No. 1 (2020): May 2020
Publisher : JURNAL MEDIA HUKUM DAN PERADILAN

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

One of the main pillars of democratic governance is the implementation of general elections (Elections), the Election Organization involves at least 3 (three) important actors who interact with each other, namely Election Contestants, Election organizers and citizens who hold the right to vote (Voters). In its interactive relationship in the stages of the Election process, there can be a hormonal relationship or a conflict relationship. The enactment of Law number 7 of 2017 concerning General Elections as the basis for holding simultaneous Elections in 2019. Giving authority to Bawaslu, Provincial Bawaslu and Regency / City Bawaslu in resolving disputes in the Election process, due to the issuance of KPU, provincial KPU or regency / city KPU decisions. The Bawaslu Decision is final and binding except relating to 3 (three) matters, namely verification of the Election Contesting political parties, determination of the permanent candidate list for DPR, DPD, provincial and regency / city DPRD candidates and Candidate Pairs. The Election Supervisory Body's decision in resolving election disputes is almost the same as other judicial institutions, this is seen from the character of the Election Supervisory Body's final and binding decision, the substance of the decision is almost the same as the judiciary and procedural aspects of the electoral process dispute through the trial mechanism. Seeing the legal construction of judicial authority, Bawaslu is not a judicial body, because it does not belong to the judiciary under the Supreme Court, the Constitutional Court and is not included in the special court. The authority of the PTUN in dispute over the election process can only be done, if administrative efforts to Bawaslu have been made and the decision is final and binding and no other legal efforts can be made. However, the Election Law does not mention sanctions for those who do not follow up on PTUN decisions, this can be seen in the case of Oesman Sapta Odang, the KPU finally chose to follow the Court's Decision more.
Co-Authors Aang Kunaifi Azas, Ismail Darmawan, Aref Hasun, Maulana Hufron Hufron Hufron Hufron, Hufron Sarah Bambang