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All Journal Veritas et Justitia Jurnal Hukum Novelty Jurnal Hukum IUS QUIA IUSTUM AMANNA GAPPA Sriwijaya Law Review Lex Renaissance Undang: Jurnal Hukum Jurnal de jure PROGRESIF: Jurnal Hukum Mendapo: Journal of Administrative Law Justisi : Jurnal Ilmu Hukum RIO LAW JURNAL DATIN LAW JURNAL Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Jurnal Karya Abdi Masyarakat
Harry Setya Nugraha
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Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Jurnal Hukum IUS QUIA IUSTUM

 1 
Pemberian Legal Standing kepada Perseorangan atau Kelompok Masyarakat dalam Usul Pembubaran Partai Politik Allan Fatchan Gani Wardhana; Harry Setyanugraha
Jurnal Hukum IUS QUIA IUSTUM Vol. 20 No. 4: Oktober 2013
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol20.iss4.art2

Abstract

Political party and corruption in Indonesia can be allegorized as two sides of a coin, both of which relate closely to each other. Law No. 2 of 2008 in conjunction with Law No. 2 of 2011 on Political Party mentions one of the reasons of the political party dismissal, namely conducting an activity which violates the regulations of law. The proposition to dismiss a political party comes only from the Government. This fact closes the opportunity of other parties like individual or community group to propose a political party dismissal. The problems studied in this research are: First, the reason why an individual or a community group should be given the legal standing in the proposition of the political party dismissal. Second, the relevance of the legal standing provision to an individual or a community group in the proposition of the political party dismissal. Third, what attempt that can be conducted to provide the legal standing for an individual or a community group in the proposition of the political party dismissal. The method used in this research is normative juridical method employing law material approach. The result of the research concludes that: First, the urgency to provide the legal standing for an individual or a community group in the proposition of the political party dismissal to interpret the implementation of the people sovereignty in the law state principle. Second, by the provision of legal standing for an individual or a community group, the citizen monitoring toward the political parties will be more effective. Third, the attempt that can be conducted to provide legal standing for an individual or a community group in the provision of the political party dismissal is by revising the Constitutional Court Law.
Redesain Kewenangan Mahkamah Konstitusi dalam Penyelesaian Sengketa Perselisihan Hasil Pemilihan Umum Presiden dan Wakil Presiden di Indonesia Harry Setya Nugraha
Jurnal Hukum IUS QUIA IUSTUM Vol. 22 No. 3: Juli 2015
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol22.iss3.art5

Abstract

The implementation of Presidential election in Indonesia cannot be regarded as democratic since the designof dispute settlement of the Presidential Election by the Constitutional Court is not planned ideally. Thus, this study examines some research problems underlying the issue: first, what is the urgency of redesigning the authority of the Constitutional Court in resolving disputes of Presidential Election in Indonesia? and second, how is the ideal concept of dispute settlement in order to achieve a democratic election? The method used in this research is normative juridical of legislation approach and concept approach. The result of the study revealed that: first, it is highly urgent to redesign the authority of the Constitutional Court in the dispute settlement of PHPU of President and Vice President in Indonesia to democratize the election as well to find alternative solutions to the elections that could provide legal certainty, fairness and expediency. Second, redesigning the authority of the Court in resolving disputes of the Presidential PHPU includes the expansion of the definition of disputed election results; designing the benchmark of structured systematic and massive electoral violations; and redesigning the time given by the Court in resolving electoral disputes.
Urgensi Perluasan Permohonan Pembubaran Partai Politik di Indonesia Sri Hastuti Puspitasari; Zayanti Mandasari; Harry Setya Nugraha
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 4: OKTOBER 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885//iustum.vol23.iss4.art2

Abstract

This research is to analyze the issues of: first, the urgency of extension of petition of the dispersion of political party in Indonesia. Second, it is related to ius constituendum of the procedure of petition of dispersion in Indonesia. The research method used was the juridical normative method using the philosophical approach, regulation approach, and sociological approach. The result of the research concluded that first: the urgency of the extension of the petition for the dispersion of political party breaking the General Election both in terms of the reason of its petition and the parties involved as the petitioner is in order to create a democratic general election in Indonesia. Second, the procedure of the court session of political party dispersion for doing the violation in general election through 5 phases of court session: 1) examining the introduction to examining the administrative completeness of the petitioner. 2) the further court to listen the petitum of the petitioner; 3), The further court session is to listen the explanation of the one reported; 4) the court of evidence including the document evidence, fact evidence and listen to the witnesses of the experts and other related parties and 5) it is about the court of reading the decision.
Co-Authors Alfian Alfian Allan Fatchan Gani Wardhana, Allan Fatchan Gani Andri Yanto Despan Heryansyah Dimar Simarmata Fauzi Syam Haris Retno Susmiyati Helmi Helmi Imentari Siin Sembiring Johni Najwan M. Zulva Aulia Rahmawati Al Hidayah Retno Kusniati Sahuri Lasmadi Sri Hastuti Puspitasari Wiwik Harjanti Zayanti Mandasari