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Calon Tunggal Pilkada: Krisis Kepemimpinan dan Ancaman Bagi Demokrasi Rofi Aulia Rahman; Iwan Satriawan; Marchethy Riwani Diaz
Jurnal Konstitusi Vol 19, No 1 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

The single candidate became a political phenomenon in Indonesia. However, the phenomenon rarely happens, consistently increasing the number of single candidates in the local election. This research aims to analyze whether this political phenomenon alerts democracy decadency or a typical circumstance in a democratic state. The method used in this research is doctrinal legal research. The result shows several reasons the single candidate consistently increases from event-to-event sort of an epidemic virus that could spread across the province. Some factors supporting the rise of the single-candidate phenomenon, for instance, the local parliamentary threshold of proposing the candidate, public distrust to the political parties, disfunction of a political party to giving a political education for its members and constituents, and the political parties tend to avoid the political risks of losing (incumbent). Finally, this single candidate phenomenon is a bad alert for democracy development, notably in the local area.

Konstitusionalitas Perbuatan Tidak Menyenangkan Sebagai Tindak Pidana Ujaran Kebencian: Analisis Surat Edaran Kapolri Nomor: Se/6/X/2015 Peter Jeremiah Setiawan; Xavier Nugraha; Vincentius Sutanto; Marchethy Riwani Diaz
Jurnal Ilmiah Penegakan Hukum Vol 8, No 1 (2021): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v8i1.4277

This article aims to analyze the position of unpleasant acts as a form of hate speech (haatzaai articlesen), which in fact the concept of unpleasant acts has been eliminated by the Constitutional Court Decision Number 1 / PUU-XI / 2013, The problem is focused on the constitutionality of wrongdoing. fun as a form of hate speech (haatzaai articlesen). In order to approach this problem, a theoretical reference from the element theory of crime and the theory of constitutionality of norms is used. This research is a normative legal research, so that the data is collected through literature studies, both on primary, secondary and tertiary legal materials. This research was analyzed qualitatively. This study concludes that: (1) With the Constitutional Court Decision Number 1 / PUU-XI / 2013 which is legally binding, then every legal norm in statutory regulations made after the Constitutional Court Decision must comply with the provisions with does not bring back the existence of the phrase "unpleasant actions". (2) Chief of Police Circular Number: SE / 6 / X / 2015 is not a statutory regulation (regeling), but a policy regulation (beleidsregel) which juridically results in the lack of authority to create new norms or restore the existence of norms that have been abolished by the Constitutional Court, so the concept of unpleasant acts in such a Chief of Police Circular is unconstitutional.

Calon Tunggal Pilkada: Krisis Kepemimpinan dan Ancaman Bagi Demokrasi Rofi Aulia Rahman; Iwan Satriawan; Marchethy Riwani Diaz
Jurnal Konstitusi Vol. 19 No. 1 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1913

The single candidate became a political phenomenon in Indonesia. However, the phenomenon rarely happens, consistently increasing the number of single candidates in the local election. This research aims to analyze whether this political phenomenon alerts democracy decadency or a typical circumstance in a democratic state. The method used in this research is doctrinal legal research. The result shows several reasons the single candidate consistently increases from event-to-event sort of an epidemic virus that could spread across the province. Some factors supporting the rise of the single-candidate phenomenon, for instance, the local parliamentary threshold of proposing the candidate, public distrust to the political parties, disfunction of a political party to giving a political education for its members and constituents, and the political parties tend to avoid the political risks of losing (incumbent). Finally, this single candidate phenomenon is a bad alert for democracy development, notably in the local area.

Problematika Pengawasan Tindak Lanjut Putusan Bawaslu dan DKPP dalam Penegakan Hukum Pemilu Rofi Aulia Rahman; Iwan Satriawan; Marchethy Riwani Diaz
Jurnal Konstitusi Vol. 19 No. 4 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1948

Bawaslu is tasked with supervising the implementation of Bawaslu and DKPP decisions which must be followed up by KPU. The contrary of that during general elections in 2019 has created complications in the electoral law enforcement system. The research is focused to determine the legal certainty of follow-up to Bawaslu and DKPP decisions and form and scope of Bawaslu’s supervision of the follow-up. This is a qualitative descriptive analytical research with a normative and empirical juridical approach. The results indicate that in the implementation of Bawaslu and DKPP decisions is no legal certainty. The Constitutional Court have statement that the final and binding of DKPP decision applies to KPU, Bawaslu and President and its implementation is monitored by Bawaslu. The Bawaslu Regulation also does not accommodate in detail the mechanism for monitoring the follow-up, so it is necessary to have the regulation specifically.

Problematika Pengawasan Tindak Lanjut Putusan Bawaslu dan DKPP dalam Penegakan Hukum Pemilu Rofi Aulia Rahman; Iwan Satriawan; Marchethy Riwani Diaz
Jurnal Konstitusi Vol 19, No 4 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

Bawaslu is tasked with supervising the implementation of Bawaslu and DKPP decisions which must be followed up by KPU. The contrary of that during general elections in 2019 has created complications in the electoral law enforcement system. The research is focused to determine the legal certainty of follow-up to Bawaslu and DKPP decisions and form and scope of Bawaslu’s supervision of the follow-up. This is a qualitative descriptive analytical research with a normative and empirical juridical approach. The results indicate that in the implementation of Bawaslu and DKPP decisions is no legal certainty. The Constitutional Court have statement that the final and binding of DKPP decision applies to KPU, Bawaslu and President and its implementation is monitored by Bawaslu. The Bawaslu Regulation also does not accommodate in detail the mechanism for monitoring the follow-up, so it is necessary to have the regulation specifically.

Juridical Implications of Unregistered Marriage Against Legal Protection in the Domestic Violence Law Peter Jeremiah Setiawan; Xavier Nugraha; Desak Ayu Gangga Sitha Dewi; Marchethy Riwani Diaz
Media Iuris Vol. 6 No. 3 (2023): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v6i3.43219

This article aims to analyze the juridical implications of not registering marriages for legal protection for the community, because the existence of the PKDRT Law has not been fully able to guarantee legal protection. The writing method used is juridical-normative using a reform-oriented research typology, namely evaluating applicable rules by providing recommendations on these rules. This study concludes that there is a blurring of legal subjects that can be protected in the PKDRT Law due to differences of opinion regarding the validity of marriage based on the provisions in Article 2 of the Marriage Law. Moreover, there are differences in judges’ views on the validity of a marriage which are not recorded in several decisions of cases of domestic violence causing legal uncertainty. However, there is still an alternative for self-protection for victims of domestic violence whose marriages have not been registered, namely using the articles in the Criminal Code.

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