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The Political Cartel of Presidential Candidacy through Threshold Brings Up a Single Candidate Muhammad Saad; Dian Fitri Sabrina; Sukardi Sukardi
Media Iuris Vol. 5 No. 1 (2022): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v5i1.32040

AbstractThe practice of presidential nomination by using a threshold through political parties or coalitions of political parties in Indonesia is still carried out because Indonesia adheres to a multi-party system. However, the regulation regarding the threshold for presidential nomination is prone to political transactions between parties. The reason is that there is no equality of access to presidential nominations between new political parties and old political parties considering that political parties are a defining element of representative democracy (Political parties are a defining element of representative democracy), this practice threatens the rights of minority political parties and limits the emergence of presidential candidates. The threshold in the nomination of President based on the decision of the Constitutional Court of the Republic of Indonesia Number 74/PUU/XVII/2020 regarding the review of Law Number 7 of 2017 concerning Elections is referred to as an open legal policy which is the authority of the House of Representatives in forming the Law on Elections. This study aims to evaluate the application of the threshold in the nomination of President with the principle of justice. This research is a doctrinal research using a case approach and a law approach. This study was conducted by looking at the development of the application of thresholds in elections and the provisions stipulated in the Election Law. The results of the study indicate that it is necessary to establish an ideal implementation model based on the principle of justice in order to guarantee the rights of minority political parties and avoid the emergence of a single presidential candidate.Keywords: Political Cartel; President Threshold; Single Candidate.

Legal Status of Village Regulations in the Unitary State of the Republic of Indonesia Dodi Jaya Wardana; Sukardi Sukardi; Radian Salman
INNOVATION RESEARCH JOURNAL Vol 2 No 2 (2021)
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/innovation.v2i2.3039

Village regulations are shown as a basic device for the legitimacy of village government administrators in running the village government, in other words, village regulations are prepared as a reference in implementing government and development in the village. The purpose of this studywas to determine the legal status of village regulations in Indonesian legislation. In addition to knowing democratization in running village government. The research method used is a normative legal research method that examines laws and related literature. The results of the study indicate that that the legal status of village regulations in the statutory system is still recognized and the position of Village Regulations as a village legal product has a very strong juridical footing with the enactment of Law Number 6 of 2014 concerning Villages. Although Village Regulations no longer appear in the hierarchy of laws and regulations after the birth or enactment of Law Number 12 of 2011 concerning the Establishment of Legislations, their existence is strictly regulated and the position of Village Regulations is getting stronger because they have been used as a juridical basis for village regulations. With the issuance of Law Number 6 of 2014 concerning Villages.

PENDELEGASIAN PENGATURAN OLEH UNDANG-UNDANG KEPADA PERATURAN YANG LEBIH RENDAH DAN AKIBAT HUKUMNYA Sukardi Sukardi; Ekawestri Prajwalita Widiati
Yuridika Vol. 25 No. 2 (2010): Volume 25 Nomor 2 Mei 2010
Publisher : Universitas Airlangga

Act is an essential instrument in the rule of law. As the basic for governmental regulation, the accuracy and legality of its drafting process should be placed as the main concern. This article examines such models of delegated legislation. In severe legislation product, some problems regarding the mistaken in the delegation process was still founded. This article recommends the importancy of limiting substance for each level of regulation to avoid redundancy. Regulation synchronization is needed in order to avoid inefficiency and reach the maximum aim of what the regulations is made for.

PENDELEGASIAN PENGATURAN OLEH UNDANG-UNDANG KEPADA PERATURAN YANG LEBIH RENDAH DAN AKIBAT HUKUMNYA Sukardi Sukardi; E. Prajwalita Widiati
Yuridika Vol. 27 No. 2 (2012): Volume 27 No 2 Mei 2012
Publisher : Universitas Airlangga

Act is an essential instrument in the rule of law. As the basic for governmental regulation, the accuracy and legality of its drafting process should be placed as the main concern. This article examines such models of delegated legislation. In severe legislation product, some problems regarding the mistaken in the delegation process was still founded. This article recommends the importancy of limiting substance for each level of regulation to avoid redundancy. Regulation synchronization is needed in order to avoid inefficiency and reach the maximum aim of what the regulations made for.

KEKOSONGAN HUKUM JASA USAHA KEPELABUHAN AKIBAT PEMBATASAN OBYEK RETRIBUSI DAERAH Sukardi ,; Dri Utari Christina Rahmawati
Yuridika Vol. 29 No. 1 (2014): Volume 29 No 1 Januari 2014
Publisher : Universitas Airlangga

Local autonomy based on the Act No. 22 Year 1999 about Local Autonomy (amended by the Act No. 32 Year 2004 about Local Governance) has delivered broad autonomy to local governance to add its local revenue through cllection, local tax and local retribution. The impementation of local autonomy should be in the line with the unitary state of Indnesia as attached in the Constitution 1945 and other supporting rules in legislation. The formation of Local Procedures by Local Governance should not only partially benefit local governance but also they need pay attention to their functions in public services. Retribution withdrawal by Gresik Regency towards 8 ports for own interests should be based on the hierarchy of the regulations. It means that in the art of the Local Rules should not be contrary to the higher rules.Keywords: local autonomy, retriution, local rules, public service.

JUDICIAL ACTIVISM OR SELF-RESTRAINT : SOME INSIGHT INTO THE INDONESIAN CONSTITUTIONAL COURT Radian Salman; Sukardi Sukardi; Mohammad Syaiful Aris
Yuridika Vol. 33 No. 1 (2018): Volume 33 No 1 January 2018
Publisher : Universitas Airlangga

The Constitutional Court of Republic of Indonesia is centralized judicial review institution which implements a posteriori and abstract control. Constitutional court decision often politically sensitive and involve important issues. On the one hand handing down strong decisions that uphold important constitutional principles can bring great benefits to citizens and can strengthen support for democracy but on the other hand, strong role of the court in judicial review tends to encroach increasingly on the territory of the law making institution. This article examines the decision of constitutional court in the framework of a tension between constitutionalism and democracy, especially from theoretical or conceptual approach. As result of examining its decisions, Indonesian Constitutional Court may reflect two characters; judicial activism as characterized by acting as law-maker and using policy in judicial decisions and/ or judicial self-restraint. Recent Indonesian experience shows that judicial review of legislation is not a simply of judicial control over law-making institution, as it brings tension in the context of power relations in the scheme of separation of power. Relationship between the court and legislature, in respective of judicial review, will culminate in the philosophy of the judiciary. However, as constitutionalism and democracy are virtue, decisions of the Constitutional Court in judicial review should create mode of self-limitation within the framework of the principle of separation of powers.

Ratio Legis on the Right to Language in the Education System in Timor Leste Antonino Pedro Marsal; Sukardi Sukardi
Yuridika Vol. 36 No. 3 (2021): Volume 36 No 3 September 2021
Publisher : Universitas Airlangga

East Timor obtained its independence through a referendum conducted by the United Nations (UN). The Constitution of the Democratic Republic of Timor Leste (RDTL) was officially enacted on 20 May 2002. The language clause in Article 13 of the Constitution states that the official languages of East Timor are Tetun and Portuguese. Based on this, the government of East Timor put a policy in place, obligating all levels of the educational system to use only Portuguese in their activities. This policy, however, has faced fierce rejection, especially from private educational institutions, because of its inconsistency with the new reality According to data from the UN, less than 5 per cent of the Timorese population speak Portuguese. In this research, two legal issues emerged. The first is about language as a constitutional right of citizens. The second relates to the use of the Portuguese language in the education system in East Timor and its relation to human rights. To analyse the legal problems, this research utilises qualitative and legal methods. It can be successfully proven that, in the implementation of the language clause in East Timor, the government policy does not consider the legal principle of proportional justice and discriminates against Timorese people who use Tetun and other national languages, which should be encouraged by the nation. The conclusion is that the use of the Portuguese language violates constitutional rights and impedes the quality of education.

Public Participation in the Law-Making Process in Indonesia Dodi Jaya Wardana; Sukardi Sukardi; Radian Salman
Jurnal Media Hukum Volume 30, Number 1, June 2023
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v30i1.14813

Participation from the general public is an essential component that must be taken into account during the legislative process. It is essential to the operation of laws in a country and includes the participation of society in the legislative process. This is particularly important in terms of the rule of law, the hierarchy of legal norms, and the operation of the law in its entirety. The purpose of this research is to evaluate the significance of public participation in the legislative process in Indonesia as well as the potential repercussions of excluding this procedure from the legislative process. For the purpose of carrying out this research, normative legal research that takes both a statutory and conceptual strategy was utilized. According to the findings, public participation offers a variety of possibilities for involvement, in accordance with the requirements of Article 96 of Law Number 11 of 2012 on the Formation of Regulations (UU P3). Due to this, the importance of public participation cannot be overstated, despite the restricted channels through which members of the public can communicate their thoughts and goals.

Legal protection of street children as a result of economic exploitation based on the child rights convention 1989 Vallencia Paramitha; Sukardi Sukardi
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol 9, No 2 (2023): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020222108

Child protection is all activities to guarantee and protect children and their rights so that they can live, grow and develop, and participate optimally, in accordance with human dignity and protection from violence and discrimination. The purpose of this paper is to find out the synchronization between Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and the 1989 Convention on the Rights of the Child . The result of this writing is Presidential Decree No. 36/1990 on Ratification of the Convention on the Rights of the Child, not in accordance with Law No. 24/2000 on International Covenants. In this case, the 1989 Convention on the Rights of the Child concerning the Rights of the Child, where the object of the Convention is a "child" which should be an important part of state affairs and ratified in the form of a law.

Legal protection of street children as a result of economic exploitation based on the child rights convention 1989 Vallencia Paramitha; Sukardi Sukardi
JPPI (Jurnal Penelitian Pendidikan Indonesia) Vol 9, No 2 (2023): JPPI (Jurnal Penelitian Pendidikan Indonesia)
Publisher : Indonesian Institute for Counseling, Education and Theraphy (IICET)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29210/020222108

Child protection is all activities to guarantee and protect children and their rights so that they can live, grow and develop, and participate optimally, in accordance with human dignity and protection from violence and discrimination. The purpose of this paper is to find out the synchronization between Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection and the 1989 Convention on the Rights of the Child . The result of this writing is Presidential Decree No. 36/1990 on Ratification of the Convention on the Rights of the Child, not in accordance with Law No. 24/2000 on International Covenants. In this case, the 1989 Convention on the Rights of the Child concerning the Rights of the Child, where the object of the Convention is a "child" which should be an important part of state affairs and ratified in the form of a law.

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