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All Journal JARES (Journal of Academic Research and Sciences) Mulawarman Law Review Jurnal Supremasi Birokrasi: Jurnal Ilmu Hukum dan Tata Negara Eksekusi: Jurnal Ilmu Hukum dan Administrasi Negara
Anik Iftitah
Fakultas Hukum Universitas Islam Blitar
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Kritis Terhadap Penerapan Presidential Threshold dalam Pemilihan Umum 2024: Perspektif Hukum Normatif di Indonesia Alex Cahyono; Anik Iftitah; Ananda Rizki Hidayatullah; Eko Yuliastuti; Weppy Susetiyo
Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v13i2.3041

Abstract

The minimum requirements for presidential and vice presidential nominations (presidential threshold) in Indonesia ahead of the 2024 General Election (Pemilu) continue to be a source of debate in the context of Constitutional Law. This debate arose due to factors such as allegations that the previous regime which won the election wanted to ensure its position as the determinant of presidential candidates in the next election. Through normative legal research methods, research was produced that this threshold was applied to the 2019 Election through Article 222 of Law Number 7 of 2017 concerning General Elections. This article stipulates that candidate pairs must be proposed by political parties or combinations of political parties participating in the election that succeeded in winning at least 20% of the total seats in the House of Representatives or 25% of the valid national votes in the previous election. This has the potential for the emergence of transactional politics in the formation of political party coalitions that are not based on shared ideology. Empirical facts and experience from the last election show that due to the presidential nomination threshold, the 2019 election produced the same two pairs of candidates as the 2014 election. This indicates that the implementation of the presidential threshold effectively eliminates competitors or potential challengers in the presidential and vice presidential elections, violating the general election principles of honesty and fairness. If this threshold remains, it is likely that the threshold for presidential and vice presidential candidacy will become even higher in the future, strengthening the dominance of transactional politics.
Kesetaraan Gender Dalam Hukum Ketenagakerjaan Anik Iftitah; Nanda Romei Puspitasari; Niken Yulianti; Mukhammad Taufan Perdana Putra; Kunarso Kunarso
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 1 No. 2 (2023): Mei : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v1i2.471

Abstract

In 2019, Indonesia faced several issues related to gender equality in labor law. The latest data from the Central Statistics Agency (BPS) shows that the wage gap between men and women in Indonesia continues. in 2020 women in Indonesia earn a salary of 84.4% of the amount of salary received by men. This research attempts to analyze women's employment law in Indonesia. In this case an analysis of cases of violations of labor rights against women and how they are protected according to the Labor Law. From the enactment of this law in Indonesia, especially before the Amendment to the 1945 Constitution and the promulgation of Law no. 10 of 2004, and its amendment Number 12 of 2011 concerning the types and levels of statutory regulations Article 7 of the Law regulates as follows: the 1945 Constitution of the Republic of Indonesia, TAP MPR, Laws/Perpu, Government Regulations, Presidential Regulations and regional laws and regulations. The stage of ratification of the announcement, dissemination and announcement of the Secretary of State. The purpose of this research is to analyze the level of gender equality, the challenges of achieving equality in Indonesia and the field of employment. The results of this research show that gender inequality persists in Indonesia, but inequality has decreased over time, meaning that opportunities for men and women have become more equal. However, there is still room for improvement in gender equality. There are also several institutional and socio-cultural obstacles, such as the lack of agreement between women workers and employers fighting for gender equality in the workplace, gender equality regulations are still not optimally implemented and workers' awareness of human rights is still low. them, and the low bargaining position of women workers. For this reason, the government needs to improve gender equality by strengthening law enforcement on gender equality in the field of employment to increase cooperation between the central and regional governments to support the employment system. The type of research we use is normative legal research.
Pertanggungjawaban Hukum Anak Dalam Pelaku Tindak Pidana Berat: Pendekatan, Dampak, Dan Implikasi Dalam Sistem Peradilan Anak Anik Iftitah; Eko Yuliastuti; Desy Okta Mawarni; Rila Puspita Wardani
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 2 (2023): Juni : JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i2.592

Abstract

This study discusses the legal responsibility of children against perpetrators of serious crimes. The question of the extent to which children can be held accountable for their criminal acts has been controversial in the juvenile justice system. Some countries apply a strict legal system, where children can be subject to the same sanctions as adults, while other countries adopt a rehabilitation and reintegration approach. The impact of the approach applied to the legal responsibility of children as perpetrators of serious crimes can affect the future of these children. An approach that focuses on rehabilitation and reintegration provides opportunities for children to find recovery and a second chance in society. However, an approach that promotes punishment can potentially harm children and hinder their rehabilitation process. In this context, it is necessary to have a balanced and comprehensive approach in treating children as perpetrators of serious crimes. Protection of children's rights, moral development and an approach that is based on the best interests of the child must be the cornerstone of the juvenile justice system.
Restorative Justice Through Strengthening Community Legal Culture in Indonesia: Challenges and Opportunity Adwi Mulyana Hadi; Anik Iftitah; Syahrul Alamsyah
Jurnal Mulawarman Law Review VOLUME 8 ISSUE 1 JUNE 2023
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v8i1.1140

Abstract

The main objective of this study is to examine how restorative justice can be effectively implemented in Indonesian society by strengthening its legal culture. The research methodology employed in this investigation is normative research, which encompasses a comprehensive review of existing literature and an analysis of pertinent legislation and policies. The prevailing legal culture in Indonesia places significant emphasis on punishment and incarceration as forms of justice, thereby influencing the acceptance and execution of restorative justice practices. Nevertheless, various endeavors have been undertaken to integrate restorative justice into the community's legal culture. These initiatives include establishing supportive legal frameworks, providing training and capacity-building programs, implementing pilot projects and experiments, advocacy campaigns, public awareness campaigns, and community engagement. However, several obstacles and challenges need to be addressed, such as shifting legal paradigms, insufficient knowledge and awareness among the general public, resistance from offenders, and limited resources. To overcome these constraints and challenges, concrete steps are needed, such as increasing public knowledge and awareness, establishing supportive legal frameworks, active community engagement, and resource optimization. By addressing these constraints and challenges, restorative justice can be more integrated with the legal culture of Indonesian society, providing a positive contribution to conflict resolution, restoring social relationships, and improving the justice system in Indonesia.
Co-Authors Abdul Hakam Sholahuddin Adwi Mulyana Hadi Ahmad Rifa’i Alex Cahyono Ananda Rizki Hidayatullah Christina Simanullang Desy Okta Mawarni Eko Yuliastuti Eko Yuliastuti Kunarso Kunarso M. Taufan Perdana M. Taufan Perdana Moh. Alfaris Muhammad Zainul Ichwan Mukhammad Taufan Perdana Putra Nanda Romei Puspitasari Niken Yulianti Rila Puspita Wardani Susetiyo, Weppy Syahrul Alamsyah Tasya Imelda Dievar Uun Dewi Mahmudah Wiryatmo Lukito Totok