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Rearranging the Village Head Election Justice System Based on the Electoral Justice System and Restorative Justice Arjuna Al Ichsan Siregar; Fandi Ahmad F; Indra Firmansyah
PERSPEKTIF Vol 11, No 3 (2022): PERSPEKTIF - July
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/perspektif.v11i3.6584

Abstract

The implementation of the Village Head Election (Pemilihan Kepala Desa) still leaves some problems. This study aims to analyze and describe the implementation of honest and fair principles based on indicators of the electoral justice system in the implementation of village head elections in Sleman Regency in particular and Indonesia in general. This study also aims to describe a model of the electoral justice system that can be developed in the upcoming Pemilihan Kepala Desa to resolve law enforcement issues in the Pemilihan Kepala Desa, one of which is through the application of a restorative justice model. This study uses empirical legal research methods with primary and secondary data sources. Primary data sources were obtained from the results of research in the field through an interview process with 20 key informants in the implementation of the Pemilihan Kepala Desa in Sleman Regency in 2021 spread over 9 (nine) villages. The secondary data sources used consist of primary legal materials and secondary legal materials obtained through literature study. The data analysis technique is qualitative data analysis through statutory and conceptual approaches. The results showed that the Pemilihan Kepala Desa in Sleman Regency in particular and Indonesia, in general, had not been held honestly and fairly. It is necessary to reorganize the Pemilihan Kepala Desa rules through an electoral justice system model approach, especially for normative design indicators and performance indicators of the Pemilihan Kepala Desa system. The application of restorative justice can strengthen efforts to enforce the Pemilihan Kepala Desa law in the future.
Rearranging the Village Head Election Justice System Based on the Electoral Justice System and Restorative Justice Arjuna Al Ichsan Siregar; Fandi Ahmad F; Indra Firmansyah
PERSPEKTIF Vol. 11 No. 3 (2022): PERSPEKTIF - July
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/perspektif.v11i3.6584

Abstract

The implementation of the Village Head Election (Pemilihan Kepala Desa) still leaves some problems. This study aims to analyze and describe the implementation of honest and fair principles based on indicators of the electoral justice system in the implementation of village head elections in Sleman Regency in particular and Indonesia in general. This study also aims to describe a model of the electoral justice system that can be developed in the upcoming Pemilihan Kepala Desa to resolve law enforcement issues in the Pemilihan Kepala Desa, one of which is through the application of a restorative justice model. This study uses empirical legal research methods with primary and secondary data sources. Primary data sources were obtained from the results of research in the field through an interview process with 20 key informants in the implementation of the Pemilihan Kepala Desa in Sleman Regency in 2021 spread over 9 (nine) villages. The secondary data sources used consist of primary legal materials and secondary legal materials obtained through literature study. The data analysis technique is qualitative data analysis through statutory and conceptual approaches. The results showed that the Pemilihan Kepala Desa in Sleman Regency in particular and Indonesia, in general, had not been held honestly and fairly. It is necessary to reorganize the Pemilihan Kepala Desa rules through an electoral justice system model approach, especially for normative design indicators and performance indicators of the Pemilihan Kepala Desa system. The application of restorative justice can strengthen efforts to enforce the Pemilihan Kepala Desa law in the future.
Combating Transnational Crimes Trafficking in Women from a Feminist Perspective Legal Theory Indra Firmansyah; Muh. Endriyo Susila; Fandi Ahmad Fahreza
Strata Law Review Vol. 1 No. 1 (2023): March
Publisher : CV. Strata Persada Academia

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

Abstract

The data shows that the transnational crime of trafficking in women is increasing every year. Starting from prostitution, migrant workers to narcotics smuggling carried out by women who are victims of trafficking in women. Various legal efforts have been made by both international institutions and the Indonesian government. One of the obstacles faced is the feminization of poverty where women experience economic difficulties that make them tempted and trapped either intentionally or not, in the vortex of women's trafficking syndicates. In addition, the alignment of the state, which is still strong patriarchal, is still felt to be not in favor of women. This research focuses on the defense of Feminist Legal Theory against women where the law, especially in Indonesia, it has not fully sided with the welfare of women, which makes women avoid the crime of trafficking in women. This normative juridical research shows that the problem of trafficking in women is not only a legal issue, but more than that it is a welfare issue that must be obtained by all citizens, especially women so as to prevent them from transnational crimes of trafficking in women.