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All Journal INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)
Rosalina Indah Sari
Faculty of Law, STIH IBLAM, Jakarta, Indonesia
Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice

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THE ROLE OF THE CONSTITUTIONAL COURT IN RESOLVING ELECTION DISPUTES FROM THE PERSPECTIVE OF JUSTICE Rosalina Indah Sari; Hendri Hidayat; Ratna Sari
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i2.137

Abstract

The authority of the Constitutional Court is regulated in Article 24C(1) of the Constitution. This Court has the authority to adjudicate at the first and final levels, and its decisions are final, with the aim of strengthening the legal system by reinforcing its foundations in the constitution. In this role, the Constitutional Court prevents the existence of laws that are contradictory to the constitution. The Constitutional Court is a judicial institution specifically dealing with constitutional or political justice, which was established after the amendment of the 1945 Constitution of the Republic of Indonesia. Its main purpose is to avoid unilateral decisions in constitutional cases. As the guardian of the constitution, the Judges of the Constitutional Court play an important role in preventing the enactment of laws that violate the constitution. Furthermore, the Constitutional Court also has a role in resolving electoral disputes as a state judicial institution. It decides cases involving disputing parties through judicial processes. The tasks and authorities of the Judges of the Constitutional Court are crucial in assessing electoral disputes. Although this institution receives, examines, and decides criminal cases, the decisions rendered are based on the principles of freedom, honesty, and impartiality in court proceedings, in accordance with the provisions of the law. The Constitutional Court serves as an institution that seeks justice in electoral dispute resolutions. The quality contribution of judges in deciding disputes is vital in achieving justice. Judges must possess professionalism and good morals, as well as legal expertise and a belief in truth. Additionally, the ability to consider the facts of the trial, evidence, witness testimonies, and expert opinions is also an important aspect of assessment. Every decision made by the Judges is based on applicable regulations, thereby strengthening the role of the judicial institution in achieving fair justice. Therefore, high-quality judicial decisions hold the same significance as decisions that reflect justice.
THE ROLE OF THE GOVERNMENT IN PROTECTING THE HUMAN RIGHTS OF CIVILIAN PAPUA IN RELATION TO THE EXISTENCE OF KKB AS TERRORISM IN THE PERSPECTIVE OF JUSTICE Rosalina Indah Sari
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.142

Abstract

The conflict in Papua has significant implications for the national security system. The presence of KKB groups that continue to carry out brutal acts of terrorism, even targeting the Papua community, has compelled the government to make maximum efforts in apprehension. Attacking the KKB group becomes necessary because based on a long history of government from the time of President BJ Habibie (1998-1999) to the Jokowi administration, no peaceful agreement or resolution has been reached with the KKB. Instead, their criminal actions have become more brutal. These actions are taken in accordance with the fourth paragraph of the Preamble of the 1945 Constitution, which states the aspirations and goals of establishing a government, namely to protect the entire Indonesian nation and all of its descendants. Although the Jokowi government has made significant efforts to provide considerable attention to the people of Papua through infrastructure development to achieve the welfare of the Papuan people, the conflict with the KKB is not merely an economic and welfare issue. The presence of the KKB poses a threat to the national security system, thus necessitating law enforcement efforts within it and the protection of the rights of the Papuan people. The classification of the KKB as terrorists is based on their actions. Although some parties, such as the National Commission on Human Rights (Komnas HAM), argue that such labeling may cause unrest in the Papua community, the government's statements regarding this labeling have been criticized. However, the government labels them with the aim of facilitating efforts to eradicate the KKB group in order to protect the people of Papua and the national community as a whole. The government, through law enforcement agencies, is striving to resolve the issues and conflicts in Papua in order to protect human rights, particularly the civilian victims who are considered innocent but have always been victims in the series of conflicts with the KKB.
Co-Authors Hendri Hidayat Ratna Sari