Garuda - Garba Rujukan Digital

Analisis Yuridis Kebolehan Menteri Untuk Tidak Mengundurkan Diri Ketika Mengikuti Pemilu Dan Pilkada Alexander Salim; Tri Susilowati
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 1 (2024): Januari : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i1.1483

Minister is one of the strategic positions in the government and state governance system in Indonesia. So the Constitutional Court Decision Number 85/PUU-XX/2022 which gives space to the Minister not to resign even though he is participating in the General Election or Regional Head Election, is a wrong decision which has been widely criticized by the public. Based on this, this research was carried out in order to analyze the extent of the role of the Constitutional Court in pursuing policy concepts in deciding cases regarding judicial review of the Constitution. This research uses normative legal research, with a conceptual approach, and analyzed using qualitative methods. The results of this research are that the Minister's failure to resign will greatly affect the implementation of state affairs and will cause the people to delegitimize the government which threatens the stability of the state.

Surat Keputusan Bersama (SKB) Sebagai Langkah Penguatan Netralitas ASN Menuju Pemilu 2024 Alikhan Salim; Tri Susilowati
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 1 (2024): Januari : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i1.1485

In 2022, the government through the minister of state apparatus empowerment and bureaucratic reform, the minister of home affairs, the head of the state civil service agency, the chairman of the civil servant commission, and the chairman of the general election supervisory board signed a joint decree (SKB) concerning for the neutrality of civil servants in facing the 2024 elections. Reported by KASN, since December 2019, ASN violated was 528. In June 2020 the violations reached 369, exceeding half of the number in 2019. This research uses qualitative methods where the collection sourced from reviews of journals, books and others. Data analysis is carried out by trianggulation of content in order to produce objective and valid results. The results and analysis of the research are that there are four important factors in the implementation of the joint decree (SKB). First, communication is carried out creatively and innovatively. Second, resources are carried out by fulfilling qualifications and competencies for fosters and supervisors. Third, disposition is carried out by evaluating the effectiveness of sanctions that used. The four bureaucratic structures are made not only in the form of joint decisions, but continued by a work unit in the implementation of the policy.

Implementasi Legitimasi Demokrasi Dalam Hukum Pemilihan Umum (Pemilu) Hendro Hendro; Tri Susilowati
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 1 (2024): Januari : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i1.1487

The concept of a democratic state is implemented in general elections. General elections are a form of people's political participation in a democratic country. The implementation of direct, general, free, secret, honest and fair elections will be a reflection of the quality of democracy. This research aims to analyze the implementation of democratic legitimacy in general election law. This research was conducted using a qualitative descriptive design. An essential factor in maintaining democratic elections is through monitoring and enforcing election law. In such a context, attention needs to be paid to resolving violations appropriately and quickly. The quality of elections is also determined by the widest possible participation of the people in the process of organizing and supervising elections. Law enforcement is an effort to make the ideas of justice, legal certainty and social benefits a reality. Law enforcement is carried out through the process of real functioning of legal norms as guidelines for actors in traffic or legal relations in social and state life.

Problematika Penundaan Pemilihan Umum 2024 Ikbal Tawakal; Tri Susilowati
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 1 (2024): Januari : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i1.1488

In this democratic country, elections are the main aspect to be held continuously. Through this election process, we as citizens can participate directly in the process of sovereignty. The postponement of the election has hampered the participation of the people in carrying out the sovereignty process. The purpose of this study is to find out how the impact caused by the postponement of elections and the extension of the term of office of the president and vice president for the State. This research is normative law research, which is a legal research that examines laws that are conceptualized as norms or rules that apply in society, and become a reference for everyone's behavior. The results of this study clearly state that elections are held every five years and the positions of the president and vice president are only a maximum of two terms of office which are clearly stated in the 1945 Constitution. The impact of postponing elections is unconstitutional which is a form of betrayal of the constitution and abolishes the spirit of reform as outlined in the amendments to the 1945 Constitution.

General Election Commission Policy In The Recruitment Process Of Voting Organizing Groups In The 2024 Election Agus Joko Lelono; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1490

Elections are clear evidence of a form of democratic system in which the people are involved in determining the direction of the country's political policies for the next five years. Elections are held directly in addition to improving the implementation of the democratic system in the political process. The 2019 election left behind many problems, especially in the case of many KPPS (Polling Organizing Group) officers as election organizers at the TPS level who died. According to a release from the Ministry of Health, as of May 15 2019, 527 2019 election officials had died and 11,239 people were sick. This research aims to analyze the policies implemented by the KPU in the KPPS recruitment process in the 2024 elections. The method used is descriptive analysis with a qualitative approach. The research results show that the KPU as the main election organizing institution which supervises ad hoc officers has made policies based on the principle of clear benefits. The policy formulation process has gone through various processes. From creating issues, advocating issues, to lobbying other policy makers. The KPU's policy in KPPS recruitment has been made in such a way as to accommodate the interests of KPPS as a lower level election organizer. In the policy formation process, the KPU asks for suggestions and recommendations from various parties. Various anticipations have been outlined in the policies produced by the KPU. The author is confident that looking at the pattern of policy formulation used, the KPU will produce policies that are right on target to realize elections with integrity.

Constructive Analysis Of The Existence Of Constitutional Court Decisions In The National Legal System Gilang Indra Friyana Rahmat; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1493

Protection of citizens' human rights is one aspect that is highly emphasized in the construction of a democratic rule of law and is one of the reasons for the institutionalization of the Constitutional Court. As one of the aspects that is an essential form of the rule of law, the protection of human rights is a very interesting study to analyze, especially in aspects of the implementation of the 2024 General Election. This research uses normative legal research methods with a case approach and qualitative analysis methods. The results of this research are about the importance of protecting citizens' human rights, especially in the context of elections as a means of achieving national democracy. Meanwhile, the advice given in this research is that the law must provide wide space for the institutionalization of Constitutional Court decisions and as a form of confirmation that the Constitutional Court's decisions are binding on the entire community and become a form of public policy that begins with reviewing laws against laws. Constitution of the Republic of Indonesia.

Pemberlakuan Whistle Blowing System Dalam Penegakan Hukum Pemilu Dan Penanganan Pelanggaran Kode Etik Penyelenggara Pemilu Rene Zakharia Pongsiluang; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1497

Incidents of violations of the code of ethics are very common, but it is possible that there are also many cases where no complaints are filed due to the reluctance of election participants to make complaints because the process is litigious or they don't want to be bothered with legal matters. Or maybe because election organizers have developed a spirit of solidarity with the election organizer corps. This article was written with the aim of analyzing the implementation of the whistle blowing system in enforcing election law and handling violations of the code of ethics for election organizers. This research is a type of normative juridical research. The realization of the idea of a Whistle Blowing System Mechanism in Handling Violations of the Code of Ethics for Election Organizers can be carried out if the legal basis for enforcing the code of ethics that is currently in effect is the law on election organizers and the Regulation of the Honorary Council for Election Organizers of the Republic of Indonesia number 1 of 2013 concerning procedural guidelines for organizers' code of ethics. the general election was changed by including the three aspects above. Therefore, the DPR and the President should revise the election organizer law and the DKPP should revise the Regulation of the Honorary Council for General Election Organizers of the Republic of Indonesia number 1 of 2013 concerning procedural guidelines for the code of ethics for general election organizers.

Analisis Kebijakan Presidential Threshold Dalam Pemilihan Umum 2024 Rio Putra Simanjuntak; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1499

General election is the biggest contestation on a national scale which is held every five years. Several facts were found that special election regulations were considered unfair. One of these is the regulation regarding the presidential nomination threshold. The constitution states that political parties can nominate president or vice president when they get 20% of the DPR position or 25% of the national vote. This regulation is considered irrelevant if implemented in the context of simultaneous elections, because the reference for votes is the election that was held four years ago. Practitioners have proposed the Presidential Threshold several times to perform a judicial review to the Constitutional Court. But the Constitutional Court did not accept the request. The Constitutional Court considers the Presidential Threshold as one means to improve the existing presidential system in Indonesia.

Analisis Kesetaraan Gender Dalam Konteks Pemilihan Umum Robertus Wardhana Utama; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1500

When issues regarding a democratic constitution and respect for human rights and citizens' rights are specifically conditioned from the perspective of gender equality, they must be observed through the principle of balanced justice between men and women. Talking about gender equality certainly cannot be separated from the equal rights and responsibilities of women, which in their development are starting to be aligned with the rights of men in various areas of life. This research aims to analyze gender equality in the context of general elections. The method used by researchers to conduct this research is the literature review method. The results of the analysis explain that gender justice leads women and men towards equality where equal conditions and status to obtain opportunities and enjoy their rights as human beings so that they are able to play a role and participate in development, politics, economics, social, culture, education, defense and security in enjoying the results of this development. Election laws and political parties open up opportunities for women to be equal to men through this 30% quota. Women's struggle to increase women's representation in the legislature through affirmative action can be done by involving women more actively in political parties. Empowering women in political parties is the first step to encourage equality and justice to be achieved between men and women in the public world in the not too distant future.

Netralitas Aparatur Sipil Negara (ASN) Dalam Kebijakan Publik Dan Pemilihan Umum TB. Soenmandjaja SD; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1501

The neutrality of ASN has always been an issue and news that has received a lot of public attention, especially during the lead up to, implementation and end of elections, both presidential, legislative and regional head elections. The fact of violations of ASN neutrality cannot be denied from several cases that have occurred, such as involvement in campaign activities, using state facilities related to office duties, making decisions or actions that favor their constituents, holding activities that lead to bias towards candidate pairs participating in the General Election (PEMILU), and so forth. This research aims to examine the neutrality of state civil servants in public policy and general elections. This research uses normative research methods. The State Civil Service Commission explains that neutrality is a very important principle to be implemented in efforts to create a professional ASN, so this concept is related to 4 things, including: political activities, public service delivery, policy making, and ASN management. Regulations regarding ASN are regulated in Article 2 letter f, Article 5 paragraph (2) letter h, Article 9 paragraph (2) Law no. 5 of 2014 concerning State Civil Apparatus, "ASN employees must be free from the influence and intervention of all groups and political parties.

Title

Found 13 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 13 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 13 Documents
Search