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All Journal PERSEPTIF: Jurnal Ilmu Sosial dan Humaniora
Rizky Perdana Bayu Putra
Program Studi Ilmu Hukum, Universitas Kristen Cipta Wacana, Malang, Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Formulasi Constitutional Ethics sebagai Instrumen Pengawasan Imparsialitas Eksekutif dalam Tahapan Pemilu Muhamad Irwan; Rizky Perdana Bayu Putra
PERSEPTIF: Jurnal Ilmu Sosial dan Humaniora Vol. 4 No. 3 (2026): PERSEPTIF: Jurnal Ilmu Sosial dan Humaniora
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/perseptif.v4i3.562

Abstract

This study examines the urgency of formulating constitutional ethics as a legal instrument to oversee the impartiality of the executive branch during the electoral process in Indonesia. Executive dominance has the potential to lead to abuse of power, the politicization of the bureaucracy, and the use of state resources for electoral purposes, while election regulations still focus on administrative and criminal violations. This study employs a normative legal methodology using legislative, conceptual, and comparative approaches. The findings indicate that constitutional ethics plays a strategic role as a bridge between legality and morality in state governance. The formalization of constitutional ethics is necessary to establish standards of conduct for public officials, strengthen ethical accountability, and safeguard executive neutrality and democratic integrity in the conduct of elections.
Pembatasan Kekuasaan Presiden di Akhir Masa Jabatan dalam Undang-Undang Pemilu sebagai Upaya Mencegah Keberpihakan: Studi Empiris Persepsi Pengacara di Malang Muhamad Irwan; Rizky Perdana Bayu Putra; Abd Ghofar; Nina Lestari
PERSEPTIF: Jurnal Ilmu Sosial dan Humaniora Vol. 4 No. 4 (2026): PERSEPTIF: Jurnal Ilmu Sosial dan Humaniora
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Kalibra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70716/perseptif.v4i4.839

Abstract

Limiting power is a fundamental principle in a constitutional democracy, aimed at preventing excessive concentration of power. In the context of general elections, the issue of presidential neutrality at the end of his term is a crucial concern because his remaining authority has the potential to influence electoral competition. This study aims to analyze the urgency of limiting presidential power at the end of his term from an election law perspective and to examine lawyers' perceptions in Malang City regarding the effectiveness of such limitations as a preventative measure. This study uses an empirical legal research method with a socio-legal approach. Primary data were obtained through interviews with lawyers in Malang City, while secondary data were obtained through studies of laws and regulations, court decisions, books, and scientific articles. The results indicate that regulations regarding the limitation of presidential authority at the end of his term still leave room for normative gaps that could potentially lead to conflicts of interest in the electoral process. The lawyers' perceptions highlight the need for regulatory strengthening to ensure neutrality, maintain electoral fairness, and prevent abuse of executive power.
Co-Authors Abd Ghofar Muhamad Irwan Nina Lestari