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Implikasi Hukum Pemisahan Pemilu Nasional dan Pilkada dalam Sistem Ketatanegaraan Indonesia Pasca Putusan Mahkamah Konstitusi Nomor 135/PUU-XXII/2024 Rana Syndri Dynanti; Punta Yoga Astoni
Decisio: Jurnal Ilmiah Hukum Vol 3 No 2 (2026): DECISIO
Publisher : LPPM Iblam School of Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/decisio.v3i2.55

Abstract

Constitutional Court Decision Number 135/PUU-XXII/2024 transformed the constitutional design by separating National and Local Elections to prevent systemic dysfunctions observed in previous simultaneous cycles. While this separation aims to enhance meaningful voting and local checks and balances, the recommended gap of two to two-and-a-half years introduces new sociopolitical risks. This study analyzes the implications of such separation based on the principles of democracy, government effectiveness, and legal certainty through normative legal research. The analysis reveals that the proposed timeframe is sub-ideal as it disrupts the proportionality of local elite circulation and triggers bureaucratic fragmentation due to the prolonged appointment of acting regional heads. Furthermore, the open legal policy regarding election scheduling remains vulnerable to partisan interests if not properly regulated. Therefore, this study recommends limiting the election gap to a maximum of one year to ensure stability in leadership transitions. Legal certainty must be strengthened by enacting regulations well in advance of the election year and ensuring fulfillment of meaningful participation standards. Such measures are crucial to guarantee that the open legal policy remains grounded in the substance of popular sovereignty and aligns with national development agendas.
Telaah Yuridis Efektivitas Peran Dewan Perwakilan Daerah (DPD) dalam Menjalankan Kekuasaan Legislatif di Indonesia Yoseph F Dato Namang; Punta Yoga Astoni
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.168

Abstract

Indonesia's post-1998 constitutional reform established the Regional Representative Council (DPD) to channel territorial representation, but its constitutional functions remain different from the House of Representatives' power to enact laws. This normative juridical study analyses the DPD's legislative, advisory, and supervisory functions and evaluates their normative effectiveness. The study applies statutory, conceptual, and case approaches to the 1945 Constitution, Law Number 17 of 2014 on the MPR, DPR, DPD, and DPRD as amended, particularly Articles 248, 249, and 276-284, Constitutional Court Decisions Number 92/PUU-X/2012 and 79/PUU-XII/2014, and relevant legal scholarship. Effectiveness is assessed through access to legislative agenda setting, participation in first-level deliberations, authority in final approval, formal procedures for submitting considerations, and mechanisms for following up supervisory results. The analysis shows that the Constitutional Court strengthened the DPD's procedural position in proposing bills, participating in the National Legislation Program, and deliberating region-related bills at the first level. Nevertheless, the DPD does not participate in final approval, while its considerations and supervisory reports are submitted to the DPR without a binding adoption or written-response mechanism. Accordingly, the DPD produces constitutionally recognized institutional outputs, but its decisional influence remains limited. Indonesia therefore operates a soft bicameral arrangement in which regional representation is present, although its influence on final state decisions is not equivalent to that of the DPR.Indonesia's post-1998 constitutional reform established the Regional Representative Council (DPD) to channel territorial representation, but its constitutional functions remain different from the House of Representatives' power to enact laws. This normative juridical study analyses the DPD's legislative, advisory, and supervisory functions and evaluates their normative effectiveness. The study applies statutory, conceptual, and case approaches to the 1945 Constitution, Law Number 17 of 2014 on the MPR, DPR, DPD, and DPRD as amended, particularly Articles 248, 249, and 276-284, Constitutional Court Decisions Number 92/PUU-X/2012 and 79/PUU-XII/2014, and relevant legal scholarship. Effectiveness is assessed through access to legislative agenda setting, participation in first-level deliberations, authority in final approval, formal procedures for submitting considerations, and mechanisms for following up supervisory results. The analysis shows that the Constitutional Court strengthened the DPD's procedural position in proposing bills, participating in the National Legislation Program, and deliberating region-related bills at the first level. Nevertheless, the DPD does not participate in final approval, while its considerations and supervisory reports are submitted to the DPR without a binding adoption or written-response mechanism. Accordingly, the DPD produces constitutionally recognized institutional outputs, but its decisional influence remains limited. Indonesia therefore operates a soft bicameral arrangement in which regional representation is present, although its influence on final state decisions is not equivalent to that of the DPR.
Analisis Yuridis Putusan Mahkamah Agung Nomor 26 P/HUM/2021 atas gugatan Perubahan Status Pegawai KPK Menjadi Aparatur Sipil Negara sebagaimana dalam Peraturan Komisi Nomor 1 Tahun 2021 Naura Tristania; Punta Yoga Astoni
HUMANIORUM Vol 4 No 3 (2026): Jurnal Humaniorum
Publisher : PT Elaborium Elevasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/hmr.v4i3.183

Abstract

This research analyzes the legal implications of changing the status of KPK employes to State Civil Servants (ASN) based on Perkom No. 1 of 2021, as a follow-up to the revision of the KPK Law thru the determination of TWK as the basic foundation for determining the status of KPK employes, especially in relation to Supreme Court Decision No. 26 P/HUM/2021. This research examines the potential impact of these changes on the rights of KPK employes that are violated due to the TWK, in ensuring workers' rights as stipulated in the 1945 Constitution and Law No. 39 of 1999 concerning Human Rights, in the harmonization of regulations to achieve the principles of benefit and justice in a rule of law state. This research uses a normative juridical research method to analyze the case under discussion. This study found that the change in KPK employe status to civil servants constituted a human rights violation, particularly because the TWK was used as the basis for deciding the previous employment status of KPK members. This research aims to analyze how the harmonization of regulations and the hierarchy of legislation can achieve justice and benefit in a state of law, specifically regarding Supreme Court Decision No. 26 P/HUM/2021, in relation to the individual rights of workers and citizens.