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All Journal Bengkoelen Justice : Jurnal Ilmu Hukum
Edra Satmaidi
Faculty Of Law, University Of Bengkulu
Law, Crime, Criminology & Criminal Justice

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THE EXISTENCE OF THE ELECTION SUPERVISORY AGENCY AS AN INDEPENDENT INSTITUTION IN HANDLING ADMINISTRATIVE VIOLATIONS IN THE ELECTIONS OF GOVERNOR, REGENT AND MAYOR Metri Martadilla; Ardilafiza; Edra Satmaidi
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 2 (2025): November 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i2.43347

Abstract

In the design of the Local Leaders Election Law, the Provincial and Regency/City Election Supervisory Agency are positioned as part of the process for resolving administrative violations, specifically by issuing recommendations. While, the resolvents are the Provincial and the Regency/City General Elections Commission, namely following up on the recommendations of the Provincial and the Regency/City Election Supervisory Agency regarding findings and reports of election violations. In practice, the recommendations given by the Election Supervisory Agency to the General Elections Commission are often ignored, so that the recommendations of the Election Supervisory Agency are often legally meaningless. This affects the existence of Election Supervisory Agency in exercising its authority to handle administrative violations of the Local Leaders Election. The problems studied are: how is the handling of administrative violations in the Election of Governors, Regents and Mayors by the Election Supervisory Agency and how is the existence of the Election Supervisory Agency as an Independent Institution in handling administrative violations in the Election of Governors, Regents and Mayors. This research was normative legal research focusing on the study of laws and regulations governing the handling of administrative violations of the Local Leaders Election using primary, secondary and tertiary legal materials. The results of the study show that Election Supervisory Agency 's authority is limited by the Regional Election Law, which states that the authority to complete the process of handling administrative violations is through a clarification and study process, the results of which are in the form of recommendations to the General Elections Commission and the General Elections Commission is required to follow up by preparing a legal review by paying attention to the fulfilment of the elements of the existence of administrative election violations, which is then held in a plenary meeting to examine and decide on the follow-up actions for the administrative election violations. Therefore, the existence of the Election Supervisory Agency as an independent institution is slightly weakened in the process of organizing Local Leaders Election.
LEGAL REVIEW OF THE EXPANSION OF PAPUA PROVINCE INTO THREE NEW PROVINCES BASED ON LAW OF THE REPUBLIC OF INDONESIA NUMBER 21 OF 2001 CONCERNING SPECIAL AUTONOMY FOR PAPUA PROVINCE Reyhanka Abid Putera Indrajaya; Amancik; Edra Satmaidi
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 2 (2025): November 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i2.45203

Abstract

In 2022, Papua Province was divided into three new provinces: South Papua, Central Papua, and Papua. This regional expansion raised legal concerns, particularly regarding unmet technical requirements and the limited consideration of the aspirations of the Papuan People’s Assembly (MRP) and the Papuan Regional House of Representatives (DRP) as representatives of indigenous Papuans. This study analyzes the legal considerations and implications of the expansion. This normative juridical research applies statutory and comparative approaches supported by literature review. Legal materials include primary legislation, secondary sources such as books and journals, and tertiary materials from online sources. The findings indicate that the government based the expansion on philosophical, sociological, and juridical considerations. Philosophically, it aimed to realize the third and fifth principles of Pancasila. Sociologically, it sought to enhance welfare, development, and security in Papua. Juridically, it referred to Article 18B of the 1945 Constitution. However, shortcomings were identified, including a rushed process, limited accommodation of local aspirations, and potential inconsistency with Article 35A of Law No. 23 of 2014. Despite these issues, the special autonomy status remains applicable to the newly established provinces.
Co-Authors Amancik Ardilafiza Metri Martadilla Reyhanka Abid Putera Indrajaya