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Journal : HUKUM BISNIS

KONSTITUSIONALITAS PENYELENGGARAN PEMILIHAN UMUM TIDAK SERENTAK DI INDONESIA Hanun, Yunan
Jurnal HUKUM BISNIS Vol 9 No 5 (2025): Volume 9 No 5 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

General elections are a crucial instrument in upholding popular sovereignty, which is the main pillar of the constitutional democratic system in Indonesia. After the amendment of the 1945 Constitution, Article 22E emphasizes that elections must be held directly, publicly, freely, secretly, honestly and fairly every five years. The Constitutional Court (MK) Decision Number 14/PUU-XI/2013 emphasized the urgency of simultaneous elections on the grounds of strengthening the presidential system, increasing the efficiency of implementation, and preventing political fragmentation. This assertion was reinforced by Constitutional Court Decision Number 55/PUU-XVII/2019, which rejected the separation of legislative and executive elections. However, a new perspective emerged through Constitutional Court Decision Number 135/PUU-XXII/2024 which opened the possibility of conducting elections non-simultaneously. The Constitutional Court's consideration in this decision was based on aspects of technical efficiency, simplification of the electoral stages, and the potential to improve the quality of public participation. The consequence of this concept raises a dilemma related to the consistency of constitutional norms, especially with regard to the principle of simultaneity, the principle of equality of voting rights, and the continuity of the term of office of the legislative and executive institutions. This research was conducted using normative legal research methods, combining a statutory approach and a conceptual approach. Keywords: Constitutionality, Elections, Constitutional Court Decision
WANPRESTASI DALAM PERJANJIAN YANG BERBASIS APLIKASI DIGITAL Hanun, Yunan
Jurnal HUKUM BISNIS Vol 9 No 6 (2025): Vol 9 No 6 2025
Publisher : Fakultas Hukum Universitas Narotama

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Abstract

The development of digital technology has changed the pattern of agreements from conventional models to application-based systems. This transformation brings efficiency in transactions, but at the same time raises legal challenges, especially when default occurs. The problem of default in digital agreements can be in the form of late payments, inappropriate delivery of goods, adverse application technical disturbances, or neglect of obligations by service providers and consumers. These conditions raise questions about how legal protection for the parties and effective dispute resolution mechanisms in the digital realm. This research aims to examine the forms of default and examine the legal remedies available in digital application-based agreements. The method used is normative legal research with a statutory approach and a case approach. Keywords: Agreement, Default, Digital Application