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All Journal LAW REVIEW Al-Jinayah: Jurnal Hukum Pidana Islam Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Bagus, Moh
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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PROTECTION OF CITIZENS' CONSTITUTIONAL RIGHTS THROUGH ADVISORY OPINION AUTHORITY TO THE CONSTITUTIONAL COURT Bagus, Moh
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.682

Abstract

This article aims to provide new tools to protect the constitutional rights of citizens and strengthen the constitutional democratic guard mechanisms. To strengthen argumentation, it will be parsed systematically based on constitutional authority, advisory opinions to the Court, and limitations on the Court's authority, as mentioned. The method employed by the author is a legal normative approach, utilizing a conceptual, statutory, and comparative framework. Through this approach, the conceptual writer elaborates on the concept of a state of law as a doctrine that encompasses understanding, enforcement, and protection of law in Indonesia. The Constitution of Indonesia and the approach the writer uses to portray the implementation of ex ante abstract review in France and Finland. Research results indicate that it is crucial to safeguard the rights of constitutional citizens and strengthen the mechanisms of a more democratic statecraft. However, this has not yet occurred with existing state authority institutions at present. This involves (1) protecting the rights of constitutional citizens and safeguarding the mechanisms of statehood through preventive efforts. (2) Efforts to prevent can be implemented by giving new authority to the Court Constitution in the form of an advisory opinion. (3). In matters, the connection gives authority. There are apparent limitations in the form of the guard doctrine of the rule of law.
Ratio Legis Policy to Increase Women's Representation Through the Implementation of a Minimum Quota of 30% for Women in Nominations for DPR and DPRD Members Bagus, Moh; Nurmila Sari, Helga
Law Review Volume 25 Issue 1 (March 2025)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v25i1.9639

Abstract

Women as representatives in the strategic political making of decisions. Among the efforts made by the government to increase women's representation was setting a minimum threshold for female candidacy in the legislative and legislative elections. The policy referred to is set forth in Article 245 of Law Number 7 of 2017 concerning Elections. This research uses normative legal research methods with legislative and conceptual approaches. The provision regarding the minimum limit of 30% of women's candidacy is the implementation of constitutional rights, which is regulated in Article 28H Paragraph (2) of the 1945 Indonesian Constitution. The representation of women in the legislature was entrusted as a form of balancing and alignment of patriarchal and dominative elements in strategic policymaking. There are five ratios of an increase in female representation policy, including the existence of women in political decision-making is a counterweight to the patriarchal elements; women's brain variables are wider than men's so as to impact the different responses to an accepted issue; policy correlation with zipper system theory; policy correlation with critical mass theory; and the form of exercise of rights and duties owned by women as right holders and men as duty holders. The increase of female participation in representation can be achieved through political recruitment and the establishment of a political party-wing organization.
Ragam dan Perkembangan Penegakan Hukum di Indonesia Pasca Reformasi Bagus, Moh
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 8 No. 2 (2022): Desember 2022
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2022.8.2.141-164

Abstract

One of the important principles in a democratic country is the creation of independent and impartial law enforcement. This principle must always be maintained as an effort to protect human rights and to create and place law as the supreme commander of the state. This article on the variety and development of law enforcement in Indonesia will try to provide an overview and portrait of law enforcement in Indonesia that has been running so far. In order to provide a repertoire of legal improvements in Indonesia, the author will provide limitations on law enforcement, especially since the reformation to date. In this study, the authors used normative legal research methods with statutory, conceptual and case approaches. The results of the study state that various legal products in Indonesia are always present in order to complement and improve the components of law enforcement in Indonesia. In addition, the presence of the Constitutional Court as a style of constitutional interpreter also provides a new color through various kinds of decisions.
Co-Authors Nurmila Sari, Helga