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All Journal Lex Scientia Law Review Jurnal Suara Hukum
Izzaty, Risdiana
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Law, Crime, Criminology & Criminal Justice

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Perwujudan Pemilu yang Luberjurdil melalui Validitas Daftar Pemilih Tetap Izzaty, Risdiana; Nugraha, Xavier
Jurnal Suara Hukum Vol 1, No 2 (2019)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v1n2.p155-171

Abstract

In Article 22E paragraph (1) of the 1945 Constitution of the Republic of Indonesia, it is explained that General Elections (Elections) are held based on the principle of “luberjudil” (direct, general, free, confidential, honest and fair). One of the manifestations of this principle is through the final voter list in the implementation of the election. This research is normative research with statute approach and conceptual approach. The issues discussed in this study are 1. Can the validity of the Permanent Voters List be seen as a manifestation of a direct, general, free, confidential, honest and fair election? 2. What are the problems that arise in determining the Permanent Voters List? 3. How is the guarantee of political rights for citizens due to problems that arise in the determination of the Permanent Voters List? Based on this research, it was found that the validity of the Permanent Voters List was part of the realization of the election system which was direct, general, free, confidential, honest and fair. This research also describes the problems in determining the Permanent Voters List and the mechanism for protecting the political rights of citizens in the event of problems in the final voter list 
Reconstruction of Minimum Age for Marriage as a Form of Legal Protection for Women (Analysis of Constitutional Court Decision No. 22/PUU-XV/2017) Nugraha, Xavier; Izzaty, Risdiana; Putri, Annida Aqiila
Lex Scientia Law Review Vol 3 No 1 (2019): Quo Vadis Protection of Women in Indonesia: Law Enforcement Practices and Theorie
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v3i1.30727

Abstract

Article 7 paragraph (1) Law no. 1 of 1974 concerning Marriage provides that the minimum age for marriage for men is 19 years while for women is 16 years. In the explanation, this aims to maintain the health of husband and wife and offspring. However, the minimum age limit for marriage for women that has been set is contrary to Law no. 35 of 2014 concerning Child Protection which stipulates that a child is someone who is not yet 18 years old. So that makes Article 7 paragraph (1) Law No. 1 of 1974 is discriminatory and has the potential to violate the constitutional rights of girls with the occurrence of child marriage. Constitutional Court Decision No. 22/PUU-XV/2017 states that Article 7 paragraph (1) of Law no. 1 of 1974 has no permanent legal force and gives the legislature 3 years to formulate new norms. If this time period has passed, the minimum age limit for marriage will be harmonized with the age limit for children in Law no. 35 of 2014. The purpose of this study is to describe legal protection for women through setting a minimum age limit for marriage. The research method used is normative research with statutory, conceptual and case approaches.
Co-Authors Nugraha, Xavier Putri, Annida Aqiila