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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Dian kus Pratiwi
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Law, Crime, Criminology & Criminal Justice

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Implikasi Penghapusan Masa Tunggu Narapidana sebagai Calon Anggota Legislatif dalam Penerbitan PKPU No 10 Tahun 2023 dan PKPU No 11 Tahun 2023 Dian Kus Pratiwi; Eka Detik Nurwagita; Mutiara Sabila Hamdani
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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The KPU has issued two new regulations, namely PKPU Number 10 of 2023 and PKPU Number 11 of 2023. These two regulations were issued as an effort to improve and follow up on the Constitutional Court Decision Number 12/PUU-XXI/2023. After being published, the two PKPUs received a lot of criticism from the public who thought that the KPU had smuggled articles and deviated from the Constitutional Court's decision. This study examines what are the problems with the issuance of PKPU No. 10 of 2023 and PKPU No. 11 Year 2023? And what are the implications of PKPU No. 10 of 2023 and PKPU No. 11 of 2023 in deviations from the Constitutional Court Decision No. 12/PUU-XXI/2023. The method used is normative juridical by examining various laws and regulations, court decisions, and doctrines. The results of this study, the implications of the two provisions for the implementation of law and democracy in Indonesia, namely: 1) the KPU has ignored the principles of forming statutory regulations; 2) KPU tampered with the provisions in the Constitutional Court Decision which seeks to present candidates for legislative members who have clean legal track records; 3) KPU is deemed not to have a vision and mission that is in line with the institutions for preventing and eradicating corruption in Indonesia; and 4) KPU violates the right of the people to get people's representatives with integrity.  
Menyoal Hak Berkampanye Presiden Pada Pilpres 2024 Dari Perspektif Etika Pancasilan Dan Islam Dian Kus Pratiwi; Ahmad Sadzali
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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This paper discusses President Joko Widodo's campaign practices in the 2024 election by highlighting ethical issues from the perspective of Pancasila and Islamic Ethics. As head of state, President Jokowi has a strategic position that demands moral exemplarity, political neutrality, and commitment to social justice. In practice, Jokowi on the one hand shows a positive attitude by rejecting the politicization of identity, religion, and intolerance that have the potential to damage the unity of the nation. However, on the other hand, his statement that the president is allowed to campaign and take sides, support for his son's candidacy as a vice presidential candidate, and the massive distribution of social assistance during the election period have raised ethical criticism. From the perspective of Pancasila Ethics, these steps cause conflicts with popular values, social justice, and the principle of unity. Meanwhile, Islamic Ethics which emphasizes justice ('adl), trust, honesty (ṣidq), and leadership that is beneficial to the ummah considers that these practices have the potential to contain conflicts of interest and obscure the mandate of office. Thus, President Jokowi's campaign reflects the dialectic between efforts to maintain political stability and national unity with ethical problems related to neutrality, justice, and leadership morality. This study emphasizes the importance of Pancasila and Islamic ethics as normative guidelines in maintaining the integrity of Indonesian democracy.
Co-Authors Ahmad Sadzali Eka Detik Nurwagita Mutiara Sabila Hamdani