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Evidence of Oath in Case Dispute over General Election Results in Indonesia Sumali, Sumali; Esfandiari, Fitria; Fauzia, Ana
SALAM: Jurnal Sosial dan Budaya Syar-i Vol 10, No 6 (2023)
Publisher : Faculty of Sharia and Law UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v10i6.35413

In practice law proof according to laws, roles the judge's conviction had limited in a way normative with element “at least two tools evidence”. As a result, when there is one applicant in case dispute results in election general (PHPU) which turned out to be only presenting information witness as tool proof, then matter the no can process because no sufficient condition as in applicable regulations. The writing article aims to examine: 1) the authority of the Court Constitution (MK) in adjudicating PHPU; 2) the domination of PHPU cases at the Constitutional Court; 3) the aspect constitutionality of PHPU; 4) proof and tools proof in PHPU; and 5) urgency tool proof swear. The method used in this research is normative legal research using statutory and conceptual approaches. The results of the research show that the PHPU examination by the Constitutional Court is not just a matter of calculators or quantitative numbers, but also concerns the qualitative issue of holding elections based on honesty and fairness. Therefore, the use of sworn evidence in the PHPU dispute resolution process has quite objective relevance and urgency, namely: First, because there is a possibility that the Petitioner will have difficulty or minimally present sufficient evidence, due to the relatively short time duration in the PHPU settlement; Second, the PHPU case is not a case with a purely legal dimension, but rather a political problem behind which the disputing parties at the Constitutional Court stand thousands or even millions of constituents who emotionally need honesty and justice.

Reconstructing the Requirements for an Incumbent Candidacy to Achieve Fair dan Democratic Regional Elections: Merekonstruksi Persyaratan Pencalonan Petahana untuk Mewujudkan Pilkada yang Adil dan Demokratis Fauzia, Ana; Salman, Radian
Rechtsidee Vol. 13 No. 1 (2025): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v13i1.1037

General Background: Regional elections play a crucial role in democratic governance, ensuring public participation in leadership selection. However, fair electoral competition is often challenged by the undue advantage of incumbent candidates. Specific Background: Indonesia’s Law No. 10 of 2016 permits incumbent regional heads to take a leave of absence during elections rather than resigning, raising concerns about potential abuse of power. Knowledge Gap: While existing studies discuss election regulations, limited research has specifically examined the urgency of mandatory resignation for incumbents seeking re-election. Aims: This study evaluates the fairness of incumbent candidacy requirements and proposes legal reforms to prevent electoral manipulation. Results: The analysis reveals that the leave requirement is insufficient to prevent conflicts of interest, as incumbents retain influence over state resources, policies, and personnel. Comparative legal frameworks from other countries suggest that a resignation mandate can enhance electoral integrity. Novelty: This research uniquely emphasizes the necessity of reconstructing candidacy rules to include mandatory resignation, drawing on constitutional principles of fairness and equality. Implications: The findings advocate for legislative amendments to establish a resignation requirement for incumbents, thereby strengthening democratic processes and ensuring a more equitable electoral system. Highlights: Incumbent Advantage: Allowing leave instead of resignation enables unfair use of state resources. Legal Reform Needed: Mandatory resignation ensures equal competition in elections. Democratic Integrity: Strengthening regulations prevents power abuse and promotes fairness. Keywords: Regional Head, Elections, Incumbent Candidacy, Reconstruction

Aktualisasi nilai-nilai pancasila dan konstitusi melalui pelokalan kebijakan Hak Asasi Manusia (HAM) di daerah Fauzia, Ana; Hamdani, Fathul
Indonesia Berdaya Vol 2, No 2: July 2021
Publisher : UKInstitute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47679/ib.2021136

Penegakan hak asasi manusia (HAM) salah satunya dilakukan melalui pemenuhan hak-hak dasar manusia. Upaya pemenuhan hak-hak dasar manusia di daerah ini turut menjadi perhatian dari pemerintah pusat melalui program Kabupaten/Kota Peduli Hak Asasi Manusia (KKP HAM) yang dilaksanakan oleh Kementerian Hukum dan Hak Asasi Manusia (Kemenkumham). Namun sayangnya, hanya 59 persen dari total kabupaten/kota di Indonesia yang dinyatakan peduli terhadap HAM. Tentu kondisi ini menunjukkan bahwa penegakan HAM masih belum merata di setiap daerah. Tujuan dari penelitian ini yaitu memberikan telaah terkait perwujudan nilai-nilai pancasila dan konstitusi dalam penegakan HAM yakni melalui pelokalan kebijakan HAM di daerah yang selama ini belum optimal dan belum melibatkan partisipasi masyarakat secara menyeluruh. Metode penelitian yang digunakan yaitu penelitian normatif dengan menggunakan pendekatan perundang-undangan dan konseptual. Dari hasil penelitian mengetengahkan suatu konsepsi terkait penegakan HAM yang tidak boleh terpisahkan dari nilai-nilai pancasila dan konstitusi. Aktualisasi nilai-nilai pancasila dan konstitusi dapat dikatakan merupakan ruh dalam penegakan HAM. Karena berhasil tidaknya suatu penegakan HAM sangat bergantung dari sejauh mana nilai-nilai pancasila dan konstitusi dilaksanakan dalam tertib kehidupan bermasyarakat, berbangsa dan bernegara. Sehingga dalam konteks aktualisasi nilai-nilai pancasila dan konstitusi melalui pelokalan kebijakan HAM di daerah, diharapkan dapat meningkatkan kesadaran masyarakat terkait upaya penghormatan dan kepedulian terhadap HAM.

The Urgency of Language as a Tool for Scientific Thinking in Schools: An Approach to Communication Law Fauzia, Ana; Octavia, Deva Gama Rizky; Hamdani, Fathul
International Journal of Social Learning (IJSL) Vol. 3 No. 2 (2023): April
Publisher : Indonesian Journal Publisher in cooperation with Indonesian Social Studies Association (APRIPSI)

Language as a means of scientific thinking places itself reasonably centrally. Even according to Francis Bacon, human language can gain knowledge and power. In short, language helps both scientists and society to think scientifically. This research uses a communication law approach to analyze the urgency of language as a tool of scientific thinking in schools. The research method used is descriptive research. The research results present a concept of language that acts as a medium for thought processes and that schools are the best environments for cultivating language as a tool for scientific thinking. Because language and thinking are inextricably linked. As a result, in this scenario, language growth in the function of thinking is also meant to enhance science education. As a result, the presence of language as something unique to humans is more than just a sign; it is also a medium for growing the human intellect, particularly in communicating the truth of things. Teachers play a crucial role in the growth and refinement of language as a tool for scientific thinking in schools because they must comprehend the five principles of successful communication: respect, empathy, audibility, clarity, and humility.

Pembaharuan Hukum Penanganan Tindak Pidana Korupsi oleh Korporasi Melalui Pengaturan Illicit Enrichment dalam Sistem Hukum Nasional Fauzia, Ana; Hamdani, Fathul
Jurnal Hukum Lex Generalis Vol 3 No 7 (2022): Tema Hukum Pidana
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v3i7.249

In this time, the motives or concept of corruption are increasingly complex and growing, as well as the increasing number of transnational crimes, makes the world need regulations regarding Illicit Enrichment in legal products at the level of law to allow the imposition of legal sanctions for these crimes, including Indonesia. The purpose of this study is to provide an overview of the practice of Illicit Enrichment in several countries in the world and the urgency of its regulation in Indonesia, as well as an analysis of the construction of legal reforms in handling corruption by corporations through the regulation of Illicit Enrichment in the national legal system. From the results of the study, through this regulation related to Illicit Enrichment, it can prevent public officials (corporations) from committing corruption, minimizing initiatives to do business or other activities that are full of conflicts of interest (with their positions). Furthermore, the formulation of the idea of constructing Illicit Enrichment arrangements in this study is divided into three, namely: the formulation of the subject, the formulation of the offense, and the formulation of sanctions and asset confiscation. Through this Illicit Enrichment setting, asset pursuit or tracing can be further maximized. In addition, criminal provisions, especially related to Illicit Enrichment/unexplained wealth are urgently needed and considered urgent because the Anti-Corruption Law has not fully implemented/regulated the provisions of Illicit Enrichment as an independent criminal offense. Illicit Enrichment is applied to the "accused", not from the beginning of the investigation or investigation process (suspect), but only as a reinforcement of existing evidence for corruption crimes committed.

The Authority of the Village Government in the Management of Village Funds during the Covid-19 Pandemic Hamdani, Fathul; Fauzia, Ana
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.23353

The Covid-19 emergency condition requires a change in the priority of using village funds, which was originally to finance government administration, development implementation, community development, and community empowerment switch to village cash direct assistance activities. Mekarsari Village basically had several priorities before the arrival of the Covid-19 pandemic, one of which was the improvement of infrastructure such as roads and government agencies such as village offices due to the earthquake that hit Lombok Island in mid-2018. The purpose of this study is to examine how the impact of the Covid-19 pandemic in Mekarsari Village is, then examine the authority of the Mekarsari Village Government in managing village funds in the Covid-19 pandemic era and how to optimize it, and examine what obstacles are faced by the Mekarsari Village Government in managing funds. village during the Covid-19 pandemic. In this study, the author applies the normative-empirical legal research method using a statutory, conceptual, and sociological approach. The results of the study indicate that the very broad function of the village government is the foundation for the sustainability of effective village government in carrying out local policies, especially in dealing with the Covid-19 pandemic. Then the Mekarsari Village Government has also established a village fund program to support village development so that they are able to optimally manage human and natural resources in order to alleviate new poverty due to the Covid-19 pandemic.

Online gambling: Cross-border aspects and potential risk of divorce Setiyawan, Deni; Fauzia, Ana; Mohamed, Muhammad Azimuddin; Pratama Hapsari, Ifahda; Mashdurohatun, Anis; Jaya Wardana, Dodi
Jurnal Hukum Novelty Vol. 16 No. 2 (2025)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v16i2.29186

Introduction to the Problem: Online gambling produces cascading social harms (debt, mental distress, and family conflict) that are surfacing in Indonesian divorce cases. Yet core enforcement gaps persist because gambling platforms, servers, and payment rails are frequently offshore and evidence is digital and volatile. Existing tools in the ITE Law and the Criminal Code lag behind these modalities. Purpose/Study Objectives: To analyze how cross-border features of online gambling undermine Indonesian criminal and family-law responses, and to propose an integrated reform agenda that links criminal accountability with family protection. Design/Methodology/Approach: Normative legal research combining statutory and conceptual analysis with comparative insights (licensed regimes such as Australia/UK; prohibition/ambiguous regimes) and illustrative Indonesian Religious Court decisions referencing gambling-driven marital breakdown. Findings: Indonesia’s response is hampered by three enforcement deficits: (1) Platform/finance dependence: foreign digital platforms and domestic payment intermediaries (banks, e-wallets, telecoms) enable chip-based and crypto-denominated flows that current doctrine barely reaches; (2) Digital-evidence fragility: logs, metadata, and accounts are transient or hosted abroad, while preservation and admissibility standards and forensics capacity remain under-specified; and (3) Limited cross-border reach: narrow MLAT/extradition coverage and dual-criminality barriers where gambling is legal overseas. These deficits help explain a growing footprint of gambling in Indonesian divorce pleadings and judicial reasoning, even when causation is indirect (asset dissipation, coercive financial control, persistent conflict). Comparative practice shows courts can recognize gambling-related “wastage” in property division and maintenance, while regulators can harden payment and advertising controls. Overall, the paper finds that doctrinal silos between criminal/ITE rules and the Marriage Law weaken both enforcement and family protection. Paper Type: Research Article

Media Vs. Law: Which Acts as a Tool of Social Engineering? Hamdani, Fathul; Fauzia, Ana; Mardhiyana, Rezka; Kusuma, Lalu Aria Nata
Indonesia Media Law Review Vol 2 No 2 (2023): July-December, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/imrev.v2i2.69469

According to Roscoe Pound, law is viewed as a tool for social engineering. However, the situation in Indonesia reveals that the law has not effectively fulfilled its role as a tool for social engineering and development, as envisioned by Mochtar Kusumaatmadja. This is evident in various law enforcement cases in Indonesia, where the process tends to be sluggish and only gains attention after it becomes viral in the mass media. This study aims to explore the underlying factors behind the influence of mass media on law enforcement in Indonesia and investigate whether both the media and the law can function as tools for social engineering simultaneously. The article adopts a normative legal research methodology, utilizing statutory, conceptual, and case-based approaches. The research findings demonstrate that while the mass media has a positive impact, there are still areas for improvement within the Indonesian legal system, particularly concerning the suboptimal performance of law enforcement officials and state authorities. Despite the potential for mutual support between the media and the law, the current scenario highlights the need for the media to serve as an information disseminator, supervisor, social control, and shaper of public opinion, while the coercive nature of the law can exert pressure on law enforcers and government officials to fulfill their duties and responsibilities.

Evidence of Oath in Case Dispute over General Election Results in Indonesia Sumali, Sumali; Esfandiari, Fitria; Fauzia, Ana
SALAM: Jurnal Sosial dan Budaya Syar-i Vol. 10 No. 6 (2023)
Publisher : SALAM: Jurnal Sosial dan Budaya Syar-i

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/sjsbs.v10i6.35413

In practice law proof according to laws, roles the judge's conviction had limited in a way normative with element “at least two tools evidence”. As a result, when there is one applicant in case dispute results in election general (PHPU) which turned out to be only presenting information witness as tool proof, then matter the no can process because no sufficient condition as in applicable regulations. The writing article aims to examine: 1) the authority of the Court Constitution (MK) in adjudicating PHPU; 2) the domination of PHPU cases at the Constitutional Court; 3) the aspect constitutionality of PHPU; 4) proof and tools proof in PHPU; and 5) urgency tool proof swear. The method used in this research is normative legal research using statutory and conceptual approaches. The results of the research show that the PHPU examination by the Constitutional Court is not just a matter of calculators or quantitative numbers, but also concerns the qualitative issue of holding elections based on honesty and fairness. Therefore, the use of sworn evidence in the PHPU dispute resolution process has quite objective relevance and urgency, namely: First, because there is a possibility that the Petitioner will have difficulty or minimally present sufficient evidence, due to the relatively short time duration in the PHPU settlement; Second, the PHPU case is not a case with a purely legal dimension, but rather a political problem behind which the disputing parties at the Constitutional Court stand thousands or even millions of constituents who emotionally need honesty and justice.

Political Party Deliberation: Mechanism for Safeguarding Constituent Rights against Vacancies in House of Representatives Affected by Political Party Dissolution Fauzia, Ana; Esfandiari, Fitria
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24110

The Indonesian Constitutional Court has the power to dissolve political parties. But this power has never really been used. This research aims is to examine the impact of the legal vacuum created by the collapse of political parties. The problems raised in this research are as follows: First, aspects of the legitimacy of political party management deliberations in filling the vacancies of members of representative bodies as an implication of the dissolution of political parties;.Second, the deliberation mechanism of political party officials should be analyzed as a legal reform to fill the vacant positions of members of representative bodies from disbanded political parties. The findings of this study take the shape of a notion concerning party management decisions offering their constituent votes to other political parties that do not reach the threshold for collecting votes to sit in parliament because they do not satisfy the parliamentary threshold.

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