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All Journal Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Maulana, Jefrie
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Peningkatan Kapasitas Panwaslih dalam Penegakan Hukum Pelanggaran Pemilu di Kabupaten Aceh Barat Daya Husna, Asmaul; Maulana, Jefrie; Aulia, Eza; Effida, Dara Quthni; Fahrimal, Yuhdi
Jurnal Pengabdian Masyarakat: Darma Bakti Teuku Umar Vol 6, No 2 (2024): Juli-Desember
Publisher : Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/baktiku.v6i2.9315

Abstract

The practice of violating electoral rules is a phenomenon that often occurs in the election process, especially during the campaign period. All violations that occur must be responded to by taking action through law enforcement in accordance with applicable laws and regulations in order to maintain the implementation of democratic elections and strengthen popular sovereignty. One of the institutions that has the authority in terms of law enforcement against election violations is the Election Supervisory Committee (Panwaslih). However, the low capacity, knowledge, and understanding of field supervisory officers make it difficult to take action against election violations during the campaign period. This community service activity aims to increase the capacity of field supervisory officers in Southwest Aceh Regency so that they have knowledge and understanding related to election supervision so that they can work optimally. The service activities were carried out through lectures and focus group discussions with a statute approach and case study approach. Participants in this activity were all field supervisory officers in Southwest Aceh Regency. The results obtained from this service are (1) participants understand and can identify potential election violations during the campaign period and (2) participants understand the legal basis and identify articles that can be imposed for each election violation during the campaign period. This activity will be a provision for election supervisors in Southwest Aceh Regency and they will apply this understanding in carrying out their duties and functions as supervisors of the implementation of elections in realizing a democratic party that is based on direct, general, free, confidential, honest and fair.
EKSISTENSI PETUGAS KAMPANYE MENURUT UNDANG-UNDANG PEMILIHAN UMUM DAN PERATURAN KPU NOMOR 15 TAHUN 2023 Darusman S, Chandra; Djusfi, Apri Rotin; Thariq, Phoenna Ath; Maulana, Jefrie
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 1 (2024): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i1.9227

Abstract

Campaigning is one of the stages in the general election. Campaign implementation can be carried out by campaign executives, election participants, campaign teams, and campaign officers. However, the existence of campaign officers is not regulated in the Election Law but only regulated in KPU Regulation Number 15 of 2023. This has the potential to cause legal problems related to the accountability of campaign officers according to the law. This research is a normative juridical research with a statutory approach. From the research conducted, it is known that campaign officers cannot be held criminally liable if they commit prohibited actions in the process of conducting campaigns. This is because there is no formulation of legal norms in the Election Law that recognizes, recognizes and regulates the existence of campaign officers. The implementation of criminal law accountability must guide the principle of legality which is one of the fundamental principles in criminal law.
TINJAUAN PENGISIAN JABATAN JAKSA AGUNG BERDASARKAN UU NO. 16 TAHUN 2004 DALAM MEWUJUDKAN INDEPEDENSI LEMBAGA KEJAKSAAN Murtadha, Muhammad Ali; Aulia, Eza; Maulana, Jefrie
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 1 (2025): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v9i1.11584

Abstract

This study examines the normative regulation of Article 19 of Law Number 16 of 2004 concerning the appointment and dismissal of the Attorney General in Indonesia and its implications for prosecutorial independence. The research employs a normative juridical method using a statute approach, comparative approach, and conceptual approach. The findings indicate that the President's exclusive authority to appoint and dismiss the Attorney General without an adequate checks and balances mechanism poses a significant risk to the independence of the Attorney General’s Office. While the House of Representatives (DPR) has proposed legislative involvement in the appointment process, the final agreement between the government and DPR maintained full presidential authority. This raises concerns about potential political intervention and the dependency of the Attorney General on the executive branch. A comparative analysis reveals that other countries, such as the United States and Myanmar, implement stricter selection and dismissal mechanisms to ensure prosecutorial independence. In the United States, the Attorney General is appointed by the President with Senate approval and can be removed through an impeachment process. In Myanmar, the selection process involves independent oversight to maintain prosecutorial integrity. The study highlights the importance of implementing a stronger checks and balances system in Indonesia to prevent political influence and safeguard the professionalism of the Attorney General’s Office. Strengthening legal frameworks and ensuring institutional independence are crucial for maintaining the integrity of law enforcement. This study concludes that reforms in the Attorney General’s appointment mechanism are necessary to enhance the independence and credibility of the prosecutorial system in Indonesia.
PENGARUH PUTUSAN MAHKAMAH KONSTITUSI NOMOR 60/PUU-XXII/2024 TERHADAP KEKHUSUSAN PARTAI POLITIK LOKAL ACEH DALAM PILKADA 2024 Munandar, Agung; Zulfikar, Muhammad Nahyan; Darusman, Chandra; Maulana, Jefrie
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 8, No 2 (2024): Oktober
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v8i2.10345

Abstract

Law No. 11/2006 on the Governance of Aceh (UUPA) addresses only the nomination thresholds for local political parties. However, Qanun Aceh No. 12/2016 has standardized the nomination threshold for regional heads from national political parties to 15%, which conflicts with Indonesian Law No. 10/2016. The Constitutional Court Decision No. 60/PUU-XXII/2024, which reduced the threshold percentage, has resulted in a loss of specificity for local political parties in Aceh. This research aims to analyze the impact of the Constitutional Court Decision on local elections in Aceh, address the normative conflicts between local and higher regulations, elucidate the hierarchy of legislation, and propose solutions. The research employs a normative juridical method, using secondary data obtained from literature. Findings indicate that the regulation of national political parties should be governed by national laws and their derivative regulations to avoid normative conflicts, while the regulation of local political parties can be managed through regional regulations such as qanun. To resolve normative conflicts, preventive measures include harmonizing laws and regulations, while repressive measures involve either the annulment of qanun by the government or material testing by the Supreme Court and Constitutional Court concerning UUPA (Aceh Special Autonomy Law).
Co-Authors Agung Munandar Apri Rotin Djusfi Asmaul Husna Ath Thariq, Phoenna Aulia, Eza Darusman S, Chandra Darusman, Chandra Murtadha, Muhammad Ali Quthni Effida, Dara Yuhdi Fahrimal Zulfikar, Muhammad Nahyan