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All Journal Jurnal Yustika: Media Hukum dan Keadilan Jurnal Hukum Lex Generalis
Pratama, Surya Mukti
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Gagasan Pembentukan Peradilan Khusus Pilkada Dalam Mewujudkan Electoral Justice Pratama, Surya Mukti; Nurlela, Ela; Dynantheo Sitepu , Hendry Gian
JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Vol. 24 No. 01 (2021): Jurnal Yustika: Media Hukum dan Keadilan
Publisher : Fakultas Hukum Universitas Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24123/yustika.v24i01.4451

Abstract

General Election and Regional Election are two different things on a constitutional basis. Then it was strengthened and confirmed by the decision of the Constitutional Court No. 97 / PUU / XI / 2013. This condition encourages the author to discuss the urgency of establishing a special election court with a simultaneous regional election system and a special court format that is effective in realizing electoral justice. This article aims to discuss the problems faced in resolving regional election results disputes in order to realize electoral justice in regional elections. The juridical formation of a special regional elections judicial body is an urgent need because it is a mandate of the law that must be implemented. The regional elections court format in realizing electoral justice includes three important principles that must be possessed by the regional elections court, the status and position of the regional elections court, the regional elections court judges, the role of the Supreme Court as judex juris and is attributed the authority to review the decision of the regional elections special court and relate to absolute competence. from the regional elections court.
Posisi dan Kontribusi Hukum Adat Ketatanegaraan dalam Hukum Tata Negara Indonesia Pratama, Surya Mukti
Jurnal Hukum Lex Generalis Vol 2 No 3 (2021): Tema Hukum Adat
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v2i3.33

Abstract

The legal policy of recognition of indigenous peoples as outlined by the 1945 Constitution requires the government to make customary law a source and inspiration in the development of national law. In the field of private law such as land and inheritance law, customary law has been elaborated a lot into national law. However, constitutional customary law is still not elaborated so that it often seems that it does not make a good contribution to the development of constitutional law in Indonesia. Based on research it is known that constitutional customary law is a formal source of constitutional law that hierarchically falls under the constitutional law act. In fact, some constitutional customary laws have been adopted in positive constitutional law, such as the provisions regarding the indigenous legal alliance, and the concept of the president as the holder of power over the army.
Co-Authors Dynantheo Sitepu , Hendry Gian Nurlela, Ela