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All Journal Media Iuris JIHAD : Jurnal Ilmu Hukum dan Administrasi
Sabrina, Dian Fitri
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Law, Crime, Criminology & Criminal Justice

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The Threshold Requirements For Presidential Nomination On The Constitutional Perspective Sabrina, Dian Fitri; Sukardi
Media Iuris Vol. 7 No. 1 (2024): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v7i1.38218

Abstract

AbstractThe presidential nomination model through the threshold is a provision regulated in the election law. The practice of presidential elections in Indonesia is often a difficult moment for both political parties and citizens. Several decisions of the Constitutional Court related to the review of Law Number 7 of 2017 concerning Elections, particularly regarding the threshold for declaring Article 222 of the Election Law not contradicting the constitution, meaning that Article 222 of the Election Law is considered to have complied with Article 6A paragraph (2) of the Constitution, but from the results research on article 222 of the Election Law still does not reflect the meaning contained in article 6A paragraph 2 of the Constitution. This research aims to build a presidential nomination model in the 2024 general election in Indonesia. This research is a doctrinal research using a case approach and a legal approach. This study was conducted by looking at the practice of the electoral threshold model for the 2004, 2009, 2014 and 2019 periods as well as the provisions stipulated in the Election Law and the constitution. The results of the study indicate that it is necessary to form an ideal presidential candidacy model, namely using the maximum threshold as a requirement, in order to produce qualified presidential candidates who become leaders who are responsible, have integrity and are the hope of all Indonesian citizens.Keywords: Threshold Requirements; Presidential Nomination; Constitutional Perspective.
Analysis of Supervision Forms for Communities Carrying Out Destructive Fishing in West Sulawesi Waters Laitupa, Salma; Sabrina, Dian Fitri; Kartika, Eka Dewi; Syam, Sitti Mutmainnah
JIHAD : Jurnal Ilmu Hukum dan Administrasi Vol 6, No 4 (2024): JIHAD : Jurnal Ilmu Hukum Dan Administrasi
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/jihad.v6i4.7768

Abstract

The behavior of fishermen engaging in harmful practices, such as bombing and use forbidden fishing gear, adversely affect the sustainability of the marine ecosystem. The legal question addressed in this article is to the kind of monitoring exercised by the community engaged in destructive fishing in the waters of West Sulawesi. The oversight of the community engaged in destructive fishing is characterized by inherent supervision from the Provincial and Regency Marine and Fisheries Service, internal oversight by the Regional Office of the Ministry of Marine Affairs and Fisheries, and external supervision by the Water and Air Police (Polairud). However, the supervision of destructive fishing in the waters of West Sulawesi is notably ineffective, with patrols occurring only in response to reports from fellow traditional fishermen to the government
The Political Cartel of Presidential Candidacy through Threshold Brings Up a Single Candidate Saad, Muhammad; Sabrina, Dian Fitri; Sukardi, Sukardi
Media Iuris Vol. 5 No. 1 (2022): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v5i1.32040

Abstract

AbstractThe practice of presidential nomination by using a threshold through political parties or coalitions of political parties in Indonesia is still carried out because Indonesia adheres to a multi-party system. However, the regulation regarding the threshold for presidential nomination is prone to political transactions between parties. The reason is that there is no equality of access to presidential nominations between new political parties and old political parties considering that political parties are a defining element of representative democracy (Political parties are a defining element of representative democracy), this practice threatens the rights of minority political parties and limits the emergence of presidential candidates. The threshold in the nomination of President based on the decision of the Constitutional Court of the Republic of Indonesia Number 74/PUU/XVII/2020 regarding the review of Law Number 7 of 2017 concerning Elections is referred to as an open legal policy which is the authority of the House of Representatives in forming the Law on Elections. This study aims to evaluate the application of the threshold in the nomination of President with the principle of justice. This research is a doctrinal research using a case approach and a law approach. This study was conducted by looking at the development of the application of thresholds in elections and the provisions stipulated in the Election Law. The results of the study indicate that it is necessary to establish an ideal implementation model based on the principle of justice in order to guarantee the rights of minority political parties and avoid the emergence of a single presidential candidate.Keywords: Political Cartel; President Threshold; Single Candidate.
Co-Authors Kartika, Eka Dewi Muhammad Saad, Muhammad Salma Laitupa Sukardi Sukardi Syam, Sitti Mutmainnah Veithzal Rivai Zainal