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All Journal Ensiklopedia of Journal Ensiklopedia Social Review Indonesian Journal of Law and Society GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Interdisciplinary Journal on Law, Social Sciences and Humanities
Munte, Herdi
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Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Politik Hukum Penegakan Tindak Pidana Pemilu Perspektif Keadilan Bermartabat Munte, Herdi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.43656

Abstract

Election criminal law is built and enforced as a legal instrument for eradicating election criminal acts. In fact there is a demand to reform the legal politics of election crime enforcement from the perspective of dignified justice to create honest, fair and dignified elections. The problem studied is how the current law enforcement of election crimes is political and why it is important to reform the law enforcement politics of election crimes based on dignified justice. The research was conducted using a juridical-normative method with statutory and doctrinal approaches. The results of the study show that the regulation of election crimes is contained in a book of election law laws (UU No.7 of 2017 last amended by Law No.7 of 2023) there are as many as 67 articles consisting of offenses and crimes. Many criminal provisions are irrelevant, the enforcement of election criminal law is still far from what was expected, so it is necessary to reform law enforcement in a structured and systematic manner both from the aspect of substance, structure and legal culture. The politics of election criminal law currently places punishment as the foremost legal means, while the demands for the development of law enforcement for election criminal acts that are expected are punishment as a last resort and reform of law enforcement for election criminal acts based on dignified justice (justice that humanizes humans) a necessity in the context of guaranteeing legal objectives (fairness, benefit and certainty) and the objectives of holding elections that are fair and with integrity, legal certainty, effectiveness based on values, principles, norms and rules rooted in the spirit of the nation (volksgeid), namely Pancasila.Keywords: Legal Politics, Crime, Dignified Elections.
Democratization of Filling Regional Head Positions Rogers, Maurice; Sagala, Christo Sumurung Tua; Munte, Herdi
Indonesian Journal of Law and Society Vol 5 No 1 (2024): Social Justice in Transition: A Global Perspectives
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i1.39425

Abstract

The 2024 simultaneous regional head elections have significant implications for leadership vacancies across various regions. Consequently, to address these vacancies, interim regional heads will be appointed until definitive regional heads are elected following the 2024 elections. This paper aims to scrutinize the representation of the populace within the framework of appointing regional heads in Indonesia and to evaluate the concept of democratization as an ideal approach for selecting acting officer of regional heads. Through a normative analysis of diverse sources and prevalent social phenomena, it is asserted that democratization in the process of appointing regional heads is imperative for fostering leaders' accountability to their constituents. However, the current practice of appointing regional heads in Indonesia often diverges from democratic principles. Central government retains exclusive authority to appoint acting officer of regional heads through a closed, non-transparent process devoid of public participation. This process risks signaling vested interests between the appointing authority and the recipients of office. Therefore, reforming the system for appointing acting officer of regional heads becomes imperative to facilitate public involvement directly or through parliamentary institutions. This involvement should span the proposal, discussion, determination, monitoring, evaluation, and dismissal stages of acting regional heads. Furthermore, candidates for these positions should be limited based on the principle of regional autonomy. This entails requiring candidates to originate from the state civil apparatus as administrative officials or civil servants with extensive experience in the relevant region. Such requirements ensure that candidates possess a comprehensive understanding of governmental managerial duties, public service obligations, and the specific conditions and needs of the region and its populace. Keywords: Regional Head Vacancy, Representation of the People, Acting Officier of Regional Head, Simultaneous Regional Head Election 2024
TINJAUAN YURIDIS TERHADAP SUBJEK HUKUM DALAM TRANSAKSI JUAL BELI ONLINE COMMERCE DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA Munte, Herdi; Sinaga, Muhammad Iqbal; Br Sitepu, Tria Feba
GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Vol. 11 No. 3 (2025): 2025 Maret
Publisher : Lembaga Kajian Ilmu Sosial dan Politik (LKISPOL)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56015/gjikplp.v11i3.377

Abstract

The practice of online buying and selling in people's lives has not fully run according to the rules in the transactions that have been set, some consumers experience losses because the goods ordered do not match the initial agreement. The government has an important role in the legal validity of online buying and selling transactions in Indonesia. This writing method uses normative juridical. The types of data needed in this study are primary data and secondary data. The results obtained Legal Regulations of Legal Subjects in Online Commerce Transactions Reviewed from Civil Law Article 1320 of the Civil Code meets the requirements for making an agreement because there is a will of both parties stated in the rules and submitting an offer in the thread or online sales stall and Article 1330 of the Civil Code has determined people who are considered capable, if in the future a dispute arises, the legal rules that regulate the minimum age to carry out buying and selling transactions, then the legal force of the agreement
LIMITASI WAKTU PENEGAKAN HUKUM DALAM PROSES PELANGGARAN PEMILIHAN KEPALA DAERAH DI INDONESIA Munte, Herdi; Tommi, Missiniaki
Ensiklopedia of Journal Vol 5, No 3 (2023): Vol. 5 No. 3 Edisi 3 April 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i3.3435

Abstract

Abstract: Regional Head Elections (Pilkada) represent the embodiment of people’s sovereignty at the regional level. However, their implementation is often marked by various violations and criminal acts, such as money politics, voter data manipulation, and abuse of power by public officials. This study employs a normative legal research method using the statute and conceptual approaches to analyze the effectiveness of law enforcement against Pilkada-related crimes under Law Number 10 of 2016. The main focus is the time limitation in criminal investigations, which affects legal certainty and substantive justice. The findings reveal that the 14-day investigation limit aims to promote efficiency and legal certainty in the criminal justice system. Nevertheless, practical challenges remain, including limited resources and weak inter-agency coordination, which may undermine substantive justice. Therefore, reformulating the criminal law policy in Pilkada is essential to ensure that efficiency does not compromise justice and human rights.Keywords: Regional Election, Law Enforcement, Time Limitation.
PEMILIHAN UMUM KEPALA DAERAH SEBAGAI PENDELEGASI KEDAULATAN RAKYAT DI TINGKAT DAERAH Munte, Herdi; Sagala, Christo Sumurung Tua
Ensiklopedia Sosial Review Vol 4, No 1 (2022): Volume 4 No 1 Februari 2022
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v4i1.3165

Abstract

Abstract: This study aims to analyze the position of regional heads as the extension of popular sovereignty and to understand regional head elections (Pemilukada) as a form of delegation of people’s sovereignty at the local level. In the context of a democratic rule-of-law state, popular sovereignty serves as the basis of legitimacy for all forms of governmental power, both national and regional. Regional elections are the main mechanism through which citizens exercise their political rights to choose leaders who represent constitutional mandates and public aspirations. This research employs a normative legal research method, using statutory, conceptual, and case approaches. Data are derived from primary, secondary, and tertiary legal materials, analyzed descriptively and qualitatively. The results show that regional heads represent the people’s sovereignty through a democratically granted mandate. However, the implementation of people’s sovereignty in regional elections still faces challenges such as money politics, identity politics, and low political awareness. Therefore, strengthening regulations, political education, and oversight mechanisms is essential to ensure that regional elections truly serve as a democratic instrument reflecting the realization of popular sovereignty at the local level.Keywords: Popular Sovereignty, Regional Election, Local Government.
Co-Authors Br Sitepu, Tria Feba ROGERS, MAURICE Sagala, Christo Sumurung Tua Sinaga, Muhammad Iqbal Tommi, Missiniaki