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Journal : NOMOI Law Review

PRESIDENTIAL SYSTEM POST CONSOLIDATION ELECTION 2019: MEASUREMENT OF THE THRESHOLD STRENGTH OF PRESIDENTIAL CANDIDATES Mhd Ansor Lubis
NOMOI Law Review Vol 3, No 2 (2022): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v3i2.12263

Abstract

The implementation of the General Election for President and Vice President in its development has not been able to become a means of transforming social change in the desired direction and does not significantly prove the influence of simultaneous elections on governance in the President's power. The Nomination Threshold in the Design of the Election Law actually creates a coalition of parties that has the potential to damage a healthy and accountable political system, namely the gathering of parties in one support for a presidential candidate which is then not matched by the existence of an opposition within the Check and Balance framework. The research method used in this paper is a normative juridical research method. Normative research with a statutory approach and a conceptual approach. The results of the study obtained include, strengthening the presidential system through the presidential candidate threshold after the election consolidation is less effective and tends to eliminate the rights of citizens to be able to vote, nominate themselves and nominate candidates.
REFORMULATION OF AMNESTY AND ABOLITION IN THE STATE SYSTEM IN INDONESIA Lubis, Mhd Ansor; Firdaus, Aras; Harahap, Muslim; Lawali Hasibuan, H. Abdul; Elisa Munthe, Gerald
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.26565

Abstract

The granting of amnesty and abolition is a presidential prerogative. This is regulated in the 1945 Constitution. Although it is a presidential prerogative, the question remains whether the granting of amnesty and abolition by the president recently has been in accordance with statutory regulations. This study uses a normative juridical research method with a statutory, conceptual, and comparative approach. The results show that amnesty and abolition are legal instruments derived from the president's constitutional authority as head of state. Both instruments function as extraordinary forms of forgiveness or waiver of legal charges, as they concern the interests of the state, reconciliation, and political and social stability. However, in Indonesian constitutional practice, the granting of amnesty and abolition often sparks debate. On the one hand, the president's authority is seen as a manifestation of the prerogative recognized in the constitution; on the other hand, there are concerns about the emergence of impunity practices that could undermine the rule of law and the independence of the judiciary. Therefore, reformulating the concepts of amnesty and abolition within the framework of the state system is a necessity to ensure a balance between state interests and upholding the principles of the rule of law.