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All Journal LAW REFORM Unes Law Review
Julian, Fajar Prima
Master Of Law Program, Faculty Of Law, Universitas Diponegoro
Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Juridical Overview on the Inconsistency of Prohibition to be the Member of Political Parties for the Members of Public Institutions Fajar Prima Julian; Ratna Herawati
LAW REFORM Vol 17, No 2 (2021)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (106.925 KB) | DOI: 10.14710/lr.v17i2.41747

Abstract

The creation of a justice in the life of the nation and state must be supported by regulations that do not conflict with other regulations. The prohibition to join a political party for administrators of public institutions   is in conflict with higher regulations. The article is considered contrary to the principle of "Equality before the Law" when viewed from the aspect of equal concern put forward by Ronald Dworkin. The purpose of this research was to analyze the inconsistency of the prohibition article for members of public institutions   to join political parties and to explain the legal implications for the public institutions when they do not comply with these regulations. The method used was normative juridical with descriptive analytical research specifications, and the type of the data were secondary data. The data analysis was conducted qualitatively. Political rights are part of the human rights owned by a person who should not be limited by discriminatory treatments. In fact, there are still restrictions on these political rights which are detrimental to a person from contributing to become the administrator of a public institution. The contents of conflicting articles cause the public institutions to have a crisis of law compliance, is actually a hierarchical harmony between laws and regulations in Indonesia.
Pemenuhan Hak Konstitusional Warga Negara dalam Pemilihan Kepala Daerah Tahun 2020 oleh KPUD Kota Semarang Fajar Prima Julian
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1291

Abstract

The main focus of Pilkada's implementation in this pandemic is that the protection of basic rights in the form of the fulfillment of political rights and the right to health must be placed on an equal footing rather than contradictory to each other. That is. This study aims to identify and analyze the urgent reasons for the fulfillment of basic rights in the 2020 regional leader elections in the Covid-19 pandemic. The problem approach in this study uses normative law. This approach explores theories, concepts, legal principles, and laws related to this study, with a focus on examining the application of rules or norms in positive law. The urgency of fulfilling political and health rights may have been addressed appropriately, but violations of health protocols should be monitored during the preparation and implementation of Pilkada. From the perspective of three basic legal values, only the value of legal certainty regarding the enforcement or imposition of sanctions in the event of a breach of a health protocol is not finely and clearly regulated by PKPU.
Pemenuhan Hak Konstitusional Warga Negara dalam Pemilihan Kepala Daerah Tahun 2020 oleh KPUD Kota Semarang Julian, Fajar Prima
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1291

Abstract

The main focus of Pilkada's implementation in this pandemic is that the protection of basic rights in the form of the fulfillment of political rights and the right to health must be placed on an equal footing rather than contradictory to each other. That is. This study aims to identify and analyze the urgent reasons for the fulfillment of basic rights in the 2020 regional leader elections in the Covid-19 pandemic. The problem approach in this study uses normative law. This approach explores theories, concepts, legal principles, and laws related to this study, with a focus on examining the application of rules or norms in positive law. The urgency of fulfilling political and health rights may have been addressed appropriately, but violations of health protocols should be monitored during the preparation and implementation of Pilkada. From the perspective of three basic legal values, only the value of legal certainty regarding the enforcement or imposition of sanctions in the event of a breach of a health protocol is not finely and clearly regulated by PKPU.
Co-Authors Untung Sri Hardjanto*), Anni Kurniawati Ratna Herawati