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Journal : AL-Ishlah : Jurnal Ilmiah Hukum

Aktualisasi Asas-Asas Umum Pemerintahan yang Baik dalam Sistem Penyelenggaraan Pemerintahan Sapada, Andi Tenri; Rezah, Farah Syah
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 2: November 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i2.286

Abstract

This study aims to examine the actualization of general principles of good governance in the government administration system at Bone Regency. The type of research used is empirical research. Data collection techniques used in this study were interviews and literature study. The research data were analyzed quantitatively and then presented descriptively. The results showed that the actualization of general principles of good governance in the government administration system at Bone Regency is still not implemented. One of the main reasons is that the professionalism and competence of SCA resources in Bone Regency are still low. Furthermore, the factors that influence realizing the general principles of good governance in the government administration system at Bone Regency include leadership capability, supervision, SCA resources, and consensus between government and citizens. Therefore, substantial efforts are needed to improve the professionalism and competence of SCA resources through education and the provision of special training. In addition, leadership capability, supervision, and consensus between government and citizens also need to be improved and carried out consistently so that the actualization of general principles of good governance in the government administration system at Bone Regency can be carried out well in the future.
Analisis Yuridis tentang Presidential Threshold di Indonesia Rezah, Farah Syah; Sapada, Andi Tenri
Al-Ishlah: Jurnal Ilmiah Hukum Vol 24 No 2: November 2021
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33096/aijih.v24i2.310

Abstract

This study aims to determine the juridical fundamentals and analyze the constitutionality of the provisions of the Presidential Threshold against the 1945 Constitution. The type of research used is normative or doctrinal legal research using a comparative law approach. The method of analysis in this study is to use qualitative analysis. The study results indicate that the Presidential Threshold mechanism in Indonesia has had juridical fundamentals from 2004 until now. In this case, it includes Article 6A section (2) and section (5) of the 1945 Constitution, Article 5 section (4) and Article 101 of Law No. 23 of 2003, Article 9 of Law No. 42 of 2008, to Article 222 of Law No. 7 of 2017. However, Article 222 of Law No. 7 of 2017 is a closed legal policy and not an open legal policy. Therefore, the Presidential Threshold mechanism regulated in Articles of Law up to Article 222 of Law no. 7 of 2017 can be judged unconstitutional or contrary to the 1945 Constitution. Based on this conclusion, it is suggested that the Constitutional Court consider the juridical language of Article 6A section (5) of the 1945 Constitution. In this case, Law No. 7 of 2017 does not contradict the 1945 Constitution. In addition, it is also recommended for Legislators to make amendments to Law No. 7 of 2017. Furthermore, it is hoped that Legislators will consider increasing the Parliamentary Threshold as an effort to strengthen the presidential system in Indonesia.