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All Journal Jurnal Konstitusi Jurnal Bina Praja Integritas: Jurnal Antikorupsi Jurnal Yudisial Jurnal Konstitusi Jurnal Bawaslu Provinsi Kepulauan Riau Lareh Law Review
Feri Amsari
Fakultas Hukum Universitas Andalas
Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Judicial Order Sebagai Penguatan Sifat Final Dan Mengikat Putusan Mahkamah Konstitusi Dalam Perkara Pengujian Undang-Undang Nomor 7 Tahun 2017 Tentang Pemilihan Umum Mutiara Miyonita; Arfiani; Feri Amsari
Lareh Law Review Vol. 2 No. 1 (2024): Lareh Law Review
Publisher : Fakultas Hukum Universitas Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/llr.2.1.85-95.2024

Abstract

The authority of the Constitutional Court in the judicial review against the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) is stated in Article 24C paragraph (3). One of the most frequently proposed judicial review is Law Number 7 of 2017 about General Elections (Election Law). The result of this review is the Constitutional Court's decision which is final, so no other legal action can be taken after the decision is issued. However, in reality the Constitutional Court's decision regarding the Judicial review of Election Laws experienced various problems in its execution which were referred to as constitutional disobedience . In other countries such as Germany, the Federal Constitutional Court uses the concept of judicial order to resolve this problem. The judicial order is an important message for the future Legislature to implement the Constitutional Court's decision through concrete follow-up. Formulation of the problem raised in this research First, what is the urgency of using a judicial order in the Constitutional Court Decision in the Election Law judicial Review? Second, what are the differences in the implementation of Constitutional Court Decisions containing judicial orders in judicial reviewing of the Election Law? The type of research used is normative juridical. Data collection techniques use library research. Data will be analyzed using qualitative analytical descriptive methods. The research results explain that in order to realize legal certainty in order to carry out direct, public, free, secret, honest and fair elections, this Constitutional Court Decision needs to be implemented immediately. For that reason, judicial orders that have been implemented by the Indonesian Constitutional Court and other countries prove its function in strengthening the final and binding effect of its decisions. Differences in the implementation of Constitutional Court decisions that contain judicial orders can be seen in several non-self-executing decisions, there are decisions that are fully implemented, partially implemented, not implemented and also implemented differently from orders from Constitutional Court decisions
Accountability Dysfunction 
in Campaign Finance Regulations: A Case Study of the 2018 Jambi Simultaneous General Elections Kabullah, Muhammad Ichsan; Amsari, Feri; Arifin, Wein; Misra, Fauzan
Jurnal Bina Praja Vol 12 No 2 (2020): Pemilihan Kepala Daerah
Publisher : Research and Development Agency Ministry of Home Affairs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21787/jbp.12.2020.225-236

Abstract

The regulations of campaign finance have highly problematic for local electios (Pilkada) in Indonesia. However, the campaign finance system changed gradually over the following years, many alleged campaign violations committed by candidates during local elections. In this study, the researcher wants to assess campaign finance regulations based on the accountability concept. The measurement of accountability in the campaign finance regulations has been divided into two perspectives, which are legal and finance. The study used a qualitative method with a case study approach in Jambi's three regions, which held local elections (Pilkada) in 2018. This study argues that the current regulations have not solved the whole problem of campaign funds. The level of corruption by candidates remains stubbornly high due to less authority and weak sanctions. At the same time, most campaign finance regulations have never been enforced. As a result, revising Acts on the election, enhancing law enforcement, and raising public awareness need to promote for ensuring the quality of local democracy.
Malpraktik Pemilu dan Korupsi: Analisis terhadap Proses Penghitungan dan Rekapitulasi pada Pemilu Indonesia 2019 Luthfi Hamzah Husin; Heroik Mutaqin Pratama; Wegik Prasetyo; Hendra Hendra; Wawan Budi Darmawan; Firman Manan; Feri Amsari
Integritas: Jurnal Antikorupsi Vol 7 No 1 (2021): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v7i1.720

Abstract

This article attempts to examine the relationship between election malpractice and corruption by focusing on analyzing frauds in the vote counting and recapitulation process in the 2019 Indonesian Election, specifically in the legislative election. This study tries to fill in the gaps in literature that examines electoral malpractice in Indonesia which is seen more at the campaign stage rather than the vote counting and recapitulation stages in which the role of election management body is very central. To analyze this, this study analyses more specifically the involvement of the General Election Commission (KPU) as election organizer in electoral malpractice. Using document analysis and case study method, this study found that the vote recapitulation stage, especially at the district level, is the most prone phase to electoral malpractice where the involvement of the ad-hoc election administrator and candidates’ witness play an important role there.
Co-Authors Arfiani Arifin, Wein Beni Kurnia Illahi Busya Azheri Darmawan, Wawan Budi Fauzan Misra Febrinandez, Hemi Lavour Hendra Hendra Henny Andriani Heroik Mutaqin Pratama HUSIN, LUTHFI HAMZAH Khairul Fahmi Manan, Firman Muhammad Ichsan Kabullah Mutiara Miyonita Prasetyo, Wegik Pratama, Heroik Mutaqin Qaidah Bazilah Bazlaa Rini Fitria Morfi Setiawan, Dian Bakti Wawan Budi Darmawan Wegik Prasetyo