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All Journal Jurnal Konstitusi Jurnal Konstitusi Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Febriansyah Ramadhan
Fakultas Hukum Universitas Brawijaya
Humanities Law, Crime, Criminology & Criminal Justice Other

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Urgensi Pemisahan Penyelenggaraan Pemilihan Umum Serentak Nasional dan Lokal Sirajuddin Sirajuddin; Febriansyah Ramadhan; Ilham Dwi Rafiqi
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 4 Issue 2 (2021) Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Publisher : Faculty of Sharia, Islamic State University (UIN) Prof. K.H. Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (346.497 KB) | DOI: 10.24090/volksgeist.v4i2.5224

Abstract

This paper aims to evaluate the simultaneous elections and view the legal politics of separating the implementation of the simultaneous national and local elections for strengthening democracy in Indonesia. This study uses a normative juridical research method with a statutory and conceptual approaches. The results of the study show that the implementation of simultaneous elections in 2019 provided problems for organizers and voters. One of the suggestions for reforming the elections is to separate local and national elections. The the legal politics objectives of separating the elections consist of two, namely the level of organizers and voters as well as aspects of the election process and the quality of election results. This separation is expected to remove voter pragmatism, and focus more on the vision and mission of the candidates. Political parties will also carry out their functions optimally, be focused, and be able to carry out political education as they should.
Observing The Differences in Constitutional Court Decision About the Legal Age of Marriage Mia Hadiati; Febriansyah Ramadhan
Jurnal Konstitusi Vol. 19 No. 3 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1937

Abstract

In 2014–2017, there were two tests of the same norms in the Marriage Law, namely the Constitutional Court Decision Number 74 / PUU-XII / 2014 and 22 / PUU-XV / 2017. However, there is a difference in the verdict between one judgment and the next. In Constitutional Court Decision Number 22/PUU-XV/2017, the Constitutional Court changed the previous stance that stated that the age limit norm was constitutional, changing it to unconstitutional, which led to the follow-up of the lawmakers to revise the Marriage Law. This study will compare judges' considerations in the decisions of Constitutional Court Number 74 / PUU-XII / 2014 and Number 22 / PUU-XV / 2017. It will be sought against the Constitutional Court's background changing its stance from one ruling to the next. This research uses normative research methods with a conceptual and philosophical approach to legislation. The results showed that the difference underlying the two rulings was in the excavation of legal sources by judges in their legal considerations.
Observing The Differences in Constitutional Court Decision About the Legal Age of Marriage Mia Hadiati; Febriansyah Ramadhan
Jurnal Konstitusi Vol 19, No 3 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (614.183 KB) | DOI: 10.31078/jk1937

Abstract

In 2014–2017, there were two tests of the same norms in the Marriage Law, namely the Constitutional Court Decision Number 74 / PUU-XII / 2014 and 22 / PUU-XV / 2017. However, there is a difference in the verdict between one judgment and the next. In Constitutional Court Decision Number 22/PUU-XV/2017, the Constitutional Court changed the previous stance that stated that the age limit norm was constitutional, changing it to unconstitutional, which led to the follow-up of the lawmakers to revise the Marriage Law. This study will compare judges' considerations in the decisions of Constitutional Court Number 74 / PUU-XII / 2014 and Number 22 / PUU-XV / 2017. It will be sought against the Constitutional Court's background changing its stance from one ruling to the next. This research uses normative research methods with a conceptual and philosophical approach to legislation. The results showed that the difference underlying the two rulings was in the excavation of legal sources by judges in their legal considerations.
Co-Authors Ilham Dwi Rafiqi Ilham Dwi Rafiqi Mia Hadiati Sirajuddin Sirajuddin Sunarto Efendi