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All Journal Jurnal Akta International Journal of Law Reconstruction Musamus Law Review
Fradhana Putra Disantara
Magister Ilmu Hukum, Fakultas Hukum, Universitas Jember, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Construction Law System and Purification of Limitation from Bawaslu’s Authority Mustakim Mustakim; Fradhana Putra Disantara
JURNAL AKTA Vol 9, No 1 (2022): March 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i1.20645

Abstract

The aim of this research is analize Article 1 number 17 of Act No. 7 of 2017 concerning General Elections on the General Election Supervisory Agency (Bawaslu) as an election supervisory agency oriented towards monitoring the 'validity of the people's voice' and despite gaining strong legitimacy based on existing regulations. However, Bawaslu has several obstacles, including the issue of the enigma of Bawaslu's authority to give decisions related to the post-constitutional election decision from the Constitutional Court. This research methods was legal research using a conceptual approach and legislation based on three types of legal materials, namely primary legal materials, secondary legal materials, and non-legal materials. The results of this legal research show that when viewed from the aspect of structure, substance, and legal culture; the expansion of Bawaslu's authority has the potential to make Bawaslu less than optimal as well as to create overlapping powers between law enforcers; therefore, the aspects of professionalism and leadership must support it. In addition, the purification of the authority of Bawaslu is essential to optimize the duties and authorities of Bawaslu so that Bawaslu does not need to focus on expanding its authority.
THE IMPLEMENTATION OF DIPLOMATIC LEGAL PRINCIPLES: GERMAN EMBASSY STAFF VISITING ISLAMIC DEFENDERS FRONT (FPI) HEADQUARTERS CASE Fradhana Putra Disantara
International Journal of Law Reconstruction Vol 5, No 1 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i1.13636

Abstract

This legal research uses a conceptual approach and statue approach; by using primary and secondary legal materials. The purpose of this legal research is to describe the principles of diplomatic law and their application to the case of actions of German Embassy staff who have visited the headquarters of the Islamic Defenders Front (FPI). The results of this study indicate that diplomatic law is a system containing various principles of international law to regulate diplomatic relations between countries with universal approvement. Then, the development of diplomatic law is very progressive; marked by various conventions and codifications to create holistic norms. Furthermore, the actions of German Embassy staff visiting FPI headquarters cannot be justified by diplomatic law. This is because the potential acts of espionage by German Embassy staff also target the violation of the principle of non-intervention. Hence, on diplomatic law; violation of the principle of non-intervention creates persona non grata consequences.
The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights? Fradhana Putra Disantara
Musamus Law Review Vol 3 No 2 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i2.3572

Abstract

The freedom of association is one of the fundamental rights of a country. However, in Indonesia, the problems regarding of the legitimacy and recognition of the right to freedom of association have become stronger after the issuance of a The Joint Ministerial Decree (SKB) regarding the dissolution of the Islamic Defenders Front (FPI). This research is a legal research. This research uses statutory and conceptual approaches by using primary and secondary legal materials. The two legal materials are inventoried in order to obtain a prescriptive legal analysis; as well as providing a holistic conceptual study of the legal issues discussed. The research result states that the dissolution of FPI by the government is an act that violates human rights, particularly the right to freedom of association. The government uses the doctrine of the militant democracy to dissolve FPI. Then, the dissolution of FPI by SKB contradicts by the principle of the rule of law. Therefore, the dissolution of FPI was not carried out through to the court. Therefore, it is necessary to follow up on the action against 'radical mass organizations' in the form of presidential regulations or government regulations as a derivative renewal of the regulations concerning mass organizations.
The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights? Fradhana Putra Disantara
Musamus Law Review Vol 3 No 2 (2021): MuLaRev
Publisher : Faculty of Law, Musamus University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35724/mularev.v3i2.3572

Abstract

The freedom of association is one of the fundamental rights of a country. However, in Indonesia, the problems regarding of the legitimacy and recognition of the right to freedom of association have become stronger after the issuance of a The Joint Ministerial Decree (SKB) regarding the dissolution of the Islamic Defenders Front (FPI). This research is a legal research. This research uses statutory and conceptual approaches by using primary and secondary legal materials. The two legal materials are inventoried in order to obtain a prescriptive legal analysis; as well as providing a holistic conceptual study of the legal issues discussed. The research result states that the dissolution of FPI by the government is an act that violates human rights, particularly the right to freedom of association. The government uses the doctrine of the militant democracy to dissolve FPI. Then, the dissolution of FPI by SKB contradicts by the principle of the rule of law. Therefore, the dissolution of FPI was not carried out through to the court. Therefore, it is necessary to follow up on the action against 'radical mass organizations' in the form of presidential regulations or government regulations as a derivative renewal of the regulations concerning mass organizations.
Co-Authors Mustakim Mustakim