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Abdul Basid Fuadi
The Constitutional Court of the Republic of Indonesia, Indonesia
Humanities Law, Crime, Criminology & Criminal Justice Other

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Politik Hukum Pengaturan Keserentakan Pemilu Abdul Basid Fuadi
Jurnal Konstitusi Vol 18, No 3 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (403.106 KB) | DOI: 10.31078/jk18310

Abstract

General elections in Indonesia have shifted a lot motivated by efforts to seek their ideal form. The last time, elections were held simultaneously by combining the five types of elections stipulated in Article 22E of the 1945 Constitution. The various complexities and challenges of the 2019 election should be evaluated. Elections basically have two main objectives, 1) to produce a government that represents every element in society; 2) create a government that is able to govern well. This paper discusses about the complexity and challenges of the 2019 simultaneous election and how the ideal election timing is designed. This research uses normative legal research methods (legal research) with two approaches: normative approach and conceptual approach. This study resulted, first, there were technical complications in the 2019 Concurrent Election, namely the workload of the organizers, especially the KPPS; a significant increase in the election budget; and voter confusion due to too many types of elections which implicated too many candidate lists. Second, the Constitutional Court has determined six electoral models as well as constitutional ones, and this can be considered as judicial law politics. Lawmakers must immediately act on the Constitutional Court's decision by amending the electoral law which adopts one of the simultaneous election models.
Perlindungan Hak Konstitusional Masyarakat Pesisir : Urgensi Harmonisasi Regulasi Pengelolaan Pesisir Terpadu Mohammad Mahrus Ali; Zaka Firma Aditya; Abdul Basid Fuadi
Jurnal Konstitusi Vol 17, No 4 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (391.14 KB) | DOI: 10.31078/jk1745

Abstract

Ten years ago, the Constitutional Court Decision Number 3/PUU-VIII/2010 confirmed that the granting of concession rights for coastal waters (after this: HP3) by the government to private parties was contrary against the constitution, especially Article 33 paragraph (4) of the 1945 Constitution. Legislators then respond to the decision to revise Law No. 27 of 2007 as Law No. 1 of 2014 on the Amendment of Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands. The revision has changed the HP3 regime from Law 27/2007 to the licensing regime in Law 1/2014. Unfortunately, these changes would lead to various juridical problems ranging from conflict between the laws and regulations under legislation that ultimately is potentially detrimental to the constitutional rights of coastal communities. This research focuses on juridical and sociological aspects related to the coastal communities protection of constitutional rights after the Constitutional Court Decision Number 3/PUU-VIII/2010. This research in-depth discusses the follow-up of the Constitutional Court decision a quo by legislators, central government, local governments, stakeholders, and the fulfilment of the constitutional rights of coastal communities. This research is normative legal research by examining the Constitutional Court decision Number 3/PUU-VIII/2010. The descriptive discussion used to understand coastal zone management law's politics to fulfil the constitutional rights of coastal communities. Besides, integrated coastal zone management (Integrated Coastal Zone Management) is a dynamic process, multidisciplinary, and repeated to promote sustainable coastal areas' sustainable management. It includes the whole cycle of information collection, planning, decision-making, management, and implementation monitoring.
Independensi Komisi Pemberantasan Korupsi Pasca Undang-Undang Nomor 19 Tahun 2019 Mohammad Mahrus Ali; Zaka Firma Aditya; Abdul Basid Fuadi
Jurnal Konstitusi Vol 18, No 2 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (445.757 KB) | DOI: 10.31078/jk1823

Abstract

Since its establishment, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi-KPK) has been designed as a state independent agency. The purpose of granting independence to the KPK is to guard against influence by any power. The second revision of the KPK Law through Law Number 19 of 2019 contains fundamental changes to the KPK institution, namely: the establishment of the Supervisory Board, the placement of the KPK in the executive branch, employment status, and examiner or investigator status. The revision not only limits the authority of the KPK but also creates an impact on the independence of the KPK. The principles of independence of the KPK, as typical of state independent agencies and anti-corruption agencies have faded through the regulation of Law Number 19 of 2019. The implication is that the KPK has an increasingly limited latitude and is not independent of the influence of other powers, particularly the executive. Without repositioning the KPK institution, the agenda for eradicating corruption will become gradually uncertain. Without restoring its independence, the existence of the KPK is increasingly losing relevance, because the President is actually in the lead of two other corruption eradication law enforcement agencies, namely the police and the prosecutor’s office.
Politik Hukum Pengaturan Keserentakan Pemilu Abdul Basid Fuadi
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (403.106 KB) | DOI: 10.31078/jk18310

Abstract

General elections in Indonesia have shifted a lot motivated by efforts to seek their ideal form. The last time, elections were held simultaneously by combining the five types of elections stipulated in Article 22E of the 1945 Constitution. The various complexities and challenges of the 2019 election should be evaluated. Elections basically have two main objectives, 1) to produce a government that represents every element in society; 2) create a government that is able to govern well. This paper discusses about the complexity and challenges of the 2019 simultaneous election and how the ideal election timing is designed. This research uses normative legal research methods (legal research) with two approaches: normative approach and conceptual approach. This study resulted, first, there were technical complications in the 2019 Concurrent Election, namely the workload of the organizers, especially the KPPS; a significant increase in the election budget; and voter confusion due to too many types of elections which implicated too many candidate lists. Second, the Constitutional Court has determined six electoral models as well as constitutional ones, and this can be considered as judicial law politics. Lawmakers must immediately act on the Constitutional Court's decision by amending the electoral law which adopts one of the simultaneous election models.
Perlindungan Hak Konstitusional Masyarakat Pesisir : Urgensi Harmonisasi Regulasi Pengelolaan Pesisir Terpadu Mohammad Mahrus Ali; Zaka Firma Aditya; Abdul Basid Fuadi
Jurnal Konstitusi Vol 17, No 4 (2020)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (391.14 KB) | DOI: 10.31078/jk1745

Abstract

Ten years ago, the Constitutional Court Decision Number 3/PUU-VIII/2010 confirmed that the granting of concession rights for coastal waters (after this: HP3) by the government to private parties was contrary against the constitution, especially Article 33 paragraph (4) of the 1945 Constitution. Legislators then respond to the decision to revise Law No. 27 of 2007 as Law No. 1 of 2014 on the Amendment of Law No. 27 of 2007 on the Management of Coastal Areas and Small Islands. The revision has changed the HP3 regime from Law 27/2007 to the licensing regime in Law 1/2014. Unfortunately, these changes would lead to various juridical problems ranging from conflict between the laws and regulations under legislation that ultimately is potentially detrimental to the constitutional rights of coastal communities. This research focuses on juridical and sociological aspects related to the coastal communities protection of constitutional rights after the Constitutional Court Decision Number 3/PUU-VIII/2010. This research in-depth discusses the follow-up of the Constitutional Court decision a quo by legislators, central government, local governments, stakeholders, and the fulfilment of the constitutional rights of coastal communities. This research is normative legal research by examining the Constitutional Court decision Number 3/PUU-VIII/2010. The descriptive discussion used to understand coastal zone management law's politics to fulfil the constitutional rights of coastal communities. Besides, integrated coastal zone management (Integrated Coastal Zone Management) is a dynamic process, multidisciplinary, and repeated to promote sustainable coastal areas' sustainable management. It includes the whole cycle of information collection, planning, decision-making, management, and implementation monitoring.
Independensi Komisi Pemberantasan Korupsi Pasca Undang-Undang Nomor 19 Tahun 2019 Mohammad Mahrus Ali; Zaka Firma Aditya; Abdul Basid Fuadi
Jurnal Konstitusi Vol. 18 No. 2 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (445.757 KB) | DOI: 10.31078/jk1823

Abstract

Since its establishment, the Corruption Eradication Commission (Komisi Pemberantasan Korupsi-KPK) has been designed as a state independent agency. The purpose of granting independence to the KPK is to guard against influence by any power. The second revision of the KPK Law through Law Number 19 of 2019 contains fundamental changes to the KPK institution, namely: the establishment of the Supervisory Board, the placement of the KPK in the executive branch, employment status, and examiner or investigator status. The revision not only limits the authority of the KPK but also creates an impact on the independence of the KPK. The principles of independence of the KPK, as typical of state independent agencies and anti-corruption agencies have faded through the regulation of Law Number 19 of 2019. The implication is that the KPK has an increasingly limited latitude and is not independent of the influence of other powers, particularly the executive. Without repositioning the KPK institution, the agenda for eradicating corruption will become gradually uncertain. Without restoring its independence, the existence of the KPK is increasingly losing relevance, because the President is actually in the lead of two other corruption eradication law enforcement agencies, namely the police and the prosecutor’s office.
Co-Authors Mohammad Mahrus Ali Zaka Firma Aditya