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Calon Tunggal Pilkada: Krisis Kepemimpinan dan Ancaman Bagi Demokrasi Rofi Aulia Rahman; Iwan Satriawan; Marchethy Riwani Diaz
Jurnal Konstitusi Vol. 19 No. 1 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1913

The single candidate became a political phenomenon in Indonesia. However, the phenomenon rarely happens, consistently increasing the number of single candidates in the local election. This research aims to analyze whether this political phenomenon alerts democracy decadency or a typical circumstance in a democratic state. The method used in this research is doctrinal legal research. The result shows several reasons the single candidate consistently increases from event-to-event sort of an epidemic virus that could spread across the province. Some factors supporting the rise of the single-candidate phenomenon, for instance, the local parliamentary threshold of proposing the candidate, public distrust to the political parties, disfunction of a political party to giving a political education for its members and constituents, and the political parties tend to avoid the political risks of losing (incumbent). Finally, this single candidate phenomenon is a bad alert for democracy development, notably in the local area.

PENINGKATAN PERAN PIMPINAN CABANG ISTIMEWA MUHAMMADIYAH DALAM INTERNASIONALISASI GERAKAN MUHAMMADIYAH Iwan Satriawan; Tanto Lailam; Nita Andrianti
JMM (Jurnal Masyarakat Mandiri) Vol 6, No 4 (2022): Agustus
Publisher : Universitas Muhammadiyah Mataram

Abstrak: Program pengabdian internasional ini memfokuskan pada penguatan internasionalisasi gerakan Muhammadiyah bagi mitra pengabdian Pimpinan Cabang Istimewa Muhammadiyah Jerman (Muhammadiyah Deutschland e.V) dengan jumlah peserta utama 25 kader. Latar belakang program ini terkait beberapa problem lemahnya pemahaman internasionalisasi gerakan dakwah. Tujuan program ini adalah meningkatkan pemahaman internasionalisasi gerakan Muhammadiyah sebagai upaya memperkuat posisi strategis PCIM pada level internasional, dan tentunya secara kelembagaan PCIM dapat diakui oleh pemerintah negara setempat (status hukum), dan memiliki amal usaha sebagai basis finansial. Metode pelaksanaan pengabdian dilakukan dengan M3RR (Musyawarah dan Rencana Program, Realisasi dengan metode Focus Group Discussion, dan Rawat (Evaluasi dan Monitoring). Hasil dari pengabdian ini adalah meningkatkan pemahaman peserta aktif sebesar 9% dari rata-rata persentase pemahaman sebelum pelaksanaan sebesar 82% dan setelah pelaksanaan sebesar 91% (sangat baik). Artinya bahwa peserta mampu memahami internasionalisasi gerakan Muhammadiyah secara sangat baik, penguatan kelembagaan dan amal usaha, strategi rekrutmen kader, meningkatkan pemahaman bagaimana membangun narasi Islam berkemajuan pada level internasional melalui media digital.Abstract: The international community service program focuses on strengthening the internationalization of the Muhammadiyah movement for community partners of the Muhammadiyah Deutschland e.V (PCIM Jerman) with 25 participants/ cadres. The background of this program is related to several problems of the weak understanding of the internationalization movement. It is to strengthen knowledge the strategic position of PCIM at the international level and, of course, the legal status of PCIM from the state government and a charitable business. The method of community service by M3RR (Deliberation and Program Plans, Realization with the Focus Group Discussion, and Treatment (Evaluation and Monitoring) method. The result of this service is to increase the understanding of active participants by 9%, from the average percentage of understanding before implementation (82%) to 91% (excellent) after implementation, which means that participants can understand the internationalization of the Muhammadiyah movement very well, strengthen institutions and business charities, cadre recruitment strategies, increase understanding of how to build a progressive Islamic narrative at the international level through digital media.

Problematika Pengawasan Tindak Lanjut Putusan Bawaslu dan DKPP dalam Penegakan Hukum Pemilu Rofi Aulia Rahman; Iwan Satriawan; Marchethy Riwani Diaz
Jurnal Konstitusi Vol. 19 No. 4 (2022)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk1948

Bawaslu is tasked with supervising the implementation of Bawaslu and DKPP decisions which must be followed up by KPU. The contrary of that during general elections in 2019 has created complications in the electoral law enforcement system. The research is focused to determine the legal certainty of follow-up to Bawaslu and DKPP decisions and form and scope of Bawaslu’s supervision of the follow-up. This is a qualitative descriptive analytical research with a normative and empirical juridical approach. The results indicate that in the implementation of Bawaslu and DKPP decisions is no legal certainty. The Constitutional Court have statement that the final and binding of DKPP decision applies to KPU, Bawaslu and President and its implementation is monitored by Bawaslu. The Bawaslu Regulation also does not accommodate in detail the mechanism for monitoring the follow-up, so it is necessary to have the regulation specifically.

Problematika Pengawasan Tindak Lanjut Putusan Bawaslu dan DKPP dalam Penegakan Hukum Pemilu Rofi Aulia Rahman; Iwan Satriawan; Marchethy Riwani Diaz
Jurnal Konstitusi Vol 19, No 4 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

Bawaslu is tasked with supervising the implementation of Bawaslu and DKPP decisions which must be followed up by KPU. The contrary of that during general elections in 2019 has created complications in the electoral law enforcement system. The research is focused to determine the legal certainty of follow-up to Bawaslu and DKPP decisions and form and scope of Bawaslu’s supervision of the follow-up. This is a qualitative descriptive analytical research with a normative and empirical juridical approach. The results indicate that in the implementation of Bawaslu and DKPP decisions is no legal certainty. The Constitutional Court have statement that the final and binding of DKPP decision applies to KPU, Bawaslu and President and its implementation is monitored by Bawaslu. The Bawaslu Regulation also does not accommodate in detail the mechanism for monitoring the follow-up, so it is necessary to have the regulation specifically.

Internet Shutdown in Indonesia: An Appropriate Response or A Threat to Human Rights? Iwan Satriawan; Tareq Muhammad Aziz Elven; Tanto Lailam
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.1018.pp19-46

In recent years, there has been an increase in the use of harsh censorship in several parts of the globe, notably Africa and Asia. In some cases, the shutdown may be justified, but in other cases, it is driven by the political interest of the regime. The research evaluates the Internet shutdowns in the post-2019 presidential election in Indonesia and during the social unrest in Papua Island. Using normative legal research, which uses statute, case, and comparative approach concludes that although Internet shutdowns in some situations are tolerable, their usage should be less frequent and more restricted. These explanations must be examined using legality, legitimacy, and proportionality principles to limit official arguments for Internet shutdowns because they infringe on human rights. However, since no enforcement mechanism exists, this is only a formality. The Indonesian government's decision to block Internet access to social media platforms during the 2019 presidential election riots and Papua social unrest is not an appropriate response because the decision violates the principles of declaration, proportionality, necessity, and legality, which must be respected even in an emergency situation. Furthermore, the ruling infringed on the civil rights to information controlled by Article 19 of the ICCPR as adopted by Law Number 12 of 2005. It also harmed several industries, including digital-based commerce. The research proffers alternative Internet policy choices for the government in response to the political escalation and social unrest.

Internet Shutdown in Indonesia: An Appropriate Response or A Threat to Human Rights? Iwan Satriawan; Tareq Muhammad Aziz Elven; Tanto Lailam
Sriwijaya Law Review Volume 7, Issue 1 January 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss1.1018.pp19-46

In recent years, there has been an increase in the use of harsh censorship in several parts of the globe, notably Africa and Asia. In some cases, the shutdown may be justified, but in other cases, it is driven by the political interest of the regime. The research evaluates the Internet shutdowns in the post-2019 presidential election in Indonesia and during the social unrest in Papua Island. Using normative legal research, which uses statute, case, and comparative approach concludes that although Internet shutdowns in some situations are tolerable, their usage should be less frequent and more restricted. These explanations must be examined using legality, legitimacy, and proportionality principles to limit official arguments for Internet shutdowns because they infringe on human rights. However, since no enforcement mechanism exists, this is only a formality. The Indonesian government's decision to block Internet access to social media platforms during the 2019 presidential election riots and Papua social unrest is not an appropriate response because the decision violates the principles of declaration, proportionality, necessity, and legality, which must be respected even in an emergency situation. Furthermore, the ruling infringed on the civil rights to information controlled by Article 19 of the ICCPR as adopted by Law Number 12 of 2005. It also harmed several industries, including digital-based commerce. The research proffers alternative Internet policy choices for the government in response to the political escalation and social unrest.

Paradigm Shift in Nomination Thresholds and Electoral Justice Reconstruction: An Analysis of Constitutional Court Decision Number 60/PUU-XXII/2024 Junaidin; Iwan Satriawan; Nanik Prasetyoningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.7100

This research aims to comprehensively examine the ratio decidendi of Constitutional Court (MK) Decision Number 60/PUU-XXII/2024, focusing on its relevance to the theory of electoral justice. This research uses a descriptive-analytical normative legal approach, a literature review of primary and secondary legal materials, and an in-depth qualitative analysis. The main findings indicate that Constitutional Court (MK) Decision Number 60/PUU-XXII/2024 marks a fundamental paradigm shift in determining regional head nomination thresholds, moving from a seat/vote acquisition basis to a population size basis, which aims to reconstruct procedural and distributive justice in the electoral system. This shift addresses distortions in nomination access that previously favoured established parties, creating a more level playing field and enhancing representation and choice for voters. The usefulness of this research is to help understand how nomination thresholds can cause procedural injustice and how judicial intervention can correct these distortions. By examining the shift in thresholds to a population basis, this research highlights how the Constitutional Court's decision can change the philosophy of nominations, encourage healthier participation and competition, and strengthen the legitimacy of election results. It also shows how court decisions can reshape the distribution of political opportunities.

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