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Integrasi Sistem Peradilan Pemilihan Umum melalui Pembentukan Mahkamah Pemilihan Umum Moch. Marsa Taufiqurrohman; Jayus Jayus; A'an Efendi
Jurnal Konstitusi Vol 18, No 3 (2021)
Publisher : The Constitutional Court of the Republic of Indonesia

Elections that do not end only in counting votes, and instead have to be resolved in the judiciary, have unwittingly become a measure that can legitimize and assess the quality of democracy. This situation confirms that the existence of a judicial institution has become an important part of the sustainability of the election process. This research tries to re-evaluate the implementation process of the Election justice system in Indonesia. By using doctrinal normative legal research collaborated with the Reform Oriented Research method, this study found the problems faced in the Electoral justice system in Indonesia. These problems include the tug of war over regional head election dispute resolution, disintegration and overlapping authority for resolving general election disputes, the accumulation of Election disputes in the Constitutional Court, as well as problems regarding recall system for DPR members by political parties. In resolving these problems, this study offers an idea in the form of integrating the entire Election dispute resolution process in a Supreme Election Court. The Supreme Election Court will be positioned parallel to the Constitutional Court and Supreme Court. The Supreme Election Court has the authority to judge at the first and last levels whose decisions are final and binding to decide on violations of the code of ethics of Election administrators, violations of Election administration, election process disputes, election crimes, over results disputes and post-election disputes

Perluasan Kewenangan Komisi Penyiaran Indonesia Terhadap Pengawasan Media Digital Moch. Marsa Taufiqurrohman; Jayus Jayus; A'an Efendi
Jurnal Konstitusi Vol 19, No 1 (2022)
Publisher : The Constitutional Court of the Republic of Indonesia

The problem of broadcasting is very complex, consisting of the definition and supervision of broadcasting which is still unclear and the authority of KPI is still weak to supervise digital media. The research objectives are: First, to look at the legal problems of the Indonesian Broadcasting Commission in supervising Digital Media. Second, the concept and practice of broadcasters on digital media surveillance in other countries. Third, the design of the Indonesian Broadcasting Commission's supervision of digital media supervision. The results of the study show that first, there are still legal problems with the position of KPI on digital media supervision. Second, digital media surveillance in Germany and Australia has been quite advanced which has strictly regulated broadcasting in digital with an integrated system. Third, the design is carried out by strengthening KPI institutions, institutional integration, and the "legislative convergence" approach.

The Use of Necessitas Non Habet Legem and Wederspanningheid in Law Enforcement for Covid-19 Vaccination in Indonesia Moch. Marsa Taufiqurrohman; Muhammad Toriq Fahri; Robi Kurnia Wijaya; I Gede Putu Wiranata
Jurnal Penelitian Hukum De Jure Vol 21, No 4 (2021): December Edition
Publisher : Law and Human Rights Policy Strategy Agency, Ministry of Law and Human Rights of The Repub

The majority of scientific research in the world agrees that vaccination is a vital instrument that aims to solve the problem of the Covid-19 pandemic. In achieving this goal, the government is trying to ensure that vaccinations run as they should. Even though it is regulated in laws and regulations, the enforcement of vaccination law is not easy to implement. This article aims to examine the formulation of the legal basis that can ensure effective enforcement of vaccination law in Indonesia. By using normative legal research, this study aims to answer several problems. First, is vaccination a right or obligation for every citizen? Second, what are the legal bases that can be used to enforce the vaccination law in Indonesia? Third, what is the state’s responsibility for adverse events following vaccination in return for the vaccination obligation? This article provides a view that the principle of emergency reason does not know the law (necessitas non habet legem) can be an indicator of a shift in vaccination status which was originally only a right to become obligation. In addition, the wederspanningheid article in the Criminal Code (KUHP) regarding resistance to officers carrying out state obligations can be the legal basis for enforcing vaccination law. Furthermore, the enforcement of vaccination law must also go hand in hand with the state’s responsibility for adverse events following vaccination. Responsibilities can be in the form of vaccine testing, treatment, care, and court lawsuits if there is a default or unlawful act.

Integrasi Sistem Peradilan Pemilihan Umum melalui Pembentukan Mahkamah Pemilihan Umum Moch. Marsa Taufiqurrohman; Jayus Jayus; A'an Efendi
Jurnal Konstitusi Vol. 18 No. 3 (2021)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Elections that do not end only in counting votes, and instead have to be resolved in the judiciary, have unwittingly become a measure that can legitimize and assess the quality of democracy. This situation confirms that the existence of a judicial institution has become an important part of the sustainability of the election process. This research tries to re-evaluate the implementation process of the Election justice system in Indonesia. By using doctrinal normative legal research collaborated with the Reform Oriented Research method, this study found the problems faced in the Electoral justice system in Indonesia. These problems include the tug of war over regional head election dispute resolution, disintegration and overlapping authority for resolving general election disputes, the accumulation of Election disputes in the Constitutional Court, as well as problems regarding recall system for DPR members by political parties. In resolving these problems, this study offers an idea in the form of integrating the entire Election dispute resolution process in a Supreme Election Court. The Supreme Election Court will be positioned parallel to the Constitutional Court and Supreme Court. The Supreme Election Court has the authority to judge at the first and last levels whose decisions are final and binding to decide on violations of the code of ethics of Election administrators, violations of Election administration, election process disputes, election crimes, over results disputes and post-election disputes

Perluasan Kewenangan Komisi Penyiaran Indonesia Terhadap Pengawasan Media Digital Moch. Marsa Taufiqurrohman; Jayus Jayus; A'an Efendi
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/jk1916

The problem of broadcasting is very complex, consisting of the definition and supervision of broadcasting which is still unclear and the authority of KPI is still weak to supervise digital media. The research objectives are: First, to look at the legal problems of the Indonesian Broadcasting Commission in supervising Digital Media. Second, the concept and practice of broadcasters on digital media surveillance in other countries. Third, the design of the Indonesian Broadcasting Commission's supervision of digital media supervision. The results of the study show that first, there are still legal problems with the position of KPI on digital media supervision. Second, digital media surveillance in Germany and Australia has been quite advanced which has strictly regulated broadcasting in digital with an integrated system. Third, the design is carried out by strengthening KPI institutions, institutional integration, and the "legislative convergence" approach.

ADOPTING OSMAN WARNING IN INDONESIA: AN EFFORT TO PROTECT POTENTIAL VICTIMS OF CRIME TARGET Moch. Marsa Taufiqurrohman
Jurnal Hukum dan Peradilan Vol 11, No 3 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.3.2022.477-498

In the development of criminal law globally, experts believe that preventing crime is much better than taking action. This article exemplifies several criminal cases, especially serial murder cases in Indonesia, which show the lack of quality in the crime prevention system in Indonesia. In line with these consequences, this article considers that Indonesia needs a kind of “warning” system to increase efforts to prevent crimes. Furthermore, this article refers to the experience of implementing the Osman Warning in the UK, improving the quality of crime prevention. This article concludes that there are many problems in the crime prevention system in Indonesia. In responding to these problems, this article aims to answer three concerns. First, what are the difficulties in preventing crime in Indonesia? Second, what is the extent of the obligations of law enforcement in preventing crimes? Third, what is the probability of adopting the Osman Warning concept in Indonesia? Furthermore, this article claims that the probability of implementing the Osman Warning in Indonesia is relatively high and is suitable for implementation. Finally, this article provides a view that special regulations are needed in the laws and rules to accommodate the Osman Warning in the criminal law system in Indonesia.

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