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A'an Efendi
University of Jember
Humanities Law, Crime, Criminology & Criminal Justice Other

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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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (441.681 KB) | DOI: 10.31078/jk1834

Abstract

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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1117.231 KB) | DOI: 10.31078/jk1916

Abstract

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.
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

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (117.698 KB) | DOI: 10.31078/jk1834

Abstract

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

Abstract

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.
Co-Authors Jayus Jayus Moch. Marsa Taufiqurrohman