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All Journal STAATSRECHT: Indonesian Constitutional Law Journal STAATSRECHT: Indonesian Constitutional Law Journal JOURNAL of LEGAL RESEARCH
A Salman Maggalatung
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Eksistensi Calon Perseorangan Dalam Pemilukada di Indonesia Ronaldo Adhi Perdana; A Salman Maggalatung
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 1 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i1.13004

Abstract

Abstract.Every citizen has the right to get the same opportunity in government. Therefore, the state must facilitate the rights of its citizens, because it is regulated in the constitution. This study uses normative legal research methods and literature studies. The results showed that the existence of individual candidates in the political and democratic system occurred because Law No. 32/2004 on Regional Government only limited and facilitated candidates for regional heads who came from political parties only. Individual candidates in the post-conflict local election in Indonesia are insignificant because one of them is the regulation governing individual candidates considered burdensome for individual candidates, even though the individual candidates have been regulated in the 1945 Constitution and strengthened by the Constitutional Court Decision Number 5/PUU-V/2007 which is the political right of the community to be chosen as a form of democracy and human rights. Deparpolization is caused by a decrease in public trust in political parties, so that people look for other political channels and provide space for people who do not have political vehicles, which are expected to be able to answer the deadlock of political parties so that their political rights can run well.Keywords: Individual Candidates, Democracy, Political Parties, General Election.
Kedudukan Kepolisian Republik Indonesia Sebagai Pelaksana Tugas Gubernur Dalam Sistem Pemerintahan Di Indonesia Desy Purwaningsih; A Salman Maggalatung
JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i1.11905

Abstract

Abstract:The Minister of Home Affairs involves an active police officer to occupy a position in the government, without retiring or quitting his position in the police. Security in West Java when the 2018 regional election was the reason for the Ministry of Home Affairs to appoint M Iriawan as Acting. Governor. In addition, as a police officer, he should maintain his neutrality as a tool of national security and defense in accordance with Article 28 Paragraph (1) of Law Number 2 Year 2002 concerning the National Police of the Republic of Indonesia. Active police officers who occupy positions in government make the public and legal experts worry and doubt their neutrality as state officials. Polri which is responsible for policy and neutrality from practical political activities, for state security does not have to go directly into the government, because every element of the institution in Indonesia must have their respective duties and authorities that must be in accordance with the procedureKeyword: Acting Governor. Active Police Officer
Legalitas Anggota TNI Aktif Dalam Rangkap Jabatan Sipil: Studi Terhadap Undang-Undang Nomor 34 Tahun 2004 Tentang Tentara Nasional Indonesia Muhammad Adlan Kamil; A Salman Maggalatung; Feni Arifiani
JOURNAL of LEGAL RESEARCH Vol 4, No 2 (2022)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v4i2.21921

Abstract

The question of active TNI members holding civilian positions has sparked much controversy. The TNI's right to shape Indonesia's future, the accumulation of non-job TNI officers, and the government's direct policy of asking active TNI members to choose civilian jobs were cited as major factors. To explain the role, status, and function of Indonesia's TNI in the country's constitutional system and the legality of TNI personnel working in parallel civilian occupations. This study use the statute technique for formative and library research. This approach to legislation references Law 34 of 2004 on the Indonesian National Army and TAP MPR Number VII/MPR/2000 on the role of the TNI and POLRI. The study's legal experts' doctrine or theory is called the conceptual approach. This research found that many civilian positions held by active TNI members are illegal. State Security, Presidential Military Secretary, State Intelligence; National Code; National Defence Institutions; and the National Defence Council are the only TNI disciplines that allow concurrent TNI positions. SAR. and the Supreme Court are not included. Many TNI members currently work in jobs that do not fit this description.
Eksistensi Calon Perseorangan Dalam Pemilukada di Indonesia Ronaldo Adhi Perdana; A Salman Maggalatung
STAATSRECHT: Indonesian Constitutional Law Journal Vol 3, No 1 (2019)
Publisher : UIN JAKARTA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/siclj.v3i1.13004

Abstract

Abstract.Every citizen has the right to get the same opportunity in government. Therefore, the state must facilitate the rights of its citizens, because it is regulated in the constitution. This study uses normative legal research methods and literature studies. The results showed that the existence of individual candidates in the political and democratic system occurred because Law No. 32/2004 on Regional Government only limited and facilitated candidates for regional heads who came from political parties only. Individual candidates in the post-conflict local election in Indonesia are insignificant because one of them is the regulation governing individual candidates considered burdensome for individual candidates, even though the individual candidates have been regulated in the 1945 Constitution and strengthened by the Constitutional Court Decision Number 5/PUU-V/2007 which is the political right of the community to be chosen as a form of democracy and human rights. Deparpolization is caused by a decrease in public trust in political parties, so that people look for other political channels and provide space for people who do not have political vehicles, which are expected to be able to answer the deadlock of political parties so that their political rights can run well.Keywords: Individual Candidates, Democracy, Political Parties, General Election.
Co-Authors Desy Purwaningsih Feni Arifiani Muhammad Adlan Kamil Ronaldo Adhi Perdana