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All Journal Borneo Law Review Journal Jurnal Akta Yudisia
Mohammad Ilham Agang
Fakultas Hukum Universitas Borneo Tarakan
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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PEMBATASAN MASA JABATAN KEPALA DAERAH DI NEGARA REPUBLIK INDONESIA Mohammad Ilham Agang
Borneo Law Review Volume 2, No 2, Desember 2018
Publisher : Fakultas Hukum Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/bolrev.v2i2.726

Abstract

In accordance with legal issues that have been defined, the findings of this research are (1) the term of office of the head of the region should be limited so that the head region can carry out their duties and functions well as mandated in legislation. It also to prevent abuse of authority; (2) The principle of term limits of heads of regions in Indonesia within the framework of the democratic constitutional state in achieving good governance is that the position of head of the region is limited by time, the substance of the authority and the place or location. In order to run a good political education and consider the moral aspects, the head of region post should be clearly limited in term of its period. (3) The law setting of term limit of head of region in Indonesia under article 7 letters N and O of act number 8 of 2015 concerning election of governors, regents, and mayors clearly noted that they never serve yet as governor, regent and mayor for two period at the same position. The law is very clear that the head and deputy head of the region can only serve two times period and thereafter cannot be re-elected because it is at risk to misuse the authority and tend to perform acts of maladministration. Based on the findings above, this dissertation suggests at least three points (1) the term of office of the head of the region should be limited so that the head region can carry out their duties and functions well as mandated in legislation. It also to prevent abuse of authority; (2) The principle of term limits of heads of regions in Indonesia should be clarified in detail to prevent multiple interpretations among people that ultimately lead to polemic that may interfere the Indonesian government performance. (3) There must be clear legal sanctions against the head of region candidate who violates the requirements to run for election as the head of the region based on Law No. 8 of 2015 concerning Election of governors, regents, and mayors.
EFEKTIFITAS LEMBAGA SENTRA PENEGAKAN HUKUM TERPADU (GAKUMDU) DALAM MENEGAKKAN KEADILAN PEMILU Muhammad Ilham Agang
JURNAL AKTA YUDISIA Vol 4, No 1 (2019): Jurnal Akta Yudisia Volume 4 Nomor 1
Publisher : Universitas Borneo Tarakan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35334/ay.v4i1.1025

Abstract

 Abstract Elections are a tangible form of the concept of democracy which is believed to be one form of carrying out government through a "Party" Democracy which should be a party of people who rejoice and have high expectations of the simultaneous election implementation in 2019. Gakumdu as an integrated law enforcement center has an important role in handling election criminal acts. In Article 486 point (1) of Law No. 7 of 2017 explicitly explained the establishment of Gakkumdu intends to equalize the understanding and pattern of handling election criminal acts by the Bawaslu, the Indonesian National Police, and the Attorney General's Office of the Republic of Indonesia. The Gakkumdu members themselves come from the Indonesian National Police and prosecutors from the Indonesian Attorney General's Office.In this paper the central issue is the effectiveness of the integrated Law Enforcement Center (Gakkumdu) in handling every election crime that occurs in each stage of the 2019 General Elections, including seeing what are the problems faced by the Gakkumdu center and what efforts are being made to strengthen the Gakkumdu center.The holding of elections conducted in Indonesia, evidently the procedures and mechanism of elections also influence changes in behavior of both participants, implementers, organizing elections as well as several government and judicial institutions. As for the objects of the formulation of election criminal offenses as formulated in Law Number 7 of 2017 Concerning General Elections, which are classified in line with several qualifications of actions, such as: Criminal acts aimed at everyone, Criminal acts that can be carried out by KPU officers, KPU Province, Regency / City KPU, PPK, PPS and PPLN, made in crimes aimed at implementing the campaign, Criminal acts aimed at election participants proven to receive donations and / or assistance, Criminal acts aimed at state officials / government officials and judicial institutions , Criminal acts aimed at ballot printing companies.
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