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All Journal Journal of Humanity Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Hasanuddin Law Review Widya Yuridika Substantive Justice International Journal of Law Nagari Law Review Awang Long Law Review Unes Law Review Gorontalo Law Review Jurnal Konstitusi Yuridika
Aminuddin Ilmar
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Arts Humanities Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences

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Rise and Fall of Democracy in Regional Government: From Assignment to Election Hakim, Muhammad Zulfan; Moenta, Andi Pangerang; Jamal, Fazil; Ilmar, Aminuddin; Ilyas, Anshori; Irwansyah, Irwansyah
Yuridika Vol. 39 No. 3 (2024): Volume 39 No 3 September 2024
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v39i3.59821

Abstract

Indonesia has been trying to develop democracy since the early independence. Assignment of the head of the region conducted from 1945 to 1999. After the big reformation in 1999, which started in 2004, Indonesia started a new chapter with the direct election model for regional heads. This research tries to find the philosophy of Indonesia’s choice to select its regional leader according to the law provided. The research is normative research with a conceptual and comparative approach. The results show that the election of regional leaders in Indonesia has not always been in line with the sovereignty of the people and the concept of democracy. Political choice has had a very significant impact. However, as it turns out into practice, as an emerging country in South East Asia, even though an assignment and not by the general election, leaders or regional heads are also considered as democratic as long as it is still on the path of openness, fair game and also according to people’s approval, including if it comes from the regional representative’s choice of candidates.
Dynastic Politics in Regional Elections: Challenges to Democracy and the Need for Legal Reform in Indonesia: Politik Dinasti dalam Pemilihan Kepala Daerah: Tantangan terhadap Demokrasi dan Urgensi Reformasi Hukum di Indonesia Mutawalli Mukhlis, Muhammad; Ilmar, Aminuddin; Maskun, Maskun; Aswanto, Aswanto; Tajuddin, Muhammad Saleh
Jurnal Konstitusi Vol. 21 No. 4 (2024)
Publisher : Constitutional Court of the Republic of Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31078/jk2143

Abstract

Dynastic politics, practiced by certain groups of individuals with kinship ties or close relationships, dominate political positions in regional head elections and local government administration processes. This phenomenon persists due to the lack of concrete regulations, thereby normalizing it as a political practice in Indonesia. This study aims to elaborate on the facts surrounding dynastic political practices, examine how such practices undermine the democratic ideals envisioned by the people, and propose prospective regulatory frameworks to address this issue. The research employs a normative juridical method with statutory, historical, and conceptual approaches. The findings reveal that dynastic political practices harm the democratic system and tend to be more formalistic rather than providing a genuine opportunity for the people to elect leaders aligned with their will. To prevent such practices in the future, the government, the legislature, and election organizers must collaborate to formulate concrete regulatory norms in the Regional Head Election Law.
Periodization of General Elections: Ideas and Refinements in Indonesia Mutawalli, Muhammad; Naswar, Naswar; Ilmar, Aminuddin; Lohalo, Georges Olemanu
Susbtantive Justice International Journal of Law Vol 6 No 2 (2023): Substantive Justice International Journal of Law
Publisher : Faculty of Law, Universitas Muslim Indonesia, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/substantivejustice.v6i2.245

Abstract

General election is one part of the practice of democracy in Indonesia. In this case, the general election is a manifestation of people's sovereignty. In general, the principles of elections include the principles of direct, public, free, confidential, honest and fair. This research seeks to explore legal constructions related to the periodic principle of general elections which must be held periodically every five years, which is a separate principle in general elections. This research is normative legal research with a statutory and conceptual approach. The results of the study confirm that to achieve and ensure that general elections are held a justice process and proportionally, the orientation of legal construction on the periodic principle has actually been explicitly stated in the 1945 Constitution of the Republic of Indonesia and is based on a systematic interpretation. In this case, in terms of periodic aspect orientation, it is part of the general election principle that is obligatory and must be implemented. This has the implication that the principles of general elections include the principles of direct, general, free, confidential, honest and fair, and must be held periodically for five years. In this case, the principle of periodicity occupies an important position in the holding of general elections.
FUNGSI PENGAWASAN DPRD TERHADAP PEMERINTAH DAERAH DALAM MEWUJUDKAN APARATUR PEMERINTAH DAERAH YANG BERINTEGRITAS UNTUK KESEJAHTERAAN RAKYAT Arsyi Jailolo, Muhammad; Ilmar, Aminuddin; Ilyas, Anshori
UNES Law Review Vol. 5 No. 4 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v5i4.486

Abstract

This study aims to examine the effectiveness of the supervisory function of the Makassar City DPRD on the performance of the Makassar City Government itself as an ideal variable aspect of regional government administration. This research was conducted at the Makassar City DPRD and Makassar City Government. The time of this research is for two months (February to March 2023). This study uses an empirical-qualitative method and uses primary data collected by giving questions in the form of interviews to respondent representatives from DPRD and Makassar City Government. Furthermore, the method of data analysis was systematically inventoried and then the content material was analyzed using an analytical conceptual approach with qualitative analysis. The results of this study indicate that the substance of the DPRD's oversight function in Makassar City runs with the process of budgeting, legislation, and supervising the enforcement of local regulations. the implementation mechanism is by monitoring evaluation and absorption of community aspirations. The obstacle is that not all DPRD recommendations are implemented by the Makassar City Government. The problem lies in the firmness of human resources in the Makassar City DPRD
PEMBERHENTIAN TIDAK DENGAN HORMAT APARATUR SIPIL NEGARA DALAM KASUS TINDAK PIDANA KORUPSI Erawan, Dhani I Ihza; Ilmar, Aminuddin; Mirzana, Hijrah Adhyanti
Gorontalo Law Review Vol 7, No 1 (2024): Gorontalo Law Review
Publisher : Universitas Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32662/golrev.v7i1.2904

Abstract

This study aims to analyze the dishonorable dismissal of state civil servants in corruption cases. This type of research is the type of research used is normative juridical research. The approach used is) in this study, namely the statutory approach (statute approach), case approach (case approach), and conceptual approach (conceptual approach). The results of this study are based on the original intent of the former of Law no. 43/1999, the Government's interpretation, and the interpretation of the legal norms of PTDH civil servants who committed criminal acts of office before the entry into force of the ASN Law, the enforcement of administrative sanctions does not have to be dishonorably dismissed as civil servants, but becomes the discretion of the PPK. PPK assesses and considers whether to be dishonorably discharged, honorably discharged not at his own request, or not dismissed with or without imposition of disciplinary punishment by taking into account the factors that encourage civil servants to do this and paying attention to the severity of the criminal sentence imposed. SKB 3 of the Minister is a policy regulation issued as an implementation guideline for PPK which regulates the honorable or dishonorable dismissal of civil servants who commit criminal acts of office crimes or crimes related to their positions based on court decisions that have permanent legal force. Second, the SKB 3 Ministers can be qualified as a legal juridical instrument (rechtmatig), unless it is enforced backwards (terugwerkend).
Co-Authors A. SURIYAMAN MUSTARI PIDE Abdullah Marlang Achmad Aini, Nurina ANDI WINDA SARI Anshori Ilyas Arsyi Jailolo, Muhammad Aswanto, Aswanto Bayu Satria Muis Ali Patong Cecep Kusmana Dafar Saidi, Dafar Eka Merdekawati Djafar, Eka Merdekawati Erawan, Dhani I Ihza Harustiati A. Moein Hayyi, Muhammad Akram Syarif Hijrah Adhyanti Mirzana Iin Karita Sakharina Ilyas, Anshori Irwansyah Irwansyah Jamal, Fazil Karim, Muhammad Said Lohalo, Georges Olemanu M. Zulfan Hakim Maskun Md. Khalid, Rasyikah Moenta, Andi Pangerang Muhammad Arsyi Jailolo Muhammad Ilham Arisaputra, Muhammad Ilham Muhammad Saleh Tajuddin Muhammad Yunus Wahid Mukhlis, Muhammad Mutawalli Mutawalli Mukhlis, Muhammad Mutawalli, Muhammad Naswar Naswar, Naswar Pan Mohamad Faiz Patonangi, Fitrinela Ririen Tri Amanda Ronny A. Maramis Sari, Sonia Sekar Slamet Sampurno, Slamet Zulkifli Aspan, Zulkifli Zulkifli Bonto, Zulkifli