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All Journal Jurnal Hukum IUS QUIA IUSTUM Jurnal Konstitusi Varia Justicia Jurnal Konstitusi International Journal of Social Science, Education, Communication and Economics
Sri Hastuti Puspitasari
Universitas Islam Indonesia
Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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KEKUASAAN DAN DEMOKRASI Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 3 No. 6 (1996)
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol3.iss6.art8

Abstract

Demokratisasi Kekuasaan adalah sebuah keharusan. Karena memangbegitulah hakekat kekuasaan bila dilihat dari perspektif di mana setiap kekuasaan berhadapan vis a vis dengan basis massa. Sedang dalam tingkat tertentu, basis massa ini memiliki kesadaran kolektif dan bertindak atas otoritas kolektif untuk secara sadar menggunakan hak-haknya. Demikian diungkapkan oleh Sri Hastuti P. dalam tulisan berikut.
Perlindungan HAM dalam Masyarakat Bernegara Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 7 No. 14: Agustus 2000
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol7.iss14.art3

Abstract

Asits characteristics of legal nation (the rule oflaw), human rights protection for societies is obligatory for a nation. Government as the holder of political authority on the basis of legal agreement and legitimacy can enforce an intervention, in the form of: firstly: keeping a functional relation between nation and its citizens; secondly, actively involving in avoiding social conflict vertically or horizontally. Institutionalizing the human rights protection towardsthe state policy is intended to widen its essential values and meaning of which it is a fundamental human right.
Pemilu dan Demokrasi Telaah terhadap Prasyarat Normatif Pemilu Sri Hastuti Puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 11 No. 25: Januari 2004
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol11.iss25.art11

Abstract

Prerequisite of normative democratic election is crucial, it is needed to measure the content of democracy it seif, but if the prerequisite is not accompanied by the strong commitment from the institution and the voters for streng then the other democratic principles, the general election is not perfect. In the other hand, the election handled would be defective.
Urgensi Perluasan Permohonan Pembubaran Partai Politik di Indonesia Sri Hastuti Puspitasari; Zayanti Mandasari; Harry Setya Nugraha
Jurnal Hukum IUS QUIA IUSTUM Vol. 23 No. 4: OKTOBER 2016
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885//iustum.vol23.iss4.art2

Abstract

This research is to analyze the issues of: first, the urgency of extension of petition of the dispersion of political party in Indonesia. Second, it is related to ius constituendum of the procedure of petition of dispersion in Indonesia. The research method used was the juridical normative method using the philosophical approach, regulation approach, and sociological approach. The result of the research concluded that first: the urgency of the extension of the petition for the dispersion of political party breaking the General Election both in terms of the reason of its petition and the parties involved as the petitioner is in order to create a democratic general election in Indonesia. Second, the procedure of the court session of political party dispersion for doing the violation in general election through 5 phases of court session: 1) examining the introduction to examining the administrative completeness of the petitioner. 2) the further court to listen the petitum of the petitioner; 3), The further court session is to listen the explanation of the one reported; 4) the court of evidence including the document evidence, fact evidence and listen to the witnesses of the experts and other related parties and 5) it is about the court of reading the decision.
Pelibatan Dewan Perwakilan Rakyat dalam Pengisian Jabatan Hakim Agung dan Hakim Konstitusi sri hastuti puspitasari
Jurnal Hukum IUS QUIA IUSTUM Vol. 25 No. 3: SEPTEMBER 2018
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol25.iss3.art1

Abstract

One of the reasons to involve the House of Representatives to take the position of Chief Justice and Constitutional Judges after the amendment to the 1945 Constitution is the phenomenon of the House’s empowerment in the Indonesian constitutional system during the transition to democracy through the amendment. Such involvement can potentially cause problems, for example, the decisive authority of the  House  of  Representatives  in  selecting  the  Chief  Justice  and  constitutional  judges,  leading  to politicization problem. This research formulates the following issues, first, the reasons for involving the House of Representatives in filling in the position of Chief Justice and Constitutional Judges. Second, whether the involvement is in accordance with the principle of separation of power as well as check and balance. This study is normative research with secondary data sources derived from legal materials, with  conceptual,  case,  and  statutory  approaches.  The  results  show  that  first,  the  involvement  of  the House of Representatives for Chief Justice and Constitutional Judges positions is part of the process of democracy beginning after the New Order transition period. Second, The involvement is also a deviationfrom the principle of separation of power, and such practice does not even reflect the principle of check and balance because the House of Representatives dominates all the selection processes.
Menegakkan Demokrasi dan Konstitusionalitas Pemilihan Umum Kepala Daerah Sri Hastuti Puspitasari
Jurnal Konstitusi Vol 8, No 3 (2011)
Publisher : The Constitutional Court of the Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (328.979 KB) | DOI: 10.31078/jk836

Abstract

The Constitutional Court was not born only to maintain and uphold the Constitution, the Constitutional Court will continue to defend democracy was thus born. Because of the elections is now entered the realm of the general election regime, constitutionally, the authority of the Constitutional Court to resolve election disputes are the results in the paragraph of article 24C sub section (1) the 1945 Constitution of the State of the Republic of Indonesia. Only then the legitimacy of the formal authority of the Constitutional Court explicitly mentioned in the general election dispute referred to in article 236C of the law number 12 year 2008, concerning the amandment of law number 32 of 2004. In the settlement of the election dispute General, the Court not is based only on the results of the calculation of quantitative of the number of votes have been counted, but the Court made a breakthrough that the calculations which, if it is that there is a difference in the calculation of the noise exposure of the door to manipulation that is structural systematic and massive, then the role of democratization and the Court to defend the constitutionality of the general election that is an essential step to bring into the substantive  justice
Amendment to Term of Office of Constitutional Court Judges in Indonesia: Reasons, Implications, and Improvement Idul Rishan; Sri Hastuti Puspitasari; Siti Ruhama Mardhatillah
Varia Justicia Vol 18 No 2 (2022): Vol 18 No 2 (2022)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/variajusticia.v18i2.7236

Abstract

After the amendment to the Constitutional Court Law, constitutional court judges would be dismissed honorably when they attain the age of 70 (seventy) years old. Problem arises, where the transitional provisions of the third amendment to the Constitutional Court Law are not applicable prospectively but retroactively. Hence, the implementation of the amendment to the term of office of constitutional court judges also brings an impact on the incumbent constitutional judges in the Constitutional Court. This study had three objectives. First, to identify the underlying reasons (ratio-legis) for the amendment to the term of office of constitutional court judges to the maximum age limit of 70 years. Second, to analyze the implications of arranging a maximum age limit of 70 years for the position of constitutional court judges. Third, to recommend alternative arrangements for the term of office of constitutional court judges in Indonesia. This was a legal doctrinal research with a qualitative analysis. The results showed that (1) the reasons for the amendment to the term of office of constitutional court judges are due to the open legal policy, globalization and efforts to build the pro-majoritarian power in the Constitutional Court. (2) This amendment brings implications, i.e., the distortion of judicial independence, conflicts of interest and a declined public trust. (3) Improvements can be made by revising the transitional provisions and trying other alternatives by arranging the term of office of the judges through the constitution.
Strengthening Democratic Elections and Quality in Indonesia Sri Hastuti Puspitasari; Mahrus Ali
International Journal of Social Science, Education, Communication and Economics (SINOMICS JOURNAL) Vol. 1 No. 6 (2023): February
Publisher : LAFADZ JAYA Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sj.v1i6.88

Abstract

General election, a vital indicator of a democratic country like Indonesia, has been implemented since 1955, but its realization as a truly democratic process remains questionable. The purpose of this research is to examine the standards of democratic, quality and ways to strengthen election in Indonesia. The research uses a normative approach, utilizing secondary data and both juridical and conceptual approaches. The juridical approach is employed due to the legal aspects of the research object, while the conceptual approach is utilized to understand the concepts of Democratic and Qualified Elections. The data, which is in the form of descriptions, is analyzed in a qualitative descriptive manner. It is concluded that the realization of democratic and quality elections in Indonesia is highly dependent on several factors, including the state, election participants, and citizens as voters
Co-Authors Harry Setya Nugraha Idul Rishan Mahrus Ali Siti Ruhama Mardhatillah Zayanti Mandasari