Article Per Year (5 Year)
p-Index From 2021 - 2026
0.888
P-Index
This Author published in this journals
All Journal Constitutionale Harakat an-Nisa: Jurnal Studi Gender dan Anak TANFIDZIY : Hukum Tata Negara dan Siyasah Journal of Constitutional Law Society (JCLS)
Eza Tri Yandy
UIN Sulthan Thaha Saifuddin Jambi
Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 4 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 4 Documents
Search

 1 
PEREMPUAN DALAM PARTISIPASI POLITIK DI INDONESIA Eza Tri Yandy; Muhammad Mustajab
Harakat an-Nisa: Jurnal Studi Gender dan Anak Vol. 6 No. 2 (2021)
Publisher : Center for Gender and Children Studies, Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) UIN Sultan Thaha Saifuddin Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (215.332 KB) | DOI: 10.30631/62.83-92

Abstract

Politic is a way to achieve power constitutionally and non constitutionally and in the process of achieving, regulation  are a reference for every indonesian citizen who wants to participate in it. General election, regional head election, which is familiarly known as general election and  local election, is a space for filling certain political positions freely or publicly, which is opened as  wide as possible for the public, social and political inequality that often becomes a problem for women's existence should no longer occur because justice is the right of all citizens in accordance with the mandate of the 1945 constitution article 28 H verse 2. With the laws which is applicable in Indonesia, it is a breath of fresh air for women's struggles, the application of affirmative action with the zipper system method has a positive impact on increasing the existence of women in politics. The existence of women shows positive results as seen from the percentage of women from the election results in 1999 to 2009, in the 2004 and 2009 elections there was an increase in the representation of women in the legislature of the Republic Indonesia because at that time Law Number 12 of 2003 was issued regarding the elections for DPR, DPD and DPRD and reinforced by law number 10 of 2008 article 55 verse 2, only it decreased slightly in the 2014 election and again increased in the 2019 election. The development of the existence of women in politics in Indonesia continues to develop from time to time, this is the impact of the rules or regulations that are made, it is concluded that legal and binding rules are an important indicator for women's groups, the only thing left is the women must maximize available opportunities . From the analysis carried out, the author suggests that the leaders of parties and institutions administering the general election must determine policies and political structures with applicable standardization.
The Theory of Justice and Ultra petita Decisions: A Critical Analysis of Judicial Review in the Constitutional Court Eza Tri Yandy; Tri Endah Karya Lestiyani
Constitutionale Vol 6 No 1 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v6i1.3946

Abstract

Under Law Number 24 of 2003, the Constitutional Court of Indonesia issues three types of decisions: inadmissibility, acceptance, and rejection. Over time, the Court introduced additional categories, including conditional constitutional and conditional unconstitutional decisions. As legal disputes have become increasingly complex, the Court has also issued ultra petita rulings, granting decisions beyond the scope of the petitioner's request. This research examines the evolution of justice theories and their relevance to the ultra petita decisions in judicial review cases. Using a normative legal research approach with conceptual and case-based methodologies, this research analyzes legislative texts, books, journals, and research reports through qualitative descriptive techniques. The findings reveal varying philosophical perspectives on justice: Plato views justice as intrinsic harmony, Aristotle differentiates between general and specific (proportional) justice, and John Rawls emphasizes fairness through the "original position" and "veil of ignorance." The ultra petita ruling in Case 90/PUU-XXI/2023 altered the presidential and vice-presidential age requirement by adding the qualification of previously holding an elected regional position. Meanwhile, Case 60/PUU-XXII/2024 redefined the regional head nomination threshold, setting aside the 20% DPRD seat or 25% vote requirement. Both decisions reflect procedural and substantive justice, ensuring fair outcomes. However, to prevent judicial overreach and uphold legal certainty, clear regulations on the Constitutional Court’s authority in issuing ultra petita decisions are essential..
INSTITUTIONAL DESIGN AND CONSTITUTIONAL LEGITIMACY OF HUMAN RIGHTS SUPPORT INSTITUTIONS AFTER REFORMATION IN INDONESIA: DESAIN KELEMBAGAAN DAN LEGITIMASI KONSTITUSIONAL LEMBAGA PENUNJANG HAM PASCA REFORMASI DI INDONESIA Eza Tri Yandy; Masburiyah; Tri Endah Karya Lestiyani; Sulaeman
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.134

Abstract

The normative framework of Articles 28A–28J of the 1945 Constitution and Law No. 39 of 1999, as well as the establishment of independent institutions supporting human rights protection as a manifestation of the state's commitment to guaranteeing the constitutional rights of citizens and fulfilling its international obligations, marked a significant transformation of Indonesia's human rights protection system during the transition from the New Order regime to the Reform era. This research attempts to fill the gap in comprehensive analysis of the institutional legitimacy of human rights, the urgency of their establishment, and the problems in the implementation of their functions and authorities. Legal materials are examined both descriptively and qualitatively in this study, which employs a normative juridical method with a legislative, case, and conceptual approach. The study's findings indicate that while the normative and institutional framework for human rights protection has been comprehensively regulated, the implementation of these institutions' functions still faces three main problems: overlapping authority (for example, between the Attorney General’s Office and the National Commission on Human Rights in handling serious human rights cases), limited resources (budget and institutional capacity), and sociological aspects (low public awareness of the law). Therefore, there are three main aspects as recommendations from the institutional constraints faced, namely strengthening the regulatory framework of authority, establishing coordination mechanisms between institutions, and providing adequate institutional capacity support.
Kontestasi Politik Mantan Terpidana Korupsi dalam Pemilihan Umum (Studi Putusan Mahkamah Agung Nomor 30 P/HUM/2018) Nova Agustina; Eza Tri Yandy; Sayuti
TANFIDZIY Vol 3 No 1 (2024): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah
Publisher : Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/tanfidziy.v3i1.2777

Abstract

Supreme Court Decision Number 30 P/HUM/2018 decided that Lucianty, an Indonesiam citizen residing in the city of Palembang with the status of a former convict, was declared permittes to nominate as a member of the legislature as a partricipant in the general election for members of the regional representative council. The reason why Lucianty is allowed to run in the general election as a member of the leguslature is because every citizen has the same opportunity to be elected and chose, provided that he must openly state to the public that he is a former convict by showing proof of a letter from the editor-in-chief of local and national mass media. This research is normative juridical research with a case approach. The results of this research show that in the Supreme Court Deciison Number 30 P/HUM/2018 concering Review of Law Number 7 of 2017 concering General Elections against the 1945 Concering General Eletions againts the 1945 Constitution of the Republic of Indonesia, it is true that there is a conflict of interest and violations of human rights.
Co-Authors Masburiyah Muhammad Mustajab Nova Agustina Sayuti Sulaeman Tri Endah Karya Lestiyani