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All Journal JARES (Journal of Academic Research and Sciences) Jurnal Supremasi Risalah Hukum
Anik Iftitah
Fakultas Hukum Universitas Islam Blitar
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Kritis Terhadap Penerapan Presidential Threshold dalam Pemilihan Umum 2024: Perspektif Hukum Normatif di Indonesia Alex Cahyono; Anik Iftitah; Ananda Rizki Hidayatullah; Eko Yuliastuti; Weppy Susetiyo
Jurnal Supremasi Volume 13 Nomor 2 Tahun 2023
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v13i2.3041

Abstract

The minimum requirements for presidential and vice presidential nominations (presidential threshold) in Indonesia ahead of the 2024 General Election (Pemilu) continue to be a source of debate in the context of Constitutional Law. This debate arose due to factors such as allegations that the previous regime which won the election wanted to ensure its position as the determinant of presidential candidates in the next election. Through normative legal research methods, research was produced that this threshold was applied to the 2019 Election through Article 222 of Law Number 7 of 2017 concerning General Elections. This article stipulates that candidate pairs must be proposed by political parties or combinations of political parties participating in the election that succeeded in winning at least 20% of the total seats in the House of Representatives or 25% of the valid national votes in the previous election. This has the potential for the emergence of transactional politics in the formation of political party coalitions that are not based on shared ideology. Empirical facts and experience from the last election show that due to the presidential nomination threshold, the 2019 election produced the same two pairs of candidates as the 2014 election. This indicates that the implementation of the presidential threshold effectively eliminates competitors or potential challengers in the presidential and vice presidential elections, violating the general election principles of honesty and fairness. If this threshold remains, it is likely that the threshold for presidential and vice presidential candidacy will become even higher in the future, strengthening the dominance of transactional politics.
Implikasi Hukum Undang-Undang Cipta Kerja terhadap Perlindungan Hak Pekerja Pasca Pailit Ravi Dana, Arsis; Iftitah, Anik; Zainul Ichwan, Muhammad; Taufan Perdana, Mukhammad
Jurnal Supremasi Volume 14 Nomor 2 Tahun 2024
Publisher : Fakultas Hukum, Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v14i2.3779

Abstract

The rapid development of the modern economic sector has intensified competition among companies, consequently increasing the risk of insolvency. This study focuses on the amendments to labor law provisions following the enactment of the Omnibus Law and their impact on the protection of workers' rights after a bankruptcy ruling. There is a gap in understanding the effects of these regulatory changes on workers' rights, particularly in the context of termination of employment due to insolvency. The objective of this research is to analyze the impact of these legal changes on the protection of workers' rights. The methodology used is normative legal research with a legislative approach. The findings indicate significant changes in workers' rights regarding termination due to insolvency. The implications of the Omnibus Law reveal diverse impacts on workers' rights, both positive and negative. This study emphasizes the need for a deeper understanding and adjustments to new regulations to protect workers' rights in Indonesia. The results of this research are expected to provide insights and recommendations for policymakers and legal practitioners in addressing the challenges arising from changes in labor regulations.
Analisis Yuridis Putusan Niet Ontvankelijke Verklaard Pada Akta Jual Beli Puspita Wardani, Rila; Iftitah, Anik; Yuliastuti, Eko; Alfaris, Moh.; Widhiandono, Erwin
Jurnal Risalah Hukum Vol 20 No 1 (2024): Volume 20, Nomor 1, Juni 2024
Publisher : Fakultas Hukum Universitas Mulawarman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/bx6v2d17

Abstract

This study examines legal certainty in land sale and purchase agreements, particularly concerning sale and purchase deeds that result in Niet Ontvankelijke Verklaard (NO) verdicts. The importance of this study lies in understanding the root causes of legal uncertainty in the transfer of land rights and its implications for the involved parties. The objective of this research is to analyze the causes of NO verdicts, understand their legal basis, and evaluate their legal impacts. The methodology used is a normative legal approach with an analysis of primary and secondary legal materials, as well as related court decisions. The main findings indicate that NO verdicts are caused by unclear dispute objects and formal defects such as error in persona and obscuur libel. NO verdicts impact legal certainty, potential compensation claims, and public trust in notaries/PPATs. The implication is that there is a need to increase meticulousness and compliance with formal requirements in drafting sale and purchase deeds to avoid NO verdicts that can harm various parties.
Co-Authors Abdul Hakam Sholahuddin Ahmad Rifa’i Alex Cahyono Alfaris, Moh. Ananda Rizki Hidayatullah Christina Simanullang Eko Yuliastuti M. Taufan Perdana M. Taufan Perdana Moh. Alfaris Muhammad Zainul Ichwan Puspita Wardani, Rila Ravi Dana, Arsis Sembiring, Rinawati Susetiyo, Weppy Tasya Imelda Dievar Taufan Perdana, Mukhammad Uun Dewi Mahmudah Widhiandono, Erwin Wiryatmo Lukito Totok Zainul Ichwan, Muhammad