Garuda - Garba Rujukan Digital

The Phenomenon of Political Dynasty in Regional Head Elections in Indonesia Rannie, Mahesa; Saraswati, Retno; Wisnaeni, Fifiana
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16477

Direct regional head elections (Pilkada) provide opportunities for civilian circles to become candidates for regional heads, but this has created a new problem, namely the rampant phenomenon of dynasty politics. This condition is quite concerning, not only because incumbent families participate in the replacement, but also due to the negative effects of the desire for power. Therefore, it is necessary to analyze why the phenomenon of dynasty politics emerges and its influence on the implementation of Pilkada. Additionally, it is important to analyze how this phenomenon is viewed from the perspectives of human rights, law, and justice. This is in line with the research objective, which is to analyze the causes of the emergence of dynasty politics and its influence on Pilkada, as well as to analyze the phenomenon from various perspectives. The research method used is socio-legal. The conclusion drawn is that the emergence of dynasty politics is due to the recruitment function of political parties not being based on quality and the weakness of regulations. This has consequences for the implementation of Pilkada, resulting in candidates who are of lower quality and competence. From a human rights perspective, the regulations regarding dynasty politics may indeed violate human rights, but considering the widespread phenomenon of dynasty politics, it is not excessive to establish rules similar to those previously included in Law Number 8 of 2015. From a legal perspective, election laws and political parties should also be improved. All of these efforts are intended to prevent the further spread of dynasty politics, as it can result in injustice for other individuals who wish to run for office.

A Comparative Analysis of Mechanisms for Settlement of Election Disputes: Case Studies of Indonesia and South Africa Sistyawan, Dwanda Julisa; Saraswati, Retno; ALW, Lita Tyesta; Sally, Novian Uticha; Jayawibawa, Marcellus
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1610

This study provides a comparative analysis of the mechanisms for settling election disputes in Indonesia and South Africa, focusing on transparency, accountability, effectiveness, and efficiency. Despite notable democratic advancements, both nations continue to grapple with challenges that could undermine the legitimacy of electoral outcomes and democratic stability. The research investigates how transparent and inclusive these mechanisms are, the extent of public scrutiny, and the accountability measures in place for responsible parties. It also assesses the timeliness of dispute resolution, enforceability of decisions, and their overall impact on electoral integrity and legitimacy. Key findings highlight the roles of Indonesia's Bawaslu and South Africa's IEC in ensuring openness and public participation while identifying political interference, resource constraints, and procedural complexities as significant challenges. The study further explores best practices such as engaging civil society, simplifying procedures, and adopting technology to enhance dispute resolution mechanisms. Through this analysis, the research contributes to the understanding of electoral governance and offers policy recommendations to strengthen democratic institutions in Indonesia and South Africa.

The Role of Indonesia as a Presidency for ASEAN and Blue Economy’s driver: SDG’s Issues and Legal Perspective Saraswati, Retno; Hananto, Pulung Widhi; Prananda, Rahandy Rizki; Mahramhafiz, Muhammad; Pennesi, Lorenzo
LAW REFORM Vol 21, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i1.67157

The blue economy is an emerging concept that emphasizes the protection of marine life and ecosystems while promoting economic growth through the sustainable utilization of ocean resources. This principle is gaining increasing traction among ASEAN member states. Strategically positioned geographically, these nations possess significant potential to leverage their marine resources. However, disparities in technological capabilities and human resources continue to hinder the optimal utilization of these resources across the region.This paper identifies and analyzes the challenges and opportunities faced by ASEAN member states in implementing the blue economy within their respective territories and across the region. It also offers a new and in-depth perspective by examining Indonesia’s pivotal role during its ASEAN Chairmanship in advancing the blue economy agenda. Indonesia’s efforts go beyond merely emphasizing the importance of the blue economy; they also include strategic initiatives to promote cooperation, knowledge sharing, and the development of robust legal frameworks within ASEAN to foster sustainable marine governance and resource management.Indonesia’s leadership presents a unique opportunity to address critical issues and to catalyze the expansion of the blue economy in Southeast Asia, ensuring sustainable development and a balanced approach to the utilization of marine resources

Constitutional Guarantees and Justice in Indonesia’s Poverty Alleviation Programs (2014–2024) Abqa, Muhammad Ardhi Razaq; Saraswati, Retno; Sa'adah, Nabitatus; Yusliwidaka, Arnanda
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 1 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v5i1.26369

Poverty alleviation is a central issue in sustainable development and is the constitutional mandate of the Indonesian state. This article analyses the role of constitutional guarantees, the positive impact of poverty alleviation programs 2014-2024, and policy implementation challenges. This study uses a qualitative approach with a normative and empirical legal research design. Normative legal studies focus on the legal basis of policies, while empirical studies examine policy implementation in the field. This research uses the theory of justice. The results show; First, Indonesia's constitutional guarantee is a strong legal basis for poverty alleviation. Articles in the 1945 Constitution provide a solid foundation for realizing justice. Second, the KIS, KIP, and PKH programs improve the welfare of low-income people. Third, challenges in policy implementation include access gaps between regions, budget instability, limited supervision, weak institutional capacity, and uneven digital infrastructure. This research concludes that the KIS, KIP, and PKH programmes reflect the mandate of social justice in the 1945 Constitution and are proven to improve the welfare of the poor. However, structural and implementation barriers require strengthening regulations, coordination, and digital infrastructure to realize equitable and sustainable poverty alleviation.

Development of Flipping Book Media Based on Self-Management to Improve Discipline of Slow Learner Students Saraswati, Retno; Widajati, Wiwik; Pamuji, Pamuji
Jurnal ORTOPEDAGOGIA Vol 11, No 1 (2025): July
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.17977/um031v11i12025p115-121

This study aims to develop Flipping book media in behavioral self-management counseling to improve the discipline of slow learner students. The media is utilized within behavioral counseling services. The research method employed is the ADDIE development model, which consists of five stages: Analysis, Design, Development, Implementarion, and Evaluation. The research subjects were slow learner students experiencing difficulties in learning discipline. Data were collected through observation, interviews, and questionnaires. The validity test results conducted by media experts, material experts, and practitioners indicate that the web-based flipping book media is feasible and valid for use. Effectiveness analysis using the Wilcoxon Signed Rank test shows a significant difference before and after the intervention. Thus, the use of flipping book media in behavioral self-management counseling services is proven effective in improving the discipline of slow learner students.

Constitutional Democracy and National Legal Instruments in Resolving Regional Election Disputes Tanjung, Muhammad Anwar Tanjung; Saraswati, Retno; Tyesta A.L.W, Lita
Lex Publica Vol. 7 No. 1 (2020)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (200.355 KB)

Through Law Number 32 of 2004 concerning Regional Government, direct regional head elections (Pemilihan Umum Kepala Daerah/Pilkada) could finally be realized. In accordance with the mandate of Article 24C paragraph (1) of the 1945 Constitution, it stipulates that one of the powers of the Constitutional Court is to decide disputes over election results, which means that this includes post-conflict local election disputes. In this context, the Constitutional Court performs its role to maintain the constitutional democracy adopted in Indonesian legal system fo resolve election disputes. Upholding the constitution is a form of protecting the constitutional rights of citizens and is a consequence of the adherence to the notion of constitutionalism that the 1945 Constitution. In this context, the constitution becomes a living constitution in the life of the nation and state. Constitutional values and norms will always be alive in the sense that they are constantly developing and enriched with new values and systems based on the practice of the constitution itself and real experiences in everyday life. To maintain the election process in order to achieve the expected results, it cannot rely on only one or two institutions. It requires the cooperation of all state organs, including KPU, Bawaslu, DKPP, police, prosecutors, courts, and the Constitutional Court. All these state organs must work together to make the local elections a success to maintain the sovereignty of the people.

A Comparative Analysis of Mechanisms for Settlement of Election Disputes: Case Studies of Indonesia and South Africa Sistyawan, Dwanda Julisa; Saraswati, Retno; ALW, Lita Tyesta; Sally, Novian Uticha; Jayawibawa, Marcellus
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1610

This study provides a comparative analysis of the mechanisms for settling election disputes in Indonesia and South Africa, focusing on transparency, accountability, effectiveness, and efficiency. Despite notable democratic advancements, both nations continue to grapple with challenges that could undermine the legitimacy of electoral outcomes and democratic stability. The research investigates how transparent and inclusive these mechanisms are, the extent of public scrutiny, and the accountability measures in place for responsible parties. It also assesses the timeliness of dispute resolution, enforceability of decisions, and their overall impact on electoral integrity and legitimacy. Key findings highlight the roles of Indonesia's Bawaslu and South Africa's IEC in ensuring openness and public participation while identifying political interference, resource constraints, and procedural complexities as significant challenges. The study further explores best practices such as engaging civil society, simplifying procedures, and adopting technology to enhance dispute resolution mechanisms. Through this analysis, the research contributes to the understanding of electoral governance and offers policy recommendations to strengthen democratic institutions in Indonesia and South Africa.

Guardians of Innocence: Enhancing Legal Safeguards for Child Victims of Sexual Violence in Indonesia Andriansyah, Aziz; Saraswati, Retno; Cahyaningtyas, Irma
Indonesia Law Review Vol. 13, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Sexual violence against children is a crime that is quite disturbing and needs to get attention in society. The implementation of child protection must meet the requirements, among others, by implementing the development of truth, justice and child welfare. Based on the provisions in Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The basic rights of children who need adequate protection include the right to live, the right to develop, the right to protection, the right to participate and the right to education. Efforts to prevent sexual abuse in children can also be carried out by involving the participation of parents and the need for the involvement of law enforcement officials in handling cases of sexual abuse in children so that a child's perspective is expected to have a deterrent effect on perpetrators of crimes of sexual harassment. This research is a normative legal research using statutory and conceptual approaches. The government's steps in efforts to prevent sexual violence are by carrying out active campaigns to increase public awareness and need to strengthen the deterrent effect on convicts of sexual violence against children by not granting convicts rights, such as remission, parole, and clemency so that perpetrators do not repeat their action at a later time.

SYMBOLS, EVIDENCE, AND POLICY: INTEGRATING LEGAL SEMIOTICS FOR SUSTAINABLE CRIME PREVENTION Ekowati, Debby; Saraswati, Retno; Sa'adah, Nabitatus
Masalah-Masalah Hukum Vol 54, No 3 (2025): MASALAH-MASALAH HUKUM (in press)
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.3.2025.328-352

This study explores crime prevention using legal semiotics, applying a doctrinal approach grounded in an extensive literature review and critical text analysis. The discussion is initiated by delineating the core principles of legal semiotics and examining legal norms and practices as sign systems that communicate cultural meanings and influence behaviour. The study examines forensic semiotics, emphasising the role of sign analysis in enhancing investigative procedures and expert linguistic testimony within criminal and civil frameworks, including authorship attribution, identification of falsified texts, and the interpretation of linguistic evidence. Additionally, courtroom discourse and decision-making are also examined, illustrating various semiotic resources (such as text design, layout, and language) influencing the authority and legitimacy of judicial outcomes. Police interactions, interpreting interview dynamics and power negotiations through semiotic frameworks are examined to enhance understanding of witness communication and investigative effectiveness. Furthermore, it examines the framing of crime narratives in the media, highlighting the impact of mediated signs on public perception and the possibility of judicial biases. The research advocates for comprehensive crime prevention policies combining penal and non-penal strategies, emphasizing the importance of symbols and meanings that underpin criminal behaviour to promote collaborative, culturally informed, and sustainable responses.

CONSTITUTIONAL REVIEW OF THE RIGHT TO EDUCATION: AN ANALYSIS OF CONSTITUTIONAL COURT DECISION NO. 3/PUU-XXII/2024: TINJAUAN KONSTITUSIONAL TENTANG HAK ATAS PENDIDIKAN: ANALISIS KEPUTUSAN MAHKAMAH KONSTITUSIONAL NOMOR 3/PUU-XXII/2024 Putra, Rengga Kusuma; Saraswati, Retno; Hermanto, Bagus; Wardhani, Lita Tyesta Addy Listya; Nugraha, Satriya
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.v5i1.136

Decision No. 3/PUU-XXII/2024 of the Constitutional Court of the Republic of Indonesia represents a significant development in the trajectory of Indonesian legal politics, particularly in relation to right to education as the constitutional protection enshrined in the 1945 Constitution. Although the ruling carries substantial implications for the interpretation of state obligations in the education sector, scholarly discussion has largely focused on the doctrinal aspects of constitutional adjudication, leaving limited attention to the broader fiscal and political implications of the decision within Indonesia’s governance framework. This study therefore seeks to examine the constitutional meaning and policy consequences of the ruling through a descriptive qualitative approach, with particular attention to the normative structure of the Court’s reasoning and the social justice values underlying its interpretation. The analysis focuses on how the Constitutional Court articulates the relationship between constitutional mandates, state responsibility, and the protection of individual educational rights within the broader framework of Indonesia’s welfare-oriented constitutionalism. The findings indicate that Decision No. 3/PUU-XXII/2024 strengthens the constitutional status of education as a positive right that requires active state intervention. At the same time, the ruling clarifies the scope of governmental obligations in ensuring equitable access to education while implicitly raising questions regarding fiscal allocation, institutional capacity, and policy prioritisation in the implementation of constitutional guarantees. By situating the decision within the broader discourse on the political theory of education law and the adjudication of socio-economic rights, this article contributes to the development of a normative framework that understands education not purely as a matter of public policy but as a constitutionally mandated instrument for achieving social justice. Ultimately, the study argues that the decision reflects a more responsive orientation in Indonesian legal politics, one that seeks to align constitutional interpretation with the pursuit of substantive equality in the national education system.

Title

Found 20 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 20 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 20 Documents
Search