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Journal : Jurnal Social Science

Analisis Yuridis dan Praktis Pemberhentian Presiden dalam Perspektif Hukum Tata Negara Simandjuntak, Reynold; Sarumaha, Pia Bertha
Jurnal Social Science Vol. 12 No. 2 (2024): Desember
Publisher : Fakultas Ilmu Sosial dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53682/jss.v12i2.10845

Abstract

The dismissal of the President in the Indonesian constitutional system is a complex and crucial issue, especially after the amendment to the 1945 Constitution of the Republic of Indonesia. This process involves legal and political aspects that can affect government stability. This research aims to analyze the mechanism for dismissing the President as regulated in the 1945 Constitution and the challenges faced in its implementation. The research method used is normative legal research, which examines the provisions in the 1945 Constitution and other statutory regulations. The research results show that the inconsistency between the political decisions of the People's Representative Council (DPR) and the legal decisions of the Constitutional Court (MK) is caused by normative phrases in the Constitution that provide freedom in interpretation. Therefore, better coordination is needed between the DPR, MPR, and MK to ensure a transparent and accountable process. Hopefully, this research can positively contribute to strengthening the constitutional system and law enforcement in Indonesia.
Inovasi dalam Penyelesaian Sengketa: Pendekatan Alternatif yang Mengedepankan Keadilan Kolaboratif Simandjuntak, Reynold; Singkay, Rafael
Jurnal Social Science Vol. 12 No. 2 (2024): Desember
Publisher : Fakultas Ilmu Sosial dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53682/jss.v12i2.10858

Abstract

This study aims to explore and analyze various Alternative Dispute Resolution (ADR) methods that can be used to resolve disputes in Indonesia, as well as to understand the effectiveness and challenges faced in their implementation. The research methods used include literature studies and normative legal research. The study's results indicate that methods such as mediation and arbitration offer more flexible and efficient solutions compared to formal justice, with mediation being more suitable for disputes involving ongoing relationships, while arbitration provides a binding and final decision. In addition, E-Dispute Resolution shows great potential in increasing the accessibility and efficiency of dispute resolution, although challenges related to data security and regulations still need to be addressed. This study recommends increasing education and training on ADRs and developing regulations that support the implementation of this method in Indonesia.
Analisis Yuridis dan Praktis Pemberhentian Presiden dalam Perspektif Hukum Tata Negara Simandjuntak, Reynold; Sarumaha, Pia Bertha
Jurnal Social Science Vol. 12 No. 2 (2024): Desember
Publisher : Fakultas Ilmu Sosial dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53682/jss.v12i2.10845

Abstract

The dismissal of the President in the Indonesian constitutional system is a complex and crucial issue, especially after the amendment to the 1945 Constitution of the Republic of Indonesia. This process involves legal and political aspects that can affect government stability. This research aims to analyze the mechanism for dismissing the President as regulated in the 1945 Constitution and the challenges faced in its implementation. The research method used is normative legal research, which examines the provisions in the 1945 Constitution and other statutory regulations. The research results show that the inconsistency between the political decisions of the People's Representative Council (DPR) and the legal decisions of the Constitutional Court (MK) is caused by normative phrases in the Constitution that provide freedom in interpretation. Therefore, better coordination is needed between the DPR, MPR, and MK to ensure a transparent and accountable process. Hopefully, this research can positively contribute to strengthening the constitutional system and law enforcement in Indonesia.
Inovasi dalam Penyelesaian Sengketa: Pendekatan Alternatif yang Mengedepankan Keadilan Kolaboratif Simandjuntak, Reynold; Singkay, Rafael
Jurnal Social Science Vol. 12 No. 2 (2024): Desember
Publisher : Fakultas Ilmu Sosial dan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53682/jss.v12i2.10858

Abstract

This study aims to explore and analyze various Alternative Dispute Resolution (ADR) methods that can be used to resolve disputes in Indonesia, as well as to understand the effectiveness and challenges faced in their implementation. The research methods used include literature studies and normative legal research. The study's results indicate that methods such as mediation and arbitration offer more flexible and efficient solutions compared to formal justice, with mediation being more suitable for disputes involving ongoing relationships, while arbitration provides a binding and final decision. In addition, E-Dispute Resolution shows great potential in increasing the accessibility and efficiency of dispute resolution, although challenges related to data security and regulations still need to be addressed. This study recommends increasing education and training on ADRs and developing regulations that support the implementation of this method in Indonesia.