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All Journal DE JURE PAMALI: Pattimura Magister Law Review CAPITAN: Constitutional Law & Administrative Law Review Jurnal Saniri
Jantje Tjiptabudy
Bagian Hukum Tata Negara/Hukum Administrasi Negara, Fakultas Hukum Universitas Pattimura, Ambon
Law, Crime, Criminology & Criminal Justice

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Authority of the Deputy Minister's Position in the State Government Structure deLima, Eliza Abraham; Tjiptabudy, Jantje; Nendissa, Renny Heronia
PAMALI: Pattimura Magister Law Review Vol 5, No 1 (2025): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v5i1.2079

Abstract

Introduction: The system of government adopted by Indonesia is the presidential system. Where is the position of the President as the head of state and head of government. In running the wheels of government, the President is assisted by state ministries. The number of state ministries is adjusted to the President's program in the field of government, as well as to support the performance of state ministries.Purposes of the Research: Explain the position of the deputy minister as stated in Article 10 of Law Number 39 of 2008 concerning State Ministries and understand the authority of the Deputy Minister in the organizational structure of the State Ministry.Methods of the Research: The type of research used is normative research. In this research, a statutory-regulatory approach (Statutory Approach) and a conceptual approach (Conceptual Approach) are used. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Legal materials are qualitative.Results Main Findings of the Research: The position of Deputy Minister does not explicitly shift the position of Secretary to the Minister. The Deputy Minister and the Secretary General/Ministry have the same position as assistants to the Minister, but it is not normatively explained in the statutory regulations regarding whether the Deputy Minister shifts the position of Secretary to the Minister and there is overlapping authority between the position of the Deputy Minister and the Ministry Secretariat or Secretariat General in carrying out the ministry's duties.
Between Worship and Bribery: Charity in the Shadow of Electoral Politics Awaluddin, Syah; Tjiptabudy, Jantje; Latupono, Barzah; Alfons, Sartje Sarah
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.32615

Abstract

This article examines the blurred boundary between genuine ṣadaqah (charitable giving) and covert vote-buying during Indonesia’s 2024 general elections, offering an Islamic legal analysis grounded in the concepts of niyyah (intention), ikhlāṣ (sincerity), riyāʾ (ostentation), and evidentiary principles such as qarīnah (contextual indicators). While political actors often disguise electoral incentives as acts of worship, Islamic jurisprudence provides a normative framework to distinguish between sincere charity and manipulative political strategy. The study adopts a normative-juridical approach, combining descriptive-qualitative analysis with both classical Islamic sources, such as the Qur’an, Hadith, fiqh, and tafsir, and contemporary legal regulations, particularly Law No. 7 of 2017 concerning Elections. Data were collected through library research and analysed thematically using Islamic legal reasoning, legal maxims, and selected case illustrations from the 2024 elections. This methodological framework enables a nuanced interpretation of intention in Islamic law—not based on verbal confession but inferred through circumstantial and behavioural indicators. The main contribution of this research lies in its articulation of an evidentiary model rooted in Islamic jurisprudence (fiqh)—a structured framework for evaluating the ethical and legal status of charitable acts in politicised contexts based on indicators recognised in Islamic legal thought. This model equips scholars, regulators, and the public with the tools to detect and assess electoral misconduct disguised as religious virtue. This study presents a clear novelty in the form of a matrix of legal indicators—derived from Islamic legal ethics—as an original analytical tool to objectively evaluate political intent in charitable acts during elections. By integrating classical Islamic thought with contemporary electoral challenges, this article contributes a unique perspective to Islamic legal studies and democratic governance, laying the groundwork for a reformed jurisprudential approach to political ethics in Muslim-majority societies.
Tanggung Jawab Pemerintah Terhadap Keamanan Data Diri Warga Negara Indonesia Nainggolan, Riska Putri Yesika; Tjiptabudy, Jantje; Matitaputty, Merlien Irene
CAPITAN: Constitutional Law & Administrative Law Review Vol 3 No 1 (2025): Juni 2025 CAPITAN: Constitutional Law & Administrative Law Review
Publisher : Pusat Studi Hukum dan Pemerintahan Fakultas Hukum Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/capitan.v3i1.18137

Abstract

Personal data is a human right protected by the constitution. Protection of personal data of Indonesian citizens is still weak, causing an increase in many cases of data leaks that are exploited by irresponsible parties. Protection of personal data in Indonesia is still sectoral, based on the authority granted by regulations governing personal data. The absence of specific regulations governing the protection of personal data causes frequent data leaks. The Ministry of Communication and Information has the authority to maintain personal security in Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, which gives the Ministry of Communication and Information the authority to supervise the implementation of electronic systems and transactions. The government's responsibility has been regulated in Article 58 paragraph 1 of Law Number 27 of 2022 concerning Protection of Personal Data, which states that "The government plays a role in realizing the implementation of personal data protection in accordance with the provisions of the law." The forms of efforts made by the government regarding the protection of its citizens' personal data are in the form of increasing system security, conducting security supervision, providing security certification, security auditors, cooperation with the security industry and the government has the authority to require violators to inform the public or related parties of the violation. Additional types of administrative sanctions may include written warnings, temporary suspension of personal data processing activities, deletion or destruction of personal data, and/or financial fines.
Kompetensi Pengadilan Negeri Dalam Putusan Penundaan Pemilihan Umum Aprilia, Fita; Tjiptabudy, Jantje; Nirahua, Garciano
Jurnal Saniri Vol 6, No 1 (2025): Volume 6 Nomor 1, November 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/saniri.v6i1.3518

Abstract

General elections are a form of implementation of democratic values, If there is an abuse of authority by the organizers of the general election, the judge has a very important role through the means of the court has the competence to resolve the election disputes that occur, The competence of the court in handling cases consists of relative competence and absolute competence. Court competence is given so that judges are not arbitrary in carrying out their duties. In reality, courts often adjudicate cases that are not their authority. Therefore, there are two problem formulations in this study, namely whether the district court has the authority to decide on the postponement of elections and what are the legal consequences of the district court's decision regarding the postponement of elections?The purpose of this study is to analyze the legal basis of the district court’s authority in deciding the postponement of general elections and to examine the legal consequences arising from such decision concerning the exercise of citizens’ constitutional rights and the duties of the election management body.Metode of research used is normative juridical, which primary legal sources and secondary sources as well as tertiary legal sources. Legislation approach, conceptual approach and case approach of the Central Jakarta District Court Decision Number 757/Pdt.G/2022/PN Jkt.Pst, which are used to solve the legal issues studied.The results of this study indicate that the Central Jakarta District Court Number: 757/Pdt.G/2022/PN.Jkt.Pst. The decision to postpone the election by the Central Jakarta Court, with a lawsuit against the government filed by the Prima Party as the plaintiff against the KPU as the defendant, is ultra vires. Ultra vires means that the decision is beyond the authority, or exceeds the authority of the judge, this is based on Law Number 30 of 2014 concerning Administration and is clarified by Supreme Court Regulation Number 2 of 2019 concerning Guidelines for Resolving Government Action Disputes and the Authority to Adjudicate Unlawful Acts by Government Agencies and / or Officials that the State Administrative Court has the authority to adjudicate disputes over unlawful acts by the government called (Onrechtmatige Overheidsdaad). The decision to postpone the general election by the district court is null and void. In order to protect the constitutional rights and the rights of citizens to conduct elections, the KPU made legal efforts to the DKI Jakarta High Court. The decision of the DKI Jakarta High Court No. 230/PDT/2023/PT then canceled the Decision of the Central Jakarta District Court No. 757/Pdt.G/2022/PN Jkt.Pst.
The Position and Function of the Election Supervisory Agency in the Indonesian Constitutional System: A Case Study of the Dispute Over the 2024 Presidential and Vice Presidential General Elections Sebastian, William Markus; Tjiptabudy, Jantje; Bakarbessy, Andress Deny
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.2812

Abstract

Introduction: Elections are vital in democracy, enabling people to choose leaders. In Indonesia, the General Election Supervisory Body (Bawaslu) ensures transparency, integrity, and fairness in every election stage, nationally and regionally. Its role is crucial for overseeing the 2024 Presidential and Vice-Presidential Elections to guarantee free and fair processes.Purposes of the Research: This study aims to analyze Bawaslu's legal standing within Indonesia's constitutional framework and evaluate the supervisory mechanisms implemented by Bawaslu for the 2024 Presidential and Vice-Presidential Elections.Methods of the Research: The study adopts a normative juridical approach by examining various relevant laws and regulations, particularly Law Number 7 of 2017 on Elections. Additionally, a case study approach is utilized to gain a deeper understanding of the challenges faced by Bawaslu in performing its oversight duties.Results Main Findings of the Research: This study finds that Bawaslu's legal standing as an independent election oversight institution is clearly established in Law Number 7 of 2017. Despite its authority to address violations, challenges like evidence sufficiency and bias allegations persist, often escalating cases to the Constitutional Court. Reforming oversight mechanisms is essential to strengthen accountability and public trust in elections.
Co-Authors Alfons, Sartje Sarah Aprilia, Fita Awaluddin, Syah Bakarbessy, Andress Deny deLima, Eliza Abraham Latupono, Barzah Matitaputty, Merlien Irene Nainggolan, Riska Putri Yesika Nendissa, Renny Heronia Nirahua, Garciano Sebastian, William Markus