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All Journal AL-Daulah Arena Hukum Jurnal Konstitusi Jurnal Penelitian Hukum De Jure Ajudikasi : Jurnal Ilmu Hukum Jurnal Konstitusi Indonesian Notary Jurnal Konstitusi dan Demokrasi Jurnal Indonesia Sosial Teknologi Jurnal Hukum dan Pembangunan Unifikasi : Jurnal Ilmu Hukum Jurnal Legislasi Indonesia
Fitra Arsil
Faculty Of Law Universitas Indonesia
Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Presidential Inauguration: Pertanggungjawaban Presiden Indonesia Dalam Prosedur dan Materi Sumpah Jabatan Winda Sari; Fitra Arsil; Nurul Insi Syahruddin; Desi Fitriyani
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 12 No 2 (2023): (December)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/ad.vi.41577

Abstract

This article examines the validity and accountability of Indonesian’s President based on the procedures and content of the office’s oath. The research method used is doctrinal, with a legislative approach and a constitutional comparison of fifty countries in the world that adhere to the presidential system of government. The results shows normatively, the authority to inaugurate the president is given to the People's Consultative Assembly (MPR) based on Article 9 of the 1945 Constitution. However, in practice, MPR doesn’t inaugurate the president because it only witnesses the president reciting the oath. Nevertheless, the practice of inauguration is still valid. A comparison of fifty countries shows a trend of the president taking the oath before parliament with the alternative of taking the oath before the Supreme Court (MA) if the MPR is absent. This trend is also applied in Indonesia, but ideally swearing before the Supreme Court is no longer relevant in Indonesia. Seeing the coherence and logical consequences of the president's relationship in formal accountability is closer to the Constitutional Court, in this case as a priveligiatum forum for impeachment events. Thus, the procedure for swearing in the president is more appropriate in front of the MPR, witnessed by the Chairperson of the Constitutional Court. For the oath content , although it is not explicitly stated to whom, the moral responsibility of the president is still addressed to the people as the mandate giver.
Masa Jabatan Presiden dan Wakil Presiden: Penambahan Pengaturan pada Keadaan Darurat dan Sirkulasi Periodisasi Desi Fitriyani; Fitra Arsil; Winda Sari; Nurul Insi Syahruddin
Ajudikasi : Jurnal Ilmu Hukum Vol. 7 No. 2 (2023): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v7i2.7773

Abstract

This paper departs from the problematic arrangements for the term of office of the president and vice president that have been regulated in Article 7 of the 1945 Constitution of the Republic of Indonesia. The article has not accommodated the regulation of the term of office if the country is in a state of emergency and leaves a question regarding the possibility of re-election of the president and vice president who have been elected previously. The purpose of this research is, first, to provide an analysis of the need to regulate the term of office of the president and vice president when the country is in a state of emergency and second, to analyze the need for changes in the circulation of periodicity and tightening of the norms. The type of research used is normative legal research using conceptual and comparative constitutional approaches. The results of the research show that reformulation of the regulation of the term of office of the president and vice president is needed on 2 (two) matters. First, the provisions regarding the term of office of the president and vice president if the country is in a state of emergency which is also carried out by several countries. The urgency of this arrangement can be seen from the experience of emergencies that have occurred in Indonesia. Secondly, it is necessary to circulate periodization and tighten arrangements regarding the possibility of re-election of the president and/or vice president. For accountability, the re-election of the president and/or vice president should only apply if done consecutively. The tightening is intended to close the space for misinterpretation of the existing provisions that the constitution has opened the opportunity for the president and/or vice president to serve more than 2 (two) periods if the partner is a different person.
Green Constitutional Paradigm for Sustainable Environmental Development in the Capital of Archipelago: A Comparative Research with France and Ecuadorian Constitution Kusworo, Daffa Ladro; Arsil, Fitra
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 02 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i02.769

Abstract

Green constitution is the solution to various kinds of public concerns related to the decline of environmental functions. Although the 1945 Constitution, attempted to contain articles on the environment, Indonesia was still classified as a country that only regulated it formally. The implication was the inadequate exploration of the National Capital City developed based on the concept of smart forest city. This led to environmental damages in the form of deforestation and lengthy sustainable recovery. Normative methods were adopted to examine the environmental aspects as a state of law. This was further analysed in view of the relevant issues. The 1945 Constitution's accommodation of green constitution was still far behind compared to France and Ecuador, which both constitutionalised environmental law norms. The French constitution, for example, mandated that every draft law produced by its Parliament must follow the provisions and standards stipulated in the Environmental Charter. Additionally, development of National Capital City towards the conditions and threats of environmental sustainability, strengthened the conceptual foundations of related issues.
PERAN MAHKAMAH KONSTITUSI DALAM PENYELESAIAN SENGKETA PEMILU 2009 Arsil, Fitra
Jurnal Legislasi Indonesia Vol 6, No 3 (2009): Jurnal Legislasi Indonesia - September 2009
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v6i3.332

Abstract

The Constitutional Court has played a major and decisive rolein the last election in 2009. Major role has even begun longbefore the general election phase began to be implemented andthe end of the election stage is also determined by the role ofthe Constitutional Court. Role of the Constitutional Court is notlimited to law enforcement types contained in the Act governingthe elections, namely the dispute over the result but much biggerthan that. Interestingly, in performing its role the Court hasissued decisions controversy that has never previouslyencountered, even the decision of the Court authority alsointersecting with other judicial institutions. But on the other sideis also found in guarantees of citizens rights and minimalprotection can actually be done by the Constitutional Court.Election 2009 also suggests that institutions like theConstitutional Court that can act as a determinant of a verydelicate political process that could drag the politicization ofthis institution out of the originality.
Pengembalian Fungsi Pengawasan Pemilu Kepada Masyarakat Sebagai Wujud Penyelenggaraan Pemilu Yang Demokratis Dinaka, Burhan Robith; Arsil, Fitra
Jurnal Konstitusi & Demokrasi Vol. 3, No. 1
Publisher : UI Scholars Hub

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

Abstract

Elections as a means of implementing people's sovereignty which are held directly, publicly, freely, confidentially, honestly and fairly within the territory of the Unitary State of the Republic of Indonesia which are based on Pancasila and the 1945 Constitution of the Republic of Indonesia also mandate a model of election supervision through Bawaslu as the election organizing institution whose task is to observe, review, inspect and assess the election implementation process so that it runs in accordance with the provisions of applicable laws and regulations. The ongoing strengthening of positions, duties, functions and authority within Bawaslu has left a number of problems. On the other hand, active involvement in the role of the community as owners of sovereignty is also an inseparable part in the realization of holding democratic elections. This research aims to examine the urgency and model of election supervision carried out by the community. In studying this problem, this research uses qualitative research methods with research results in the form of prescriptive normative analysis. In this research, it was concluded that massive civil society participation in overseeing elections must continue to be pursued. One of them is by providing guarantees of the availability of funds obtained by each election monitoring actor to carry out their duties and functions as election observers. Meanwhile, Bawaslu can focus on enforcing election law. Burhan Robith Dinaka, University of Indonesia Fitra Arsil, University of Indonesia Keywords: electoral justice, electoral monitoring, electoral observation
Administrative Violations and Process Disputes in the 2020 Regional Head Election of Bandar Lampung City Santoso, Amin Nugrah; Arsil, Fitra
Jurnal Indonesia Sosial Teknologi Vol. 5 No. 11 (2024): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v5i11.8770

Abstract

The 2020 Regional Head Election in Bandar Lampung City is an election process that has been regulated in Law No. 10 of 2016. However, in the stage mechanism there are Systematic and Massive Structured violations according to the findings of the Lampung Provincial Bawaslu based on reports followed up by the Lampung Provincial Bawaslu. The purpose of this study is to find the factors that cause administrative violations in the 2020 Regional Elections in Bandar Lampung City based on Law Number 10 of 2016, explain cases of administrative violations of the Regional Elections related to process disputes and disputes over results, and analyze the process of resolving administrative violations of the Regional Elections against disputes over processes and disputes over results. The research method in writing this thesis is doctrinal law research with a method of collecting data from literature studies to answer problems which then the results are expected to aim at providing solutions or suggestions to overcome problems. Departing from the discussion, disputes over the election administration process and disputes over the results of the Regional Elections are the root of the problem in the 2020 Regional Head Election in Bandar Lampung City. The solution offered is the regulation of the 2020 Regional Elections based on Law Number 10 of 2016 regulating the implementation of the Regional Elections under normal circumstances, meaning that the Covid-19 pandemic has not occurred.
Co-Authors Abadi, Songga Aurora Aditya Wahyu Febriyantoro Ali Abdillah Annisa Aurelia Jessika Putri Desi Fitriyani Dinaka, Burhan Robith Kusworo, Daffa Ladro Liza Priandhini Mohammad Novrizal Nurul Insi Syahruddin Qurrata Ayuni Qurrata Ayuni Qurrata Ayuni, Qurrata Ryan Muthiara Wasti Sahel Muzzammil Santoso, Amin Nugrah Sutan Sorik Winda Sari Yunani Abiyoso