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Kepastian Hukum Status Terpidana Percobaan dalam Syarat Pencalonan Pilkada Gorontalo Utara 2024 Sandi Pratama Katili; Erman I. Rahim; Abdul Hamid Tome
Legtimacy: Journal of Law and Islamic Law Vol. 1 No. 2 (2025): Legitimacy: Journal of Law and Islamic Law
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jolil.v1i2.1851

Abstract

This study examines the 2024 North Gorontalo regional election dispute regarding the eligibility of probationary convicts. Legislative ambiguity caused conflicting interpretations between the KPU, Bawaslu, and the Constitutional Court. Constitutional Court Decision No. 55/PHPU.BUP-XXIII/2025 adopted a progressive stance, ruling that candidates serving probation are ineligible and must be disqualified, necessitating a revote. While this decision upholds democratic integrity and electoral justice, it reveals inconsistencies when compared to precedents like the Rusli Habibie case. The findings demonstrate that legal certainty concerning candidacy requirements remains suboptimal, specifically regarding the political rights of those under judicial supervision. This research argues that regulatory harmonization and reinforcing the Constitutional Court’s authority are vital to ensuring regional elections are consistent, fair, and responsive. Such legal reforms protect essential constitutional rights of voters within the current local democratic process today in Indonesia to guarantee governmental integrity based upon the highest prevailing laws of the Indonesian legal nation.
Implementation And Strengthening Oversight Function In The DPRD of Gorontalo Province Abdul Hamid Tome; Supriyadi A. Arief
Journal of Law and Policy Transformation Vol 9 No 2 (2024)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v9i2.9929

Abstract

The oversight function is one of the functions of the DPRD, but it has not worked well in practice. Therefore, through this research, we are trying to generate ideas regarding implementing the DPRD's oversight function on regional government administration, mainly carried out by the Gorontalo Province DPRD. This research is empirical legal research because it examines problems in the legal field, namely in the Gorontalo provincial DPRD as the research object. This qualitative research approach is a way of analyzing research results that produce descriptive data. This research concludes that the form of implementation of the oversight function carried out by the Gorontalo Province DPRD is in two forms, namely: supervision in hearings by inviting stakeholders and direct visits, both planned and unannounced (sudden inspections), as well as supervising the implementation of follow-up actions—results of examination of financial reports by the Financial Audit Agency. Therefore, the implementation of the oversight function carried out by the Gorontalo Provincial DPRD can be improved through the use of social media in receiving reports from the public so that it will make it easier for the monitoring mechanism by the Gorontalo Provincial DPRD as well as to control budget availability in the implementation of regional regulations so that budget allocation for the implementation of regional rules is appropriate. It has been established and can be used efficiently and accountably.
Personal Data Protection in Political Party Information Systems in the Organization of General Elections: Concept and Law Reform Recommendations Erman I. Rahim; Mohamad Afriyansyah Dukalang; Abdul Hamid Tome; Nuvazria Achir; Souad Ezzerouali
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.12942

Abstract

Exploiting citizens’ personal data by political parties within the Political Party Information System (SIPOL) database during the 2024 General Election has adversely affected the public. This paper examines the exploitation of citizens’ personal data by political parties via identity fraud from a legal standpoint, while also suggesting a framework for personal data protection and legal change. The primary aim is to offer conceptual proposals for safeguarding people’s personal data inside SIPOL and to suggest legal revisions to the Election Law and Political Party Law, therefore integrating requirements for personal data protection into the Personal Data Protection Law. This study utilized normative legal research methodologies, including a statute, case, and conceptual approach, to address the legal issues under examination. The research findings indicated that the illicit utilization of citizens’ personal data for political party membership adversely affects the individuals involved and constitutes a legal infraction. This article provides a framework for safeguarding people’s personal data within the SIPOL, alongside legal revisions to the Election Law and Political Party Law, which policymakers can address.
Upaya Pemenuhan Hak Politik Pemilih Pemula Warga Penyandang Disabilitas Dalam Pemilihan Umum Tahun 2019 Di Kecamatan Limboto Kabupaten Gorontalo Tri Wahyuni Amalia; Zamroni Abdussamad; Abdul Hamid Tome
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.93

Abstract

This research aims to find out and analyze efforts to fulfill political rights for first-time voters with disabilities in the general election in Gorontalo Regency in 2019 and to find out and analyze the factors inhibiting the fulfillment of political rights for first-time voters with disabilities in the general election in Gorontalo Regency in 2019 , based on the title raised in this research, researchers see the weakness of Indonesia's defenses from attacks by things that endanger society, thousands of illegal drugs have been circulating throughout Indonesia. This research uses empirical methods. The data collection process examined by researchers in this research is primary data and secondary data. Data collection techniques that support and are related to this research are interviews, observation and literature study. The results of this research show that the KPU and the Government have ensured the implementation of efforts to respect and promote , protection and fulfillment of the rights of novice voters with disabilities to develop themselves and utilize all abilities according to their talents and interests to enjoy, participate and contribute optimally, safely, freely and with dignity in all aspects of national, state and social life. By socializing and expanding the network of first-time voters with disabilities to play an effective role in the general election system at all stages or parts of its implementation. Increasing the participation of people with disabilities in elections is also not easy. Every citizen has the right to social security necessary for a decent life and for full personal development. Every person with disabilities, elderly people, pregnant women and children have the right to receive special facilities and treatment. Accessibility problems are one of the factors that cause first-time voters with disabilities to not cast their votes optimally, as happened in Gorontalo where the Gorontalo Regency General Election Commission continuously coordinates with first-time voters with disabilities to ensure that these first-time voters with disabilities are still able to vote. exercise their rights when voting.
Pengawasan DPRD Provinsi Gorontalo Terhadap Penerapan Peraturan Daerah Tahun 2020 Madyatama SY. Failisa; Nirwan Junus; Abdul Hamid Tome
Jurnal Begawan Hukum (JBH) Vol. 2 No. 1 (2024): Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v2i1.96

Abstract

This research aims to find out how supervision is carried out by the Regional Representative Council of Gorontalo Province regarding the implementation of regional regulations promulgated in 2020. This type of research is Empirical Research. The research results show that the forms of supervision over regional regulations are divided into two, namely preventive supervision and repressive supervision. Preventive supervision is carried out before a regional regulation is passed. Repressive supervision is carried out after the regional regulation is passed, where what is supervised is the implementation of the regional regulation and is carried out by the Provincial Regional People's Representative Council. Repressive supervision in the implementation of regional regulations in Gorontalo Province is carried out by the Regional People's Representative Council in two ways: first, going directly to the field to directly observe the implementation of regional regulations; and secondly, hold an evaluation meeting on the implementation of the regional regulations by inviting agencies related to the regional regulations being supervised.