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All Journal JURNAL LITIGASI (e-Journal) Jurnal Hukum Novelty Jurnal Hukum IUS QUIA IUSTUM Sriwijaya Law Review Justitia et Pax Syariah: Jurnal Hukum dan Pemikiran WAJAH HUKUM Law Research Review Quarterly
Jamaludin Ghafur, Jamaludin
Universitas Islam Indonesia
Humanities Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Perbandingan Kebijakan Hukum terhadap Tanggung Jawab Transnasional Corporations atas Pelanggaran Hak Menikmati Lingkungan yang Sehat di Beberapa Negara Sri Wartini; Jamaludin Ghafur
Jurnal Hukum IUS QUIA IUSTUM Vol. 22 No. 3: Juli 2015
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol22.iss3.art2

Abstract

Most TNCs investing in developing countries control the exploitation of natural resources. However, the environmental protection standards applied by TNCs in the home state and the host state are not the same. The bad experiences occuring in some developing countries (Indonesia, India, Ecuador, and Nigeria) triggervarious policies to protect the right to enjoy a healthy environment. This study comprehensively analyzes: first, how is the legal policy of the responsibility of TNCs on the right protection to enjoy healthy environment in Indonesia, India, Ecuador, Nigeria and Finland? Second, what are the similarities and differences in its policymaking? This study is a qualitative research with normative and comparative juridical approach. The results of this study concluded that, first, the legal policies of developing countries towards the violation of TNCs responsibilities to enjoy a healthy environment have the same pattern, which is pretty mild in granting sanction, and prioritizing more on the economic growth rather than protecting the right to enjoy healthy environment. Second, the similar legal policy between these countries lies on the fact that they have recognized the right to enjoy healthy environment as a constitutional right and part of human rights. However, the implementation of the legal protection of the right to enjoy healthy environment differs from one country to another.
Intra-party Democracy: The Practices on the Election of Prosperous Justice Party President Jamaludin Ghafur; Saifudin Saifudin
Sriwijaya Law Review Volume 4 Issue 2, July 2020
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol4.Iss2.638.pp154-171

Abstract

This paper will analyze the arrangements and practices for the election of chairperson (president) of the Prosperous Justice Party as one of the party's instruments in implementing intra-party democracy. There are two main issues to be discussed, namely: (i) has the regulation of the election of the president of the Prosperous Justice Party reflected democratic arrangements? (ii) has the democratic election been conducted in the Presidential Election for the Prosperous Justice Party? To answer this question, researchers examine all the laws and regulations relating to the legal issue in question. The laws and regulations referred to fall into two categories, namely primary and secondary legal materials. The results showed that both in terms of formulation of rules and practice, the election of the president of the Prosperous Justice Party is still far from democratic values. It is caused by the following five factors: (1) the right of nomination is not open to all party members but is nominated by the chairman of the Advisory Council, (2) the right to vote does not involve broad party elements but only becomes the authority of the members of the Advisory Council, (3) presidential candidates parties are not elected through a voting mechanism, but by appointment (acclamation), (4) the nature of the election is not competitive because it is always only followed by a single candidate, and (5) there is a limitation of the term of office of five years, but there is no limit on how many times. It has the potential for a party presidential position to be held by one person for an unlimited period.
MENGGUGAT PUTUSAN MAHKAMAH KONSTITUSI TENTANG PENCALONAN MANTAN NARAPIDANA DALAM PEMILU Jamaludin Ghafur
Justitia et Pax Vol. 35 No. 2 (2019): Justitia et Pax Volume 35 Nomor 2 Tahun 2019
Publisher : Penerbit Universitas Atma Jaya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24002/jep.v35i2.2436

Abstract

The constitutional court through its decision No. 42 / PUU-XIII / 2015 states that all ex-convicts may run in elections as long as their political rights are not revoked by the court. They are only required to honestly and openly announce to the public about their convict status. according to the Court, the limitation and even revocation of the political rights of ex-convicts must not be carried out by lawmakers through legislation instruments but must be with a court decision as regulated in Article 35 paragraph (1) number 3 of the Criminal Code. This decision is not entirely correct for two reasons. First, Indonesia as a country that adheres to a continental European legal system (civil law system), the law has a higher position as a source of law (primary sources of law). Whereas the court's decision only as one of the secondary sources of law. Second, the conflict between the Election Law and the Criminal Code should be resolved according to the lex specialis derogat legi generalist principle. Thus, the prohibition for ex-convicts to run for the election as regulated in the Election Law should be interpreted as a specialist regulation so that it can override the provisions contained in the Criminal Code.
Peranan Hukum dalam Mencegah Praktik Politik Uang (Money Politics) dalam Pemilu di Indonesia: Upaya Mewujudkan Pemilu yang Berintegritas M Jeffri Arlinandes Chandra; Jamaludin Ghafur
Wajah Hukum Vol 4, No 1 (2020): April
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (560.045 KB) | DOI: 10.33087/wjh.v4i1.167

Abstract

The presence of a political party in the modern constitutional system is one of the necessity as one of the institutions authorized to fill the political position/power. The filling of the department/Power referred to one must be done through the mechanism of direct selection by the people is to fill the legislative office (DPR, DPD and DPRD) and executives (Presidents and regional heads). Thus, the political parties and the elections are two things that must be mandatory in a democratic state. A problem that always arise in the election is money politic. The majority of the advanced candidates run for the head of the political parties – allegedly strong – always involve material/money to win it. The practice of money politic in the Indonesian system of participation and election is believed to be one of the reasons for the quality and performance of democratic institutions in Indonesia, especially the political parties and parliaments. This kind of thing needs to be identified on what is the factor that causes the political money (money politics) and the necessity of the role of the ideal law (legislation) in providing solutions in reducing or even (when possible) preventing the occurrence of political money (money politics). The type of research used is juridical normative legal research, which is legal research conducted by examining the library material. There are 3 (three) reasons for the emergence of political practice money (money politics) in the elections, namely: (i) Patron-client, poverty factor, low Party-ID. The role that can be taken by the law in preventing the political practice of money is (i) required the policy to impose criminal sanctions only for money politic. (ii) Change the legislative election system from a proportional system to the district system.
Demokratisasi Internal Partai Politik Era Reformasi: Antara Das Sollen dan Das Sein Jamaludin Ghafur
Jurnal Hukum IUS QUIA IUSTUM Vol. 30 No. 1: JANUARI 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol30.iss1.art1

Abstract

Political parties as the main feature of representative democracy may only be able to function optimally in upholding the principles of democratic government if they are managed internally in a democratic manner. It is impossible for a democratic program to be developed by a non-democratic political party. This paper aims to comprehensively analyze the development of arrangements and practices of internal democratization of political parties in Indonesia during the reform era, especially in the context of leadership succession. This is a doctrinal legal research using primary, secondary and non-legal sources of law. The most important finding from this research is that the rules regarding the internal democratization of political parties are still very general and abstract, giving rise to many interpretations. In addition, there are no provisions for strict sanctions against political parties that do not heed these rules. As a result, most political parties often ignore orders or obligations to carry out the succession of their leaders in a democratic manner as mandated by law.Key Words: Internal democratization of political parties; leadership succession; reform era AbstrakPartai politik sebagai fitur utama demokrasi perwakilan hanya mungkin dapat berfungsi maksimal dalam menegakkan prinsip-prinsip pemerintahan yang demokratis jika secara internal dikelola secara demokratis. Sebuah program demokratis tidak mungkin bisa dikembangkan oleh partai politik yang tidak demokratis. Tulisan ini ingin menganalisis secara komprehensif perkembangan pengaturan dan praktik demokratisasi internal partai politik di Indonesia era reformasi, khususnya dalam konteks suksesi kepemimpinan. Penelitian ini merupakan penelitian hukum doktrinal dengan menggunakan sumber-sumber hukum primer, sekunder dan sumber non-hukum. Temuan terpenting dari penelitian ini adalah bahwa aturan tentang demokratisasi internal partai politik masih sangat umum dan abstrak sehingga menimbulkan banyak interpretasi. Selain itu, tidak ada ketentuan sanksi yang tegas terhadap partai politik yang tidak mengindahkan aturan tersebut. Akibatnya, sebagian besar partai politik seringkali mengabaikan adanya perintah atau kewajiban untuk melaksanakan suksesi kepemimpinnya secara demokratis sebagaimana diamanatkan oleh undang-undang. Kata-kata Kunci: Demokratisasi internal partai politik; suksesi kepemimpinan; era reformasi
PEMBATASAN MASA JABATAN KETUA UMUM PARTAI POLITIK: TINJAUAN NEGARA HUKUM DAN DEMOKRASI Jamaludin Ghafur
LITIGASI Vol. 25 No. 2 (2024)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v25i2.19327

Abstract

This paper aims to identify the implications of not regulating the term limits of political party chairmen on the principles of the rule of law and democracy and to find juridical and conceptual reasons for the government to regulate it. This research employs a normative legal method with a statutory and conceptual approach. Some of the research findings show that the implications of the absence of rules limiting the term of office of political party chairmen have negative implications for the principles of the rule of law and democracy, namely that leadership turnover or regeneration does not take place regularly. As a result, the majority of leadership in political parties has an authoritarian character where the party as an organization is not managed based on rules, but is determined by the authority and personal subjectivity of the chairperson. Initially, the limitation on the term of office of party chairpersons was not included in the regulation to prevent the Government from interfering in the internal affairs of parties, which based on past experience - especially during the Old Order and New Order, excessive state intervention has led to violations of citizens' constitutional rights to associate and assemble. Currently, the threat to citizens' freedom of association and assembly comes from the internal power of political parties, particularly from party chairpersons. With enormous and almost unlimited authority, party chairmen can act arbitrarily. Therefore, it is time for the Government to strictly regulate the limitation of the term of office of party chairpersons to...
Co-Authors Ali Ridho Allan Fatchan Gani Wardhana, Allan Fatchan Gani M Jeffri Arlinandes Chandra Ni'matul Huda Saifudin Saifudin Saifudin Saifudin Sri Wartini