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Peningkatan Kesadaran Hukum Penggunaan Hak Pilih Pemilih Pemula di MA DDI Padanglampe Farah Syah Rezah; Andi Tenri Sapada; Sri Amlinawaty A. Muin
Jurnal Pengabdian Masyarakat (ABDIRA) Vol 3, No 1 (2023): Abdira, Januari
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/abdira.v3i1.250

Abstract

The activity of community dedication which is done at MA DDI Padanglampe was to increase the legal awareness the use of suffrage for novice voters by using need assestment method, legal counselling, accompaniment and evaluation for the students of MA DDI Padanglampe. The purpose of this activity is to make the students understand their important role in the election. Therefore, the activity of legal counselling and accompaniment were programmed for the students of MA DDI Padanglampe and the results were; they are capable to determine which categories are included as novice voters; ready to objectively evaluate the nominating figures; and realize the importance of using suffrage in election.
Independensi dan Akuntabilitas Mahkamah Konstitusi dalam Sistem Ketatanegaraan di Indonesia Farah Syah Rezah; Andi Tenri Sapada
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.166

Abstract

This study aims to examine and analyze the independence and accountability of the Constitutional Court in the constitutional system in Indonesia. This study uses a normative juridical method with a statute approach. The collection of primary, secondary, and tertiary legal materials is carried out using literature study techniques. The collected legal material is analyzed using qualitative data analysis methods to describe the problem and answer study purposes. The results show that the Constitutional Court acts as the interpreter and guardian of the constitution. In addition, the Constitutional Court also acts as a guardian of human rights, citizens’ constitutional rights, and democracy. Furthermore, independence and accountability in a judicial process are like two sides of a coin. These cannot be separated because the two principles complement each other. Although the Constitutional Court has implemented duties and functions based on the principle of accountability. However, the independence of the Constitutional Court as the executor of Judicial Power has finally been lost. The Constitutional Court is now a judicial institution whose position is limited to sub-ordination from the other spheres of State Power which proposes Judges to fill in the Constitutional Court. Therefore, it is recommended that Constitutional Judges maintain their independence even though their positions result from proposals by other spheres of State Power. It is also recommended that the President and the House of Representatives uphold the mechanism of checks and balances between spheres of state power based on democratic principles. In this case, to realize the ideals of a law-based and democratic-based state for the sake of a more recognized national and state life.
Juridical Analysis of the Voting Rights of the TNI and the National Police in General Elections in Indonesia Reviewed from the Perspective of Human Rights Andi Tenri Sapada; Farah Syah Rezah; Andi Sri Rezky Wulandari
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

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

Abstract

This study aims to analyze the voting rights of members of the Indonesian National Army (TNI) and the Indonesian National Police (Polri) in general elections in Indonesia from the perspective of human rights (HAM). Constitutionally, the right to vote is part of human rights regulated in various national and international legal instruments. However, in Indonesia, members of the TNI and Polri are restricted from active and passive voting rights in elections on the grounds of maintaining institutional neutrality and professionalism. This study uses a normative juridical method with a legal approach and literature studies related to human rights theory and democratic principles. The results of the study show that there is a dilemma between the protection of human rights for members of the TNI and the National Police and the need to maintain political stability and neutrality in the Indonesian democratic system. This study recommends the importance of policy evaluations that provide a balance between respect for human rights and the institutional functions of the TNI and the National Police. This study is expected to contribute to the formulation of more inclusive policies without ignoring the basic principles of democracy and human rights.Â