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All Journal HUKMY : Jurnal Hukum Pemuliaan Keadilan Jurnal Hukum, Administrasi Publik dan Negara
Mustajib Mustajib
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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AMANDEMEN KE-5 UNDANG-UNDANG DASAR NRI 1945: PELUANG DAN TANTANGAN Mustajib Mustajib; Ach. Fadlail
HUKMY : Jurnal Hukum Vol. 2 No. 1 (2022): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (962.48 KB) | DOI: 10.35316/hukmy.2022.v2i1.54-69

Abstract

Issues related to amendments to the Constitution, in other words, the 1945 Constitution have been widely voiced by Indonesian people, the above issues have been reported more and more recently, especially with the emergence of several ideas from political figures regarding Prioden's positions of President and Vice President as well as the postponement of the election which caused various upheavals and acceptances. negative in society. Amendments to the amendments to the Constitution are legally constitutional. Because the Indonesian Constitution is not a noble and holy one for a religion, it means that changes can be made but with a note that it is in accordance with the needs and desires of the people as the holder of the highest sovereignty in a democratic legal state. In this article, we examine the issues of change, history, challenges and opportunities to make changes to the 1945 Constitution of the Republic of Indonesia. The results of the study found that amending the 1945 Constitution is legal in accordance with the provisions of Ps. 37 paragraphs (1,2 and 3) which authorize the MPR to make changes to the Constitution. However, the challenge is that the legal politics of the above agenda is feared to result in a political compromise that benefits one party, group or class. So that an in-depth study is needed by involving many parties (the community) to participate in providing suggestions and input and considerations. The historical approach, concept and literature study were chosen as the analytical knife in this article.
Kedaulatan Rakyat dalam Pemilu dan Pilkada: Antara Idealisme Konstitusi dan Praktik Politik Uang Mustajib Mustajib
Pemuliaan Keadilan Vol. 2 No. 3 (2025): July : Pemuliaan Keadilan
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/pk.v2i3.1041

Abstract

The principle of popular sovereignty is a fundamental foundation of the Indonesian democratic system, as stated in Article 1, Paragraph (2) of the 1945 Constitution. Popular sovereignty emphasizes the importance of the people's right to choose and be chosen in general elections (Pemilu) and regional elections (Pilkada), which serve as the source of legitimacy for a legitimate government. This sovereignty should reflect democratic values that are just and equal. However, in practice, the implementation of popular sovereignty through elections is often tarnished by money politics, which threatens the integrity of democracy itself. This phenomenon indicates a profound distortion of democratic principles, where the election process is more driven by material interests than by political aspirations and ideologies. Money politics not only undermines the quality of elections but also diminishes public trust in the democratic process. This practice allows voters to sell their votes in exchange for money or goods, leading to electoral injustice. It transforms general elections and regional elections from an ideal democratic process into a contest reliant on financial resources, rather than on the quality of the leaders chosen. This article aims to analyze the contradiction between the constitutional ideal of popular sovereignty and the reality of money politics in the administration of general elections and regional elections. This study employs a normative juridical approach with qualitative analysis techniques to explore how current laws have guaranteed the implementation of popular sovereignty. The findings indicate that although the legal framework provides protection for the principle of popular sovereignty, weak law enforcement and the persistent transactional political culture hinder its substantial realization. As a solution, this article recommends several strategic steps, including strengthening regulations to limit money politics, reforming the party system to reduce the dominance of practical politics, and enhancing political education based on democratic values and integrity. With these measures, the principle of popular sovereignty can be more purely and consistently upheld, ultimately strengthening Indonesia’s democratic system to be fair and sustainable.
Relavansi Partai Politik dalam Pelaksanaan Pemilu dan Pilkada dalam Konsep Demokrasi Parlementer Mustajib Mustajib
Jurnal Hukum, Administrasi Publik dan Negara Vol. 2 No. 1 (2025): Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v2i1.161

Abstract

The existence of political parties in a country that adheres to a democratic system is a necessity and the inevitability of their existence. Because with the existence of political parties, democracy will run according to the reel that it should run, starting from the freedom to gather and associate as regulated in the constitution to the implementation of general elections for President and Vice President, Legislative and regional head elections indicating that democracy in a country is at least whether or not it can be said to be going well. In Indonesia itself, the existence of political parties can be said to be multi-party because there are more than two parties, as in several other democratic countries where there are only two parties. Although in general, if we look at their ideology, political parties in Indonesia can be grouped into just two, namely parties that are religiously oriented (religious) and parties that are nationalist (state) oriented. In the research results, it is stated that multi-party parties do not always work well and are relevant, so there needs to be simplification in the future so that people are not confused by many parties.
Co-Authors Ach. Fadlail