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All Journal Jurnal Indonesia Sosial Sains Journal Research of Social Science, Economics, and Management
Megawati Barthos
Universitas Borobudur, Indonesia
Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Energy Environmental Science Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences

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Law Enforcement In Overcoming Election Crime (Case Study Of Bawaslu, Semarang District) Redhi Setiadi; Megawati Barthos; Zudan Arief Fakrulloh
Journal Research of Social Science, Economics, and Management Vol. 2 No. 10 (2023): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v2i10.460

Abstract

The issues with upholding election law must be resolved comprehensively if elections are to be held in an honest and fair manner and if they are not to be delegitimized in the future. The first thing that must be done is to determine what is causing issues with law enforcement; After that, a comprehensive solution to this issue is sought, resulting in the establishment of a system of election law enforcement capable of guaranteeing free and fair elections. According to international democratic election standards, free and fair elections can be achieved if there are legal instruments that can protect organizers, participants, candidates, voters, observers, and citizens in general from fear and intimidation, violence, bribery, fraud, and other fraudulent practices that will affect the results of the election. This type of research is normative research. The approach used is a statutory approach (statute approach) and a conceptual approach (conceptual approach). Secondary data are used as the data source. Qualitative and descriptive methods were used to analyze the data. Conclusions are drawn using the deductive method, namely concluding from general to specific, especially those related to the research topic, namely law enforcement against election crimes. This research resulted in findings that future election legislation must re-clarify the notion of election administration violations. In this case, administrative violations can be divided into two major groups, namely minor administrative violations, and serious administrative violations.
Analysis of Constitutional Court Decision Number 01/PHPU-PRES/XVII/2019 Related to Presidential Election Disputes Farizal Pranata Bahri; Megawati Barthos
Journal Research of Social Science, Economics, and Management Vol. 2 No. 11 (2023): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v2i11.471

Abstract

The study desires to find out the basic considerations and analysis of the Constitutional Court regarding the dispute over the results of the 2019 Presidential General Election. The type of research used is normative research. The results obtained from this study are that Bawaslu has too broad authority and even the Constitutional Court cannot re-examine the results of the Bawaslu decision because it is final. It is contrary to the principle of checks and balances applied in Indonesia. Therefore, the Drafters view that Law Number 7 of 2017 concerning General Elections needs to be replaced by a regulation that can expand the authority of the Constitutional Court or at least the Constitutional Court has the authority to re-examine decisions from election management bodies.
Criminal Sanctions Against Empty Bilyet Giro Issuers in Indonesia M. Zahlan M. Zahlan; Faisal Santiago; Megawati Barthos
Jurnal Indonesia Sosial Sains Vol. 4 No. 08 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i08.860

Abstract

Bilyet Giro is part of banking services in Indonesia carried out by conventional commercial banks. Conventional commercial banks are closely related to people's economic activities. The use of Bilyet Giro as a means of payment began to be felt by businesses, so the introduction and use of Bilyet Giro is a sign that the public knows the important role of Bilyet Giro as a means of giral payment. For issuers who issue empty bilyet giro will receive administrative sanctions in the form of inclusion of the customer's name into the Blank Giro Withdrawal Black List, and the customer is required to return the remaining unused bilyet giro blanks. The name of the customer listed in the blacklist expires, and then can be accepted again as a bank customer. However, if the issuer of an empty bilyet giro has an indication and it should be suspected that after the investigation process it turns out that there is an element of fraud, criminal sanctions can be imposed as stipulated in the Criminal Code. Guarantee of legal certainty in the application of the principle stated in Article 1 paragraph (1) of the Criminal Code, namely that a person can only be punished for his actions, if criminal sanctions for those actions have been regulated in advance in the Law. No matter how evil an act is, it will not be punishable if there is no law prohibiting it and mentions its sanctions. (Article 1 paragraph (1) of the Criminal Code).
Co-Authors Faisal Santiago Farizal Pranata Bahri M. Zahlan M. Zahlan Redhi Setiadi Zudan Arief Fakrulloh