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Modifikasi Dimensi Hoax dan Negative Campaign dalam Pemilihan Umum Sebagai Wujud Pemenuhan Hak Kebebasan Berpendapat Mahardika, Ahmad Gelora
TANFIDZIY Vol 3 No 1 (2024): Tanfidziy: Jurnal Hukum Tata Negara dan Siyasah
Publisher : Constitutional Law and Siyasah Department, Sharia and Law Faculty, IAIN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/tanfidziy.v3i1.2089

Abstract

The election is a regular political momentum in the Indonesian constitutional system. History records that elections have always been a political contestation that presents various dynamics at the national and local levels. This dynamic has various forms, including hoax news or negative campaigns whose truth cannot be verified. However, the Indonesian legal system still needs to provide a concrete definition regarding the differentiation of meaning between insult and criticism. That causes the perpetrators of the criminal act of spreading hoaxes to be interpreted unilaterally by law enforcement even though it was criticism. On the other hand, as the supreme leader of law enforcement, the government has the potential to abuse power and intervene in law enforcement processes, which can disrupt Indonesia's democratic process in elections. Based on this, the idea of modifying the dimensions of hoaxes and negative campaigns in elections, especially related to the criminal system, is urgent. The hypothesis in this study is that it is necessary to modify the dimensions of the election, especially those governing the electoral criminal system as a form of state existence to present democratic elections.
The Idea of the Bottom-Up Paradigm to Top-Down in Regional Arrangement in Indonesia Mexsasai Indra; Geofani Milthree Saragih; Dessy Artina; Mohd. Yusuf DM; Ahmad Gelora Mahardika
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.38493

Abstract

The reformation era in Indonesia emphasized regional autonomy, resulting in the creation of numerous regions, as affirmed by Articles 18, 18A, and 18B of the 1945 Constitution. Laws Number 22 of 1999 and 23 of 2014 supported a bottom-up paradigm, allowing local communities to propose new regions. However, not all proposals were accepted by the central government, leading to national integration threats and community conflicts. This approach has resulted in unequal development and delays due to conflicting interests between local communities and the central government. Such imbalances have fostered resentment and hindered cohesive national development. This research proposes a top-down approach where the central government fully oversees regional expansion. By centralizing the decision-making process, resources and development opportunities can be more evenly distributed, reducing conflicts and streamlining administrative procedures. The urgency of this shift is underscored by the potential risks to national unity and stability under the current system. The proposed top-down approach aims to enhance the efficiency and effectiveness of state administration, ensuring that regional autonomy contributes positively to national cohesion and progress.
Harmonisation Of Sharia-Based Regional Regulations In Banjarmasin City With The Constitution: A Normative Juridical Study Prasetia, Trenadi; Abdillah, Muhammad Torieq; Mahardika, Ahmad Gelora
Hukum Islam Vol 25, No 2 (2025): ISLAMIC LAW
Publisher : Universitas Islam Negeri Sultan Syarif Kasim Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24014/hi.v25i2.38828

Abstract

This study aims to examine the conformity of sharia-based regional regulations in Banjarmasin City with the 1945 Constitution of the Republic of Indonesia and to formulate harmonization strategies to ensure that such regulations remain consistent with the principles of the rule of law, legal pluralism, and the protection of constitutional rights. This research employs a normative juridical method using statutory, conceptual, and case approaches. The data were collected through a literature review of relevant legislation, sharia-based regional regulations in Banjarmasin City, and legal scholarship, and were analyzed qualitatively using systematic and constitutional interpretation. The findings indicate that several sharia-based regulations contain provisions that potentially conflict with constitutional principles, particularly freedom of religion, equality before the law, and non-discrimination. Although these regulations were enacted based on the aspirations of the local majority and intended to promote morality and public order, their implementation has not fully accommodated societal diversity and constitutional rights. This study proposes harmonization through substantive normative revisions, the application of inclusive legal principles, and the establishment of continuous evaluation and monitoring mechanisms. The results of this research are expected to contribute to policy formulation by local governments in developing regional regulations that are constitutional, equitable, and responsive to legal and social pluralism.