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Journal : Amicus Curiae

TINJAUAN PENGANGKATAN PEJABAT DI LINGKUP PEMERINTAHAN DKI JAKARTA (PENGANGKATAN SYAMSUDDIN LOLOGAU SEBAGAI WALIKOTA JAKARTA UTARA): Juridical Review of the Appointment of Officials in the Administration of DKI Jakarta (Appointment of Syamsuddin Lologau as Mayor of North Jakarta) Regita, Angeline; Syam, Radian
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/0bj09g57

Abstract

Regional Autonomy as the implementation of the decentralization system there is delegation of authority given to regional governments to achieve the goals of each region, the regional head is tasked with leading the course of regional autonomy, the appointment of regional heads such as mayors who are not in accordance with statutory regulations can invite various conflicts. The formulation of the problem is what is the mechanism for appointing a mayor based on election regulations and whether this mechanism is in accordance with the mechanism for appointing Syamsuddin Lologau as mayor of North Jakarta. The purpose of this study is to describe the mechanism for appointing Mayors based on election regulations for DKI Jakarta Province and to analyze the appointment of Syamsuddin Lologau as Mayor of North Jakarta. This type of research uses normative legal research, is descriptive and explanatory, uses primary data and secondary data, qualitatively analyzed by drawing conclusions using deductive logic. Based on the appointment of the mayor of North Jakarta, Syamsuddin Lologau, it can be concluded that there was a violation of this appointment and the government should have regulated more clearly regarding the implementation of the mechanism for appointing officials and there is transparency regarding decisions regarding appointments within the scope of the state civil apparatus.
TINJAUAN YURIDIS KEDUDUKAN KEPALA OTORITA IKN DALAM SISTEM PEMERINTAHAN DI INDONESIA: Legal Review of the Position of the Chief of the IKN Authority within Indonesia's Governance System Farhan, Mohammad Rahul; Syam, Radian
AMICUS CURIAE Vol. 1 No. 4 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/a0cp9c28

Abstract

This study discusses the direct appointment of the Nusantara Capital Region Authority Chief by the President, bypassing general elections, raising questions about consistency with the underlying democraticprinciples of the Indonesian State. Although the 1945 Constitution grants the public the right to elect local leaders through general elections, the direct appointment of the Nusantara Capital Region Authority Chief creates tension with these principles, prompting inquiries about leadership legitimacy and the role between central and regional governance. Employing normative legal research methods and descriptive-analytical analysis of secondary data from literature, this study highlights the inconsistency between the appointment of regional heads and the fundamental democratic principles of the state. The implications of this appointment raise concerns regarding accountability, public representation, and alignment with democratic principles. The findings underscore the importance of maintaining consistency in the application of legal regulations in regional head elections, particularly in the Nusantara Capital, as a robust foundation for a transparent, accountable, and people-respecting democratic process.
DAMPAK PUTUSAN MK TERHADAP HAK POLITIK MANTAN KORUPTOR DALAM PENCALONAN ANGGOTA LEGISLATIF 2024: The Impact of the Constitutional Court Decision on the Political Rights of Former Corruptors in the Candidacy for Legislative Members in 2024 Aurigae Bee Hendra; Radian Syam
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24687

Abstract

In a democratic country, elections play a crucial role in shaping a power system based on the sovereignty of the people. The Election Law regulates the requirements for candidacy for the positions of President, Vice President, and legislative members. However, currently, many legislative candidates do not adhere to the specified criteria. The identification problem revolves around the rights of former corrupt convicts before and after Constitutional Court Decision Number 87/PUU-XX/2022, as well as the implications and consequences following the decision, which altered one of the conditions for candidacy as a legislator. The research method employed is a normative and descriptive study, utilizing secondary data as the source of information. This data is qualitatively analyzed, and conclusions are drawn deductively. The result research and conclusion indicate that Constitutional Court Decision Number 87/PUU-XX/2022 has led to changes in the eligibility criteria for legislative candidates, particularly for former convicts, who are now required to wait for 5 years after their release before being eligible to run for election again.
PENYALAHGUNAAN IZIN TINGGAL OLEH WARGA NEGARA INDIA DI INDONESIA: Misuse of Residence Permit by Indian Nationals in Indonesia Devika Cetirzania; Radian Syam
AMICUS CURIAE Vol. 2 No. 4 (2025): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/amicus.v2i4.24742

Abstract

Restrictions on the activities of foreigners in Indonesia are intended to prevent immigration violations, such as misusing visas or residence permits. The misuse of residence permits of two foreign nationals (WNA) from India named Mohammad Zaffer Syed and Syed Naveed violated Law No. 6 of 2011 concerning Immigration by carrying out activities contrary to their limited stay permits. The identification problems of this research are: how the immigration action against the abuse of residence permits by the Indian foreigner is, and whether the immigration action against the two WNAs is in accordance with Law No. 6 of 2011 concerning immigration. The article is a normative legal research, descriptive in nature, using secondary data, then analyzed qualitatively, and the conclusion is drawn deductively. The research and conclusion of this research shows that foreigners from India named Mohammad Zaffer Syed and Syed Naveed Abbas are proven to have misused their residence permit and violated Article 122 letter a of Law No. 6 of 2011 concerning Immigration, and were sentenced to five months imprisonment and a fine of IDR 500,000,000.  with the provision that if the fine is not paid, it will be changed to one-month imprisonment.