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All Journal Jurnal Konstitusi Jurnal Legislasi Indonesia
Reza Syawawi, Reza
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Law, Crime, Criminology & Criminal Justice Other

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Pengaturan Pemberhentian Presiden dalam Masa Jabatan Menurut UUD 1945 (Studi Komparatif Sebelum dan Sesudah Perubahan) Syawawi, Reza
Jurnal Konstitusi Vol 7, No 6 (2010)
Publisher : Mahkamah Konstitusi Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (497.56 KB) | DOI: 10.31078/jk%x

Abstract

In terms of the constitutional basis, the impeachment of the President in his tenure has been set substantially on the third amandement 1945 (2001) which was ratified on November 9, 2001. The process of the president impeachment is no longer entirely left to the political mechanism, but based on legal mechanisms as provided in Article 7a and 7b the 1945 constitution. Besides relating to the violated of law, the impeachment of  the President in his tenure is also possible if the president is no longer qualify as a president as stated in Article 6 of the 1945 constitution.
MEMUTUS OLIGARKI DAN KLIENTELISME DALAM SISTEM POLITIK INDONESIA MELALUI PEMBAHARUAN PENGATURAN PENDANAAN PARTAI POLITIK OLEH NEGARA Syawawi, Reza
Jurnal Legislasi Indonesia Vol 18, No 1 (2021): Jurnal Legislasi Indonesia - Maret 2021
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v18i1.752

Abstract

The objective of State funding for political parties is to create balance in governing political parties. The minimum intervention from the state to political parties will cause political parties controlled by the oligarchs. These oligarchs have the intention in the making of policies or regulations. The domination of elites in funding the political parties create clientelism in the electoral processes. In this context, increasing the state funding for political parties can be chosen as a recommendation. But it should be followed by the accountability in reporting the finance and improvement of political parties governance. This recommendation should be applied the revision in the law of political parties. The existing law of political parties are not maximally regulate about the accountability of political parties. The obligations, restrictions, and sanctions that are stated in the law are unable to cut the illegal funding for political parties. The design of oversight in political party finance are seems to unable control the illegal funding such as funding from individual donors or private sector. According to that, it is important to increase the state funding for political party along with increasing the accountability of the political party finance and improving the political party governance.
DISKRESI DAN POTENSI KORUPSI DALAM PENYELESAIAN MASALAH HUKUM TERKAIT PERCEPATAN PELAKSANAAN PROYEK STRATEGIS NASIONAL (ANALISIS TERHADAP PERATURAN PRESIDEN NOMOR 3 TAHUN 2016 DAN INSTRUKSI PRESIDEN NOMOR 1 TAHUN 2016) Syawawi, Reza
Jurnal Legislasi Indonesia Vol 18, No 3 (2021): Jurnal Legislasi Indonesia - September 2021
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v18i3.735

Abstract

National strategic project is part of Jokowi’s economic program in his administration during his first and second term. This project is aimed to accelerate economic development through infrastructure projects. This project also expected to give impact to the improvement of public services and social welfare. President regelation (Peraturan Presiden) No. 3 Year 2016 and President Instruction (Instruksi Presiden) No. 1 Year 2016 also aimed to accelerate national strategic program such as in giving discretion in solving legal dispute. The president order police and attorney to report abuse of power in national strategic program in another institution to be solved administratively instead of take investigation about the report. This regulation clearly violate the principle of anti corruption act. The Law of Eradication of Corruption clearly mention that there is public right to report and to get information about the progress of any cases. If the police and the attorney only follow up the report to the another institution then it means it is not comply with the law. Even in the criminal law (KUHAP) is mentioned that any report from the public, the law enforcers should investigate the report, not just sending it to another institution. So the discretion in the Perpres and Inpres already loose its relevance with the regulation in the law of administrative governance. Discretion ideally can not violate the law and regulation. If the law enforcer are has any options to do some discretion then it should be done tightly. law enforcement should not be assumed as obstacle in development, but it should be a trigger to a better development.
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