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All Journal AL WASATH Jurnal Ilmu Hukum Jurnal Poros Hukum Padjadjaran
Ahsanul Minan
UNUSIA (Universitas Nahdlatul Ulama Indonesia)
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Putusan Mediasi Sengketa Tata Usaha Negara, Pemilu di Kota Bekasi Pada Pemilu 2019 Dalam Perspektif Teori Keadilan John Rawls Novita Ulya Hastuti
AL WASATH Jurnal Ilmu Hukum Vol 4 No 1 (2023): Elections and Cyber Law
Publisher : Prodi Ilmu Hukum Universitas Nahdlatul Ulama Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47776/alwasath.v4i1.660

Abstract

This study aims to determine the fulfillment of the principle of justice in the implementation of mediation by the Bawaslu of Bekasi City over election state administrative disputes (Sengketa Tata Usaha Negara) in the 2019 elections, which involved the PAN Party and the PPP Party with the Election Commission of Bekasi City. The principle of justice is one of the six principles of elections and one of the eleven principles of election administration as stipulated in Articles 2 and 3 of Law Number 7 of 2017. However, the operationalization of the fairness principles in the mediation procedure as part of the election dispute resolution system has not yet been translated into operational techniques in Bawaslu regulations. The researchers believe that the four parameters of justice, as stated by John Rawls, namely equal liberty, equal opportunity, and equal distribution, can be used as a reference for operationalizing the principles and principles of fairness. By examining the Dispute Resolution Report and mediation Decision documents issued by the Bekasi City Election Supervisory Body for the case using a legal philosophy approach, the researcher found that the implementation of mediation for the settlement of election state administrative disputes between the PAN Party and the PPP Party with the Bekasi City Election Commission was carried out by the Bekasi City Election Supervisory Body fulfilled the four parameters of justice as stated by John Rawls, namely equal liberty, equal opportunity, equal opportunity, and equal distribution. Based on the results of this study, the researcher recommends that Bawaslu improve the Bawaslu Regulations regarding election process dispute resolution by including these three parameters of justice in the mediation process.
ONRECHTMATIG OVERHEIDSDAAD BY THE GOVERNMENT ON THE LIABILITY OF THE GOVERNMENT REGULATION (CASE STUDY ON LAW NUMBER 18 OF 2017) Khafifah, Nur Rizqi; Minan, Ahsanul; Rusydi, Muhammad
Jurnal Poros Hukum Padjadjaran Vol. 5 No. 1 (2023): JURNAL POROS HUKUM PADJADJARAN
Publisher : Fakultas Hukum Universitas Padjadjaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23920/jphp.v5i1.1451

Abstract

This paper discusses about "Government Actions Against the Obligation to Prepare Government Regulations from Law No.18 of 2017" in the form of a Legal Memorandum. Where the Government in making and issuing Government Regulations from Law No. 18 of 2017 has exceeded the time limit that has been regulated in in law. The legal questions that arise are (1) is the government's attitude that exceeds the time in issuing the Government Regulations an act of the government in carrying out government administration functions? (2) Is the government's attitude exceeding the time in issuing the Government Regulations a violation of State Administration law? This study uses normative legal analysis. The purpose of this writing is the invention of recommendation given by the author for consideration to readers and the people of Indonesia, especially is those who feel be anggrieved by the government’s actions in the state arrangement. The results of the analysis of this Legal Memorandum conclude that the government's action is an administrative function of the government and is an unlawful act. As for the recommended recommendations, citizens who feel aggrieved by the government's actions can take repressive actions against government actions from Law No.18 of 2017, these citizens can sue the President to the State Administrative Court as an authorized court according to law after committing administrative effort.
Co-Authors Khafifah, Nur Rizqi Muhammad Rusydi