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All Journal Lex Jurnalica (Ilmu Hukum) Jurnal Akta Jurnal Hukum Lex Generalis International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Eduvest - Journal of Universal Studies Law and Economics
Ridwan Syaidi
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Independence of the General Election Commission and Election Supervisory Board for Democratic Elections Ridwan Syaidi
JURNAL AKTA Vol 11, No 2 (2024): June 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i2.36375

Abstract

The Constitution explicitly states that to achieve the national ideals and objectives, General Elections need to be held to elect members of the People's Representative Council, members of the Regional Representative Council, the President and Vice President, and to elect members of the Regional People's Representative Council, as a means of realizing the sovereignty of the people and producing representatives of the people and a democratic state government based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The organizers of elections, as regulated in Law Number 7 of 2017 concerning General Elections, are stated to be the Election Commission, the Election Supervisory Body, and the Council of Election Organizer Honor as a unified function of Election Organization. Doubts about the independence of the general election commission continue to be questioned by parties who dislike the results obtained; political narratives and cheating issues are always attached to the general election commission. The purpose of this study is to determine the role of the General Election Commission as the organizer of elections in creating a Just and Fair Election (Direct, Free, and Secret). And how the role of the Election Supervisory Board in carrying out Supervision and Implementation of laws. This study uses a descriptive quantitative approach, where data is based on survey results, document reviews, and observations. The results showed that the competence and independence of the General Election Organizers significantly influence the success of the election stages.
The Legal Issues in Implementing Constitutional Court Decision Number 49/PUU-IX/2011 (The Polemic of the Abolition of Law 7/2020 Article 59 Paragraph 2) Syaidi, Ridwan
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 6 No 1 (2024)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v6i1.318

Abstract

According to Shaw et.al. (2018) the constitutional court is one of the forces behind the revival of comparative studies of constitutional law in the last two decades. The establishment of a constitutional court as the main feature of constitutional reform in new democracies. The purpose of this research is to find out the form of the decision Number 49/Puu-IX/2011 regarding the abolition of Article 59 paragraph 2 of Law Number 7 of 2020, and to find out the impact of Number 49/Puu-IX/2011 concerning the abolition of Article 59 paragraph 2 of the Law. - Law number 7 of 2020?. The method used is normative juridical because it discusses a decision of Law number 7 of 2020 concerning article 59 paragraph 2 which is deleted. The results of the study show 1) Decision Number 49/Puu-IX/2011 which deletes the Manuscript Law 7/2020 Article 59 paragraph (2). 2) The provisions in Article 59 Paragraph (2) were deleted in the results of the revision of the Constitutional Court Law or Law Number 7 of 2020 which was ratified by the DPR. This decision has a polemic impact on the community because it is considered a scenario for the DPR and the President to submit the Constitutional Court's decision, so that the DPR and the President no longer have an assessment of the Constitutional Court. The public considers that this decision is related to the work copyright law because with the abolition of article 59th paragraph 2 it can allow everything that is abolished in the work copyright law to be in vain because it is still under the authority of the president and the DPR.
IMPLEMENTASI KEWENANGAN AMNESTI DAN ABOLISI PRESIDEN DALAM KASUS HASTO KRISTIYANTO DAN TOM LEMBONG Syaidi, Ridwan
Lex Jurnalica Vol 22, No 2 (2025): LEX JURNALICA
Publisher : Lex Jurnalica

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47007/lj.v22i2.9847

Abstract

AbstrakPenelitian ini menganalisis implementasi kewenangan amnesti dan abolisi Presiden dalam kasus Hasto Kristiyanto dan Tom Lembong menggunakan pendekatan normatif-yuridis. Presiden Prabowo Subianto memberikan amnesti kepada Sekjen PDIP Hasto Kristiyanto yang divonis 3,5 tahun penjara dalam kasus suap dan abolisi kepada eks Mendag Tom Lembong yang divonis 4,5 tahun penjara dalam kasus korupsi impor gula. Kewenangan ini didasarkan pada Pasal 14 ayat (2) UUD 1945 dan UU Darurat Nomor 11 Tahun 1954 yang memberikan prerogatif kepada presiden untuk mengampuni dengan pertimbangan DPR dan nasihat Mahkamah Agung. Hasil penelitian menunjukkan bahwa meskipun secara prosedural telah memenuhi persyaratan formal, implementasi amnesti dan abolisi ini menimbulkan persoalan mengenai batasan konstitusional dan implikasi politik hukum. Konsep "kepentingan negara" sebagai dasar pemberian amnesti memerlukan interpretasi yang lebih objektif untuk menghindari subjektivitas politik. Implikasi yang ditimbulkan meliputi potensi pelemahan independensi peradilan, erosion supremasi hukum, dan penurunan kepercayaan publik terhadap sistem peradilan pidana Indonesia. Penelitian merekomendasikan perlunya kriteria objektif kepentingan negara, penguatan mekanisme checks and balances, pembatasan jenis tindak pidana yang dapat diampuni, dan peningkatan transparansi untuk memastikan implementasi yang berkeadilan dan sejalan dengan prinsip negara hukum demokratis.Kata kunci : Amnesti Dan Abolisi, Kewenangan Konstitusional, Politik Hukum AbstractThis research analyzes the implementation of presidential amnesty and abolition powers in the cases of Hasto Kristiyanto and Tom Lembong using a normative-juridical approach. President Prabowo Subianto granted amnesty to PDIP Secretary-General Hasto Kristiyanto, who was sentenced to 3.5 years imprisonment for bribery, and abolition to former Trade Minister Tom Lembong, who was sentenced to 4.5 years imprisonment for sugar import corruption. This authority is based on Article 14 paragraph (2) of the 1945 Constitution and Emergency Law No. 11 of 1954, which grants presidential prerogative to pardon with DPR considerations and Supreme Court advice. Research findings indicate that while procedurally meeting formal requirements, the implementation of amnesty and abolition raises concerns regarding constitutional limitations and legal-political implications. The concept of "state interest" as the basis for granting amnesty requires more objective interpretation to avoid political subjectivity. The implications include potential weakening of judicial independence, erosion of rule of law supremacy, and decreased public trust in Indonesia's criminal justice system. The research recommends the need for objective state interest criteria, strengthening checks and balances mechanisms, limiting types of crimes eligible for pardon, and increasing transparency to ensure just implementation aligned with democratic rule of law principles.Key words: Amnesty And Abolition, Constitutional Authority, Legal Politics
Diploma Withholding by Companies in the Perspective of Constitutional Rights to Education and Employment : A Case Study in Surabaya Syaidi, Ridwan
JURNAL AKTA Vol 12, No 3 (2025): September 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i3.44950

Abstract

This study examines the practice of diploma withholding by companies in Indonesia from the perspective of constitutional rights to education and employment. Diploma withholding, often imposed as a means of ensuring employee compliance, raises fundamental legal issues as it involves the misuse of personal documents containing private data and potentially violates workers’ constitutional rights guaranteed under Article 28D paragraph (2) and Article 31 of the 1945 Constitution. Using a qualitative normative legal research method with statutory and case approach, this study analyzes the legal implications of such practices in relation to labor law, the Law on Personal Data Protection, and constitutional guarantees. The findings show that diploma withholding not only undermines legal certainty and fair treatment in employment relations but also contradicts the principle of human dignity protected under constitutional law. The study concludes that diploma withholding should be considered a violation of constitutional rights, requiring stronger regulatory enforcement and constitutional awareness by both state authorities and corporate actors.
Pengawasan Legislatif Melalui Hak Penyidikan dalam Kerangka Konstitusi Indonesia Syaidi, Ridwan
Jurnal Hukum Lex Generalis Vol 6 No 8 (2025): Tema Hukum Pemerintahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i8.1825

Abstract

The right of inquiry is the right of the House of Representatives (DPR) to conduct investigations into the implementation of laws and/or government policies related to important, strategic matters that have broad impact on social, national, and state life, which are suspected to be contrary to statutory regulations. The purpose of this research is to analyze the use of the DPR's Right of Inquiry conducted against government policies related to the Implementation of the 2024 General Elections. The type of legal research used is normative legal research or library legal research, which is a type of legal research obtained from library studies, by analyzing legal problems through statutory regulations, literature, and other reference materials related to the problem. The results of this research explain that doctrinally, the governmental system is a system that explains the relationship/relations between holders of executive power and holders of legislative power, and in carrying out its constitutional functions, the DPR has the right of interpellation, the right of inquiry, and the right to express opinions. Both in Parliamentary and Presidential systems, the right of inquiry is one form of manifestation of legislative oversight authority over the executive as the holder of governmental power. This oversight is directed at holders of executive power because it is the executive that carries out day-to-day governance, both the implementation of governance that is directly derived from or constitutes a mandate of laws and the implementation of governance that constitutes the implementation of policies made by the executive itself.
The Constitution as a Living Constitution: Dynamic S of Interpretation in The Indonesia Legal System Syaidi, Ridwan
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/laweco.v19i3.230

Abstract

The problem of interpretation of the Indonesian constitution faces a dilemma between normative stability and adaptation to contemporary socio-political dynamics. This study aims to examine the operationalization of the living constitution in the practice of the constitutional judiciary, analyze the hermeneutic methodology of the Constitutional Court, and evaluate the impact of evolutionary interpretation on the constitutional system. Through a qualitative approach based on literature research with doctrinal analysis, the study revealed that the Constitutional Court has implemented the living constitution paradigm through a synthesis of multidimensional interpretations that integrate literal, contextual, and purposive dimensions. The metamorphosis of the role from negative legislator to positive legislator shows the adaptive elasticity of institutions in the face of today's legal complexity. The doctrine of universality of rights becomes an epistemological foundation that allows for the expansion of fundamental protections beyond the explicit enumeration of the constitution. Pancasila-based constitutional identity actualizes the synthetic harmony between tradition and modern constitutionalism. Despite the threat of democratic decline, the living constitution shows strategic potential as an instrument of constitutional consolidation whose effectiveness depends on the preservation of judicial independence and the commitment to the rule of law.
Resolution of Disputes Over The Regional Head Elections Post The Constitutional Court Decision Number 85/PUUXX/2022 Regarding The Implementation of Simultaneous Regional Elections in Indonesia Syaidi, Ridwan; Hoesein, Zainal Arifin; Redi, Ahmad
Eduvest - Journal of Universal Studies Vol. 4 No. 3 (2024): Journal Eduvest - Journal of Universal Studies
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/eduvest.v4i3.1132

Abstract

Constitutional Court Decision Number 97/PUU-XI/2013 which in its consideration states that the Constitutional Court cannot add authority that is not contained in the 1945 Constitution, so that the Constitutional Court Decision Number 85/PUU-XX/2022 remains conditional Constitutional authority considering The Lawmakers also did not draft a special law as intended in the Constitutional Court Decision Number 97/PUU-XI/2013. The problems are (1) What are the implications of the Constitutional Court Decision No. 97/PUU-IX/2013 after the enactment of Law no. 10 of 2016 concerning the Election of Regional Heads on the Implementation of Regional Elections in Indonesia?; (2) What is the impact of resolving regional election disputes after the Constitutional Court Decision No. 85/PUU-XX/2022?; (3) What is the ideal institutional model for resolving setbacks in regional head election results? To answer this problem, a comprehensive study is needed, namely examining the 1945 Constitution, Law N0.10 of 2016, Constitutional Court Decision Number 7273/PUU-II/2004, Constitutional Court Decision Number 97/PUU-XI/ 2013, Constitutional Court Decision Number 85/PUU-XX/2022. Research Results: (1) The authority to examine and decide on the voting results of regional head elections is carried out as long as there is no special court, in order to provide legal certainty in resolving disputes over the results of simultaneous regional heads in 2024. (2) Look at the stages of regional head elections that have been advanced and have not yet been brought forward. (3) Model The ideal institution for resolving disputes over regional head election results must be a special ad hoc judicial body.
Co-Authors Ahmad Redi, Ahmad Zainal Arifin Hoesein