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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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Journal : Jurnal Akta

 1 
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.
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.
Co-Authors Ahmad Redi, Ahmad Zainal Arifin Hoesein