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All Journal Jurnal Ilmu Hukum KYADIREN LEGAL BRIEF
Noer Dini Camelia
Universitas Madura, Indonesia
Law, Crime, Criminology & Criminal Justice

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Limiting the age for candidates of public officials viewed by human rights and moral perspective Lutfiadi Lutfiadi; Noer Dini Camelia; Win Yuli Wardani; Febrina Heryanti; Sapto Wahyono
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i2.982

Abstract

Elections are a key requirement of a democratic state. Democracies uphold human rights. There are human rights that can be restricted and Elections are a key requirement of a democratic state. Democracies uphold human rights. There are human rights that can be restricted and those that cannot. The right to be elected and to vote in public office is a human right that can be restricted by the state, but the restriction must be based on reasons that are in line with morality. This research aims to understand whether restrictions on the right to be elected and to vote based on age are in line with the law and morals or vice versa. This research is normative legal research that focuses on the problem of legal norms at the level of positive law, legal theories, and principles. The approaches used are legislation, literature review, conceptual approaches. The result is that all forms of restrictions on the community to participate in state life are restrictions on human rights. Restrictions on human rights are a violation of moral values. The conclusion is that a democratic state should not limit a person's right to vote and elect. The state should leave it entirely up to the people, whether they want to vote for that person or not. The Constitutional Court should not create new norms, the Constitutional Court should only have the authority to declare a certain legal norm contrary to the 1945 Constitution or not
The existence of arbitration verdict cancellation efforts regarding final and binding characteristics Noer Dini Camelia; Lutfiadi Lutfiadi; Febrina Heryanti; Win Yuli Wardani; Agustri Purwandi
LEGAL BRIEF Vol. 13 No. 2 (2024): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The arbitration verdict must include a verdict implementation period. It is based on the arbitration verdict characteristics based on Article 60 AADR LAW (Law on Arbitration and Alternative Dispute Resolution), namely that an arbitration verdict is final, has permanent legal force, and is binding on both parties; therefore, the legal consequences do not only apply to the parties who are arbiter but also arbitration verdicts cannot be further tested for legal consequences by other institutions. However, the provisions of Article 60 AADR LAW are followed by the provisions of Article 70 AADR LAW, which allows for arbitration verdict cancellation by the District Court as in Article 71 AADR LAW. Hence, this research aims to determine the binding power of an arbitration verdict and the District Court’s authority in canceling an arbitration verdict. The research methodology was normative research with statutory and conceptual approaches. The research results stated that efforts to cancel the arbitration verdict by the District Court had implications for the loss of the final and binding characteristics of the arbitration verdict. Efforts to cancel the arbitration verdict required to reconsider its existence
Examining the Legitimacy of the Free Nutritious Meal Program through Western Legal Philosophy and Pancasila Lutfiadi Lutfiadi; Moh. Ali Imron F.H.; Win Yuli Wardani; Noer Dini Camelia; Febrina Heryanti
Jurnal Ilmu Hukum Kyadiren Vol 8 No 2 (2027): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v8i2.503

Abstract

The Free Nutritious Meal (MBG) Program is a strategic state policy aimed at addressing nutritional needs, improving human resources, and promoting social welfare. This study examines its legitimacy through natural law, legal positivism, utilitarianism, and Pancasila legal philosophy. Using normative legal research with philosophical, statutory, and conceptual approaches, the study employs literature review and qualitative normative analysis. The MBG Program possesses substantial philosophical legitimacy by promoting the protection of life, human dignity, legality, legal certainty, social utility, and distributive justice. From a Pancasila perspective, the program reflects Divinity through institutional integrity, Humanity through respect for dignity, Unity through equitable access, Democracy through public participation, and Social Justice through proportional benefit distribution. However, its legitimacy remains conditional upon consistent implementation of legality, morality, accountability, transparency, and social justice. Thus, legitimacy depends not only on policy objectives but also on substantive implementation.
Co-Authors Agustri Purwandi Febrina Heryanti Lutfiadi Lutfiadi Lutfiadi Lutfiadi Moh. Ali Imron F.H. Sapto Wahyono Win Yuli Wardani