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All Journal Jurnal Ilmu Hukum KYADIREN LEGAL BRIEF
Win Yuli Wardani
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
The Paradox of Nickel Mining and Indigenous Peoples’ Rights in Raja Ampat Adinda Rachman; Nadir Nadir; Win Yuli Wardani
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): 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.v8i1.459

Abstract

The expansion of nickel mining in the Raja Ampat Islands has generated tensions among the green energy transition agenda, biodiversity conservation, and the rights of Indigenous Papuan communities. This study aims to analyze the national and international legal frameworks governing the Indonesian government’s obligations, evaluate the extent to which these obligations have been fulfilled in the governance of mining activities in Raja Ampat, and formulate a multidimensional legal accountability framework for the protection of Indigenous peoples. The study employs a normative legal research method using statutory, conceptual, case, and comparative approaches, with qualitative analysis of the collected legal materials. The findings reveal that, although Indonesia possesses an adequate normative framework, its implementation is hindered by significant accountability deficits, including policy inconsistencies, limited participation of Indigenous communities, and ineffective enforcement of environmental laws. This study proposes a model of administrative, constitutional, civil, environmental, and human rights accountability as a foundation for reforming mining governance toward ecological justice, the protection of Indigenous communities, and the sustainable management of natural resources.
A Synchronization Model of Distributive Justice in Motor Vehicle Tax Regulation Yuni Puspitasari; Nadir Nadir; Win Yuli Wardani
Jurnal Ilmu Hukum Kyadiren Vol 8 No 1 (2026): 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.v8i1.497

Abstract

Motor Vehicle Tax (Pajak Kendaraan Bermotor/PKB) is a major source of regional revenue in Indonesia. However, the current administrative mechanism for determining the Motor Vehicle Sales Value (Nilai Jual Kendaraan Bermotor/NJKB) fails to adequately reflect the economic depreciation of vehicles, creating potential distributive injustice in tax assessment. This study examines the synchronization of PKB regulations, identifies inconsistencies between the administratively determined NJKB and actual market value, and develops a regulatory reconstruction model based on Hans Kelsen’s theory of the hierarchy of legal norms and John Rawls’s theory of distributive justice. Using a normative legal methodology with statutory, conceptual, and comparative approaches, the study finds that substantive regulatory inconsistencies remain despite formal legal synchronization. It proposes a Distributive Justice-Based Synchronization Model that strengthens statutory norms, adopts market-responsive depreciation, harmonizes implementing regulations, and promotes a fairer, more legally certain regional tax system.
Co-Authors Adinda Rachman Agustri Purwandi Febrina Heryanti Lutfiadi Lutfiadi Nadir Nadir Noer Dini Camelia Sapto Wahyono Yuni Puspitasari