Aries Isnandar
Fakultas Hukum, Universitas Muhammadiyah Ponorogo

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Legal and Ethical Issues in the Constitutional Court Decision Concerning Minimum Age Limits for Presidential and Vice Presidential Candidates Yogi Prasetyo; Alfalachu Indiantoro; Aries Isnandar
Jurnal Penelitian Hukum De Jure Vol 24 No 2 (2024): Edisi Juli
Publisher : Law Policy Strategy Agency, Ministry of Law of The Republic of Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/dejure.2024.V24.147-158

Abstract

This article aims to explain the basic considerations of Constitutional Court Judges in deciding case Number.90/PUU-XXI/2023 and analyze the existence of controversial issues in this decision. The background to this writing is a decision by the Constitutional Court which is considered unusual. There are new things out of the ordinary in deciding cases and the momentum approaching the 2024 general election has become a sensitive and interesting study. The research method used in this writing is a normative juridical method with a legal philosophy approach. This is in accordance with the main problem of analyzing the judge's decision from a philosophical perspective. Material in the form of library data in the form of statutory regulations and scientific works related to the research theme. The results of the research show that there are several basic reasons for judges in deciding this case, such as political rights and the time for the general election which is getting closer. Apart from that, the decision of the Constitutional Court contains ethical issues in it, because in the formation process it was carried out by judges who had been legally declared to have committed ethical violations.
Perlindungan Hukum Anak Pekerja Migran Indonesia Non-Prosedural di Malaysia Nairo Rizka Nur Hamzah; Ferry Irawan Febriansyah; Aries Isnandar
Jurnal Ilmiah Global Education Vol. 7 No. 3 (2026): JURNAL ILMIAH GLOBAL EDUCATION
Publisher : LPPM Institut Pendidikan Nusantara Global

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/jige.v7i3.6071

Abstract

The phenomenon of Indonesian migrant workers working non-procedurally remains a serious problem, particularly when it involves children as a vulnerable group potentially subject to human rights violations. Children of Indonesian migrant workers in Malaysia often face limited access to education, health services, legal protection, and social security due to their parents' administrative status not being in accordance with procedures. This study aims to analyze the effectiveness of legal protection and the fulfillment of human rights for children of Indonesian migrant workers working non-procedurally in Malaysia. The research method used is empirical legal research (juridical-empirical) with a descriptive analytical approach, through a review of laws and regulations, international legal instruments, and empirical data sourced from relevant research and scientific literature. The results of the study indicate that although Indonesia has a legal framework governing the protection of migrant workers and their families, the implementation of legal protection and the fulfillment of human rights for children of migrant workers is still ineffective. The main obstacles include weak coordination between institutions, limited access to basic services, and the impact of parents' non-procedural status. Therefore, it is necessary to strengthen policies, increase bilateral cooperation, and adopt a human rights-based protection approach to ensure the sustainable fulfillment of the rights of Indonesian migrant workers' children.