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THE EFFECTIVENESS OF THE ELECTION SUPERVISORY AGENCY'S AUTHORITY IN HANDLING MONEY POLITICS IN THE 2024 ELECTION AND ITS IMPLICATIONS FOR THE QUALITY OF DEMOCRACY Mochamad Irfan Hadi Prayitno; Moh. Sigit Gunawan
Hukum Responsif Vol 18 No 1 (2027): Vol 18 No 1 February 2027
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v18i1.12661

Abstract

Background.. The utilization of monetary influence remains a significant issue in the electoral process in Indonesia, as it threatens the foundations of honest, equitable, and principled democracy. The Election Supervisory Agency (Bawaslu), functioning as an electoral oversight body, has the power to prevent, monitor, address, and rectify electoral infractions, including monetary manipulation. Nonetheless, in practice, numerous impediments continue to affect the efficacy of this authority. Aims. This research aims to evaluate the nature of Bawaslu's jurisdiction in addressing money politics during the 2024 election, assess the efficacy of its execution, and investigate its consequences for democratic standards in Indonesia. Methods. This research employs an empirical legal methodology (socio-legal inquiry) via a case study technique. Information was obtained from literature reviews of statutes and regulations, as well as official records, and corroborated by empirical data collected through interviews with Bawaslu. The examination is conducted qualitatively by correlating relevant legislative statutes with practical evidence concerning the management of monetary political practices in the 2024 election. Result. The findings of the research indicate that Bawaslu's jurisdiction is an attribution authority conferred directly by Law Number 7 of 2017, encompassing preventive, supervisory, administrative, coordinating, and advisory powers. The standard execution of this authority aligns with legal stipulations; however, its efficacy remains subpar due to insufficient evidence, minimal public engagement in reporting infractions, a transactional political environment, and the restricted jurisdiction of Bawaslu in the investigative and prosecutorial phases, which fall under the purview of the Integrated Law Enforcement Center (Gakkumdu Center). Conclusion. These conditions have an impact on the quality of democracy, especially in lowering the integrity of elections, freedom of choice, legitimacy of election results, and accountability in the administration of government. Implementation. Therefore, it is necessary to strengthen the authority of Bawaslu, increase coordination between law enforcement agencies, and increase public legal awareness in order to realize honest, fair, and integrity elections
Analysis of the Implementation of the Financial Services Authority on Data Base Protection in Online Loans Raden Berliano; Muhammad Huzaifan; Moch. Sigit Gunawan; Agus Dimiyati
Rechtsnormen: Journal of Law Vol. 2 No. 3 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i3.1174

Abstract

Background. Hackers have an impact on the slowdown in economic growth, factors that affect population growth, inflation rates, and the cost of living in Indonesia. This condition has also increased demand for Online Loans as a solution to meet social needs. The inevitable technological developments in today's digital era are increasingly enriched by the emergence of Online Loan applications, which are part of information technology in the financial sector. Money lending services financial companies provide using information technology are known as online loans. Applying, approving, and disbursing funds is done online or through phone or short message (SMS) confirmation. Purpose. This study evaluates the challenges law enforcement faces in implementing the Financial Services Authority related to database protection in the online lending industry. Method. The study involved 288 university students from Chinese, Japanese, and Korean TFL settings, and the data from questionnaires were analyzed using appropriate statistical methods. Results. The study results show that law enforcement against this matter still faces various significant obstacles. The two sources of online loan database leaks are consumers and financial service providers. The first factor comes from consumer behavior when making online loan transactions, providing personal data such as ID cards, phone numbers, credit card numbers, and debits. The second factor is financial service providers selling consumer data to third parties. Hackers can easily access data application systems, so ensuring the system is secure is crucial. Conclusion. The Fintech industry started online lending services in Indonesia at the end of 2014. In the following year, banks and other financial institutions also began to present a variety of loans with a fast process, which is regulated and monitored by the Financial Services Authority (OJK) under OJK Regulation Number 77/POJK.01/2016.
Protection of Citizens’ Constitutional Rights in the Digital Era Mohamad Sigit Gunawan; Luis Santos; Josefa Flores
Rechtsnormen: Journal of Law Vol. 3 No. 2 (2025)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v3i2.2092

Abstract

Background. The digital era has brought about significant advancements in technology, leading to an increased reliance on digital platforms for communication, transactions, and daily activities. While these technological advancements provide numerous benefits, they also raise concerns about the protection of citizens’ constitutional rights, particularly in terms of privacy, freedom of expression, and data security. Objective. This study aims to examine the protection of citizens’ constitutional rights in the digital era, focusing on the balance between technological innovation and individual rights. The research seeks to assess the effectiveness of existing legal frameworks in safeguarding privacy, freedom of speech, and other fundamental rights in the context of the digital landscape. Method. A qualitative research design was used, employing case studies, legal analysis, and interviews with legal professionals, policymakers, and technology experts. The data collected was analyzed to evaluate how well constitutional rights are protected in digital environments and to identify potential gaps in legal protection. Results. The findings indicate that while there are legal frameworks in place to protect constitutional rights, there are significant challenges in keeping pace with technological advancements. Privacy violations, surveillance concerns, and data breaches were highlighted as key issues. Conclusion. The study concludes that existing legal protections must be adapted to address the challenges posed by the digital era, with a focus on strengthening privacy laws, improving data security, and ensuring accountability in digital platforms.
The Legal Force Of The Deed Of Sale And Purchase Of Land On Congenital Property Between Husband And Wife Restu Adhi Murti; Rafli Dwianto; Dina Rachmatika; Sigit Gunawan; Siska Karina
Journal Of Social Science (JoSS) Vol 3 No 7 (2024): JOSS : Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v3i7.337

Abstract

Land sale and purchase is an important transaction carried out to obtain rights to land. Land is one of the most valuable assets and has the potential to generate profits in the future. Land is becoming increasingly valuable because land is increasingly scarce, over time and the increasing human population, land prices continue to increase. This makes the business of buying and selling land an investment class that is definitely promising for everyone, ranging from housing, business premises, agriculture, to investment. Therefore, the process of buying and selling land and similar actions must be carried out carefully and in accordance with applicable legal provisions. However, many people do not understand the importance of the procedures for transferring land rights in Indonesia regulated in various laws and regulations. As happened in the journal to be discussed, where there was a sale and purchase between husband and wife that had been made AJB before the Temporary Land Maker Official. Where this agreement violates the objective requirements according to the Civil Code, resulting in the agreement being “null and void”. In this method we use a normative juridical method which is a library law research with an approach that is carried out using reviewing the main legal material focusing on analyzing regulations, doctrines, and legal principles related to the transfer of land rights.