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All Journal Mimbar Keadilan Jurnal Hukum Magnum Opus Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Alauddin Law Development Journal (ALDEV) Ikatan Penulis Mahasiswa Hukum Indonesia Law Journal Prosiding Seminar Nasional Pengabdian Kepada Masyarakat Journal of Law and Legal Reform
Riqiey, Baharuddin
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Religion Humanities Computer Science & IT Education Environmental Science Law, Crime, Criminology & Criminal Justice Mathematics Nursing Public Health Social Sciences

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Journal : Mimbar Keadilan

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Election Omnibus: Efforts to Realize Legal Certainty in General Elections in Indonesia Riqiey, Baharuddin; Janah, Miftaqul
Mimbar Keadilan Vol. 18 No. 1 (2025): Februari 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i1.11989

Abstract

Constitutional Court Decision Number 85/PUU-XX/2022 explicitly states that there is no longer any difference between the Election regime and the Regional Election regime. This decision, in addition to providing legal certainty regarding which institution is authorized to resolve disputes over the results of the Regional Election, on the one hand also creates legal uncertainty itself. The legal uncertainty is regarding the extent to which the Regional Election regime is merged into the Election regime as stated in the decision, whether it is only limited to the principles of implementation and institutions authorized to resolve disputes over results or all of them. On that basis, this study aims to examine and analyze the urgency of forming an omnibus Election law in order to realize legal certainty for Elections in Indonesia. This research is a legal research using a statutory approach, conceptual approach, and case approach. The results of this study indicate that the meaning of merging the Regional Election regime into the Election regime must be interpreted as a whole. Starting from the organizing institution, the principles of implementation, to the institution authorized to resolve disputes over results. So, it is important to form what is called an omnibus Election law. This is because to realize legal certainty; To implement Constitutional Court Decision Number 85/PUU-XX/2022; and To realize a meaningful election.
Constitutional Imperatives: Examining the Urgency of Term Limits for Members of the House of Representatives Riqiey, Baharuddin; Hadi, Syofyan
Mimbar Keadilan Vol. 17 No. 1 (2024): Februari 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.9635

Abstract

UUD NRI 1945 is the highest law in Indonesia's hierarchy of rules and regulations. One of the principles adopted by the UUD NRI 1945 is the principle of constitutionalism. Proof that the UUD NRI 1945 adheres to the principle of constitutionalism can be proven by the existence of Article 7, Article 23E, Article 24A, Article 24B, and Article 24C of the UUD NRI 1945. Meanwhile, the DPR, one of the state institutions mentioned in Chapter VII of the UUD NRI 1945, does not regulate term limits. This research explains the urgency of regulating term limits for DPR members from a constitutionalism perspective. This research is normative legal research using a statutory, conceptual, case, and comparative approach. The results of this research show that the absence of regulations regarding term limits for members of The House of Representative in the UUD NRI 1945 is not in accordance with the principles of constitutionalism adopted by the UUD NRI 1945. The urgency of limiting the terms for members the House of Representative is to: (1) uphold the principles of constitutionalism, (2) prevent arbitrary actions, (3) realize legal certainty, (4) improve the implementation of democracy in Indonesia, (5) prevent authoritarianism, and (6) Carrying out regeneration.
Co-Authors Fikri, Sultoni Herlambang, Probojati Bayu Hikam, Reza Maulana Huda, Muhammad Ahsanul Janah, Miftaqul Khatami, Muhammad Rustambekov, Islambek S Endang Prasetyawati Sesung, Rusdianto Sukardi Sukardi Syofyan Hadi Tomy Michael