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All Journal Jurnal Hukum dan Sosial Politik Presidensial: Jurnal Hukum, Administrasi Negara, Dan Kebijakan Publik
Durohim Amnan
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Law, Crime, Criminology & Criminal Justice

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Distorsi Keterwakilan Perempuan Melalui Pasal 8 ayat (2) PKPU Nomor 10 Tahun 2023 Ogie Nuggraha; Durohim Amnan
Jurnal Hukum dan Sosial Politik Vol. 1 No. 4 (2023): November : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v1i4.1446

Abstract

Issuance of General Election Commission Regulation Number 10 of 2023 concerning the Nomination of Members of the DPR, Provincial DPRD and Regency/City DPRD, special wabil Article 8 paragraph (2) raises a new polemic because it is felt to deny the value of the struggle for democracy and the rule of law principle which has been painstakingly built so far sucks. The regulation is considered to reduce and distort the instrument of struggle for women's groups known as the affirmative action quota for women's representation of 30% in Parliament. The purpose of this study is to describe the problems that occur and discuss them in depth through methodological analysis. The research method that the author uses in this work is normative-juridical research with a library research approach which is coupled with gender theory and democratic principles and which is linked to the theme of this research discussion and uses qualitative methods. Research results Based on the description above, the authors conclude that Article 8 paragraph (2) PKPU 10/2023 is contrary to the principles of non-discrimination and the substantive equality and justice approach because it is not in line with the spirit of The Convention on the elimination of All Forms of Discrimination against Women (CEDAW ) which is further regulated in Law no. 7/1984 concerning the Convention on the Elimination of All Forms of Discrimination Against Women. Furthermore, the PKPU is not in line with the idea of ​​equality contained in the body of the 1945 Constitution of the Unitary State of the Republic of Indonesia such as Article 27 paragraph (1), Article 28D paragraph (3), Article 28H paragraph (2), and Article 28I paragraph (2). Article 8 paragraph (2) PKPU 10/2023 does not follow up on the essence of the legal norms of Article 245 Law Number 7 of 2017 concerning General Elections.  
Implikasi Putusan Mahkamah Konstitusi Nomor 60/PUU-XXII/2024 terhadap Demokratisasi Pemilihan Kepala Daerah Muhammad Anwar Soleh; Durohim Amnan
Presidensial: Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik Vol. 1 No. 3 (2024): September: Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publ
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/presidensial.v1i3.85

Abstract

This study will discuss how the implications of the MK 60/PUU-XXII/2024 decision on the 2024 simultaneous regional election contestation and how the idealita (ideal concept) threshold for the nomination of regional heads in the election system in Indonesia. This study also aims to address the issue of the threshold of the nomination, both the nomination of the president and the nomination of regional heads which from time to time always cause problems and difficult to find a middle point. Type of research used normative-juridical approach to legislation and cases as well as research used library (library research) with secondary data. The results of the discussion are the result of this decision, namely the potential of each political party to propose a candidate for Regional Head is increasingly wide open and the competition is believed to be increasingly competitive which can produce a skilled and qualified leader because it has gone through a rigorous competition process from each candidate proposed by a political party. This implication is a space that has been awaited by political parties and the community because the more candidates for regional heads, the more choices that can be investigated by the community.
Co-Authors Lalu Hartawan Mandala Putra Muhammad Anwar Soleh Ogie Nuggraha