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All Journal Jurnal Dinamika Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jambe Law Journal Jurnal Suara Hukum
Jacob, John Tumba
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Law, Crime, Criminology & Criminal Justice

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The Age Threshold for Presidential Nominations in the Perspective of Dignified Justice Theory: Why is there a Mahkamah Keluarga Issue? Bima, Muhammad Rinaldy; Jacob, John Tumba
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1301

Abstract

The Constitutional Court's decision regarding the age limit for nominations for President and Vice President has caused problems in society, one of which is related to the issue of the existence of a Family Court. This issue arises because juridically there is a logical inconsistency in the Constitutional Court's decision regarding the age limit for nominations for President and Vice President and related to the nomination of the President's children to contest the Presidential and Vice Presidential elections in the 2024 election. This research aims to analyze aspects of the age threshold for Presidential candidacy and The Vice President reviewed the theory of dignified justice along with an analysis of the Family Court issue as a result of the Constitutional Court's decision. This research is normative legal research which also orientates socio-legal aspects to assess the impact of a Constitutional Court Decision. The approach used is a conceptual and statutory approach. The research results confirm that the enigma of the age threshold for presidential candidacy in the perspective of the theory of dignified justice occurs because the Constitutional Court has gone beyond the open legal policy conception where the age threshold for presidential and vice presidential candidacy is actually the domain of the legislative institution as in the open legal policy conception. Judging from the theory of dignified justice, the enigma of the age threshold for presidential candidacy also occurs because the Constitutional Court failed to construct the dimensions of social justice as envisioned in the formulation of Pancasila. MK Decision on the Age of the President and Vice President as part of a legal product certainly has social, political and legal impacts on society. Issues related to the Family Court should be addressed wisely by the Constitutional Court because these issues exist as a form of public concern for the dignity of the Constitutional Court as an institution that protects the constitution.
The Role of Law and Human Rights in the Formation of State Institutions: A Comparative Study of Indonesia and Nigeria Salmon, Hendrik; Jacob, John Tumba
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p218-244

Abstract

An efficient state institution, grounded in law and human rights, serves as the primary pillar for political stability and sustainable development, as evidenced by the comparison between Indonesia and Nigeria, two countries that face similar challenges despite their distinct historical backgrounds. This study aims to examine the role of law and human rights in the development of state institutions in both Indonesia and Nigeria, as well as to identify the similarities and differences in how these principles are applied in each nation. The research uses a normative legal approach, incorporating statutory, conceptual, and comparative methods to assess the regulations, legal concepts, and the application of law and human rights in the formation of state institutions in both countries, utilizing primary, secondary, and tertiary legal materials analyzed qualitatively. The results indicate that law and human rights play a significant role in shaping state institutions in both Indonesia and Nigeria, despite their differing legal systems. Indonesia follows the 1945 Constitution, emphasizing the separation of powers and the establishment of the National Commission on Human Rights (Komnas HAM), while Nigeria operates under the 1999 Constitution with a presidential and federal system, along with the creation of the National Human Rights Commission (NHRC). Both nations encounter common challenges, such as weak law enforcement and social inequality, which impede the effective integration of human rights into governance. As a result, strengthening human rights institutions and implementing structural reforms are essential to achieving more inclusive and equitable governance.
Strengthening Village Governance and Safeguarding Human Rights: Legal Perspectives in Comparative Study Bakarbessy, Andress Deny; Jacob, John Tumba
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.514

Abstract

This study examines the legal frameworks governing village administration and the protection of human rights in Indonesia, Nigeria, and Japan. The legal frameworks analyzed include Villages Law in Indonesia, the Constitution of the Federal Republic of Nigeria, the Local Government Act in Nigeria, and the Local Autonomy Law in Japan. The research adopts a normative legal approach, employing both statutory and comparative methods to examine the regulations, institutional authority structures, and legal principles of those countries. While the three countries acknowledge the significance of village autonomy and human rights protection, they differ markedly in their normative approaches. Indonesia has developed a relatively progressive legal framework; Nigeria continues to grapple with challenges related to legal pluralism; and Japan prioritizes institutional stability and community engagement. The study concludes that the effectiveness of village governance laws is significantly influenced by the clarity of legal norms, the robustness of institutional structures, and the overall coherence of each country’s legal system
The Criminal Law Policy on the General Election System in Indonesia Lubis, Mhd Teguh Syuhada; Saragih, Rayani; Hanifah, Ida; Koto, Ismail; Jacob, John Tumba
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3782

Abstract

General elections are a crucial pillar of democracy in Indonesia, allowing citizen participation in selecting leaders and shaping policies. Strong criminal law policies are necessary to preserve the integrity of elections, despite challenges in consistent law enforcement and clear definitions of election violations. The aim of this research is to assess the implementation and effectiveness of criminal law policies in preventing and addressing election violations in Indonesia and to identify their impact on the election process. The research findings indicate that the implementation of criminal law policies in preventing and addressing election violations is crucial. This is achieved through stringent election regulations, strict enforcement of criminal sanctions, careful monitoring and investigation, and swift handling of violations. The effectiveness of criminal law policies is also evident in deterring violations, ensuring transparency in funding, and active citizen participation in monitoring. Criminal law policies have a significant impact on the election process. Positive impacts include efforts to prevent election crimes, protect voting rights, and address election law violations through strict regulations. Prevention of election crimes such as spreading false information and the use of violence is tightly regulated to maintain election integrity. Protecting voters' rights is a focal point, with prohibitions against bribery and intimidation practices. However, the negative impact lies in the potential misuse of criminal law for political purposes, which can undermine the principles of presumption of innocence and human rights.
Co-Authors Bakarbessy, Andress Deny Hanifah, Ida Koto, Ismail Mhd Teguh Syuhada Lubis Muhammad Rinaldy Bima Salmon, Hendrik Saragih, Rayani