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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) International Journal of Law, Crime and Justice
Ade Sathya Sanathana Ishwara
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Law, Crime, Criminology & Criminal Justice

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Enforcement of the Code of Ethics for 2024 Election Organizers in Indonesia: A Substantive Justice Perspective Didik Suhariyanto; Ade Sathya Sanathana Ishwara; Sinta Dyah Kirana
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 2 (2024): 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.v12i2.1441

Abstract

This study employs a normative legal research approach focusing on conceptual and legislative analysis. Its aim is to examine the dynamics of the enforcement of the electoral organizers’ code of ethics by the Indonesian Election Supervisory Agency (DKPP) and to formulate a reconstruction of this enforcement aimed at achieving substantive justice. The findings assert that the enforcement dynamics of the electoral organizers’ code of ethics by DKPP inherently pose two main issues. Internally, the enforcement requires oversight and public participation to ensure DKPP’s credibility and integrity in upholding the code of ethics. Externally, issues arise regarding the final and binding nature of DKPP decisions, which have been undermined by Constitutional Court rulings, allowing for their annulment by judicial bodies such as the Administrative Court (PTUN). Reconstruction or reform efforts concerning the enforcement of the electoral code of ethics for electoral administrators, based on substantive justice, necessitate a clear affirmation of the independence of ethical norms, particularly those related to the conduct of electoral administrators. This includes ensuring that the enforcement of these ethical norms is immune from legal norms and external intervention. Additionally, there is a need for a revision of the electoral laws in Indonesia to enhance the appeal process for ethical judgments rendered by the Election Supervisory Board (DKPP), which are final and binding and cannot be overturned by the courts, especially the Administrative Court (PTUN).
Realizing Restorative Justice-Based Villages: Orientation and Formulation in a Progressive Legal Perspective Ade Sathya Sanathana Ishwara
International Journal of Law, Crime and Justice Vol. 2 No. 1 (2025): March : International Journal of Law, Crime and Justice
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijlcj.v2i1.539

Abstract

The concept of restorative justice which emphasizes the recovery of victims as well as community participation is appropriate to be applied at the village level as an effort to create a village based on restorative justice. This study aims to formulate the idea of ​​a village based on restorative justice by involving community participation. This research is a normative legal research with a concept and statutory approach. The results of the study show that a village orientation based on restorative justice is intended to optimize the role of non-litigation dispute resolution in village communities. From a progressive legal perspective, a village based on restorative justice is a village with the aim of maintaining social harmony in resolving disputes in society. Therefore, the formation of Village Regulations is important as a guideline for implementing the concept of restorative justice in village communities.
Co-Authors Didik Suhariyanto Sinta Dyah Kirana