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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Community Development Journal: Jurnal Pengabdian Masyarakat Asian Journal of Social and Humanities
Suriyanti, Lili
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Humanities Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health

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Journal : Asian Journal of Social and Humanities

 1 
Political Transformation of Electoral Lawmaking: Towards Fair and Transparent Elections Suriyanti, Lili; Suganda, Atma; Ismail, Ismail
Asian Journal of Social and Humanities Vol. 3 No. 3 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i3.464

Abstract

General elections are the main pillar of democracy that aims to guarantee the political rights of every citizen in a fair manner. However, election regulations in Indonesia still face obstacles, such as inequality in the allocation of legislative seats, the dominance of political elite interests, the lack of representation of marginalised groups, and the lack of transparency in the legislative process. This research uses a normative juridical method to analyse the gap between the principles of substantive justice mandated by the constitution and the reality of the implementation of election regulations, as well as to offer a political reconstruction of law based on substantive justice. The novelty of the research lies in the proposed incentive mechanism in the form of additional funding for political parties that succeed in increasing women's representation in parliament as well as the application of a technology-based open legislative system to increase transparency and public participation. Reconstruction based on three main pillars - equality, representation, and transparency - is expected to improve the legitimacy of elections, create inclusive democracy, and strengthen the values of Pancasila and the 1945 Constitution.
Regulatory Reconstruction of Electoral Process Dispute Resolution Based on Justice In Indonesia Suriyanti, Lili; Oktavianus, Afriman
Asian Journal of Social and Humanities Vol. 3 No. 6 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i6.528

Abstract

This study aims to analyze the weaknesses of regulations on election dispute resolution in Indonesia and formulate a more equitable regulatory reconstruction to increase the effectiveness and legal certainty in the election process. Using normative juridical methods and empirical approaches, this study examines the applicable regulations. The results of the study show that the current regulations do not fully reflect the principle of substantive justice, the effectiveness of the electoral dispute resolution system in Indonesia is still constrained by the imbalance between legal structure, legal substance, and legal culture. As a solution, this study recommends the reconstruction of election dispute resolution regulations, including extending the dispute resolution period to 21 working days, strengthening the legal force of mediation results to be binding, ensuring that the execution of adjudication decisions can run well, and applying sanctions for election organizers who do not carry out the decision in a timely manner. The novelty of this study lies in the critical analysis of the weaknesses of nationally applicable regulations as well as the proposed legal reconstruction that emphasizes more on substantive justice in resolving election disputes in Indonesia. With the improvement of regulations, it is hoped that the election dispute resolution system in Indonesia can be more transparent, effective, and fair, thereby increasing public trust in the election process and strengthening the legitimacy of election results in Indonesia.
Co-Authors Dewi, Lia Riesta Ismail Ismail Marpudin, Ade Melitasia, Lira Muhammad Aditya, Muhammad Oktavianus, Afriman Pova, Zavina Shara Suganda, Atma