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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.
ANALISIS PUTUSAN “MK NOMOR 65/PUU-XXI/2023” TENTANG DIPERBOLEHKAN NYA KAMPANYE DI FASILITAS PENDIDIKAN Pova, Zavina Shara; Melitasia, Lira; Suriyanti, Lili
Community Development Journal : Jurnal Pengabdian Masyarakat Vol. 4 No. 6 (2023): Volume 4 Nomor 6 Tahun 2023
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/cdj.v4i6.23936

Abstract

Pemilu adalah sebuah proses yang digunakan untuk menentukan calon pemimpin yang akan mewakili mereka di bangku legislatif maupun eksekuitif. Menjelang tahun pemilu, mahasiswa tentu menjadi target para politikus dikarenakan menjadi lumbung dari suara. Banyak politikus yang datang ke Universitas untuk mencari nama terhadap para mahasiswa dan mahasiswi, akan tetapi tindakan tersebut dinamakan sebagai kampanye. Putusan mk no 65 hadir untuk mengatur mengenai diperbolehkannya kampanye di lingkungan kampus dengan beberapa ketentuan yang harus ditaati oleh calon pemamngku jabatan tersebut. Penelitian ini bertujuan untuk menganalis pro dan kontra putusan mk tersebut di tengah tengah masyarakat. Metode penilitian yang digunakan ialah yuridis normatif. Hasil dari penelitian ini menjelaskan bahwa putusan mk no 65 ini justru membawa dampak positif di lingkungan perguruan tinggi, dikarenakan kampus memiliki peran untuk mencetak mahasiswa yang kritis dan mampu memilih sosok pemangku jabatan berdasarkan pemikiran yang logis dan berdasarkan fakta.
THE EXISTENCE OF AN EMERGENCY SITUATION WITH COMPELLING URGENCY BASED ON THE FORMULA OF THE ARTICLE OF THE 1945 CONSTITUTION OF THE REPUBLIC OF INDONESIA Dewi, Lia Riesta; Suriyanti, Lili
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4196

Abstract

The meaning of a state of emergency with a compelling urgency is very dependent on the meaning of the President's interpretation, because the President has the authority to determine when something is considered a state of emergency and when something is considered a state of urgency which causes this situation to create no legal certainty in determining a state of emergency or urgency coercive because everything really depends on the interpretation of the authority taken by a President based on his own legal interpretation because the 1945 Constitution of the Republic of Indonesia gives this authority to the President, while the 1945 Constitution of the Republic of Indonesia does not provide clear boundaries as to what is the definition of a state of emergency with a coercive urgency. This Research used Qualitative research methods. Qualitative research methods using normative juridical and empirical juridical approaches using primary data and secondary data. The result shows that State of emergency includes war emergency, military emergency and civil emergency which are based on situations that have actually occurred or are objective while for compelling emergencies based on the subjective circumstances of the president, with the standards set out in the Constitutional Court Decision Number 138/PUU-VII/2009. Determination of a state of danger which is the implementation of Article 12 of the 1945 Constitution of the Republic of Indonesia from 1946-2018 is contained in 12 laws and the urgency that compels the implementation of Article 22 of the 1945 Constitution of the Republic of Indonesia from 1960-2020 is contained in 134 Perppu issued by the President.
RESPONSIBILITY OF REGIONAL GOVERNMENT TOWARDS THE IMPLEMENTATION OF AUTONOMOUS EDUCATION ORGANIZATION AND MANAGEMENT IN IMPROVING THE QUALITY OF EDUCATION (CASE STUDY OF SERANG CITY) Suriyanti, Lili; Marpudin, Ade; Aditya, Muhammad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4554

Abstract

Education policy according to Law Number 20 of 2003 concerning the National Education System is that the state is responsible for the original and absolute responsibility for realizing the ideals of the Indonesian nation. Every citizen has the right to receive education that is in line with human values and justice. Educational problems in Serang City include the many damaged facilities and infrastructure in schools. There were 583 school units that were damaged. However, only 300 classrooms in the seriously damaged category have been proposed, and will be realized in 2024. This article aims to find out the responsibilities of the Serang City Regional Government in Providing Educational Facilities and Infrastructure Based on Law Number 20 of 2003 concerning the National Education System and looking at the inhibiting factors and solution efforts of the Serang City Regional Government in Providing Educational Facilities and Infrastructure in Serang City . The research method used in this research is empirical juridical methods. The regional government of Serang City has a big responsibility in meeting the needs for providing high quality education, including providing adequate facilities and infrastructure. Providing adequate educational facilities and infrastructure is an important component in efforts to improve the quality of education in Serang City. The Responsibility of the Serang City Regional Government in Providing Facilities and Infrastructure. Educational responsibilities based on Law Number 20 of 2003 concerning the National Education System have not yet been fulfilled optimally. The Serang City Government, through the Serang City Education and Culture Office, continues to be committed to advancing the world of education. On the other hand, physical construction of new classrooms (RKB), tables, chairs, teachers' and principals' rooms, library rooms, laboratory rooms, prayer rooms, toilets, sports fields, and roads to schools and New School Units (USB) continues to be pursued. For facilities and infrastructure, the Serang City Education Department continues to take inventory of poor facilities so that they can be built so that the facilities and infrastructure are good and appropriate so that teachers and students who carry out teaching and learning activities are comfortable.