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All Journal JURNAL LITIGASI (e-Journal) Jurnal Keadilan Pemilu
Kartabrata, Fajar Ramadhan
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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RUANG TAFSIR ATAS JENIS/BENTUK SENGKETA PEMILIHAN KEPALA DAERAH YANG DAPAT DIAJUKAN KE PENGADILAN TINGGI TATA USAHA NEGARA Kartabrata, Fajar Ramadhan; Tedjabuwana , Rosa
Jurnal Keadilan Pemilu Vol. 4 No. 1 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i1.416

Abstract

Referring to Law No.10/2016 and its subsequent regulations, dispute settlement for Local Government Election is jurisdiction of BAWASLU, and its verdict is considered binding. However, at the same time the Hight Administrative Court (PTUN) is given jurisdiction for administrative dispute of Local Government Election. These two conflicting rules come to attention because the enactment of the verdict of Local/District General Election Commission (KPU Provinsi dan Kota/Kabupaten). This creates confusion in the application of these regulations because there are no clear parameters for disputes that can be qualified as Local Government Election Administrative Disputes. Thus, the formulation of norms regarding issues regarding the implementation of Local Government Elections, especially regarding Election Disputes and State Administration Election Disputes, needs to be adjusted to the system applied in resolving Process Disputes and State Administration Disputes in the Implementation of General Elections as stipulated in Law Number 7/2017 regarding General Elections.
Harmonizing the Administrative Court Legal System to Ensure Legal Certainty in the Administrative Lawsuit Time Limit: Harmonisasi Sistem Hukum Peradilan Tata Usaha Negara dalam Mewujudkan Kepastian Hukum Tenggang Waktu Gugatan Kartabrata, Fajar Ramadhan; Ernawan, Moch Erick; Dwinanda, Irfan Alfieansyah
LITIGASI Vol. 26 No. 2 (2025)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v26i2.26164

Abstract

Individuals or private legal entities, as legal subjects, have the right to file a legal action against a beschikking or unilateral administrative decision, even when they are not explicitly named in such decision. Within the administrative court system, the time limit for filing a lawsuit serves as a formal mechanism to uphold the principle of legal certainty. However, the existing regulations particularly between the Administrative Court Law and the Government Administration Law remain inconsistent, resulting in legal uncertainty in the settlement of administrative disputes, especially for indirectly affected third parties. Using a statutory approach, this study analyzes the harmonization of Indonesia’s administrative court legal system to ensure legal certainty in determining the time limit for filing administrative lawsuits and proposes regulatory solutions through the formulation of a more coherent and implementable judicial regulation.
PENGUATAN PERAN PARTAI POLITIK DALAM PEMILIHAN UMUM LEGISLATIF PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 114/PUU-XX/2022 Kartabrata, Fajar Ramadhan
LITIGASI Vol. 24 No. 2 (2023)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v24i2.9860

Abstract

The Constitutional Court Decision Number 114/PUU-XX/2022 emphasizes the necessity of implementing the electoral system through proportional representation with an open list. This decision aims to strengthen the role of political parties as participants in the electoral process, ensuring high-quality and dignified elections in line with constitutional principles. Such affirmation is rooted in a critical paradigm shift for political parties as key pillars of democracy. This research employs a juridical-normative analysis approach, delving into secondary data through literature reviews. The research findings indicate the central role of the Constitutional Court as the final interpreter of the constitution and the guardian of democratic integrity. Decision Number 114/PUU-XX/2022 provides a profound interpretation of the constitution, aimed at improving the implementation of political parties' participation in elections. Although the Constitutional Court's considerations are non-executorial, its guidelines offer crucial insights into conducting democracy in line with the constitutional spirit through elections. Keywords: Political Parties, Elections, Constitutional Court, Democracy.
Co-Authors Dwinanda, Irfan Alfieansyah Ernawan, Moch Erick Tedjabuwana , Rosa