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Tinjauan Teori Critical Legal Studies Dalam Pandangan Mahasiswa Fakultas Syariah IAIN Ponorogo Terkait Pencegahan Money Politic Pemilu 2024 Iriani, Dewi; Munawaoroh, Diana Nasiatul; Marvinda, Elsa Sintya
El-Dusturie Vol 3 No 1 (2024)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/eldusturie.v3i1.8645

Money politics is an act of dishonesty in a campaign that influences other people or the community by giving money or certain goods or you could say buying and selling votes when approaching the election, so that the community chooses a certain candidate. The formulation of the problem studied is 1) What is the role of IAIN Ponorogo students in guarding the prevention of money politics in the 2024 Election? 2) How can students' attitudes towards criticizing the occurrence of money politics in the implementation of the 2024 elections be studied using Critical Legal Studies theory? The research methodology uses qualitative methods, and the type of normative juridical research is in the form of Law No. 7 of 2017 concerning General Elections. The research approach uses 1) conceptual research using Critical Legal Studies theory as an analytical tool. 2) case study research, in the form of a case of money politics in the 2024 elections. 3) Sociology research, the author conducted interviews with Syariah faculty students at IAIN Ponorogo regarding money politics in the 2024 elections. The research results are: 1) The role of sharia faculty students at IAIN Ponorogo in guarding and preventing money politics in the 2024 Election, namely: providing education to the public, the BEM Chair Election was carried out transparently, honestly, without engaging in money politics. Providing understanding to the public, to choose the vision and mission of election candidates, not choosing because of money or gifts. Educate the public about the dangers of political money which is prohibited by religion, and get sanctions based on Article 515 of Law No. 7 of 2017 concerning Elections. Eliminate the cultural tradition of receiving money or gifts before elections. Select potential leaders with integrity. 2) Political money in the implementation of the 2024 elections, if studied using the Critical Legal Studies theory, that critical legal studies has characteristics, namely: political interests, groups of people who are not neutral, benefiting certain parties. detrimental to the general public

The Age Limit for Presidential and Vice-Presidential Candidates in Constitutional Court: An Implication of Ethical Sanctions for Judges Fauzan, Muhammad; Iriani, Dewi; Budiono, Arief; Rannie, Mahesa; Marvinda, Elsa Sintya
Jurnal Dinamika Hukum Vol 24, No 3 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.4116

Almas filed a lawsuit to change the minimum age of presidential and vice presidential candidates from 40 years to 35 years. Almas believed that if it is not changed, it will be contrary to the Republic of Indonesia’s 1945 Constitution. This decision is controversial but has opened a rare opportunity for talented young people to ascend and hold presidential and vice-presidential positions via election, even when they are less than 40 years old. The Republic of Indonesia’s Constitutional Court judges partially accepted Almas' lawsuit, in which the age limit remains at least 40. However, it can be deviated if a person has had experience becoming a regional head (governor/regent/mayor). This research aims to analyze: (1) how Constitutional Court judges interpret the minimum age limit for presidential and vice-presidential candidates in the Indonesian constitutional system; and (2) how the Constitutional Court judges’ final authority, which is Decision No.90/PUU-XXI/2023 on the Minimum Age Limit for Presidential Candidates and Vice-Presidential Candidates is a controversial decision. Method: This study used a jurisprudence approach, which studied the judicial decision in court primary data. It was supported by secondary data, which were obtained through a literature review. It focused on the data of Decision No. 90/PUU-XXI/2023, the Indonesian Constitution, and the Election Law (2017). Findings: In this study, it was found that the Decision of the Constitutional Court No. 90/PUU-XXI/2023 on the Minimum Age Limit for Presidential and Vice-Presidential Candidates is controversial, considering how the judge decided it. Then, several judges were sentenced for the act of ethics violation by the Constitutional Court’s Honorary Assembly. Conclusion: The decision of the Constitutional Court is binding and final, even though it is controversial. Several judges were sentenced for committing a violation of ethics by the Constitutional Court’s Honorary Assembly. Even so, this decision also opened up an opportunity for talented but young people under 40 to become presidential or vice-presidential candidates in the election.Keywords: Reconstruction, Age Limit, Presidential Candidates, Vice-Presidential Candidates

Reconstruction of the Characteristics of the Constitutional Court’s Decision on the Minimum Age of Presidential and Vice-Presidential Candidates in the Republic Of Indonesia’s State Administrative System Fauzan, Muhammad; Iriani, Dewi; Budiono, Arief; Rannie, Mahesa; Marvinda, Elsa Sintya
Jurnal Dinamika Hukum Vol 24 No 3 (2024)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.3.15571

There was a proposal that the minimum age of Indonesia’s Presidential and Vice-Presidential candidates should be 35 years as opposed to the original 40 years. Decision of the Constitutional Court No. 90/PUU-XXI/2023 on the Minimum Age of Presidential and Vice-Presidential Candidates rejected this proposal and declared that the minimum age is 40 years old with an additional sentence of "having had experience as a head of a region". This paper aims to analyze how Constitutional Court judges reconstruct the characteristics of the Constitutional Court decision in interpreting case No. 90/PUU-XXI/2023 and the considerations of Constitutional Court judges in applying legal regulation principles in deciding upon case No. 90/PUU-XXI/2023. Results found that The Decision of the Constitutional Court No. 90/PUU-XXI/2023 is unconstitutional as it violates the mandate of the 1945 Constitution and Article 169 letter (q) of Law No. 7 of 2017 on the General Election.

Tinjauan Teori Critical Legal Studies Dalam Pandangan Mahasiswa Fakultas Syariah IAIN Ponorogo Terkait Pencegahan Money Politic Pemilu 2024 Iriani, Dewi; Munawaoroh, Diana Nasiatul; Marvinda, Elsa Sintya
El-Dusturie Vol 3 No 1 (2024)
Publisher : Institut Agama Islam Negeri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/eldusturie.v3i1.8645

Money politics is an act of dishonesty in a campaign that influences other people or the community by giving money or certain goods or you could say buying and selling votes when approaching the election, so that the community chooses a certain candidate. The formulation of the problem studied is 1) What is the role of IAIN Ponorogo students in guarding the prevention of money politics in the 2024 Election? 2) How can students' attitudes towards criticizing the occurrence of money politics in the implementation of the 2024 elections be studied using Critical Legal Studies theory? The research methodology uses qualitative methods, and the type of normative juridical research is in the form of Law No. 7 of 2017 concerning General Elections. The research approach uses 1) conceptual research using Critical Legal Studies theory as an analytical tool. 2) case study research, in the form of a case of money politics in the 2024 elections. 3) Sociology research, the author conducted interviews with Syariah faculty students at IAIN Ponorogo regarding money politics in the 2024 elections. The research results are: 1) The role of sharia faculty students at IAIN Ponorogo in guarding and preventing money politics in the 2024 Election, namely: providing education to the public, the BEM Chair Election was carried out transparently, honestly, without engaging in money politics. Providing understanding to the public, to choose the vision and mission of election candidates, not choosing because of money or gifts. Educate the public about the dangers of political money which is prohibited by religion, and get sanctions based on Article 515 of Law No. 7 of 2017 concerning Elections. Eliminate the cultural tradition of receiving money or gifts before elections. Select potential leaders with integrity. 2) Political money in the implementation of the 2024 elections, if studied using the Critical Legal Studies theory, that critical legal studies has characteristics, namely: political interests, groups of people who are not neutral, benefiting certain parties. detrimental to the general public

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