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All Journal Politika Progresif : Jurnal Hukum, Politik dan Humaniora Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Mahalini: Journal of Business Law
Maximiliania Krismarmita Brahman
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Prinsip Demokrasi Dalam Konstitusi Indonesia: Tinjauan Terhadap Implementasi Dan Tantangannya Maximiliania Krismarmita Brahman; Geal Aditya Christian; Nabila Sanina Fadhilah; Nayya Devi Denita
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.343

Abstract

This analysis focuses on the democratic principles contained in the Indonesian Constitution and how they are implemented as well as the challenges faced. The Indonesian Constitution, which is based on popular sovereignty, is considered the basis for the implementation of democracy in Indonesia. However, in practice, the implementation of democracy still faces several challenges, such as political corruption, identity politics, and the spread of false information. This research uses a normative juridical approach to analyze the regulations governing the democratic system and elections in Indonesia, including the 1945 Constitution and the Election Law. The results show that although democracy in Indonesia has been running for several years, there are still many challenges faced, such as a lack of political literacy and public knowledge of democratic principles. In this analysis, the research also discusses the implementation of Pancasila Democracy, which is based on indigenous Indonesian values. Pancasila Democracy is considered the right choice for the Indonesian state, but it still needs to be balanced with good political literacy and knowledge so that freedom of speech is not abused.
Hukum sebagai Alat Kekuasaan dalam Studi Kasus Kriminalisasi Petani pada Konflik Agraria di Banyuwangi Maximiliania Krismarmita Brahman; Nabila Sanina Fadhilah; Anita Raharjayanti; Lia Risqi Ananda
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 3 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i3.1054

Abstract

The agrarian dispute that occurred in Pakel Village, Banyuwangi, illustrates the complexity of legal issues and structural inequalities that still linger from the New Order era. Several local farmers were detained on charges of vandalism and incitement, despite the fact that they were defending ancestral land that had been managed for generations against the unilateral claims of a plantation company. This article examines the incident through the lens of agrarian law, land ownership rights, and principles of social justice, while also analyzing the state's role in balancing the rights of indigenous communities and corporate interests. This case study shows that a repressive legal approach actually deepens inequality and hinders the process of agrarian reform. The conflict in Pakel Village is a clear reflection of the state's inability to handle agrarian conflicts fairly and sustainably.
Analisis Terhadap Putusan 3181 K/Pdt/2018 : Sengketa Apartemen Ny. Ike Farida dengan PT Elite Prima Hutama Amelia Nabila Pramesthi; Maximiliania Krismarmita Brahman; Nabila Sanina Fadhilah; Luthfia Putri Pramesti
Mahalini: Journal of Business Law Vol. 1 No. 2 (2024): Mahalini: Journal of Business Law
Publisher : Universitas Wahid Hasyim

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Abstract

This article examines the interpretation of the decision of the Supreme Court of the Republic of Indonesia with number 3181/K/Pdt/2018 which focuses on disputes that occur in the apartment sector and analyzes the extent to which the decision has fulfilled the principles of the provisions regarding disputes in the apartment sector. The case involved a dispute between the manager and the unit owner regarding ownership rights, administrative responsibilities and the provision of facilities to the buyer. In the judgment, the Supreme Court emphasized the need to protect the rights of apartment owners and affirmed the manager's obligation to meet agreed service standards. This article also explores the legal arguments of both plaintiffs and defendants and the impact of the ruling on the apartment industry and consumer protection. Taking into account the legal and social context, this article advises parties who wish to enter into an engagement to be more critical and not easily fooled by developer marketing in order to reduce the possibility of similar disputes in the future.
Co-Authors Amelia Nabila Pramesthi Anita Raharjayanti Geal Aditya Christian Lia Risqi Ananda Luthfia Putri Pramesti Nabila Sanina Fadhilah Nabila Sanina Fadhilah Nayya Devi Denita