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All Journal Jurnal Supremasi Journal Social Sciences and Humanioran Review
Ahmad Reihan Thoriq
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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LEGAL REVIEW OF THE POSITION OF THE REGULATION OF THE HEAD OF THE CAPITAL CITY AUTHORITY OF NUSANTARA AS LOCAL LEGAL PRODUCT: TINJAUAN YURIDIS TERHADAP KEDUDUKAN PERATURAN KEPALA OTORITA IBU KOTA NUSANTARA SEBAGAI PRODUK HUKUM DAERAH Ahmad Reihan Thoriq; Mohammad Akmal Taris Hakim
Journal Social Sciences and Humanioran Review Vol. 1 No. 03 (2024): MAY
Publisher : Zhata Institut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64578/jsshr.v1i03.58

Abstract

The relocation of the National Capital from Jakarta to Kalimantan has sparked various public discussions, particularly concerning the constitutionality of the Nusantara Capital City Authority (IKN) system, where the term "authority" is not explicitly mentioned in the 1945 Constitution. Furthermore, provisions in the IKN Law stating that the Head of the IKN Authority is equivalent to a minister have also raised ambiguity regarding the position of the Head of the IKN Authority and the status of the legal regulations issued. This study aims to address these issues. The research methodology employed is normative juridical with a legislative approach. The findings indicate that the IKN system and the position of the Head of the IKN Authority align with Article 18B paragraph (1) of the 1945 Constitution, which recognizes the specificity of regions. The Head of the IKN Authority is appointed directly by the President after consultation with the DPR, in accordance with the constitution, which does not require direct election by the people. Regulations issued by the Head of the IKN Authority retain the status of local regulations, without requiring approval from the Regional Representative Council (DPRD).
PROBLEMATIKA PENGGANTIAN CALON KEPALA DAERAH YANG MENINGGAL DUNIA SEBELUM HARI PEMUNGUTAN SUARA Nasution, Ali Imran; Ahmad Reihan Thoriq
Jurnal Supremasi Vol 15 No 2 (2025): Volume 15 Nomor 2 Tahun 2025
Publisher : Fakultas Hukum, Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/4vq3rk68

Abstract

This study aims to analyze the legal problems concerning the replacement of a candidate pair or one of the candidates for regional head who passes away within 30 and 29 days prior to election day. This research employs a normative juridical method through statutory, conceptual, and comparative approaches. The findings demonstrate that the death of a candidate pair or one of the candidates for regional head, occurring with a one-day difference between 30 and 29 days before election day, results in the loss of the right of political parties or coalitions to nominate a replacement candidate. Therefore, it is necessary to amend Article 54 of Law No. 10 of 2016 to establish a single deadline for the nomination of replacement candidates, in order to ensure legal certainty and the continuity of regional head elections.
Co-Authors Ali Imran Nasution Mohammad Akmal Taris Hakim