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All Journal Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton Journal of Law, Poliitic and Humanities
Muhamad Aksan Akbar
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Criminal Aspects at the Stages of Registration, Verification and Determination of Political Parties as Candidates for Election Contestants Riezka Eka Mayasari; La Ode Awal Sakti; Irsan Rahman; Faisal Herisetiawan; Muhamad Aksan Akbar; Yeni Haerani; Basrawi, Basrawi
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.417

Abstract

This research is motivated by the many forms of criminal acts at each stage of the General Election, one of which can occur at the stages of registration, verification and determination of political parties as potential election participants, as well as different law enforcement mechanisms for election crimes and other criminal acts. It is important to carry out this research with the aim of finding out criminal acts that arise during the stages of registration, verification and determination of political parties as candidate participants in the election and to find out the law enforcement process for criminal acts that occur. The method used in this research is empirical normative which was carried out with literature studies and field studies carried out by the Kolaka Regency Integrated Law Enforcement Center. The results of the research show that the criminal aspects at the stages of Registration, Verification and Determination of Candidates for Election Contestants include criminal acts regulated in the provisions of Article 518 of Law Number 7 of 2017 concerning General Elections (not following up on the findings of Bawaslu, Provincial Bawaslu and/or Regency Bawaslu/ City in carrying out verification of political parties as candidates for Election Contestation), Article 263 of the Criminal Code (Forgery of Documents) and Article 67 of Law Number 27 of 2022 concerning Protection of Personal Data (UU PDP) as well as law enforcement for election crimes is different from criminal acts in general, which using the concept of speedy trial. The things that differentiate include the mechanism for investigation, prosecution and trial which is carried out quickly, can be carried out without the presence of the defendant (in absentia), and legal action can only be taken at the appeal level. In the implementation of handling election crimes at the Kolaka Regency Gakkumdu Center, starting from the Report/Findings Stage, Initial Study, First Discussion, Clarification, Study of suspected violations, Second Discussion, Plenary Meeting, Investigation, Third Discussion, and Prosecution.
Legal Analysis of the Prohibition of Interfaith Marriages Based on Pancasila and the State Constitution Republic of Indonesia in 1945 Muhamad Aksan Akbar
Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton Vol. 10 No. 1 (2024): Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton
Publisher : Lembaga Jurnal dan Publikasi Universitas Muhammadiyah Buton

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/pencerah.v10i1.4896

Abstract

The existence of Law no. 1 of 1974 concerning Marriage still leaves problems for couples of different religions who want to get married. Some groups view the prohibition of interfaith marriages as contrary to human rights. This research aims to find out whether the prohibition on marriage between interfaith couples in Indonesia is contrary to the values ​​of Pancasila and the provisions in the 1945 Constitution and what the legal implications are for marrying interfaith couples in Indonesia. This research method is normative. The results of the research are that the prohibition on marriage between interfaith couples in Indonesia does not conflict with the values ​​of Pancasila and human rights in the 1945 Constitution. State intervention in the implementation of marriage is carried out to ensure that the implementation of marriage is in accordance with the provisions of each religion and belief, so that the rights of citizens in worshiping according to one's religion and beliefs can be protected. The enactment of Article 2 of the Marriage Law is not intended to hinder the freedom to embrace religion and belief, freedom to embrace religion and belief remains the right of every citizen as stipulated in the 1945 Constitution. Psychologically, interfaith marriages can have implications for household happiness, while from a legal aspect they have implications for the validity of marriage, the status of children and inheritance issues..
Co-Authors Basrawi, Basrawi Faisal Herisetiawan La Ode Awal Sakti Mayasari, Riezka Eka RR. Ella Evrita Hestiandari Yeni Haerani