Fernando Holqi, Fikri Gali
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Philosophical Analysis of Positivism Article 6 (1) ICCPR in The Construction of Armed Criminal Group Human Rights Fernando Holqi, Fikri Gali; Thoriqul Widianto, Irfany
Andalas Law Journal Vol 9 No 1 (2024)
Publisher : Program Studi Magister Kenotariatan Fak. Hukum Univ. Andalas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25077/alj.v9i1.62

Abstract

This study aims to identify philosophically and juridically related to the Deconstruction of Article 6 (1) ICCPR in the construction of KKB Human Rights and Deconstruction of Human Rights as positive law on the principles of Positivism Philosophy. This research uses normative (doctrinal) methods with a statutory approach (statute approach), and conceptual approach by implementing primary legal principles covering regional to international law and consisting of theories of positivism philosophical traditions, legal dogma, and other relevant literature. The results of this study show that the government should be able to provide firm action against Criminal Acts of Terrorism, especially KKB in Indonesia because there is the highest principle, namely Salus Populi Suprema Lex Esto, and the conception of human rights as positive law that is irrelevant to the founding father of legal positivism, namely the Philosophy of Positivism.
Election System for the Chairman of the Neighborhood Units in Sumur Kolong Hamlet: A Study of Political Anthropology Fernando Holqi, Fikri Gali; Rahman, Rizki Ananda
Jurnal Ilmu Sosial Politik dan Humaniora (JISORA) Vol 7 No 2 (2024): Jurnal Ilmu Sosial Politik dan Humaniora
Publisher : Fakultas Ilmu Sosial dan Ilmu Politik - Universitas Garut

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36624/jisora.v7i2.169

Abstract

This study aims to analyze the election system of the chairman of the Neighborhood Units in Sumur Kolong Hamlet, Banyuwangi. This is done by identifying 1) the challenge of democracy and the election of the Chairman of the Neighborhood Unit in Sumur Kolong Hamlet and 2) deliberative democracy and feminism in the election of the Chairman of Neighborhood Units. This research uses a qualitative approach with a case study type. Primary data consists of observations and interviews. Meanwhile, secondary data consists of journals and books. The results of the study stated that. The condition causes most people to want to make themselves or their children Priyai until the position is achieved, creating a dynastic political pattern. To limit and eliminate these conditions or phenomena, (W), as the chairman of the community unit, created a concept in the election system for the chairman of the neighborhood unit in Sumur Kolong Hamlet. 1) The Head of the Family carries out the election, 2) the Election is Led by the Chairman of the Incumbent RT, RW, and Religious Leaders, and 3) Candidacy in Open Form; this is an effort to provide constitutional rights of the community.
Fenomena Calon Tunggal dan Arah Gerak Partai Politik Pada Pemilihan Kepala Daerah Kabupaten/Kota 2024 Fernando Holqi, Fikri Gali; Handayani, Febta Fina; Astuti, Widya Puji; Permatasari, Putri Diah; Rahman Putra, Rizki Ananda
Jurnal Pemerintahan dan Politik Vol. 10 No. 1 (2025)
Publisher : Universitas Indo Global Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36982/jpp.v10i1.5105

Abstract

The purpose of this article is to analyze the phenomenon of single candidates and the direction of motion of political parties supporting and supporting single candidates in the 2024 Regency / City Regional Head Elections after the Constitutional Court Decision Number 60/PUU-XXII/2024. This research was conducted by qualitative method with new institutionalism approach specifically rational choice institutionalism. The data collected consists of secondary data, namely KPU data processing, journals, and books. Data analysis techniques include data collection and descriptive interpretation. Theoretical analysis include power elite theory by Wright Mills. The results of the study state that the Constitutional Court Decision No. 60 / PUU-XXII / 2024 provides an opportunity for each political party to carry regional head candidates referring to the Constitutional Court's indicators, but after the decision, there are still findings of single candidates. This single candidate is caused by the buildup of a coalition of political parties, dominated by “the top leaders” or the upper class with “polical” specifications which basically have resources, the tendency of political parties to form coalitions with the winning party of the previous Pilkada or electoral-based so as to increase the potential to win political contestation. The elite group or “the top leaders” carry out dualism of roles, namely elite actors behind the scenes or as local leaders of political parties and in front of the public space or running for public office.