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Juridical Review of Alternative Business Dispute Resolution as a Form of Consumer Rights Protection Hidayat Sumarna, Muhammad; Djunaedi, O.; Rattanapun, Supot
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.941

The settlement of business disputes between consumers and business actors is an increasingly crucial issue along with the increasing complexity of transactions in the digital era and global economy. The purpose of this research is to analyze the role of the Consumer Dispute Resolution Agency (BPSK) in supporting alternative business dispute resolution as an effort to protect consumer rights in Indonesia and analyze the effectiveness of alternative business dispute resolution in protecting consumer rights in Indonesia. The method used in this research is normative juridical research. The results showed that BPSK plays an important role in providing more effective alternative dispute resolution for Indonesian consumers through mediation, conciliation, and arbitration mechanisms that are friendly, fast, and affordable. Through this approach, BPSK supports the protection of consumer rights and encourages fair and responsible business practices among business actors. The effectiveness of alternative business dispute resolution also creates flexible and efficient solutions, addressing consumer justice needs in a cheaper and faster way. Despite some challenges, ADR provides a favorable solution for consumers and businesses in resolving business disputes..

The Role Of Constitutional Law in Regional Autonomy Deltanto Sarwi Diatmiko, Raden; Djunaedi, O.; Akkapin, Supaphorn
Journal Evidence Of Law Vol. 3 No. 3 (2024): Journal Evidence Of Law (Desember)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v3i3.942

This research aims to analyse the influence of constitutional law foundations on the implementation of regional autonomy policies in Indonesia. Using a normative legal research methodology with a statutory approach, this study examines the legal norms governing regional autonomy as well as analyses the authority between the central and regional governments. The results show that the clarity of legal regulations contributes significantly to the effectiveness of regional autonomy, while overlapping authority and weak monitoring mechanisms are obstacles. This study concludes that strengthening regulations and public participation are essential to improve the successful implementation of regional autonomy policies.

Formulation of Coalition Threshold For Political Parties Based on Proportionality Principles In The Presidential Election Post Constitutional Court Decision No. 62/PUU-XXII/2024 Harimurti Adi Nugroho; O. Djunaedi; Ismail Ismail
Asian Journal of Social and Humanities Vol. 3 No. 5 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i5.496

This research aims to formulate a maximum threshold for political party coalition membership based on proportionality principles to prevent dominance. Research findings indicate that in Indonesia's positive legal system, particularly regarding presidential elections, there are no legal norms explicitly defining political party coalition dominance in presidential candidate nominations. Article 6A of the 1945 Constitution does not directly address this matter but implicitly regulates the limitation of absolute dominance through a "two candidate pairs" mechanism in the second round, preventing all parties from joining a single coalition. Law Number 7 of 2017 on Elections also provides no explicit definition, though Article 229 Paragraph (2) implies prevention of nomination monopoly by a single coalition. Theoretically, political party coalition dominance can occur macroscopically (power concentration by large coalitions) and microscopically (internal domination by majority parties within coalitions). In the macroscopic context, dominance includes the formation of large coalitions that dominate the presidential nomination process, while in the microscopic context, dominance occurs when one political party within the coalition has excessive influence over joint decisions. To prevent this, a normative formulation of maximum coalition membership thresholds based on proportionality principles is proposed. Two alternative maximum threshold percentages are proposed: 25% or 50% of the total number of political parties participating in the election.

Constitutional Disobedience Be the Reason for the Impeachment of the President and/or Vice President During the Term of Office H. Muhamad Rezky Pahlawan MP; O. Djunaedi; Atma Suganda
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13518

The dismissal of the President and/or Vice President is a legislative authority involving the DPR, MPR, and the Constitutional Court (MK) to address constitutional or legal violations. This study examines constitutional defiance by the President/Vice President and the reconstruction of the ideal mechanism for their dismissal. With a normative legal approach, this study concludes that reporting violations can be done by citizens or organizations because sovereignty lies in the hands of the people. Reconstruction of the ideal mechanism is suggested through national legal reform based on Pancasila values, including the preparation of special procedural law for the dismissal of the President/Vice President that is adjusted to the amendments to the 1945 Constitution.

Formulation of Coalition Threshold For Political Parties Based on Proportionality Principles In The Presidential Election Post Constitutional Court Decision No. 62/PUU-XXII/2024 Adi Nugroho, Harimurti; Djunaedi, O.; Ismail, Ismail
Asian Journal of Social and Humanities Vol. 3 No. 5 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i5.496

This research aims to formulate a maximum threshold for political party coalition membership based on proportionality principles to prevent dominance. Research findings indicate that in Indonesia's positive legal system, particularly regarding presidential elections, there are no legal norms explicitly defining political party coalition dominance in presidential candidate nominations. Article 6A of the 1945 Constitution does not directly address this matter but implicitly regulates the limitation of absolute dominance through a "two candidate pairs" mechanism in the second round, preventing all parties from joining a single coalition. Law Number 7 of 2017 on Elections also provides no explicit definition, though Article 229 Paragraph (2) implies prevention of nomination monopoly by a single coalition. Theoretically, political party coalition dominance can occur macroscopically (power concentration by large coalitions) and microscopically (internal domination by majority parties within coalitions). In the macroscopic context, dominance includes the formation of large coalitions that dominate the presidential nomination process, while in the microscopic context, dominance occurs when one political party within the coalition has excessive influence over joint decisions. To prevent this, a normative formulation of maximum coalition membership thresholds based on proportionality principles is proposed. Two alternative maximum threshold percentages are proposed: 25% or 50% of the total number of political parties participating in the election.

THE APPLICATION OF THE PRINCIPLE OF DECENTRALISATION IN REGIONAL AUTONOMY Kurniawan, Iwan; Djunaedi, O.; Akkapin, Supaphorn
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 3 No. 12 (2024): November
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v3i12.2544

The transformation of Indonesia's governance system through decentralization has granted extensive authority to local governments to manage administrative affairs based on their unique potentials and needs. The principle of decentralization aims to accelerate development and enhance community welfare through improved public services. However, the implementation of this principle faces numerous challenges, including regional development disparities, abuse of power, and suboptimal budget management. This study employs a juridical-normative approach to analyze the effectiveness of decentralization in regional autonomy, focusing on supervision, budget allocation, and the administrative capacity of local governments. The findings reveal that while decentralization has the potential to accelerate development, fiscal imbalances and weak supervision remain significant obstacles. Consequently, reforms in oversight systems and more transparent budget management, alongside enhanced local government capacity, are necessary to maximize the benefits of decentralization. The study recommends strengthening supervision, improving central-local coordination, and adjusting budget allocations to reduce regional development disparities. These measures are expected to help achieve the goals of decentralization in fostering equitable development and enhancing community welfare.

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