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All Journal Trunojoyo Law Review Journal of Indonesian Constitutional Law
Sulaiman, Dindha Shahrazade
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Political Dynasties in General Elections According to Human Rights and A Comparison in Four ASEAN Countries Saifulloh, Putra Perdana Ahmad; Barus, Sonia Ivana; Nggilu, Novendri M; Nur, Asrul Ibrahim; Sulaiman, Dindha Shahrazade
TRUNOJOYO LAW REVIEW Vol 7, No 1 (2025): February
Publisher : Faculty of Law Universitas Trunojoyo Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/tlr.v7i1.28492

Abstract

The advantages of this article are discussing the Prohibition of Dynastic Politics from a Human Rights Perspective and Legal Formulas to Minimize Dynastic Politics as well as comparisons in three ASEAN countries. The research results concluded that the practice of dynastic politics cannot be separated from a human rights perspective, especially political rights for citizens. However, on the other hand, if it continues, the practice of dynastic politics can damage democratic principles. This is also based on comparisons in Singapore, Thailand and the Philippines. For this reason, in this article, the author provides a legal formula to minimize the negative excesses of dynastic politics, namely by strengthening the conditions for presidential/vice presidential candidates, gubernatorial candidates, mayoral candidates, and regent candidates in internal political parties. So that political parties will also strengthen the party system so as to avoid collusion and nepotism. To minimize dynastic politics, it is necessary to improve the culture within political parties. The reconstruction of the design of a democratic presidential candidacy is to prioritize the process of deliberation and consensus. Through the formation of the Party Consultative Assembly, it is hoped that it will be able to overcome and interpret the ideological ideals of political parties and the ideals of political leadership. This needs to be regulated in the Memorandum of Association/Articles of Association of Political Parties and the revision of the Political Party Law and Election Law. Furthermore, the analysis used normative legal research, including statutory, comparative, and conceptual methods.
The Ratio Legis of Government Regulation in Lieu of Law as Emergency Legislation Saifulloh, Putra Perdana Ahmad; Arifin, Firdaus; Nggilu, Novendri M; Sulaiman, Dindha Shahrazade; Sarjo, Musa
Journal of Indonesian Constitutional Law Vol. 3 No. 1 (2026): Journal of Indonesian Constitutional Law
Publisher : CV. Pustaka Parawali

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71239/jicl.v3i1.230

Abstract

This study aims to examine the hierarchy, the meaning of urgent necessity, and the substance of Government Regulations in Lieu of Law (Perppu) from the perspective of emergency constitutional law. This study contributes to efforts to emphasise the importance of regulatory reform regarding the formulation of legislation, which is necessary to: First, clarify the hierarchy of Perppu within the legal system, as it is inappropriate to equate Perppu-as emergency legislation-with Law, which is legislation under normal conditions. Therefore, Perppu need not be included in the legislative hierarchy. Secondly, to clarify the meaning of urgent necessity as a prerequisite for the President to issue a Perppu. Thirdly, to clarify the substantive content of Perppu. This research is a normative legal study employing a juridical, historical, and conceptual approach. The findings indicate that the current regulation of Perppu does not fully reflect the concept of emergency legislation, particularly regarding hierarchy and substantive content. Legal reform is required to strengthen the position of the Perppu as an emergency legislation within Indonesia’s constitutional system, so that its use can be strictly and clearly limited and issued only when the state is in a state of emergency. The recommendations of this study are to reconstruct the hierarchy, clarify the meaning of ‘urgent need’, and define the content of the Perppu so that it meets the requirements of emergency legislation.
Co-Authors Barus, Sonia Ivana Firdaus Arifin, Firdaus Novendri M Nggilu Nur, Asrul Ibrahim Putra Perdana Ahmad Saifulloh Sarjo, Musa