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All Journal Legal Protection for the Partnership Agreement Parties Siber International Journal of Advanced Law Jurnal Pengabdian Hukum Indonesia
Jayawibawa, Marcellus
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Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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A Comparative Analysis of Mechanisms for Settlement of Election Disputes: Case Studies of Indonesia and South Africa Sistyawan, Dwanda Julisa; Saraswati, Retno; ALW, Lita Tyesta; Sally, Novian Uticha; Jayawibawa, Marcellus
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1610

Abstract

This study provides a comparative analysis of the mechanisms for settling election disputes in Indonesia and South Africa, focusing on transparency, accountability, effectiveness, and efficiency. Despite notable democratic advancements, both nations continue to grapple with challenges that could undermine the legitimacy of electoral outcomes and democratic stability. The research investigates how transparent and inclusive these mechanisms are, the extent of public scrutiny, and the accountability measures in place for responsible parties. It also assesses the timeliness of dispute resolution, enforceability of decisions, and their overall impact on electoral integrity and legitimacy. Key findings highlight the roles of Indonesia's Bawaslu and South Africa's IEC in ensuring openness and public participation while identifying political interference, resource constraints, and procedural complexities as significant challenges. The study further explores best practices such as engaging civil society, simplifying procedures, and adopting technology to enhance dispute resolution mechanisms. Through this analysis, the research contributes to the understanding of electoral governance and offers policy recommendations to strengthen democratic institutions in Indonesia and South Africa.
Coast Guard Plays a Role in Maritime Law Enforcement Widijowati, Rr.Dijan; Jayawibawa, Marcellus; Budisetyowati, Dwi Andayani
Siber International Journal of Advanced Law (SIJAL) Vol. 3 No. 1 (2025): Siber International Journal of Advanced Law (July - September 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v3i1.256

Abstract

Indonesia, as the world's largest archipelagic state, faces complex challenges in maritime law enforcement. The establishment of the Maritime Security Agency (BAKAMLA) as the embryo of the Indonesian Coast Guard aims to fulfill institutional needs to ensure security and safety within national waters. This study aims to analyze the essential role of BAKAMLA in maritime law enforcement and identify the regulatory challenges it faces. Using a normative juridical approach, this research examines various legal frameworks related to maritime institutions and authority. The findings reveal that overlapping regulations and authority among institutions such as the Indonesian Navy (TNI AL), the National Police (POLRI), the Ministry of Marine Affairs and Fisheries (KKP), and others significantly hinder BAKAMLA’s effectiveness. Therefore, harmonization of maritime legal systems and regulations is urgently needed. It is recommended to enact a Coast Guard Law as a single regulation that designates BAKAMLA as the main coordinator of maritime law enforcement. This reform is expected to improve inter-agency coordination, integrate early detection systems, and strengthen Indonesia’s maritime sovereignty and security.
Empowering Communities through Electoral Law Reform: The Challenge of Single-Candidate Elections in Indonesia Julisa Sistyawan, Dwanda; Jayawibawa, Marcellus; Vallentino Neonbeni, Randy; Judijanto, Loso; Uticha Sally, Novian
Jurnal Pengabdian Hukum Indonesia Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.23294

Abstract

This study examines the increasing prevalence of single-candidate elections in Indonesia’s regional (Pilkada) contests and their implications for community empowerment and local democracy. These elections undermine democratic principles by restricting voter choice, weakening political competition, fostering voter apathy, and disempowering communities. The study employs a community-based qualitative approach, focusing on the analysis of relevant laws, Constitutional Court decisions, reports from the General Election Commission (KPU), and scholarly literature. Findings indicate that the dominance of major party coalitions and entrenched incumbents marginalizes communities, limits alternative leadership, and weakens accountability. This study highlights that electoral reform is not merely technical but also a crucial instrument for empowering communities by restoring their sovereignty and agency in governance. To address these challenges, the study recommends comprehensive reforms, including strengthened political education for first-time voters, improved transparency, stricter controls on money politics, and greater opportunities for independent and minority candidates. Such measures are essential to revitalizing local democracy, promoting political diversity, and ensuring inclusive and competitive regional elections that reflect the aspirations and sovereignty of the people.
A Comparative Analysis of Mechanisms for Settlement of Election Disputes: Case Studies of Indonesia and South Africa Sistyawan, Dwanda Julisa; Saraswati, Retno; ALW, Lita Tyesta; Sally, Novian Uticha; Jayawibawa, Marcellus
Al-Risalah Vol 24 No 2 (2024): December 2024
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v24i2.1610

Abstract

This study provides a comparative analysis of the mechanisms for settling election disputes in Indonesia and South Africa, focusing on transparency, accountability, effectiveness, and efficiency. Despite notable democratic advancements, both nations continue to grapple with challenges that could undermine the legitimacy of electoral outcomes and democratic stability. The research investigates how transparent and inclusive these mechanisms are, the extent of public scrutiny, and the accountability measures in place for responsible parties. It also assesses the timeliness of dispute resolution, enforceability of decisions, and their overall impact on electoral integrity and legitimacy. Key findings highlight the roles of Indonesia's Bawaslu and South Africa's IEC in ensuring openness and public participation while identifying political interference, resource constraints, and procedural complexities as significant challenges. The study further explores best practices such as engaging civil society, simplifying procedures, and adopting technology to enhance dispute resolution mechanisms. Through this analysis, the research contributes to the understanding of electoral governance and offers policy recommendations to strengthen democratic institutions in Indonesia and South Africa.
Co-Authors Dwi Andayani Budisetyowati, Dwi Andayani Judijanto, Loso Lita Tyesta ALW Novian Uticha Sally, Novian Retno Saraswati Sally, Novian Uticha Sistyawan, Dwanda Julisa Vallentino Neonbeni, Randy Widijowati, Rr. Dijan