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The Existence of Presidential Authority in Determining a State of Emergency Komendangi, Rivanka Amelia Nursyahbani
QISTINA: Jurnal Multidisiplin Indonesia Vol 3, No 2 (2024): December 2024
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v3i2.4256

Abstract

The declaration of a state of emergency by a President is an important instrument in maintaining state stability and security in crisis and emergency situations. The President's authority in handling emergencies raises many debates about the limits of his power in taking extraordinaire actions to protect national interests. The purpose of this study is to analyze and understand the existence of the President's authority in determining a state of emergency. This research uses normative juridical research methods by collecting data from various sources such as the constitution, laws and regulations, court decisions, and related literature. The results of this study show that the President's authority in determining a state of emergency is related to three main aspects, namely the initial decision, the implementation of emergency measures, and restrictions on constitutional rights. The President has the authority to determine a state of emergency based on serious threats to national security or territorial integrity.
Electoral Accessibility Reform for Persons with Disabilities Rahim, Erman I.; Piyo, Sofyan; Komendangi, Rivanka Amelia Nursyahbani
Reformasi Hukum Vol 29 No 3 (2025): December Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i3.1333

Abstract

Political participation of persons with disabilities in electoral processes remains constrained by structural barriers despite constitutional guarantees and international human rights commitments. This study examines the need for electoral accessibility reform by employing the concepts of accessibility and reasonable accommodation as normative and philosophical foundations. The research adopts a normative legal method with conceptual and statutory approaches. The findings indicate that while Indonesia’s legal framework formally recognizes accessibility and reasonable accommodation, implementation gaps persist, particularly in relation to physical infrastructure, electoral information, and socio-cultural practices. Drawing on distributive justice and principles protecting vulnerable groups, the study argues that accessibility should be understood as a substantive equality requirement rather than merely a technical administrative measure. It concludes that electoral reform should prioritize universal accessibility standards and proportionate accommodation mechanisms to ensure equal political participation of persons with disabilities within Indonesia’s democratic framework.