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All Journal Reformasi Hukum QISTINA: Jurnal Multidisiplin Indonesia
Komendangi, Rivanka Amelia Nursyahbani
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Religion Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing

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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

This study examines electoral accessibility reform for persons with disabilities by employing accessibility and reasonable accommodation as its philosophical and normative foundations. The research uses normative legal research with conceptual and philosophical approaches, drawing upon an analysis of constitutional provisions, national legislation, international human rights instruments, and relevant academic literature. The discussion emphasizes accessibility as a structural guarantee for inclusive electoral facilities and information, and reasonable accommodation as a proportional mechanism to address the diverse needs of persons with disabilities. The analysis is grounded in Aristotle’s concept of justice, which advocates differential treatment based on relevant differences, and Rawls’ difference principle, which prioritizes the protection of the most vulnerable groups. These philosophical foundations are reinforced by the 1945 Constitution, Law No. 8 of 2016 on Persons with Disabilities, Law No. 7 of 2017 on Elections, and Article 29 of the Convention on the Rights of Persons with Disabilities. The findings indicate that although the existing legal framework formally recognizes electoral rights for persons with disabilities, its implementation remains inadequate due to persistent physical, informational, and cultural barriers in electoral processes. This study concludes that electoral accessibility reform constitutes a philosophical, normative, and practical imperative, which can be realized through an Inclusive Electoral Justice model grounded in universal accessibility, reasonable accommodation, and participatory decision-making, thereby affirming persons with disabilities as equal political subjects.
Co-Authors Erman I. Rahim Sofyan Piyo