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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Prosiding Seminar Nasional Ilmu Hukum
Rizki Maulana Syafei
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Law, Crime, Criminology & Criminal Justice

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Constituent Recall bagi Anggota Dewan Perwakilan Daerah (DPD) RI Muhammad RM Fayasy Failaq; Rohmatin Dwi Arti; Audina El-Rahma; Rizki Maulana Syafei
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

DPD institution has many problems. On the other hand, the recall mechanism (PAW) as a forum that guarantees DPD accountability to the constituents is also problematic. It has been proven, in practice since 2014, recalls in the DPD have not been carried out as effectively as in the DPR. Recall arrangements which are mandated by the constitution through Act of Legislative produce two main focuses of this research in the form of dissecting problems and providing recommendations for arrangements whose output is reforming laws. This research method is normative juridical with qualitative data analysis from legal materials related to the theme. This study concludes that the problem of recall in the DPD is in the form of a mechanism that is less participatory for local communities as well as potential conflicts of interest because it is resolved dominantly internally by the DPD leadership and BK (Honorary Board) of the DPD. Then, the ideal recall for the DPD is a constituent recall with the Regional Government (Governor and Provincial DPRD) which proposes an interim termination on the basis of the argumentation of the reciprocal relationship between the two on the aspect of regional autonomy. In order not to be co-opted, the regional government is obliged to make the aspirations of the people the main substance of the recall. In addition, decisions can be more objective and careful because there is a relationship of checks and balances between the Governor and the Provincial DPRD.
Institusionalisasi Partai Politik: Studi Terhadap Masa Jabatan Pimpinan Parpol di Indonesia 2019-2023 Muhammad Haqiqi; Rizki Maulana Syafei; Audina El Rahma
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The term of office of political party leaders is still being debated both in Article 23 paragraph (1) of Law Number 2/2011 concerning Political Parties, as well as in the test at the Constitutional Court with Decision Number 69 / PUU-XXI / 2023. The location of the debate is because the Political Party Law orders the regulation to the internal regulations of political parties, which is felt to be undemocratized in the level of regeneration of political party leaders. This research is present to compare the tenure of political party leaders in parliament and then determine the most ideal tenure of political party leaders from these parties based on the concept of institutionalization of political parties. This research method is juridical - normative through conceptual approach and statutory approach to legal materials related to the theme. This research concludes, from the internal regulations of the parties, the requirements for party leaders to the mechanism for electing political party leaders in general have the same style. Specifically related to the term of office of political parties, only the United Development Party (PPP) and the Prosperous Justice Party (PKS) have a period of time regulated in the party's internal regulations. Based on the concept of institutionalization of political parties from the comparative study, the ones that are close to the ideal concept are the Prosperous Justice Party (PKS) and the United Development Party (PPP).
Penjatuhan Hukuman Bagi Pelaku Golput sebagai Upaya Mendorong Partisipasi Publik dalam Pemilu yang Harmonis Rizki Maulana Syafei; Ikram Ibrahim; Nabila Rizq Wildanbati
Prosiding Seminar Nasional Ilmu Hukum Vol. 1 No. 1 (2024): Juni : Prosiding Seminar Nasional Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/prosemnashuk.v1i1.20

Abstract

This research examines the problem of law enforcement against abstention behavior in elections in Indonesia, with a focus on punishment for abstention behavior that does not vote and does not come to the polling station. The background of this research is the legal vacuum arising from the current election law enforcement system, which is characterized by the ups and downs of the abstention rate that occurs. In 2004 the abstention rate amounted to 20.24%, in 2009 the number of abstentions increased to 25.19%, in 2014 the number of abstentions increased more drastically to 30, 22%, while the last in 2019 the number of abstentions decreased to 18.03%. The purpose of this research is to evaluate the implications of abstention on democratic development and to provide sanctions regulations in the form of administrative and criminal sanctions for abstainers who do not come to the polling stations. The research method used is descriptive qualitative analysis, by examining relevant primary and secondary data. Data was collected through literature study, and analysis of related documents. The results of this study show that abstention is an act that is not allowed by a country. Abstention behavior can reduce the level of election participation and the level of legitimacy as a prerequisite for the state as a democracy. Thus, it is necessary to reform the regulations under citizens who abstain from coming to the polling stations must be subject to punishment in the form of both administrative sanctions and criminal sanctions which will be related to policies submitted to the legislators.
Redesain Presiden Berhalangan Sementara Dalam Lembaga Kepresidenan Muhamad Riziq Maulana; Rizki Maulana Syafei; Muh Zikril; Risma Ridhani Istiqomah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

In a presidential system, the president plays a key role as both head of state and head of government, making the position crucial in governance. Therefore, a vacancy in the presidency whether temporary or permanent should not occur, even briefly. However, Indonesian law only regulates permanent incapacity and does not address temporary incapacity, creating a legal vacuum. This study aims to formulate a legal concept to regulate the temporary incapacity of the president. The research uses normative legal analysis with conceptual, historical, and comparative approaches, analyzed through the theory of mandate authority. The findings show that the lack of legal provisions for temporary presidential incapacity can disrupt government functions and undermine the rule of law. This gap exists in both normal situations (leave, minor illness, travel) and abnormal conditions (emergencies, serious health issues), where delegation of duties is left to administrative practices. Therefore, a Presidential Institution Law is needed to clearly define the delegation of presidential duties. This law should distinguish between administrative delegation in normal situations and limited delegation of substantive authority in abnormal situations through a mandate mechanism.
Co-Authors Audina El Rahma Audina El-Rahma Ikram Ibrahim Muh Zikril Muhamad Riziq Maulana Muhammad Haqiqi Muhammad RM Fayasy Failaq Nabila Rizq Wildanbati Risma Ridhani Istiqomah Rohmatin Dwi Arti