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All Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Rahadian Diffaul Barraq Suwartono
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Law, Crime, Criminology & Criminal Justice

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Ikhtiar Peningkatan Keterwakilan melalui Pembentukan Dapil Luar Negeri: Evaluasi terhadap Pemilu Rahadian Diffaul Barraq Suwartono
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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Approaching the 2023 Indonesian General Elections, the issue of establishing overseas electoral ballots is revolving. This issue has actually been proclaimed for a long time, at least since the filing for a judicial review of Law No. 8 of 2012 which was decided by the Constitutional Court in 2013. However, until now, this issue has not been fulfilled and a comprehensive discussion has not been held by the relevant parties. This article tries to examine the establishment of overseas electoral ballots as an effort to achieve representation for the Indonesian diaspora. This article is normative legal research enacted into two problem formulations, namely: How is the representation of Indonesian citizens abroad in the DPR so far? How can the formation of Overseas Ballots maximize the representation of Indonesian Citizens abroad in the DPR? The legal materials used are Indonesian Laws, Constitutional Court Decision Number 2/PUU-XI/2013, and several secondary legal sources in the form of books, previous research articles, and trusted web sources. This article concludes: the representation of the Indonesian diaspora has not been represented. The formation of Overseas Electoral Ballots must also be able to encourage the emergence of legislative candidates who are familiar to the people and understand the issues experienced by the Indonesian diaspora.
Legal Policy Pembatasan Hak Politik Anggota Kepolisian dan Prajurit TNI di Indonesia: Sebuah Evaluasi Rahadian Diffaul Barraq Suwartono
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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Political rights’ limitation for members of the police and TNI soldiers is an old issue that has almost been forgotten. However, this issue is back to become relevant when the 2024 General Elections are held. The spirit of regulating legal policies to limit political rights can be traced back to the embryonic formation of the TNI as a national armed force before Indonesia's independence. The Indonesian military, which was born with a unique character as a people's army, is positioned as a stabilizer of the political life of the nation and state through the conception of the Middle Way and the Dual Functions of ABRI. However, at the end of the New Order, this policy gave rise to excesses that harmed human rights and democracy in Indonesia. This article describes this problem in the form of a research formulation: what is the background to limiting the political rights of members of the National Police and TNI soldiers? And; Do these restrictions on political rights still need to be maintained? This is because efforts are starting to emerge to eliminate restrictions on political rights for TNI soldiers and members of the National Police. This article describes the grand design of the legal policy on these restrictions. This restriction is still relevant today and needs to be strengthened again after the 2024 elections. A thorough evaluation is required to ensure this legal policy can survive.
Peluang Redefinisi Kewenangan Pembentukan Perppu dalam RUU Lembaga Kepresidenan Rahadian Diffaul Barraq Suwartono
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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The President's authority to form a Government Regulation in Lieu of Laws, as stated in Article 22 of the 1945 Constitution of the Republic of Indonesia, has recently received more and more criticism and academic review. Recent research shows that a redefinition is needed, or at least a limitation on the scope of "exigencies compel" as an indicator of the activation of the President's authority to form a Government Regulation in Lieu of Laws. Because, from time to time, there has been a misleading practice which has caused legal chaos when the President exercises the authority to form a Government Regulation in Lieu of Laws. This article highlights the opportunity for more concrete regulation, or at least limitations, on interpreting the meaning of "compelling urgency" as the entry point for implementing a Government Regulation in Lieu of Laws. Using a legal policy and conceptual approach, this article focuses on answering research questions such as: how is the development of science regarding criticism of the formation of a Government Regulation in Lieu of Laws by the President in Indonesia; and is it possible to further regulate the redefinition of the authority to form a Government Regulation in Lieu of Laws through the Presidential Law. This article aspires to a more critical understanding of the granting of the authority to form a Government Regulation in Lieu of Laws in Indonesia. Therefore, the proposal to reconceptualize the authority to form a Government Regulation in Lieu of Laws through the legislative discourse of the Presidential Law needs to be submitted.
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