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All Journal University Of Bengkulu Law Journal Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Ibrahim Ghifar Hamadi
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Law, Crime, Criminology & Criminal Justice

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Meninjau Urgensi Penerapan Purcell Principle pada Pemilihan Umum (Pemilu) di Indonesia Ibrahim Ghifar Hamadi
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 absence of limitations on the Constitutional Court to adjudicate court decisions regarding electoral regulations ahead of electoral contests has become a serious issue in Indonesia. Without clear limitations, court decisions have the potential to disrupt the electoral administration process and create uncertainty that could harm the electoral order. Reflecting on Constitutional Court Decision Number 90/PUU-XXI/2023, which regulates the age requirements for presidential and vice-presidential candidates before elections, serves as a stern reminder that the courts should not grant judicial review related to elections as it may give rise to conflicts of interest and tend to favor one party. To address this issue, the application of the Purcell Principle in Indonesia is necessary. The research method used is normative legal research using a legal approach and utilizing secondary data in the form of literature materials, such as legislation, court decisions, books, scholarly articles, and internet sources regarding the Purcell Principle. This study concludes that the application of the Purcell Principle is needed in Indonesia. Considering the concept of the Purcell Principle already applied in the United States, Indonesia must adopt the Purcell Principle to ensure order and legal certainty in the conduct of elections in the country.
Kebijakan Transmigrasi di Kabupaten Bengkulu Utara: Perspektif Integrasi Sosial dan Transplantasi Kultural Susetyo, Heru; Febriyanto, Satrio Alif; Ardiansyah, Deden; Tien Tis’aini Latifah; Feymi Angelina; Ibrahim Ghifar Hamadi; Najma Izzatul Haq; M. Nurrobby Fatih
University Of Bengkulu Law Journal Vol. 9 No. 1 (2024): APRIL
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/ubelaj.v9i1.36855

Abstract

As one of the countries with the highest population in the world, Indonesia has an uneven population density in each region. This condition encouraged the creation of a transmigration policy to create an equal distribution of population density, which has been carried out since the Dutch East Indies colonial period. The transmigration policy transfers the population from areas with high population density to regions with low population density, equipped with land ownership, public facilities, and agricultural capital goods. The transmigration target area has a local population that has been settled for a long time, so there is interaction between the local population and transmigrants as immigrants. This interaction creates new forms of culture in accommodation and assimilation between the cultures of the local population and migrants. However, this interaction does not always positively impact the relationship between the local population and transmigrants because of the local community's resistance to transmigrants as migrants who are considered to pose a threat to the existence of the local population. The problem will be studied in this research using the socio-legal research method with North Bengkulu Regency as the object of research location to understand the pattern of interaction between residents and transmigrants and its impact on cultural formation through field observations to transmigration areas in North Bengkulu Regency and interviews with residents and transmigrants. This research employs Social Integration Theory of Emile Durkheim and the Cultural Transplant theory of Garett Jones. Based on field data and analysis that has been conducted, the relationship between residents and transmigrants runs harmoniously without any conflict between residents while relatively maintaining their respective cultures. However, some habits of transmigrant communities are followed by residents, and there is disappointment among local communities due to the relocation of public facilities after the transmigration policy. Keywords: Transmigration Policy, Bengkulu Utara; Accommodation; Resistance; Local Community
Co-Authors Deden Ardiansyah Febriyanto, Satrio Alif Feymi Angelina Heru Susetyo M. Nurrobby Fatih Najma Izzatul Haq Tien Tis’aini Latifah