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All Journal Pubmedia Social Sciences and Humanities Journal Customary Law Indonesian Journal of Law and Justice
Permana, Ajeng
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Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Physics Social Sciences

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Comparison of Supreme Court and Constitutional Court Decisions Based on Legal Standing in Open Legal Policy Pilkada 2024 Salsa Octaviani S; Mulyadi, Dedi; Permana, Ajeng; Asriani, Fina; Salman Fikry, M. Dika; Hidayat, Zulfikar Nugraha
Pubmedia Social Sciences and Humanities Vol. 2 No. 3 (2025): January
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/pssh.v2i3.306

Abstract

This journal abstract focuses on a comparative analysis between the decisions of the Supreme Court (MA) and the Constitutional Court (MK) in the context of legal standing in the 2024 Pilkada open legal policy. This research aims to identify differences in the interpretation and application of the law by the two institutions regarding the legal standing of the applicant. The research method used is a mixed method of quantitative and qualitative. The quantitative approach is used to collect numerical data on the number and characteristics of cases, while the qualitative approach is applied to analyse the legal context and arguments used by the Supreme Court and Constitutional Court in deciding cases. The results show that the Supreme Court has a tendency to tighten legal access by focusing on procedural aspects, while the Constitutional Court provides wider space for public participation in assessing regulatory justice. This difference in approach results in potential conflicts that can affect the stability of Pilkada regulations. This research is expected to provide a new perspective for policymakers in formulating clearer and more consistent regulations, while increasing the transparency of decision-making in the judiciary.
Theory of Power In Supreme Court Decision Nomor 23 P/Hum/2024 Permana, Ajeng; Utami, Tanti; Aulia, Salsabila; Garnita, Camiliya; Mawardi, Muhamad
Journal Customary Law Vol. 2 No. 2 (2025): March
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v2i2.3944

Abstract

The Supreme Court Decision No. 23P/HUM/2024 on the minimum age limit for regional head candidates has come under scrutiny due to its impact on legal principles, politics, and public trust. This research discusses the application of power theory in the decision, highlighting the role of the Supreme Court as a guardian of the rule of law and the principle of checks and balances. Using a qualitative method, this research analyses the legal process, impact, and public response to the ruling, which stipulates that a candidate's age is calculated from the time of inauguration, not determination. This decision has raised pros and cons: on the one hand, it is considered inclusive of the younger generation, but on the other hand, it has triggered accusations of political manipulation. The survey showed that the majority of the public understood the importance of the Supreme Court's involvement in maintaining justice, despite concerns about the transparency of the process. The conclusion underscores the importance of caution in the formation of regulations to reflect legal integrity and maintain public trust.
The Criminal Hygiene Approuch in Preventing Sexual Violence Crimes Against Potential Victims Permana, Ajeng; Kuswandi
Indonesian Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v3i2.5246

Abstract

This study aims to analyse the effectiveness of the Criminal Hygiene Approach in preventing sexual abuse crimes against potential victims, particularly vulnerable groups such as children, women, and the elderly. The research focuses on crime prevention efforts through improving social and environmental conditions that are considered to have a significant influence on the emergence of sexual abuse crimes. The research method used is a normative juridical approach supported by an empirical juridical approach, conducted through literature studies, analysis of court decisions, and criminological studies relevant to the prevention of sexual crimes. The results of the study show that the application of the principles of Criminal Hygiene plays an important role in creating a safe and preventive social environment, including through strengthening education, increasing legal literacy, social awareness, and continuous environmental monitoring. Analysis of sexual abuse cases in the Tangerang and Kulon Progo areas revealed that these crimes were influenced by a closed social environment, low intensity of social interaction, weak informal social control, and limited access to protection mechanisms for vulnerable groups. In addition, this study found various obstacles in the implementation of the Criminal Hygiene Approach, such as the tendency of victims to remain silent due to fear and social stigma, weak coordination between authorised institutions, and low levels of public awareness and participation in prevention efforts. Therefore, this study emphasises that strengthening the Criminal Hygiene Approach requires continuous synergy between families, communities, and formal institutions so that protection for potential victims can be carried out effectively, comprehensively, and in an integrated manner.
Co-Authors Asriani, Fina Aulia, Salsabila Dedi Mulyadi Garnita, Camiliya Hidayat, Zulfikar Nugraha Kuswandi Mawardi, Muhamad Salman Fikry, M. Dika Salsa Octaviani S Utami, Tanti