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All Journal Jurnal Ilmu Hukum The Juris Jurnal hukum IUS PUBLICUM
Rahmah, Mila Arastasya
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Humanities Law, Crime, Criminology & Criminal Justice Other

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Fenomena Kotak Kosong Dalam Pilkada Tahun 2024 Mulyadi, Dedi; Simbolon, Cindy Claudia; Baidhowi, Nayla Ratu; Januwati, Pusfa; Lananda, Ardelia; Rahmah, Mila Arastasya
Jurnal Hukum Ius Publicum Vol 5 No 2 (2024): Jurnal Hukum Ius Publicum
Publisher : LPPM Universitas Doktor Husni Ingratubun Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55551/jip.v5i2.185

Abstract

The implementation of regional head elections (Pilkada) in Indonesia faces various challenges, including the phenomenon of empty boxes that reflect public dissatisfaction with the candidates nominated. In the context of democracy, Pilkada should be a means for the people to express their sovereignty. However, the issue of the threshold and the practice of "party buying" hinder healthy political participation. The approach method in this study is to use a normative legal approach, namely a legal research method that examines library materials or secondary data. The identification of problems in this study is the Background of the Initial Phenomenon of Empty Boxes, Problems or Implementation of Pilkada Against Empty Boxes in Several Regions in Indonesia, and how Efforts to Resolve Pilkada Against Empty Boxes. The purpose of this study is to analyze in more depth the phenomenon of empty boxes in the 2024 Pilkada in the perspective of the Constitutional Court Decision No. 60 / PUU-XXII / 2024, as well as to add insight and information regarding the phenomenon of empty boxes in the 2024 Pilkada in the perspective of the Constitutional Court Decision No. 60 / PUU-XXII / 2024. The results of the study show that although the Constitutional Court's decision provides space for candidates without a threshold, challenges remain in terms of candidate quality and public acceptance. Internal party cadre formation is a strategic step to produce leaders who are more representative and able to answer the aspirations of the people. This study suggests the need for reform in the electoral system to improve the quality of democracy in Indonesia.
PENGARUH TEORI PERUNDANG-UNDANGAN TERHADAP DINAMIKA NORMA HUKUM DALAM SISTEM HUKUM INDONESIA Utami, Tanti Kirana; Lananda, Ardelia; Simbolon, Cindy Claudia; Rahmah, Mila Arastasya; Baidhowi, Nayla Ratu; Januwati, Pusfa
Jurnal Hukum Ius Publicum Vol 5 No 2 (2024): Jurnal Hukum Ius Publicum
Publisher : LPPM Universitas Doktor Husni Ingratubun Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55551/jip.v5i2.199

Abstract

The theory of legislation in the formation and change of law in Indonesia has a very important position. This is because the theory of legislation can provide structure and direction for the development of effective law and in accordance with the needs of society. In Indonesia, the theory of legislation aims to create a legal system that is in accordance with the principles of the rule of law and Pancasila. The purpose of this study is to analyze in more depth the Influence of the Theory of Legislation on the Dynamics of Legal Norms in the Indonesian Legal System. The approach method in this study is to use a normative juridical approach, namely a legal research method that examines library materials or secondary data. The identification of problems in this study is the Influence of the Theory of Legislation on the Quality of Implementation of Legal Norms in Indonesia, Factors that Influence the Application of the Theory of Legislation in the Practice of Legal Formation in Indonesia, and the Impact of the Application of the Theory of Legislation on the Stability of Legal Norms in the Legal System in Indonesia. The application of the theory of legislation in Indonesia aims to create systematic, fair, and effective regulations by involving community participation. Therefore, comprehensive reform of the legal system and transparent and professional law enforcement are essential to improve the quality of legal norms and strengthen public trust in the justice system.
DAMPAK PUTUSAN MAHKAMAH AGUNG DAN MAHKAMAH KONSTITUSI MENGENAI OPEN LEGAL POLICY DI TINJAU DARI HUKUM ADMINISTRASI NEGARA Lananda, Ardelia; Mulyadi, Dedi; Rahmah, Mila Arastasya; Baidhowi, Nayla Ratu; Simbolon, Cindy Claudia; Januwati, Pusfa
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1323

Abstract

In the context of administrative law, the decisions of the Supreme Court (MA) and the Constitutional Court (MK) play a crucial role in shaping open legal policies in Indonesia. Open legal policy refers to policies that provide flexibility for the legislative body to regulate legal content that is not explicitly addressed by the Constitution. This study aims to analyze the impact of the decisions made by the MA and MK on open legal policies from the perspective of administrative law. The method used is a normative legal approach, focusing on the analysis of literature and secondary data. The identification of issues includes the background of the MA and MK decisions regarding open legal policies, the challenges faced by judicial institutions related to these policies, and the efforts of these institutions to make decisions in accordance with their absolute competencies. The findings indicate that the decisions of the MA and MK are essential to ensuring that public policies adhere to the principles of good administrative law, such as legal certainty, transparency, and accountability. These decisions provide boundaries and guidance for policymakers to maintain a balance between legislative freedom and applicable legal principles. This research also highlights the implications of significant rulings, such as the annulment of norms deemed unconstitutional and the affirmation of minimum age limits in regional head elections, offering insights for the development of the administrative law system in Indonesia.
DAMPAK PUTUSAN MAHKAMAH AGUNG DAN MAHKAMAH KONSTITUSI MENGENAI OPEN LEGAL POLICY DI TINJAU DARI HUKUM ADMINISTRASI NEGARA Lananda, Ardelia; Mulyadi, Dedi; Rahmah, Mila Arastasya; Baidhowi, Nayla Ratu; Simbolon, Cindy Claudia; Januwati, Pusfa
The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/juris.v8i2.1323

Abstract

In the context of administrative law, the decisions of the Supreme Court (MA) and the Constitutional Court (MK) play a crucial role in shaping open legal policies in Indonesia. Open legal policy refers to policies that provide flexibility for the legislative body to regulate legal content that is not explicitly addressed by the Constitution. This study aims to analyze the impact of the decisions made by the MA and MK on open legal policies from the perspective of administrative law. The method used is a normative legal approach, focusing on the analysis of literature and secondary data. The identification of issues includes the background of the MA and MK decisions regarding open legal policies, the challenges faced by judicial institutions related to these policies, and the efforts of these institutions to make decisions in accordance with their absolute competencies. The findings indicate that the decisions of the MA and MK are essential to ensuring that public policies adhere to the principles of good administrative law, such as legal certainty, transparency, and accountability. These decisions provide boundaries and guidance for policymakers to maintain a balance between legislative freedom and applicable legal principles. This research also highlights the implications of significant rulings, such as the annulment of norms deemed unconstitutional and the affirmation of minimum age limits in regional head elections, offering insights for the development of the administrative law system in Indonesia.
PENYELESAIAN WANPRESTASI DALAM PERJANJIAN ENDORSEMENT ANTARA INFLUENCER DAN PELAKU USAHA Kamilah, Anita; Lananda, Ardelia; Alvian M.S, Ce Kedzma; Rahmah, Mila Arastasya
Jurnal Hukum Ius Publicum Vol 6 No 1 (2025): Jurnal Hukum Ius Publicum
Publisher : LPPM Universitas Doktor Husni Ingratubun Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55551/jip.v6i1.324

Abstract

Endorsement agreements between influencers and business actors are one form of cooperation that is widely used in the marketing world. However, in its implementation, there are often defaults committed by one of the parties, namely influencers who do not fulfill their obligations in accordance with the provisions agreed upon in the agreement. The purpose of this study is to analyze in more depth the Validity of Endorsement Agreements between Influencers and Business Actors from the Perspective of the Civil Code and the ITE Law, identify Forms of Default in Endorsement Agreements between Influencers and Business Actors, and examine the Mechanism for Settling Defaults in Endorsement Agreements between Influencers and Business Actors Based on the Civil Code and the ITE Law. The method used in this study is the normative legal research method. This research method is carried out by examining problems and processing data obtained from legal regulations in accordance with existing regulations and rules or norms as the basis for research. The results of the study indicate that the settlement of defaults in endorsement agreements between influencers and business actors can be done through litigation or non-litigation. The litigation route takes place through the legal process through the courts, while the non-litigation route takes place through mediation or arbitration.
DAMPAK FENOMENA “NO VIRAL, NO JUSTICE” TERHADAP PENEGAKAN HUKUM KASUS KDRT DI INDONESIA Nur, Hilman; Lananda, Ardelia; Simbolon, Cindy Claudia; Rahmah, Mila Arastasya; Baidhowi, Nayla Ratu; Januwati, Pusfa; Dika, Muhammad Gilar; Tri Cahya, Muhammad Agung
Jurnal Hukum Ius Publicum Vol 6 No 1 (2025): Jurnal Hukum Ius Publicum
Publisher : LPPM Universitas Doktor Husni Ingratubun Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55551/jip.v6i1.325

Abstract

The phenomenon of “No Viral, No Justice” has become a highlight in handling cases of Domestic Violence (DV) in Indonesia. This phenomenon reflects the public perception that justice is often only achieved if cases of Domestic Violence (DV) receive widespread attention on social media. The purpose of this study is to analyze in more depth the law enforcement system for domestic violence crimes in Indonesia based on applicable laws and regulations, identify the factors causing the emergence of the phenomenon of “No Viral, No Justice” in law enforcement of domestic violence in Indonesia and examine the impact of the phenomenon of “No Viral, No Justice” on the effectiveness of law enforcement officers in handling domestic violence crimes in Indonesia. The method used in this study is the normative legal research method. This research method is carried out by examining problems and processing data obtained from legal regulations in accordance with existing regulations and rules or norms as the basis for research. The results of the study indicate that the phenomenon of “No Viral, No Justice” on social media can accelerate the law enforcement process and increase public pressure on law enforcement officers to act. However, this phenomenon can also pose risks, such as trials by the media, violations of victim privacy, and potential disinformation. In addition, dependence on virality can divert attention from systematic and sustainable efforts to address Domestic Violence (DV), so efforts are needed to strengthen effective and reliable mechanisms for protecting victims of Domestic Violence (DV).
Co-Authors Alvian M.S, Ce Kedzma Baidhowi, Nayla Ratu Dedi Mulyadi Dedi Mulyadi Dika, Muhammad Gilar Hilman Nur Januwati, Pusfa Kamilah, Anita Kirana Utami, Tanti Lananda, Ardelia Simbolon, Cindy Claudia Tri Cahya, Muhammad Agung