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Analisis Kedudukan Mahkamah Konstitusi dalam Melaksanakan Hak Uji Materiil (Judicial Review) pada Putusan Nomor 90/PUU-XXI/2023 Sekar Arum Kusuma Jati; Sunny Ummul Firdaus; Jadmiko Anom Husodo
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 2 No. 4 (2024): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v2i4.1583

Abstract

The amendment of the 1945 Constitution of the Republic of Indonesia brought significant changes to the structure of state institutions, particularly in the separation of powers. The Constitutional Court, as an institution holding judicial power, has the authority to conduct judicial review based on Article 24 paragraph (2) of the 1945 Constitution. The Constitutional Court Decision No. 90/PUU-XXI/2023 sparked polemics because it was considered a positive legislative decision, which shifted the Court's role from negative legislator to positive legislator. This has created a new phenomenon in the Indonesian constitutional law system, especially regarding the position of the Constitutional Court and the validity of the constitution. This research aims to analyze the effect of the decision on the state institutional system in lawmaking. Using a normative legal approach, this research finds that the decision shows the weakness of the checks and balances system and legalizes a new norm regarding the age of presidential and vice-presidential candidates that does not reflect the interests of society. As a result, the expected substantive justice is not achieved, loosening democracy, and undermining the authority of lawmaking institutions. Therefore, it is necessary to review the authority of the Constitutional Court to prevent abuse of power.
Implementasi Fungsi Pendidikan Politik Oleh Partai Demokrasi Indonesia Perjuangan Di Kabupaten Purworejo Menurut Undang-Undang Nomor 2 Tahun 2011 Tentang Perubahan Atas Undang-Undang Nomor 2 Tahun 2008 Tentang Partai Partai Politik Recalliandra Marella Zainenci; Sunny Ummul Firdaus; Jadmiko Anom Husodo
Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Vol. 1 No. 2 (2024): April : Aktivisme : Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aktivisme.v1i2.194

Abstract

A political party is an institution that is necessary in the democratic world; if you have chosen a democratic system to regulate the life of the nation and state, one of the essential instruments in democracy is the institution of political parties. Political education is a significant activity in a nation based on democracy because democracy and the democratization process require absolute conditions for political public education; how the function of political education by the Indonesian Democratic Party of Struggle in Purworejo Regency is by Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties. This study aims to analyze the implementation of norms related to the function of political education by DPC PDI Perjuangan in Purworejo Regency. This research uses an empirical approach. This study uses a qualitative descriptive analysis method with a case approach. The data used in this study are primary data obtained directly by researchers in the field through respondents through observation, interviews, and questionnaire distribution, as well as secondary data, namely data obtained or obtained from information or knowledge obtained indirectly, including official documents, books, and research results in the form of reports. The data collection techniques used in this study are field studies and literature studies. The result of this study is that there are seven political education activities carried out by PDI Perjuangan Purworejo Regency, namely, political education through socialization, political education through social, political education through art and culture, political education through religion, political education through party wing organizations, political education through seminars, political education through party schools.
Legal Review of Termination of Unilateral Agreements in the View of Law and Human Rights in the Era of Industrial Revolution 4.0 Safitri Saraswati; Noor Saptanti; Jadmiko Anom Husodo
Proceeding of the International Conference on Law and Human Rights Vol. 1 No. 2 (2024): December : Proceeding of the International Conference on Law and Human Rights
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/iclehr.v1i2.18

Abstract

Human rights are inherent in every human being who has the same rights, including unilateral termination of an agreement, then these human rights are disturbed and not protected. The research method uses normative legal research, namely the doctrinal method, namely inventorying positive law, finding legal principles and doctrines, synchronizing existing laws and regulations and conducting research by reviewing and examining various existing literature. With the Legislative Approach, Historical Approach, Comparative Approach, and Conceptual Approach. The results of the study indicate that unilateral termination of an agreement has the potential to be categorized as an unlawful act if the unilateral termination of the agreement is carried out without a valid reason, violates the principles of propriety and law, and causes losses to other parties. In addition, unilateral termination of an agreement if carried out without a valid reason violates human rights related to the right to legal certainty and human freedom without discrimination.