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All Journal Al-Mizan (e-Journal) Dedikasi: Jurnal Pengabdian Masyarakat AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Septiani, Dini Lionita
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Implications of Bawaslu's Interpretation of the Constitutional Court Decision on the Eligibility of Former Convicts as Regional Head Candidates in Local Elections Syarifudin, Ahmad; Septiani, Dini Lionita
As-Siyasi: Journal of Constitutional Law Vol. 3 No. 2 (2023): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v3i2.19432

Abstract

The Constitutional Court, in Decision No. 56/PUU-XVII/2019, reviewed Article 7 paragraph (2) letter g of the Local Election Law, setting a five-year cut-off period for prospective regional head candidates who have been sentenced to five years in prison or more. The General Elections Commission (KPU) subsequently implemented this in Regulation 9 of 2020. However, instead of adhering to the Constitutional Court’s (MK) decision and the regulation, the South Lampung General Election Supervisory Agency (Bawaslu) reinterpreted the provision stipulated in Decision No. 001/PS.REG/18.1803/IX/2020 approved a former convict previously declared Not Eligible (TMS) by the South Lampung KPU. This research examines the differing understandings of the eligibility of former convict candidates for regional head positions post the MK Decision No. 56/PUU-XVII/2019 by the South Lampung Bawaslu and its implications for the future conduct of Regional Head Elections. This normative legal study uses a case approach, focusing on MK Decision No. 56/PUU-XVII/2019 and Bawaslu Decision No. 001/PS.REG/18.1803/IX/2020. The findings reveal that the South Lampung Bawaslu misunderstood by reinterpreting the explicit provisions of Article 7 paragraph (2) letter g of the Local Election Law. This was exacerbated by using two conflicting methods of interpretation simultaneously. The implications of the South Lampung Bawaslu Decision could create legal uncertainty and the possibility of former corruption convicts slipping through as candidates, signifying a failure to ensure regional head candidates are honest, clean, and of high integrity.
Mengeliminasi Politik Uang pada Pemilih Muda melalui Pendekatan Hukum dan Agama Firmansyah, Firmansyah; Iderus, Muhammad Hasan Said; Syarifudin, Ahmad; Sudirman, Sudirman; Septiani, Dini Lionita; Furyani, Sri
DEDIKASI: Jurnal Pengabdian Masyarakat Vol 6 No 1 (2024): Dedikasi: Jurnal Pengabdian Masyarakat, Januari-Juni 2024
Publisher : Pusat Pengabdian Masyarakat LPPM IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/dedikasi.v6i1.8750

Abstract

Young voters in Lampung Province still tend to show a permissive attitude towards the practice of money politics, especially leading up to the 2024 General Election. One of the main factors is the lack of adequate understanding of money politics among young voters. Previously, it was identified that legal and religious approaches could be a solution to address this issue. In this community service activity, we applied previous research findings using the service learning method to reduce the practice of money politics among young voters in Lampung Province. This approach includes aspects of Indonesian positive law and Islamic law. We used a mono-disciplinary service learning type that involved several stages, such as planning, preparation, implementation, evaluation, reflection, and further development. After going through the stages of activities in the service, the results were quite satisfying. Based on a survey at the end of the activity, it was found that young voters had gained sufficient knowledge regarding money politics and had changed their attitude from permissive to rejecting all forms of money politics
Kontroversi Putusan Hukum Tentang Royalti Hak Cipta Lagu Sebagai Harta Bersama Septiani, Dini Lionita; Setiawan, Wahyu; Oktora, Nency Dela; Angkasa, Nawa; Fernando, Henky
Al-Mizan (e-Journal) Vol. 21 No. 1 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i1.5622

Abstract

The controversy over legal decisions regarding song copyright royalties as joint property in Indonesia can generally be termed joint ownership of individual rights. This paradigm assesses the status of joint property based on the time of acquisition, the spouse's contribution, or the character of the asset. Joint property in Indonesian marital law is all property acquired during the marriage period unless there is a property separation agreement agreed upon before marriage. Inherited assets, inheritance, or grants remain the personal property of each spouse unless otherwise agreed. This issue arises because royalties have both a personal nature and long-term economic potential. This article analyses the controversy using a qualitative approach with a case study method, exploring the forms of controversy, causal factors, and implications. Data were obtained from a qualitative case study conducted by reviewing decision No. 1622/Pdt.G/2023/PA.JB and interviewing 3 judges and 2 advocates. The main findings show that controversy arose in three aspects: royalty division, copyright status, and asset division. Contributing factors include the misalignment between the personal nature of copyright and the communal concept of property, legal uncertainty, and the difficulty of economic valuation of song copyrights. The implications of this controversy include shifting social norms, uncertainty for creators, and increased complexity in asset division. This research underscores the need for comprehensive legal reform to accommodate the complexity of copyright royalty issues in the context of common property, as well as the development of more accurate valuation methods. This study contributes to a deeper understanding of the interaction between intellectual property law and family law in Indonesia.
Co-Authors Fernando, Henky Firmansyah Firmansyah Furyani, Sri Muhammad Hasan Said Iderus, Muhammad Hasan Nawa Angkasa, Nawa oktora, nency dela Sudirman Sudirman Syarifudin, Ahmad Wahyu Setiawan