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All Journal Muhammadiyah Law Review Adagium: Jurnal Ilmiah Hukum
Laode, Nadila Magfira
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Pentingnya Pembentukan Aturan Pemindahan Narapidana Asing Antar Negara Sebagai Upaya Perlindungan Terhadap HAM Laode, Nadila Magfira
Muhammadiyah Law Review Journal Vol 9, No 1 (2025): Muhammadiyah Law Review
Publisher : Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24127/mlr.v9i1.4001

Abstract

The transfer of prisoners between countries is an increasingly common form of international cooperation. This step is considered effective in protecting human rights, as it allows prisoners to undergo a rehabilitation process in their home country. Every Indonesian citizen and foreign citizen residing in the territory of Indonesia is given recognition of rights as a legal subject along with legal protection from the State. Human rights law emphasizes that there are 3 (three) duties of the state, namely the obligation to respect, the obligation to protect, and the obligation to fullfil the rights of citizens. In the realm of constitutional law, the state's legal obligations are regulated in Article 28 I paragraph (4) of the 1945 Constitution of the Republic of Indonesia, as well as Article 8 and Article 71 of Law Number 39 of 1999 concerning Human Rights, which further contains the state's duty to promote and protect. The Indonesian government has received many requests to transfer prisoners abroad. However, until now Indonesia has not carried out such transfers due to the absence of regulations or legal frameworks governing the procedures for transferring prisoners in the national legal system. This research uses a normative method by examining laws and regulations related to the subject of research to understand the existing problems.
Analisis Putusan Bawaslu Provinsi Gorontalo Dalam Penyelesaian Penanganan Pelanggaran Administrasi Pindah Memilih Laode, Nadila Magfira; I. Rahim, Erman; Ahmad, Ahmad
Adagium: Jurnal Ilmiah Hukum Vol 3 No 2 (2025): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/adagium.v3i2.109

Abstract

This study aims to analyze how the Gorontalo Provincial Election Supervisory Body (Bawaslu) issued a decision regarding the settlement of administrative violations regarding voters moving in the election. This study utilizes a normative approach in a qualitative way and analyzes Bawaslu's decisions and relevant laws and regulations. Data collection techniques were carried out through reviewing Bawaslu's decision files and question and answer sessions with interested parties at the election stage. The findings reveal that although Bawaslu's decisions generally incorporate adequate legal reasoning, there remain inconsistencies in the application of norms and procedural standards. Notably, some rulings lack clarity in defining the specific administrative violations, leading to potential legal uncertainty for voters and electoral participants. The study underscores the importance of establishing more consistent and transparent standards in administrative violation adjudication to enhance legal certainty, especially in cases involving voter relocation. The research provides both academic insights and practical recommendations for improving the quality of Bawaslu’s decisions in future elections.
Co-Authors Ahmad Ahmad I. Rahim, Erman