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All Journal Legalitas: Jurnal Hukum POLITICA: Jurnal Hukum Tata Negara dan Politik Islam Adagium: Jurnal Ilmiah Hukum
Salman
Universitas Merangin
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Perlindungan Hukum Hak Pilih Penyandang Disabilitas Mental dalam Pemilihan Umum di Indonesia Kartika Sari, Fitri; Kusaimah, Kusaimah; Salman, Salman
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 2 (2023): POLITICA: Jurnal Hukum Tata Negara dan politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i2.7516

Abstract

People with mental disorders being involved in the 2024 election is an interesting topic of discussion. In this context, there are many pros and cons. The question arises as to whether those with mental disorders have the right to vote. This is interesting to research and review. This article aims to analyze the right to vote for people with mental disabilities in the 2024 elections. Apart from that, this research also analyzes the Constitutional Court decision Number 135/PUU-XIII/2015. This research departs from a normative study with a statute approach. This approach is used to view and analyze legal aspects related to the problems in this research. This article argues that the legal regulation of the right to vote in elections for disabled people with mental disorders is regulated in Article 4 paragraph (2) letter b and Article 4 paragraph (3) General Election Commission Regulation (PKPU) Number 11 of 2018 concerning the Compilation of the Domestic Voter List. The General Election Organizers were then revised with PKPU 37 of 2018, which deleted the provisions of Article 4 paragraph (2) letter b and Article 4 paragraph 3 in order to comply with the decision of the Constitutional Court. People with persistent mental or memory disorders do not have the right to vote in elections.
Perlindungan Hukum Hak Pilih Penyandang Disabilitas Mental dalam Pemilihan Umum di Indonesia Kartika Sari, Fitri; Kusaimah, Kusaimah; Salman, Salman
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 10 No 2 (2023): POLITICA: Jurnal Hukum Tata Negara dan politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v10i2.7516

Abstract

People with mental disorders being involved in the 2024 election is an interesting topic of discussion. In this context, there are many pros and cons. The question arises as to whether those with mental disorders have the right to vote. This is interesting to research and review. This article aims to analyze the right to vote for people with mental disabilities in the 2024 elections. Apart from that, this research also analyzes the Constitutional Court decision Number 135/PUU-XIII/2015. This research departs from a normative study with a statute approach. This approach is used to view and analyze legal aspects related to the problems in this research. This article argues that the legal regulation of the right to vote in elections for disabled people with mental disorders is regulated in Article 4 paragraph (2) letter b and Article 4 paragraph (3) General Election Commission Regulation (PKPU) Number 11 of 2018 concerning the Compilation of the Domestic Voter List. The General Election Organizers were then revised with PKPU 37 of 2018, which deleted the provisions of Article 4 paragraph (2) letter b and Article 4 paragraph 3 in order to comply with the decision of the Constitutional Court. People with persistent mental or memory disorders do not have the right to vote in elections.
Sanksi Hukum Adat terhadap Kejahatan Pembunuhan di Desa Rantau Limau Manis Perspektif Hukum Islam Salman, Salman; Bintang, Amar
Legalitas: Jurnal Hukum Vol 16, No 2 (2024): Desember
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/legalitas.v16i2.718

Abstract

The aplication of customary criminal law in Rantau Limau Manis Village has been in effect since the village`s estbilishment, with its customary law based on Islamic syariah, as evidenced by the customary saying: “adat basendi syara`, syara` basendi Kitabullah.” Murder is categoryzed as a serious crime under the village`s customary law, which is reflected in the imposition on the heaviest sanctions on the perpetrator, namely the punishment of “bangun” involving the payment of a buffalo along with rice, coconuts, wgite cloth, and spices for cooking. The specipics of these materials correspond to the severity of the murder comitted. Similiarly, in Islamic criminal law, murder is also classified as a serious offense, punishable by qisas (retaliation) and diat (blood money). For intentional murder, the perpetrator faces qisas if there is no forgiveness from the victim`s family. In cases of unintentional murder and intentional murder, the perpetrator is subject to the diat penalty.
Politik Uang Pada Pilkada Merangin Tahun 2024 Salman, Salman; Suparta, Endang; Cantika, Fuji
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.v3i2.232

Abstract

Money politics is the biggest bugbear in every political recruitment, including in regional head elections (pilkada). Through the pilkada, it is expected that qualified regional leaders will be elected according to the will of the people, but in its implementation, one of the "democratic parties" is the display of fraudulent behavior, dishonesty, lies in the campaign and even fooling the public by giving money or goods before voting so that voters choose certain candidates known as money politics. The phenomenon of money politics in the implementation of the Regional Head Election (Pilkada) in Merangin Regency, which refers to the use of money or materials to influence voters' choices, has become a significant problem in the democratic process in Indonesia, including in the Merangin Pilkada. The results of the study show that money politics occurs in various forms, such as giving cash, goods, and political promises to voters and party cadres. Social, economic, and educational factors are the main triggers for the development of this practice. In addition, the practice of money politics threatens the integrity of the Pilkada by reducing the level of political participation of the community and reducing the accountability of regional head candidates. This article suggests the need to strengthen political supervision and education to minimize the negative impacts of money politics in elections and regional elections in Indonesia.
Perlindungan Hukum bagi Pelamar CPNS Terkait Batas Usia dalam Hukum Kepegawaian Harmaini, Harmaini; Arqon, Mohammad; Salman, Salman; Siregar, Ade Uli Kurniati; Amirullah, M Aria
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.v3i2.235

Abstract

This research aims to analyze the legal protection for applicants of the Civil Servant Candidates (CPNS) regarding the age limit policy in Indonesia, examining the dualism between its legal basis and the potential for discrimination from a Human Rights (HAM) perspective. This study employs a normative juridical research method with a statutory and conceptual approach. Data were qualitatively analyzed from primary legal materials, such as Law No. 5 of 2014 and Government Regulation No. 11 of 2017, as well as secondary legal materials. The findings indicate that while the age limit policy is strongly grounded in law and administrative rationality for efficiency and productivity, it inherently risks creating age-based discrimination. This rigid policy conflicts with the non-discrimination principle in human rights as it may exclude competent candidates based on age stereotypes. The impact of this research is a recommendation for the government to re-evaluate the existing policy towards a more flexible, substantive, and competency-focused recruitment system to ensure justice and equal opportunities for all citizens.
Co-Authors Amirullah, M Aria Bintang, Amar Cantika, Fuji Fitri Kartika Sari Harmaini Harmaini Mohammad Arqon Siregar, Ade Uli Kurniati Suparta, Endang