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All Journal Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Jurnal Pendidikan dan Sosial Humaniora
Ricci Otto F Sinabutar
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Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Kritis Putusan Mahkamah Konstitusi Nomor 90/PUU-XXI/2023 Terhadap Keberlangsungan Demokrasi dan Generasi Muda Indonesia Afriman Oktavianus; Ricci Otto F Sinabutar; Risma Rachmawati
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 4 No. 2 (2025): Juni: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i3.3946

Abstract

General elections are an important foothold in the contemporary democratic system. Elections are a tangible form of procedural democracy, although democracy is not the same as elections, but elections are one of the most important aspects of democracy that must also be held democratically. Material test of Article 169 letter q of Law Number 7 of 2017 concerning General Elections against Article 28D of the 1945 Constitution of the Republic of Indonesia to the Constitutional Court. Identification of the problem, namely how to consider the legal pros and cons of the Constitutional Court's decision Number 90/PUU-XXI/2023 and what are the implications of the Constitutional Court's decision on the development of Indonesian democracy. The purpose of the study is to answer the problem identification, namely to find out the legal considerations of the pros and cons of the Constitutional Court's decision Number 90/PUU-XXI/2023 and to find out the implications of the Constitutional Court's decision on the development of Indonesian democracy. The research method used is a normative juridical research method and the nature of this research is descriptive and qualitative. Article 28D paragraph (3) of the 1945 Constitution states that "Every citizen has the right to equal opportunities in government". This must be in line with the theory of distributive justice. The Constitutional Court's decision violates Sapta Karsa Hutama, the Principle of Propriety, the Principle of Non-Partiality, the Principle of Independence, the Principle of Integrity and Courtesy. However, the decision remains valid because the nature of the Constitutional Court's decision is final and binding. As a conclusion in this study, the Constitutional Court Decision is considered in accordance with the principle of distributive justice by adding experience in office as a condition so that it can produce leaders who are more prepared and competent in facing government challenges.
Implikasi Perubahan Undang-Undang TNI Terhadap Struktur Ketatanegaraan Indonesia “Sebuah Kajian Terhadap Pengaruh Dwi Fungsi ABRI” Afriman Oktavianus; Ricci Otto F Sinabutar; Achmad Bahrul Shafa
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 5 No. 2 (2025): Juni : Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v5i2.5896

Abstract

One of the demands of the 1998 Reformation spirit is the abolition of the Dual Function of ABRI. The presence of the TNI in the civilian realm that is humanist and deliberative for consensus raises various problems because they are educated with doctrines for war and national defense. The phenomenon of ABRI's Dual Function reappeared due to the Revision of Law Number 34 of 2004 concerning TNI. The revision also affects the position of the TNI in the Indonesian State System. This study is to find out how the position of the TNI in the Unitary State of the Republic of Indonesia and how the implications of changes in the TNI Law on the Indonesian constitutional order, as well as provide conclusions and suggestions based on the findings that have been researched. The method used is normative juridical research with descriptive and qualitative approaches through literature study. The results showed that the position of the TNI is in accordance with the mandate of the Constitution, namely as a tool to defend, protect, and maintain the integrity and sovereignty of the state. The occupation of the TNI in the civilian sphere is certainly not in accordance with the mandate of the constitution, especially the rigid TNI approach and one command is considered incompatible with the needs of a humanist society and consensus. In conclusion, the occupation of the TNI is not appropriate in the civilian sphere because they are educated with doctrines for war and national defense. As a result, the presence of the TNI in the civilian sector can cause various problems and incongruities.
Co-Authors Achmad Bahrul Shafa Afriman Oktavianus Risma Rachmawati