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All Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam PAMALI: Pattimura Magister Law Review Constitutionale
Kusuma, Ariska Cesar Divian Candra
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Fake Diplomas, Real Consequences: Legal and Ethical Challenges in the Legal Profession Sistyawan, Dwanda Julisa; Neonbeni, Randy Vallentino; Rizal, Muhamad; Kusuma, Ariska Cesar Divian Candra; Husain, Husain
Constitutionale Vol 5 No 2 (2024)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v5i2.3608

Abstract

Integrity and trust are fundamental in the legal profession, yet diploma forgery threatens these values, leading to ethical violations and diminished public trust. This study examines the legal implications of diploma forgery in Case No. 20/Pid.B/2024/PN Tmg, where an individual used a fraudulent diploma to practice law. Using a normative legal approach, the study analyzes court decisions, legal doctrines, and statutory regulations, including Article 263 of the Indonesian Penal Code and Article 69 of Law No. 20 of 2003. Findings reveal weaknesses in verification systems, allowing unqualified individuals to enter the legal profession. To prevent such fraud, the study proposes blockchain-based diploma verification, offering tamper-proof credentialing and real-time authentication. Stricter regulations, enhanced verification, and ethical awareness campaigns are crucial to safeguarding legal integrity. Adopting blockchain verification can restore public trust, ensure professional accountability, and uphold the credibility of legal institutions.
Presidential Elections Without a Threshold in Indonesia: Strengthening Citizens’ Political Rights After the 2025 Constitutional Court Decision Ropii, Imam; Pramono, Agus; Kuntardjo, Carolina; Kusuma, Ariska Cesar Divian Candra
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.8749

Abstract

The presidential threshold in Indonesia, requiring political parties or coalitions to secure at least 20% of parliamentary seats or 25% of valid votes to nominate presidential candidates, has long sparked debate over the constitution. Critics contend that this requirement operates as a structural barrier that limits citizens' political rights and consolidates oligarchic dominance. This study examines the abolition of the presidential threshold following the Constitutional Court's Decision No. 62/PUU-XXII/2024, which annulled Article 222 of the 2017 Election Law. Employing a normative juridical and comparative approach, the research analyzes constitutional principles, judicial reasoning, and electoral practices in selected democracies, including France and the United States. The analysis demonstrates that removing the presidential threshold broadens political participation, enhances inclusivity, and fosters fairer democratic competition by reducing the dominance of major parties. Although the absence of a threshold may increase the number of candidates and the likelihood of run-off elections, such consequences can be mitigated through appropriate institutional design. Normatively, this study concludes that abolishing the presidential threshold is constitutionally justified and necessary to fully realize citizens' political rights and democratic sovereignty in Indonesia.
Simplification of Business Licensing in the Capital City of Nusantara Nurini, Dyah Tutut Ika; Vitasari, Elly Vivi; Hadiyantina, Shinta; Kusuma, Ariska Cesar Divian Candra
PAMALI: Pattimura Magister Law Review Vol 6, No 1 (2026): MARCH
Publisher : Postgraduate Program in Law, Pattimura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pamali.v6i1.3559

Abstract

Introduction: This article analyzes the regime of business licensing facilitation in the Capital City of Nusantara (IKN) as mandated by the vision of IKN under Law Number 21 of 2023 on the Amendment to Law Number 3 of 2022 on the State Capital. The development of IKN holds both urgency and strategic significance for the national economy, thus requiring special policies that provide business licensing facilitation for entrepreneurs and investors.Purposes of the Research: The purpose of this study is to examine the underlying rationale for granting business licensing facilitation in IKN and to identify its specific forms through the policy of business licensing simplification.Methods of the Research: The research employs a normative juridical method using both the statute approach and the conceptual approach.Results Main Findings of the Research: The findings indicate that the rationale for facilitating business licensing in IKN can be viewed from three main aspects: ensuring clear legal certainty for every investment activity, reducing administrative barriers, and providing non-fiscal incentives to investors. These facilitation measures are implemented by the government through the simplification of business licensing procedures, starting from the fulfillment of basic licensing requirements to the commencement of business operations. The simplification of business licensing in IKN reflects the government’s commitment to promoting ease of doing business and providing incentives for business actors, while simultaneously supporting the acceleration of investment and infrastructure development by minimizing administrative burdens and licensing costs at the early stages of project implementation.
Co-Authors Agus Pramono Husain Husain Kuntardjo, Carolina M. Rizal Nurini, Dyah Tutut Ika Randy Vallentino Neonbeni ropii, imam Shinta Hadiyantina Sistyawan, Dwanda Julisa Vitasari, Elly Vivi