Syahbana, Rio Akmal
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Constitutional Court’s Role in Regional Head Election Disputes: Substantive Justice and Voting Threshold Challenges Fathullah, Fathullah; Muhtar, Mohamad Hidayat; Yustiana, Yustiana; Saharuddin, Saharuddin; Syahbana, Rio Akmal
JURNAL LEGALITAS Vol 18, No 1 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i1.30680

Abstract

This study examines the Constitutional Court's authority in resolving regional head election disputes, focusing on its role in ensuring substantive justice and the implications of the vote threshold in Article 158 of the Regional Head Election Law on candidates' constitutional rights. The research employs a normative legal method, utilizing a statutory approach to analyze the Court’s jurisdiction, a case approach to assess key decisions, and a conceptual approach to evaluate the principles of substantive justice in electoral disputes. Primary legal sources include the 1945 Indonesian Constitution and Constitutional Court rulings, while secondary sources consist of scholarly literature, legal commentaries, and tertiary legal references. The findings reveal that the Constitutional Court has played a pivotal role in upholding democratic principles by setting aside formalistic constraints such as the vote threshold when structured, systematic, and massive violations significantly impact election outcomes. However, this approach raises concerns regarding the consistency of judicial rulings and legal certainty. Additionally, the study highlights that Article 158 often limits candidates’ access to legal remedies, restricting their ability to contest elections despite substantial evidence of electoral fraud. The study contributes to the academic discourse on electoral justice by demonstrating how legal formalism can undermine substantive justice in democratic processes. It recommends revising Article 158 to introduce an exception mechanism that balances procedural efficiency with fairness, thereby enhancing the legitimacy and integrity of regional head elections. This reform is essential to ensure a more equitable electoral dispute resolution system that safeguards both democratic accountability and legal certainty.
KNITTING THE LIMITS OF FREEDOM: ARTICLE 1337 OF THE CIVIL LAW BOOK AND DYNAMICS OF BUSINESS CONTRACTS Febrianty, Yenny; Putri, Viorizza Suciani; Riana, Ana; Syahbana, Rio Akmal; Fitriani, Rini; Yuliana, Tora
Paulus Law Journal Vol. 6 No. 1 (2024): September 2024
Publisher : Fakultas Hukum Universitas Kristen Indonesia Paulus

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Abstract

This study's primary objective is to examine how Article 1337 of the Civil Code governs the boundaries of freedom of contract in Indonesian corporate contracts. This article aims to safeguard the parties' freedom to enter into agreements by preventing abuse that harms other parties or violates legal and moral standards. This research combines a normative technique with a legislative approach, closely examining primary, secondary, and tertiary legal texts to comprehend the application of Article 1337 in business practice. According to the findings, Article 1337 is crucial since it establishes explicit boundaries on contract freedom; yet, the efficacy of this provision is greatly reliant on the thoroughness of law enforcement and judicial interpretation. We identified subjectivity in determining public decency and order, along with an informational and power imbalance between the parties, as the primary obstacles to putting this article into practice. Therefore, consistent enforcement of the legislation and clearer standards are necessary for the fair and efficient enforcement of Article 1337.