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Muklis Al'anam
Universitas Airlangga
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Legal Consequences Of The Decision Of The Constitutional Court Number 313/PHPU.BUP-XXIII/2025 On The Disqualification Of Candidates For Regent And Deputy Regent In The Regional Head Election Of Northern Barito District Muklis Al'anam
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

Disqualification of regional head candidates is often a crucial issue in the dynamics of general elections. The decision of the Constitutional Court (MK) plays a central role in determining the validity of a nomination, including in cases of general election result disputes (PHPU). This article examines the legal implications of the Constitutional Court Decision Number 313/PHPU.BUP-XXIII/2025 regarding the disqualification of Regent and Deputy Regent candidates in the Regional Head Election (Pilkada) of North Barito Regency. This study uses a normative-legal method with a case study approach to the Constitutional Court's decision. The results of the analysis show that the Constitutional Court Decision Number 313/PHPU.BUP-XXIII/2025 has significant legal implications, both for the disqualified candidate pairs and for the implementation of subsequent Pilkada in North Barito Regency. This decision not only confirms the principles of justice and legal certainty in the election process, but also provides jurisprudential guidance for Bawaslu and KPU in following up on potential violations and nomination disputes.
New Paradigm of Restorative Justice Based on the Perspective of Customary Law in Law No. 1 Year 2023 on the Criminal Code Muhammad Fahlebvy; Muklis Al'anam; Dwi Rahman Suhada
Vonis Vol. 1 No. 1 (2025)
Publisher : CV. Akira Java Bulu

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Abstract

The paradigm shift in the modern criminal justice system shows an increasing interest in the restorative justice approach as an alternative to resolving criminal cases. This article aims to analys the relevance of restorative justice principles rooted in the customary law perspective in Indonesia as a basis for the implementation of law the new criminal code. Through library research, this study uses a normative method that examines legal norms on restorative justice in relation to customary law that can strengthen restorative justice. The implications of this study are expected to contribute to the development of criminal law policies that accomodate customary values as part of achieving substantial justice.
Co-Authors Dwi Rahman Suhada Muhammad Fahlebvy