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Komitmen dan Realitas: Menjawab Defisit Perlindungan terhadap Anak Pengungsi Tanpa Pendamping di Indonesia Nono, Johanes De Brito Siga; Dollu, Daud Yaferson
Kajian Ilmiah Hukum dan Kenegaraan Vol. 3 No. 2 (2024): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i2.5020

Purpose: To examine the protection challenges faced by unaccompanied refugee children in Indonesia and evaluate the gaps in the country’s legal and policy framework, particularly in light of its obligations under the Convention on the Rights of the Child (CRC). Methodology: This study uses a normative and prescriptive legal analysis to assess Indonesia’s national laws and policies, including Presidential Regulation No. 125 of 2016, against international human rights standards. Result: The analysis reveals significant gaps in policy implementation, particularly regarding early identification, risk assessment, and access to basic services such as education, healthcare, and legal aid for unaccompanied refugee children. Conclusions: Substantive legal reform, institutional capacity building, and stronger collaboration with international organizations and civil society are essential to ensure effective and humane protection based on the best interests of the child. Limitations: The study is limited to a normative legal analysis and does not include empirical fieldwork or direct perspectives from refugee children or service providers. Contribution: This article contributes to the discourse on child protection in refugee contexts by offering concrete policy recommendations aligned with international legal standards and rooted in the principles of the CRC, filling a critical gap in the Indonesian legal framework.

Tujuan Pemidanaan dalam Penjatuhan Pidana Tambahan Pembayaran Uang Pengganti Tindak Pidana Korupsi Rachmadi, Moch Rizky; Dollu, Daud Yaferson
Kajian Ilmiah Hukum dan Kenegaraan Vol. 3 No. 2 (2024): Desember
Publisher : Penerbit Goodwood

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/kihan.v3i2.5021

Purpose: This study examines the rationale behind judges’ decisions to impose additional criminal penalties in the form of restitution payments in corruption cases, focusing on the extent to which such penalties align with the objectives of sentencing and restorative justice. Research methodology: This study employs a normative juridical approach supported by case, statute, and conceptual analyses. Data were collected from relevant court rulings and analyzed descriptively and qualitatively using legal interpretations. Results: The findings show that while judges tend to apply retributive justice by imposing prison sentences, the enforcement of restitution payments remains inconsistent. Some defendants return all or part of the state losses, while others do not comply. Conclusions: The imposition of restitution penalties formally supports the objective of recovering state loss. However, the actual implementation reveals gaps that hinder the full realization of restorative justice. Limitations: The study is limited by incomplete data accessibility and the geographical scope of the case studies, which may not comprehensively represent national practice. Contribution: This study highlights the need to reformulate corruption sentencing laws to prioritize restitution and offers a restorative justice model to balance punishment with asset recovery.

Recht finding of the Constitutional Court In the perspective of the rule of law and democracy (Study of the Decision of the Constitutional Court of the Republic of Indonesia, Number: 90/PUU-XXI/2023) Dollu, Daud Yaferson; Karbeka, Yosua Pepris
Dynamics of Politics and Democracy Vol. 4 No. 2 (2025): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i2.3346

Purpose: As a state of law, the demand to produce quality laws in Indonesia is very necessary and must not contradict the 1945 Constitution. All regulations formed must be subject to the Constitution. However, the formation of laws and regulations under it often contradicts the constitution and is challenged in the Constitutional Court. One example is a lawsuit against Law Number 7 of 2017 concerning General Elections, Article 169 letter q, which later issued decision Number 90/PUU-XXI/2023. This paper aims to describe the act of legal discovery through Constitutional Court rulings as a pillar of the state of law and democracy. Research methodology: This research uses normative legal research, which is doctrinal or theoretical legal research, applying statutory, case, historical, and conceptual approaches. Results: The findings concluded that the Constitutional Court was right in its decision to amend Article 169 letter q of Law Number 7 of 2017 concerning General Elections, in order to uphold the concept of the rule of law and democracy in Indonesia. Conclusion: The ruling of the Constitutional Court demonstrates its role as the guardian of the Constitution, ensuring that laws align with constitutional principles and reinforcing democratic values. Limitations: The limitation of this research lies only on the aspect of legal discovery authority by the Constitutional Court. Contribution: This study contributes to strengthening the authority of the Constitutional Court in the future in line with the development of the times.

Problem from MK powerful Number 90/PUU- XII/2023 related to article 169 letter Q Number 7 Year 2017 about general election (Election Law) Dollu, Daud Yaferson; Fatima, Rahman N.
Dynamics of Politics and Democracy Vol. 4 No. 2 (2025): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i2.3347

Purpose: This study aims to examine the constitutional role and dynamics of the Indonesian Constitutional Court (MK) in moderating election regulations, ensuring democratic inclusivity, and maintaining public trust. The research focuses on how the MK contributes to upholding constitutional justice, political equality, and fair representation in Indonesia’s electoral system. Research Methodology: The study applies a normative juridical approach supported by doctrinal legal research. Primary data are derived from constitutional provisions, statutory regulations, and Constitutional Court decisions, while secondary data come from academic journals, books, and previous research. A comparative analysis is also used to evaluate Indonesia’s MK alongside similar institutions in other Asian countries. Results: Findings indicate that the Constitutional Court of Indonesia plays a pivotal role in moderating electoral regulations, such as easing strict nomination thresholds and resolving election disputes. These interventions enhance inclusivity and responsiveness in the electoral process, ultimately strengthening public trust in democracy. The analysis also highlights that the MK’s involvement is more significant compared to similar courts in other Asian democracies. Conclusions: The Constitutional Court is central to safeguarding democratic values, ensuring fairness in electoral processes, and upholding constitutional justice. Its active role underscores the importance of constitutional oversight in maintaining legitimacy and stability within Indonesia’s democratic system. Limitations: The study is limited to legal and doctrinal perspectives without empirical fieldwork, which may restrict the analysis of societal perceptions of the MK’s role.. Contribution: This research contributes to constitutional law studies by providing insights into the MK’s function in electoral democracy and offering recommendations for strengthening constitutional justice in emerging democracies.

PENYULUHAN HUKUM PENINGKATAN KAPASITAS APARAT DESA DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014 TENTANG DESA Bire, Chatryen M Dju; Nubatonis, Orpa Juliana; Tallo, Daud Dima; Jacob, Yossie M Y; Ermalinda, Jenny; Dollu, Daud Yaferson
Jurnal Abdi Insani Vol 11 No 1 (2024): Jurnal Abdi Insani
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/abdiinsani.v11i1.1447

Villages are a part of the Indonesian government that has a strategic role and function to assist the country's development. Despite this, many villages still face many problems related to public services, village financial management, low community participation in development, and a lack of legal understanding of good village management and governance according to applicable regulations, one of which is O'A Mate Village. To enable villages to develop and provide much better services to the community, efforts are needed to improve the capacity of village officials. This capacity building training for village officials was conducted in O'A Mate Village, Northwest Alor Sub-District, Alor Regency, and aimed to improve the knowledge and skills of village officials in the management of village governance and development, especially related to Law No. 6/2014 on Villages and the value of having good behavior. This community service activity was carried out in O'A Mate Village, Northwest Alor District, Alor Regency. The method used in this socialization is by means of face-to-face / lecture, discussion or in-depth dialogue about the material that has been presented with the participants. During the socialization, participants were quite active in asking questions about the material presented by the resource person. This was shown by active discussions and questions and answers between participants and resource persons. According to some participants, this activity showed that they had gained knowledge and understanding of the importance of increasing the capacity of village officials in carrying out their duties and responsibilities as village officials in accordance with Law No. 6/2014 on Villages. The participants acknowledged that the material presented by the service to society team was new and had never been heard or known by the community about the value of BeRAKHLAK in performing services as village officials. Finally, the service to society team can conduct socialization to improve the insights, knowledge and skills of village officials on how to manage village governance and development in a better way.

Recht finding of the Constitutional Court In the perspective of the rule of law and democracy (Study of the Decision of the Constitutional Court of the Republic of Indonesia, Number: 90/PUU-XXI/2023) Dollu, Daud Yaferson; Karbeka, Yosua Pepris
Dynamics of Politics and Democracy Vol. 4 No. 2 (2025): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i2.3346

Purpose: As a state of law, the demand to produce quality laws in Indonesia is very necessary and must not contradict the 1945 Constitution. All regulations formed must be subject to the Constitution. However, the formation of laws and regulations under it often contradicts the constitution and is challenged in the Constitutional Court. One example is a lawsuit against Law Number 7 of 2017 concerning General Elections, Article 169 letter q, which later issued decision Number 90/PUU-XXI/2023. This paper aims to describe the act of legal discovery through Constitutional Court rulings as a pillar of the state of law and democracy. Research methodology: This research uses normative legal research, which is doctrinal or theoretical legal research, applying statutory, case, historical, and conceptual approaches. Results: The findings concluded that the Constitutional Court was right in its decision to amend Article 169 letter q of Law Number 7 of 2017 concerning General Elections, in order to uphold the concept of the rule of law and democracy in Indonesia. Conclusion: The ruling of the Constitutional Court demonstrates its role as the guardian of the Constitution, ensuring that laws align with constitutional principles and reinforcing democratic values. Limitations: The limitation of this research lies only on the aspect of legal discovery authority by the Constitutional Court. Contribution: This study contributes to strengthening the authority of the Constitutional Court in the future in line with the development of the times.

Problem from MK powerful Number 90/PUU- XII/2023 related to article 169 letter Q Number 7 Year 2017 about general election (Election Law) Dollu, Daud Yaferson; Fatima, Rahman N.
Dynamics of Politics and Democracy Vol. 4 No. 2 (2025): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i2.3347

Purpose: This study aims to examine the constitutional role and dynamics of the Indonesian Constitutional Court (MK) in moderating election regulations, ensuring democratic inclusivity, and maintaining public trust. The research focuses on how the MK contributes to upholding constitutional justice, political equality, and fair representation in Indonesia’s electoral system. Research Methodology: The study applies a normative juridical approach supported by doctrinal legal research. Primary data are derived from constitutional provisions, statutory regulations, and Constitutional Court decisions, while secondary data come from academic journals, books, and previous research. A comparative analysis is also used to evaluate Indonesia’s MK alongside similar institutions in other Asian countries. Results: Findings indicate that the Constitutional Court of Indonesia plays a pivotal role in moderating electoral regulations, such as easing strict nomination thresholds and resolving election disputes. These interventions enhance inclusivity and responsiveness in the electoral process, ultimately strengthening public trust in democracy. The analysis also highlights that the MK’s involvement is more significant compared to similar courts in other Asian democracies. Conclusions: The Constitutional Court is central to safeguarding democratic values, ensuring fairness in electoral processes, and upholding constitutional justice. Its active role underscores the importance of constitutional oversight in maintaining legitimacy and stability within Indonesia’s democratic system. Limitations: The study is limited to legal and doctrinal perspectives without empirical fieldwork, which may restrict the analysis of societal perceptions of the MK’s role.. Contribution: This research contributes to constitutional law studies by providing insights into the MK’s function in electoral democracy and offering recommendations for strengthening constitutional justice in emerging democracies.

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