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All Journal Hutanasyah : Jurnal Hukum Tata Negara Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Tarmudi
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Law, Crime, Criminology & Criminal Justice

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Digital System Innovation to Strengthen the Constitutional Court in Managing Simultaneous Election Disputes Indonesia Tarmudi; Saragih, Geofani Milthree; Fauzan Ghafur; Indana Zulfah; Zean Via Aulia Hakim
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June (2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.13748

Abstract

This study examines the overburdening of the Constitutional Court (MK) due to the high volume of regional head election (pilkada) disputes, which has led to case backlogs, reduced legal efficiency, and increased state expenditures. Although institutions like Bawaslu and PTUN also have authority to resolve these disputes, many cases are submitted directly to MK, bypassing other mechanisms. Using a normative juridical method that includes legal analysis, historical context, comparative law, and case studies, the research evaluates previous dispute resolution practices and proposes a digitalization-based reform. Key challenges identified include procedural inefficiencies, high costs, and a lack of institutional coordination. The current system is viewed as suboptimal, with many disputes producing outcomes that fail to satisfy parties involved. To address these issues, the study proposes a digital platform aimed at streamlining the resolution process through integrated case registration, document submission, and inter-agency coordination. This system would reduce MK’s caseload, cut operational costs, and enhance transparency and accountability via real-time monitoring. By reinforcing the roles of Bawaslu and PTUN, the platform could help redistribute dispute resolution authority more effectively. The study concludes that digital transformation offers a viable solution to improve the efficiency, fairness, and cost-effectiveness of pilkada dispute resolution in Indonesia.
Politik Hukum dalam Pengelolaan Sumber Daya Alam: Antara Kepentingan Negara dan Hak Masyarakat Adat Sugianto; Tarmudi; Ahmad Royhan Bustomi; Derrel Azhar Sugianto; Fardan Zidane Juniawan
Hutanasyah : Jurnal Hukum Tata Negara Vol. 4 No. 1 (2025): Agustus
Publisher : STAI Bumi Silampari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37092/hutanasyah.v4i1.1191

Abstract

Natural resource management in Indonesia is a complex phenomenon characterized by the state's efforts to drive economic growth while simultaneously protecting the rights of indigenous legal communities that have long preserved environmental balance. The constitutional basis provided by Articles 33 and 18B of the 1945 Constitution affirms the state's authority to optimize natural wealth for the prosperity of the people, while accommodating local autonomy and recognizing customary rights. This analysis was conducted using a normative legal approach combined with qualitative and anthropological perspectives to examine legal documents ranging from Law No. 5 of 1960, Law of the Republic of Indonesia No. 23 of 1997, and Law No. 32 of 2009, to the recent updates through Law No. 32 of 2024, Law No. 17 of 2019, Law No. 3 of 2020, and Law of the Republic of Indonesia No. 1 of 2014, in addition to reviewing the Draft Law on Indigenous Legal Communities (RUU MHA). The evaluation results reveal a fundamental difference between the national regulatory framework and the implementation of customary legal norms, which leads to inconsistent natural resource management practices and uneven distribution of benefits. These findings underscore the importance of reformulating regulations through the active involvement of various stakeholders and the thorough integration of indigenous legal communities' roles at every stage of policy formulation to create a more inclusive, equitable, and sustainable natural resource governance.
Co-Authors Ahmad Royhan Bustomi Derrel Azhar Sugianto Fardan Zidane Juniawan Fauzan Ghafur Indana Zulfah Saragih, Geofani Milthree Sugianto Zean Via Aulia Hakim