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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Baileo: Jurnal Sosial Humaniora
Enggarani, Nuria Siwi
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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State, Constitution, and Identity of Power: A Socio-Political Analysis of the Debate on the Minimum Age Requirement for Presidential and Vice Presidential Candidates Samudro, Muhammad Jalu; Enggarani, Nuria Siwi
Baileo: Jurnal Sosial Humaniora Vol 3 No 1 (2025): September 2025
Publisher : Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/baileofisipvol3iss1pp67-82

Abstract

Indonesia, as a democratic and constitutional state, places the law and the 1945 Constitution (UUD 1945) as the primary foundation of state governance. A key expression of this principle is the Constitutional Court’s authority to review legislation against the Constitution, as stipulated in Article 24C paragraphs (1) and (2). This article critically analyzes Constitutional Court Decision No. 90/PUU-XXI/2023 concerning the minimum age requirement for presidential and vice-presidential candidates from socio-political and constitutional law perspectives. Using a socio-legal research approach, it examines legal documents within the broader context of power, political identity, and constitutional dynamics. The analysis reveals that the Court’s revision of Article 169 letter q of Law No. 7/2017 on Elections—by introducing an alternative requirement for candidates under 40 who have held or currently hold elected office—reflects an expansion of judicial interpretation beyond constitutionally defined authority. Substantively, the ruling raises legitimacy concerns and opens pathways for political interests to influence legal processes. The novelty of this study lies in its interdisciplinary approach that combines legal analysis and power discourse to explain the shifting boundaries of constitutional authority in Indonesia. It recommends clearer limitations on judicial power and stronger political and ethical oversight mechanisms for the Constitutional Court to safeguard democratic integrity.
Police Discretion in Criminal Cases of Abuse by Minors with the Application of Diversion Restorative Justice Bahari, Virza Imeldha; Enggarani, Nuria Siwi
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.3693

Abstract

The objective of this investigation is to analyze the utilization of prudence in the manifestation of restorative justice in solving cases of persecution and to analyze from the perspective of legal sociology the practice of implementing restorative justice in handling cases of abuse. This thesis uses a legal sociology approach with data collection techniques by observation, interviews, and documentation. Factors that led to the crime of persecution: ego factors, economic factors and environmental factors. In cases of abuse, if there are 2 pieces of evidence, namely the statements of 2 witnesses and a post-mortem examination, then the most likely thing is to reduce the evidence, namely witness testimony, so that the witness who has been questioned must withdraw the statement and carry out a special case title to stop the case to determine SP3. The role of Bhabinkamtibmas in restorative justice is as a mediator or facilitator. Bhabinkamtibmas acts as a mediator in solving problems to reduce larger conflicts. Before holding the meeting, Bhabinkamtibmas first accommodated the aspirations of perpetrators and victims who did not want their cases to be processed legally. Bhabinkamtibmas then, together with community leaders, studied the habits of the perpetrators and saw whether this incident could still be repaired. If it can still be repaired, the parties are brought together and followed by deliberations to reach a consensus. Related to the causes of mistreatment of husbands against wives starting from the issue of biological needs, infidelity and economic problems. The positive effects of carrying out mediation for mild abuse by a husband against his wife are Improved husband's behaviour; The creation of household harmony; Re-communication of both sides; Providing a sense of justice to both parties; and settlement of legal issues more quickly and cheaply.
Co-Authors Bahari, Virza Imeldha Samudro, Muhammad Jalu