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All Journal Supremasi Hukum: Jurnal Penelitian Hukum Bengkoelen Justice : Jurnal Ilmu Hukum Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Aditya Andela Pratama
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Urgensi Pengaturan Presidential Ethics Sebagai Penguatan Sistem Presidensial Dalam Undang-Undang Lembaga Kepresidenan Aditya Andela Pratama; Kholifatul Muna
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 5 SEPTEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Ethics play an important role in the process of statehood, ethics are also a barrier as well as a constitutional step in strengthening the presidential system. The absence of specific regulations on presidential ethics in Indonesia's positive legal framework will have an impact on the absence of ethical standards in state practice and legal vacuums that have the potential to create ambiguity in the president's standards of behavior in carrying out his functions and authority, both in the formal scope of the state and in broader political interactions. This research aims to examine in depth the importance of presidential ethics regulation and its relationship in strengthening the presidential system of government. The method used is normative juridical with Statute Approach, Conceptual Approach and Philosophical Approach. The results of this study show that the regulation of presidential ethics is very necessary, considering the increasingly complex ethical challenges faced by state leaders in modern political dynamics. The design of the presidential ethics regulation in the Law on Presidential Institutions needs to include three main aspects: ethics in the administration of government, personal ethics of the President, and ethics in public communication. This arrangement is important to ensure that the President exercises power ethically, transparently, and accountably. With clear regulations, it is hoped that it can strengthen the presidential system of government and prevent abuse of power.
THE ROLE OF THE PRESIDENT IN THE IMPLEMENTATION OF PTUN DECISIONS IN THE PRESIDENTIAL SYSTEM Aditya Andela Pratama; Muna, Kholifatul
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 2 (2025): November 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i2.45384

Abstract

The principle of the state of law requires that every court decision, including the State Administrative Court, be obeyed and implemented by state administrative officials. In the presidential system, the President has the authority to ensure compliance with court decisions as a form of supremacy and legal certainty. However, in practice, there are still many PTUN decisions that have not been implemented, showing the weak effectiveness of law enforcement. The phenomenon of Contempt of Court, such as disobedience to court decisions, is one of the main challenges in the implementation of the law. The purpose of this study is to examine the role of the President in ensuring the implementation of the PTUN decision in the presidential government system. This research uses a normative juridical method with regulations that regulate the authority of the President in the implementation of the State Administrative Court. Based on Article 116 of the PTUN Law, the President and the House of Representatives have a role in ensuring the compliance of state administrative officials with the PTUN decisions. Therefore, optimizing the role of the President is crucial in upholding the rule of law and ensuring legal certainty in the presidential system of government.
Evaluasi Demokrasi Kepemiluan Tahun 2024 Dalam Perspektif Hukum Administrasi Negara: Proses Pencalonan Wakil Presdien Aditya Andela Pratama; Muna, Kholifatul
Supremasi Hukum: Jurnal Penelitian Hukum Vol 35 No 1 (2026)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.35.1.74-100

Abstract

State administrative law has a strategic role in realizing constitutional goals through regulating administrative procedures and actions. The 2024 elections in Indonesia reflected the application of state administrative law, but were marked by administrative polemics, particularly in the nomination of Gibran Rakabuming Raka as a vice presidential candidate. The main problem arises from the inconsistency between Constitutional Court Decision Number 90/PUU-XXI/2023 and PKPU Number 19 of 2023, which causes legal conflicts in the administrative process of registering and determining candidates. This research aims to analyze administrative violations and evaluate the validity of the determination of Gibran's candidacy based on state administrative law. The results of the study are expected to provide legal recommendations to strengthen a transparent and accountable election administration system. The results of this study show that in material terms, the General Election Commission did not make careful preparations in the registration stage, and in formal terms, there was a delay in the issuance of the Minutes of Acceptance of Registration (BAPP). Both of these are contrary to the principles of State Administrative Law. The validity of the KPU's decision also raises juridical issues due to legal defects in the inclusion of the basis for consideration of changes to the KPU Regulation (PKPU). This finding indicates a weakness in the governance of registration administration that has the potential to invalidate KPU's decision through the State Administrative Court (PTUN). This research confirms the importance of the KPU to increase the accuracy in the preparation of each stage of the election in order to maintain the credibility and legitimacy of democracy in Indonesia.
Co-Authors Kholifatul Muna Muna, Kholifatul