Warow, Gregorius Excelcis
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Tinjauan Konstitusional atas Kewenangan KPK dalam Perkara Korupsi Koneksitas Pasca Putusan MK. No. 87/PUU-XII/2023 Warow, Gregorius Excelcis
Mahkamah : Jurnal Riset Ilmu Hukum Vol. 2 No. 4 (2025): Oktober: Mahkamah : Jurnal Riset Ilmu Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/mahkamah.v2i4.1160

Abstract

This research aims to examine the authority of the Corruption Eradication Commission (KPK) in handling connectivity corruption cases after the Constitutional Court Decision Number 87/PUU-XXI/2023. This research is a normative legal research with a statute approach and a case approach, using primary and secondary legal materials collected through literature studies. The results of the study show that the Constitutional Court interpreted Article 42 of the KPK Law constitutionally conditionally, so that the KPK remains authorized to handle connectivity cases as long as the handling begins from the beginning by the KPK. This decision provides legal certainty as well as strengthening legitimacy for the KPK in handling cases involving legal subjects from the general and military courts at the same time. This study also shows that structural barriers, multi-interpreted legal substance, and sectoral legal culture are serious challenges in connectivity law enforcement practices. Therefore, it is necessary to harmonize regulations and strengthen the legal structure and culture between institutions in order to realize a more effective, fair, and non-discriminatory eradication of corruption.
Menafsirkan Makna Demokrasi Dalam Pemilihan Kepala Daerah: Kajian Kritis Terhadap Pemilihan Langsung dan Tidak Langsung Warow, Gregorius Excelcis
Jurnal Suara Keadilan Vol. 26 No. 2 (2025): Jurnal Suara Keadilan Vol. 26 Nomor 2 (2025)
Publisher : LPPM Universitas Muria Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24176/sk.v26i2.15883

Abstract

This paper discusses the quality of democracy in the context of regional head elections through the Regional People's Representative Council (DPRD) as an alternative to direct elections. Using normative legal research methods, this article examines the principles of democracy, the relationship between elections and people's sovereignty, and the constitutional basis in Article 18 of the 1945 Constitution of the Republic of Indonesia. The author questions whether the election mechanism by the DPRD can still be categorized as a democratic process. Through an analysis of regulatory dynamics, the phenomenon of money politics, and the Constitutional Court's ruling, this paper concludes that democracy is not only determined by the form of direct or indirect elections, but also by the application of the principles of honest, fair, free, and accountable elections. Therefore, it is important to reassess the forms of selection based on the effectiveness, efficiency, and integrity of the applicable system.Keywords: Demoracy Elections, DPRD, Regional Head Elections, Constitution