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All Journal Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Amsir Law Jurnal (ALJ)
S, Irzha Friskanov
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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The Effectiveness of Bawaslu's Authority in Resolving Disputes in the 2024 Election Process in Central Sulawesi Province Abdullah, Abdullah; S, Irzha Friskanov
Amsir Law Journal Vol 7 No 1 (2025): Oktober
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v7i1.658

Abstract

This study aims to analyze the authority of the Election Supervisory Agency (Bawaslu) in resolving disputes over the election process in Central Sulawesi Province using normative legal research methods. Disputes over the electoral process represent a critical dimension of democratic practice, yet previous studies have not sufficiently explored how the supervisory authority of Bawaslu functions in ensuring fairness and legal certainty in regional elections. This research examines the legal norms underpinning Bawaslu's authority, particularly as regulated in Law Number 7 of 2017 concerning General Elections and its implementing regulations, and evaluates the effectiveness of their application based on adjudicated dispute cases in the 2024 elections in Central Sulawesi. The findings indicate that although the Central Sulawesi Bawaslu has adjudicated several dispute cases and election violations, the implementation of its authority continues to face challenges related to institutional capacity, legal interpretation, and inter-agency coordination. The study underscores the significance of strengthening the legal framework and institutional resilience of Bawaslu to enhance its supervisory role in achieving fair and democratic elections in the future.
Democratizing Local Legislation Through Public Participation: A Critical Analysis of Regulations in Central Sulawesi Safrin, Mohamad; Alief, Andi Reza; S, Irzha Friskanov
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 8 No. 1 (2026)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v8i1.9320

Abstract

This study critically examines the legal dimensions, mechanisms, and barriers to public participation in the formulation of local regulations (perda) in Central Sulawesi. Employing a socio-legal approach that integrates normative analysis with empirical inquiry, the research evaluates compliance with the 1945 Constitution, Law No. 12/2011 (amended by Law No. 15/2019), Law No. 23/2014, and Ministry of Home Affairs Regulation No. 80/2015. Empirical data were gathered through in-depth interviews with 45 informants, observations at 12 public consultation forums, and document analysis of three strategic local regulations across four regions during 2021–2023. The findings reveal a significant implementation gap: public participation has been reduced to procedural formality, fundamentally contradicting the principle of openness. Three critical legal deficits were identified: (1) the absence of legal sanctions for procedural participation violations; (2) insufficient clarity in mechanisms for substantively accommodating public input; and (3) the lack of a public right of action against regulations enacted without adequate participation. The study concludes that multidimensional legal reform, coupled with a community-based deliberative participation model, is essential to fostering authentic and equitable democratization within the local legislative process.
Co-Authors Abdullah Abdullah Alief, Andi Reza Mohamad Safrin