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All Journal Jurnal Kajian Hukum Dan Kebijakan Publik Verdict: Journal of Law Science
Pratama, Febrio Dosi
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Kedudukan Lembaga Pengawas dan Penguatan Sistem Merit Pasca Putusan MK 121/PUU-XXII/2024 Alya, Dian; Suhendra, Azifah Syaqila Ravadina; Pratama, Febrio Dosi; Iskandar, Iskandar; Madinar, Madinar
Verdict: Journal of Law Science Vol. 5 No. 1 (2026): Verdict: Journal of Law Science
Publisher : CV WAHANA PUBLIKASI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59011/vjlaws.5.1.2026.55-65

Abstract

The abolition of the State Civil Service Commission through Law No. 20 of 2023 on the State Civil Service has raised serious concerns regarding the weakening of merit system oversight and the increased risk of bureaucratic politicization. The Constitutional Court addressed this issue through Decision No. 121/PUU-XXII/2024, which declared the abolition of KASN conditionally unconstitutional and mandated the reestablishment of an independent oversight body. This study aims to analyze the urgency of establishing an independent civil service oversight body and to formulate an ideal institutional design following the Court’s ruling to ensure the continued implementation of the merit system within the government bureaucracy. The study employs a normative legal. The legal materials utilized include legislation, Constitutional Court decisions, and relevant academic literature. The findings indicate that the absence of an independent external oversight body has the potential to increase violations of civil service neutrality, the buying and selling of public office, and political interference in the appointment of public positions, particularly at the local level. This study identifies two institutional design models: the Parliamentary Oversight Satellite, which situates the oversight body within the parliamentary framework, and the Independent Administrative Commission, structured as a public legal entity with institutional autonomy, financial independence, and executive authority. In conclusion, future civil service oversight bodies must not merely function in an advisory capacity but must also possess effective enforcement authority and maintain an institutional position separate from the executive branch to ensure the realization of a professional, neutral, and integrity-driven bureaucracy.
Penyalahgunaan Kekebalan Diplomatik Dalam Perspektif Konvensi Wina 1961: Analisis Yuridis Terhadap Pertanggungjawaban Diplomatik Atas Tindak Pidana Di Negara Penerima Hati, Diana Permata; Zhafirah, Thalita Olga; Windia, Yolanda Fitri; Pratama, Febrio Dosi
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 2 (2026): Januari-Juni
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/v7h7pd95

Abstract

Diplomatic immunity is a fundamental principle of international law as regulated in the Vienna Convention on Diplomatic Relations 1961. This principle is intended to ensure the smooth functioning of diplomatic missions of a sending state within the receiving state without interference. However, in practice, there have been numerous cases indicating that such immunity is misused by diplomatic officials to commit unlawful acts, including criminal offenses, without being subject to legal proceedings in the receiving state. This study focuses on two main issues: first, how diplomatic immunity is regulated under the Vienna Convention of 1961; and second, what legal consequences and forms of accountability can be imposed in cases of abuse of such immunity. The research employs a normative juridical method using statutory, conceptual, and comparative approaches to obtain a comprehensive analysis. The findings reveal that the Vienna Convention of 1961 grants extensive immunity to diplomatic agents, particularly in criminal matters, making it largely absolute in nature. Nevertheless, there remains a moral and legal obligation for diplomats to exercise such immunity responsibly. On the other hand, the receiving state has only limited mechanisms available, such as the declaration of persona non grata, which in practice is often insufficient to deliver justice, especially for victims of criminal acts. Therefore, this study recommends the need for reform in international law through the establishment of an additional protocol to the Vienna Convention, which would include exceptions to immunity in cases of serious crimes and provide a more effective and binding international dispute resolution mechanism.
Co-Authors Alya, Dian Hati, Diana Permata Iskandar Iskandar Madinar, Madinar Suhendra, Azifah Syaqila Ravadina Windia, Yolanda Fitri Zhafirah, Thalita Olga