Law Research Review Quarterly
The Law Research Review Quarterly is intended to be a national and international journal that provides a forum and forum for academics, legal practitioners, legal observers, students, researchers and the general public who have an interest in the field of legal science. This journal covers all fields of law, including: Criminal Law, Civil Law, State Administrative Law, International Law, Business Law, Human Rights Law, Tax Law, Land Law, Agrarian Law, Sea Law, Diplomatic Law, Law and Society, Philosophy of Law, Comparative Law, Procedural Law, Sociology of Law, Criminology, Victimology, Law and Gender, Islamic Law, and various other relevant fields of law studies. This journal is published every three months (four times a year) both online and in print.
Articles
531 Documents
<![CDATA[Potential Corruption in the Democratic Party of Village Head Election ]]>
<![CDATA[ Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/snh.v4i02.26248
<![CDATA[The Election of Village Heads (Pilkades) as a form of implementation of democracy in Indonesia at a smaller level, within the village, often causes many problems. One of the problems that arises with regard to money politics in organizing Pilkades. In fact, the principles of holding general elections, in this case the Pilkades, must also be in accordance with the applicable laws and regulations. The absence of control and law enforcement that are clearly related to fraud in the implementation of the Pilkades makes democracy not as expected. This paper examines the various potential acts of corruption that occur in the election of village heads.]]>
<![CDATA[Election Crime in Indonesia: The Challenges and Problems of All of Us ]]>
<![CDATA[ Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/snh.v4i02.26285
<![CDATA[Election Crime in the Perspective of the Indonesian Democratic State ]]>
<![CDATA[ Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/snh.v4i02.26293
<![CDATA[The Election Law, which consists of six books, can be said to be the most comprehensive law on election arrangements to date. This comprehensive regulation is inseparable from the various polemics in the Election Law. One of the polemics in the Election Law is the election crime. Election crime arrangements in the Election Law have the potential to reduce democracy in Indonesia. The State of Indonesia is a democratic country and it has been stated indirectly in the 1945 Constitution. This means that the provisions of criminal acts contained in the Election Law must not conflict with a democratic state. The formulation of the problem in this article is how election crimes are in the perspective of Indonesia's democratic state and how the potential for election crimes threatens the democratic perspective of Indonesia's democratic state. The object of this research is the provision of criminal acts in the Election Law and the concept of the democratic state of Indonesia according to the 1945 Constitution. This research method is to use a qualitative research approach and type of normative juridical research. The results of this study are election criminal offenses in the perspective of the Indonesian democratic state and appropriate arrangements related to election criminal acts from the perspective of the democratic state of Indonesia. The conclusion of this research is that the criminal act of election can be enforced in Indonesia as long as it does not conflict with democracy in the State of Indonesia.]]>
<![CDATA[Social Sanctions and Deterrent Effects for Money Politics Criminals in Elections ]]>
<![CDATA[ Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/snh.v4i02.26294
<![CDATA[Election is a means of implementing popular sovereignty carried out in a direct, general, free, confidential, honest and fair manner by guaranteeing and legitimating the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Candidates who will be able to prosper and make people happy, But we know that this people's hope is not damned by the election process which is often not criminal the calen pair and the sukic team One of the acts is violated by the criminal action of the candidate pairs and the team. To minimize the practice of moneypolitic, our team has a solution by means of a partner, a candidate who has done money polyic so that he can do it in publik and be subject to a double fine as a substitute for the amount of money that has been used to bribe the people to the state. criminal Later this money can be used for the interests of the people. However, if the recapitulation, the candidate who has been found out and not willing to admit and replace, the money is recorded as the case, then the Commission will report to the nezen court. This will get more money and the state. With the existence of this regulation, the candidates will fight twice if they want to explore Money Politic s. To the Ethics Council, the alleged bribery will lead to elections, Money Politic s, fines, public recognition.]]>
<![CDATA[Television Media Ownership as a Political Communication Tool in the Election ]]>
<![CDATA[ Law Research Review Quarterly Vol 4 No 4 (2018): L. Research Rev. Q. (November 2018) "Law and Democracy in General Election: Betwe ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/snh.v4i03.26690
<![CDATA[Media as a pillar in democracy as well as a medium of public information has an influence on the formation of public opinion. In the context of elections, one of the media in political communication that has the greatest influence on voter choice is television. In principle, television media uses the frequency of society, then the public has the right to get balanced coverage. However, media owners who are part of electoral contestation use media as a communication media that abuses the media by broadcasting unequal news. The purpose of this study is to examine the use of television media as a means of political communication with media ownership, secondly, analyze various matters relating to television media ahead of the election. This research is a normative research that is based on basic and secondary materials, which are the rules and literature relevant to the object of research. Primary and secondary legal materials are obtained through library studies. The analysis used in this study is descriptive qualitative. The results showed that there was a linear relationship between media ownership of media owners in using their television media as a means of political communication. Regulations for using media in using media are used as personal communication tools in the Broadcasting Law, P3SPS, and General Election Commission Regulations. These regulations that maintain the media remain as a public information media that prioritizes the public and avoids various media in elections, although it is still needed for television media to remain neutral.]]>
<![CDATA[Political Reconstruction of Presidential Threshold Law Judging From the Presidential System and Simplification of Political Parties ]]>
<![CDATA[ Law Research Review Quarterly Vol 4 No 3 (2018): L. Research Rev. Q. (August 2018) "Law and Democracy in General Election: Between ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/snh.v4i03.26935
<![CDATA[The requirement of presidential threshold (PT) as regulated in article 222 Act No. 7 Year 2017 about General Election is no longer urgent to be applied in simultaneous general election. The requirement violates against the principles of justice general elections since it ellipse the rights of new political parties to propose candidates of president and vice president. On the other hand, viewing from the presidential system itself, PT requirement in the article 222 Act of General Election has an impairment and needs to reconstruct. This study emphasizes on two issues. First, the urgency to reconstruct political law of PT from the perspectives of presidential system and the simplification of political parties. Second, the concept of PT in the next simultaneous general election. This study results on, first, that in a presidential system, PT is considered as a requirement for the chosen and not a requirement for nominating president and vice president. In presidential systems, the presidential elections do not depend on the results of the legislative elections. Therefore, making the results of the legislative election as a condition for nominating the president and vice president is a violation of the presidential system. Second, PT provisions in terms of nomination requirements should no longer be needed because the purpose of implementing PT is to present a simplification party system and to garner majority support from the parliament against the elected president and vice president will be automatically implemented from the results of simultaneous general elections.]]>
<![CDATA[The Impact of Money Politics on Democracy ]]>
<![CDATA[ Law Research Review Quarterly Vol 4 No 4 (2018): L. Research Rev. Q. (November 2018) "Law and Democracy in General Election: Betwe ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/snh.v4i03.26978
<![CDATA[Money politic, being recognized or not, is a very frightening scourge for democratic process in Indonesia. Politic and money are two different things but cannot be separated each other. It is because by doing politic, people need money, and with money, people can do the politic. The politic, basically, is a very tantalize arena to do various transactions which is well-known as money politic. The money politic is not a new thing for democratic system in Indonesia. From the very first time direct election is carried out, the money politic practices have been done, thus, we must be aware to those practices. We must not involve in money politic practices, because it is clearly harm the democratic process of this nation. Besides, the money politic not only underestimates the electors and the politicians, but also the democratic institution of this nation. Therefore, it causes some continuously conflicts which basically damages the national stability. The conflicts caused by money politic are unstable politic climate and situation, reducing the opportunity for the qualified district heads, influencing the people’s politic participation in both district head and general elections and harming the democratic as well as people.]]>
<![CDATA[Democratic Election of Noken in Papua ]]>
<![CDATA[ Law Research Review Quarterly Vol 4 No 3 (2018): L. Research Rev. Q. (August 2018) "Law and Democracy in General Election: Between ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/snh.v4i03.26986
<![CDATA[The holding of General Elections in some parts of Papua has its own character because its implementation is different from General Elections in general. If all this time we only know that the General Elections are held "Directly, Publicly, Freely, and Secretly", then there are some areas in Papua that still use the General Election with the noken and / or connective system. This is because the culture of the indigenous Papuan people in terms of decision making concerning the common interest is done through a deliberation meeting by involving the community as a whole or certain people ("Men of Authority" or "The Big Man") alone as representatives to make decisions. This was also strengthened by the Constitutional Court's Decision which essentially stated that it did not matter the voting system used by the indigenous Papuans because the essence in the General Election process was that everyone could exercise their voting rights directly, freely, and confidentially. With the implementation of the General Election the noken system and / or the binding system does not provide guarantees and legal certainty to the constitutional rights of the voters to determine for themselves who they think is best based on their rational logic. Honesty does not only mean that no General Election provisions have been violated or that no vote has been manipulated. Honesty must also be interpreted as the system which best enables the people to elect candidates according to conscientious considerations based on the candidate's capacity and integrity.]]>
<![CDATA[Reconstruction of Money Politics Handling Mechanisms for the Realization of Fair and Dignified Elections ]]>
<![CDATA[ Law Research Review Quarterly Vol 4 No 4 (2018): L. Research Rev. Q. (November 2018) "Law and Democracy in General Election: Betwe ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/snh.v4i03.27000
<![CDATA[Elections are the mandate of the constitution that must be carried out by the government, in this case ensuring and protecting the exercise of people's sovereignty in channeling their political rights in elections. Money politics is carried out because there is no commitment from officials or part of the community in holding moral values, the desire to get an office instantly, and one way to maintain power. Therefore, it must be instilled in the values ​​of faith, giving strict punishment to the person who bribes, the transparency of both the central government and below. Money politics is very much against the principles of democracy and the principles of humanity that are fair and civilized (the values ​​contained in the 2nd precepts), leaders must get legitimacy from the people who choose them with democratic principles. Elections with integrity (electoral integrity) must be realized and supported by all parties, including the creation of good governance. From elections with integrity, a fair and dignified election process can be realized. The election is the will of the Indonesian nation to establish itself as a democratic state, therefore elections must be carried out by providing certainty and guarantee, honest, fair, free, and confidential. The toughest challenge faced by democratic countries is overcoming the practice of money politics. This money politics harms democracy and will bury the noble ideals of democracy. Related to the impact of violations on elections, including money politics. The form of this provision must be drafted by law.]]>
<![CDATA[Administration of Electronic Election Process Dispute in the State Administrative Court ]]>
<![CDATA[ Law Research Review Quarterly Vol 4 No 4 (2018): L. Research Rev. Q. (November 2018) "Law and Democracy in General Election: Betwe ]]>
Publisher : <![CDATA[Faculty of Law Universitas Negeri Semarang ]]>
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DOI: 10.15294/snh.v4i03.27001
<![CDATA[Elections constitute one of the manifestations of democratic people's sovereignty in accordance with the ideals of the state. Election process disputes are litigation efforts that are filed as a result of the issuance of KPU Decree submitted to PTUN. Examining the electoral dispute settlement arrangements electronically and explaining how resolution is the aim of this study. The method used is normative juridical research. The results showed that the electoral dispute resolution process was regulated electronically in Law Number 7 of 2017 concerning Elections, Supreme Court Regulation (Perma) Number 3 of 2018 concerning Case Administration in Electronic Courts, Perma Number 5 of 2017 concerning Procedures for Dispute Resolution Election Process in PTUN, Decision of Chief Justice of the Supreme Court Number 122 / KMA / SK / VII / 2018 concerning Guidelines for Registered User Governance of Court Information System, and Decree of the Director General of Military Courts and State Administrative Courts of the Supreme Court of the Republic of Indonesia Number: 307 / Djmt / Kep / 5/2018 concerning Implementation Guidelines for Perma Number 3 Year 2018. The trial stage of the dispute of the general election process begins with the reading of the lawsuit, the answers, the proof, and the verdict. Acceptance of lawsuits, answers, management, submission, and storage of State administrative case documents can use an electronic system through the e-Court application at the site address http://ecourt.mahkamahagung.go.id. With the existence of Perma Number 3 of 2018 will accelerate the process of electoral dispute resolution.]]>
