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[Reconstruction of Election Observer to Build Institutional Partnerships with Election Organizers in Indonesia ]]>
<![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.v4i03.27012
<![CDATA[Republic of Indonesia Election Supervisory Body (Bawaslu) Regulation Number 4 of 2018 concerning Election Monitoring (Election) regulates Election Oversight to support the role of Bawaslu as the Election organizer who supervises the implementation of elections. However, in its implementation the position of Election Observers still tends to be ambiguous, so that its role has not been running optimally. Therefore, the regulation regarding Election Monitoring needs to be reconstructed to support the realization of the implementation of General Elections in accordance with the principles and regulations. This study examines 2 (two) problem formulations, first, what is the urgency of the Election Observation reconstruction ?; secondly, how is the concept of the Election Monitoring reconstruction to build an institutional partnership with the Election organizers in Indonesia ?. This research is a normative legal research with a conceptual approach. The study concludes, first, that Election Oversight needs to be reconstructed because its institutional relationship with Bawaslu is very ambiguous, so that its monitoring role is potentially ineffective; arrangements that have not yet reached the description of the task of the Election Oversight to take part in the prevention and enforcement of violations; and the low interest of the community in participating in Election Monitoring. Second, as a step to build an institutional partnership with the election organizers, the structure and institutional relations of the Election Monitoring need to be reorganized; arranged and clarified job descriptions; as well as the state needs to allocate operational funds for accredited Election Observers.]]>
<![CDATA[Restructuring the Pancasila-Based Representative Democracy System Through Formulations of Political Education by Political Parties ]]>
<![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.v4i03.27018
<![CDATA[The existence of political parties, especially in Indonesia, one of which is aimed at maximizing the function of political education both for the general public and for political party cadres, as the Explanation of Law Number 2 of 2011 concerning Amendments to Law Number 2 of 2008 concerning Political Parties. This study aims to restructure or realign the objectives of the Indonesian state democracy, by reviewing the principle of representative of the people. Research begins by examining the concept of representative democracy in accordance with the values ​​of Pancasila, which is then used as a reference to formulate political education by political parties. This formulation of Pancasila-based political education is the object of research in this paper, which was analyzed by using the normative method assisted by literature study. Based on the discussion, it can be said; First, democracy on the basis of Pancasila is a representative democracy, create the representatives of the people who should not only be interpreted as "assistants" as a result of the degradation of constituent trust in the people's representatives. Contrary, representative democracy is not interpreted as an absolute or fully representative democracy, which in practice actually encourages constituent apathy and then supports the practice of a semi-timocratic system with the appearance of democracy. Second, the formulation of political education must be restructured in the spirit of Pancasila values, especially through the alignment of understanding of representative democratic systems as recommendations for political parties to carry out political education functions.]]>
<![CDATA[The Politics of Law on Corruption Eradication ]]>
<![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.v4i03.27019
<![CDATA[Corruption is a deviant behavior to obtain some things that are socially and / or legally prohibited. All forms of government are prone to corruption in practice. Corruption in politics and bureaucracy can be trivial or severe, organized or not. Corrupt behavior that afflicts almost all political elites has undermined aspects of national and state life, this is a scourge for the general public who thinks that politics justifies any means. The burden of political costs borne by a candidate is very high, even above the fairness rate. The average cost to run for a district or city legislative member is around 150 million to 500 million to be able to occupy a seat in the legislature. These costs include party registration, pre-campaign costs, campaign costs to other costs, including advertising in mass media both electronic and print. This high burden causes legislative candidates to seek sources of funds from all walks of life, which results in them sometimes having campaign finance debts. Even if there is aid, it is usually binding, which at a time will curb legislative candidates if they become members of the council later. While salary and allowance income while serving as a member of the council is not sufficient to pay off debt, this then affects their performance and is caught in the vortex of abuse of power and corruption.]]>
<![CDATA[Inconsistency in Political Bride Price (Mahar) Criminal Arrangements in Presidential Elections ]]>
<![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.v4i03.27020
<![CDATA[Setting the threshold of the nomination of the President in Article 222 of Law Number 7 of 2017 makes political parties election participants who do not meet must join with other political parties. This has the potential to lead to political dowry actions because a combination of political parties can only carry one pair of candidates for President and Vice President. Mahar politics have actually been banned in Article 228 of the Election Law, but they are not equipped with clear sanctions. This type of research is legal research. The Election Law does not regulate criminal sanctions against political dowry measures. The only sanctions that can be imposed are only administrative witnesses in the form of a ban on nominating candidates in the next period. Unfortunately the sanctions only apply to political party recipients of political dowry (Article 228 paragraph [2] and [4] of the Election Law). Though in principle the political dowry is certainly a crime so there must be criminal sanctions. This is certainly different from the provisions in Article 47 juncto Article 187B-187C Law Number 10 Year 2016 (UU Pilkada), which regulates dowry actions in the process of nominating a regional head qualified as a criminal offense in which the giver and the recipient are threatened with criminal sanctions in the form of criminal prison and fines. There are different arrangements in the Election Law and the Election Law. The Election Law does not regulate criminal dowry politics, whereas the Election Law regulates it.]]>
<![CDATA[Urgency of Revision of Law Number 7 Year 2017 Regarding Elections in Relation to Money Politics ]]>
<![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.v4i03.27021
<![CDATA[Money politics occurs in almost every election at all levels of the public both at the central and regional levels. The weak regulation (Law No. 7 of 2017) regarding elections is not strong enough to overcome money politics and impose sanctions on money politics compared to Law No. 10 of 2016 concerning the election which was also reinforced by the Election Supervisory Body Regulation No. 13 of 2016 concerning procedures for handling administrative violations related to the prohibition of giving and / or promising money or other material that is carried out in a systematic, massive manner in the election of Governors, Regents and Mayors. Besides the problem also with law enforcement itself. This problem itself has become a culture in Indonesian society. This activity (money politics) does not only threaten clean and effective governance but also clean and honest elections. Those who spend money politics to win elections are usually expected to recover after choosing their investment profitably. If unchecked, the defense of public interest and what is common in retreats. This is a crime, and greatly damages the integrity of elections. We need the legislature to pay attention to how to enforce control over money politics.]]>
<![CDATA[Community Participation in Running Government and as Members of the House of Representatives through General Elections in Indonesia ]]>
<![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.v4i03.27022
<![CDATA[Competition among political parties in large numbers causes the possibility of success to be smaller, hence coalition is the most rational choice. This situation resulted in the emergence of super tight contestation among coalition political parties. So that the main focus is to win the contestation with all efforts, and the intention to participate in the government and become a member of the House of Representatives even as if looking for work. The purpose of this paper is to provide an attitude and criticism of the community in this case who are incorporated in political parties about their role as representatives of the people in the government and as members of the House of Representatives obtained through general elections (elections). The writing method used is normative juridical by using the statutory approach and conceptual approach. The conclusion is that the community has the right to participate in running the Government as well as becoming a member of the House of Representatives through elections, but its rights must also be accompanied by a series of obligations that must be carried out with the main goal of public welfare in general, not the community members and groups. partisans of the political parties which are its aegis.]]>
<![CDATA[Politicization of Religion: Breaking the National Unity in Elections ]]>
<![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.v4i03.27023
<![CDATA[The use of a dose of religion as a political instrument to gain power in elections is rife lately. Religion as something sacred is used as a powerful weapon to destroy society through differences in belief. Because religion is something sacred and personal in nature it makes it easy to politicize regarding this very sensitive issue. Religion as something that is sensitive makes everything that works with it becomes more emotional. This emotional involvement is built by belief in something supernatural. The politicization of religion has been made into a black politics that manipulates one's understanding and knowledge of religion by means of propaganda that intends to influence religion / belief in its efforts to bring interests into a political agenda. What is feared is that religion loses its noble values ​​when associated with politics or politicized (littered). The rejection of the politicization of religion is one form of efforts to glorify religion and prevent the destruction of the noble values ​​that exist in a religion and maintain the diversity and integrity of our nation.]]>
<![CDATA[The Influence of Political Education and Democracy for the Young Generation on the Level of Participation in the Implementation of General 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.v4i03.27024
<![CDATA[Political education is a systematic and deliberate educational effort to form individuals who are politically aware and capable of becoming political actors who can be morally responsible in realizing the political goals themselves. To support this, the role of youth is an important key in organizing democratic life in Indonesia. In article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia it is expressly stated that the sovereignty of the state is in the hands of the people and youth are part of it. As affirmed in Law Number 40 of 2009 concerning Youth emphasizes that the young generation has the position and the main role in realizing the life of a democratic Indonesian nation. This shows that the people are an important part of national and state life. Youth plays an active role as a moral force, social control, and agent of change in all aspects of national development. The Spirit of Youth Law which saves youth in every aspect becomes an important part, but in its implementation it does not always run properly. Sociological facts show that not fully Indonesian youth are aware of their important role as a major part in the taking part of organizing this country. The youth have a moral obligation in realizing a generation of political literacy and have a character that is in accordance with the noble values ​​of the Indonesian people in developing the country's democracy.]]>
<![CDATA[Ethnicity, Religion, Race, and Inter-group Relations Elements in Campaign: A Comparative Study of North Sumatra and Jakarta Election ]]>
<![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.v4i03.27025
<![CDATA[Election of regional heads in Indonesia is currently held more than 300 regions both provincial and city. Based on Article 56 of Law Number 32 Year 2004 concerning Regional Government, it is stated that the Regional Head and Deputy Regional Head are elected in a pair of candidates which are carried out democratically based on the principle of direct, general free, secret, honest and fair. This paper aims to examine the elements of SARA (Ethnic, Religious, Racial, and Intergroup) in regional election campaigns in DKI Jakarta and North Sumatra. The campaign is a space that voters must use to evaluate the vision, mission and program of election participants. But in reality the SARA element is often used as a stepping stone in campaigning. The important point in this paper is to find out what factors are behind the SARA element in campaign activities. Does the SARA element in the campaign have an influence on voter votes? Or apparently not? The types of SARA elements favored in the campaigns in DKI Jakarta and North Sumatra are certainly different, in terms of the type of SARA used, the attitude of the people in the area and how the SARA elements are used in the campaign. The use of religious and ethnic identity has been seen as getting stronger since 2014 after the influence of lying news circulating on social media such as Facebook, Whats App, BBM and Instagram.]]>
<![CDATA[The Function of Mass Media in the Democracy State Perspective related to the Election Organization ]]>
<![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.v4i03.27026
<![CDATA[In the implementation of democracy in Indonesia, the mass media is required to be more independent and neutral in providing information, especially regarding the conduct of elections. The mass media must be able to become social control in the socio-political life in society. In addition, the media must also be able to provide actual, factual, and balanced information to the public so that it can become a reference for the community in choosing leaders and can create elections that are in accordance with the principles of elections in democratic countries. The use of media plays an important role in the campaign process and modern political socialization. However, the mass media itself has shown a position of dilemma in supporting the implementation of democracy, even today the mass media is trying to position itself as a political actor. The position of the media caught in a conflict to maintain the ethics of journalistic interests or political interests is considered a problem. Because if the news delivered is not balanced, it could potentially harm democracy in Indonesia itself. In this case, actually the community did not get enlightenment about political issues, but rather provoked because of the imbalance of news received. This situation can be a threat in the upcoming 2019 general election, especially for the presidential election which is only followed by 2 candidate pairs. In this paper we will explain the function of mass media in a democratic perspective related to the holding elections in Indonesia.]]>
