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[Strengthen the Role and Function of Bawaslu in Election Supervision and Law Enforcement ]]>
<![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.v4i03.27099
<![CDATA[In Law No.7 of 2017 the position of Bawaslu is strengthened by several changes to the rules. Some of these changes include increasing the number of Bawaslu members, expanding the authority of Bawaslu. Considering that 2018 and 2019 are election years and by looking at the history of Indonesian elections that are still a lot of violations, of course the new regulations on Bawaslu contained in Law No.7 of 2017 will affect the performance of Bawaslu in the future which is expected to be better compared to previous rules. The existence of Bawaslu in the process of conducting elections from time to time is increasingly considered important. Therefore, in any changes to the electoral law, changes regarding Bawaslu also occur. The change is nothing but to strengthen the existence of Bawaslu as an election supervisory institution. The strengthening of Bawaslu was seen at the time of the birth of Law No.15 of 2011 replacing Law No.22 of 2007. Important changes regarding the duties and authority of Bawaslu lie in the authority to resolve Election disputes which in Law No. 22 of 2007 was removed and returned to Bawaslu. In Article 259 of Law Number 8 of 2012, it is stipulated that the decision of the Election Supervisory Body in resolving election disputes is final and binding.]]>
<![CDATA[Certainty in Election Law in 2019 Concurrent Elections Through Regulation of the General Election Commission of the Republic of 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.v4i03.27100
<![CDATA[Legal certainty and the integrity of the process and results of elections are a sign of the process of holding democratic elections. One form of election law certainty in Indonesia is accommodated in Law Number 7 of 2017 concerning General Elections. In addition, in Law Number 7 of 2017 concerning General Elections it gives authority to the General Election Commission (KPU) to form KPU Regulations so that the process of organizing elections is more democratic. On the other hand, often the emergence of KPU Regulations causes the process of the stages of election management to change so that raises the question whether KPU Regulations guarantee the certainty of election law, especially in the 2019 Concurrent Election. This study uses a normative juridical method with conceptual and statutory approaches. The results of this study are that the KPU Regulations established in the process of holding the 2019 Concurrent Election have largely provided legal certainty, although there are several KPU Regulations that are not in line with the Law above. Basically, the KPU regulations when viewed from the side of benefits and justice provide legal certainty.]]>
<![CDATA[Considering the Legal Efforts of Dispute Decisions on Election Results of the Constitutional Court ]]>
<![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.v4i03.27101
<![CDATA[Article 24C Paragraph (1) of the 1945 Constitution confirms that the Constitutional Court (MK) has the authority to adjudicate at the first and last level with a final decision to review the Law against the Constitution. Related to election disputes, the Constitutional Court has the authority to adjudicate dispute cases and the Constitutional Court's decision is final and binding. It is undeniable that this matter becomes a debate, what if in the course of finding new evidence (novum) or what is the possibility of legal remedies in election disputes. This paper will try to explore what is the philosophy of the legal remedies and how it might be used in election disputes. By appealing to philosophical thinking it is hoped that a new thought can be drawn on these possibilities.]]>
<![CDATA[Law Enforcement of Political Corruption as a Form of Abuse of Political Power ]]>
<![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.v4i03.27102
<![CDATA[Artidjo Alkostar defines political corruption as corruption committed by public officials and the proceeds of crime are channeled for political activities, in other words, crime 'political corruption' is an act committed by public officials who hold political power but political power is used as a tool of crime. Law enforcement efforts against political corruption carried out by state officials have been regulated in the Corruption Criminal Act coupled with the existence of the Corruption Eradication Commission has become a milestone in the effort of Law Enforcement in Corruption Crimes. However, law enforcement efforts for political corruption are not easy because they are also influenced by the dominance of political parties in a number of state institutions, apart from legistalative institutions, the dominance of political parties also to financial institutions, ministries, and executive institutions as implementing policies. which is fierce can undermine law enforcement efforts on political corruption because there are certainly many interventions from political parties in government policy. The Role of Law Enforcement Officials such as the Police, Prosecutors' Office and the Judiciary as well as the Role of Advocates is a positive synergy in addition to the policies of the authorities to limit the role of Political Parties in government policies.]]>
<![CDATA[Protection of Whistleblowers in Election Crime ]]>
<![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.v4i03.27103
<![CDATA[This article aims to find out and analyze the protection of whistleblowers or reporters in election crime, here the author uses a type of normative juridical research with the statutory approach, conceptual approach and case approach, this is motivated by elections held once every 5 years. It is undeniable that violations often occur before the election and when the election is held, according to Bawaslu that there are 3,133 cases of violations either in the form of findings or reports as referred to in the 2018 elections in 171 regions. So that in following up on election crime, there must be a role from whistleblowers from the public, but there is fear from the reporter so that he does not dare to report the crime, so protection against whistleblowers is needed. The election has not clearly stipulated in the form of protection given, one of the problems is that the reported party reports the reporter again so that the consequences are not continuing the case from investigation to incrach decision but only limited to the level of investigation caused by obstacles experienced is evidence that is owned by the complainant, then the whistleblower should be given protection such as having the right of immunity as cannot be prosecuted criminal or civil, protecting in order to avoid ri from economic, political and social discrimination.]]>
<![CDATA[Legal Position of Political Corruption as Part of Reflection on Money Politics Practices ]]>
<![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.v4i03.27104
<![CDATA[The General Election which was carried out directly was a concrete manifestation of the implementation of democracy in Indonesia. The jargon "of the people by the people and for the people" must be paid at a relatively expensive cost for a clean and correct political contestation to produce the expected leaders. The amount of costs from the implementation side was also followed by the high costs incurred by the candidates for the people's representatives as contestants. Starting from the nomination process through the political vehicle of the bearer to the attempt to seize the prospective voters through various persuasive approaches makes a great potential for the practice of money politics. The causality cycle will have a great opportunity to be reflected in the crime of political corruption. The crime of political corruption is actually not specifically regulated in the legislation but is now becoming familiar. This kind of phenomenon makes the position of criminal act of political corruption worthy of being made a separate offense in a material criminal law regulation. This article is prepared using normative juridical research methods through a statute approach, comparative approach and conceptual approach, which aims to critically examine the legal position of political corruption as part of a reflection of the practice of money politics.]]>
<![CDATA[Law Enforcement of Political Corruption ]]>
<![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.v4i03.27105
<![CDATA[Political corruption is an abuse of authority and position by political elites, both those in the parliament and the executive, as well as the core management. Law enforcement using the Corruption Law is unable to touch Political Parties as legal subjects. For this reason, it is necessary to regulate more explicit campaign funds, because one source of political corruption is the amount of political funds to campaign.]]>
<![CDATA[The Role of Santri in Election Law Enforcement (Case Study of Money Political Practices in Demak District 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.v4i03.27106
<![CDATA[The practice of money politics is a major obstacle in enforcing the Pilkades law in Demak district. The practice of money politics is a threat to the country's security. The main contributing factor is the cultural factor which is wrong about democratic principles. The government has tried to give strict sanctions in eradicating political practices in Indonesia. But the problem is, in the implementation of the Demak Pilkades, the Demak district government has not yet given decisive action. This study aims to find new solutions in enforcing the Demak district election law. This study uses a non-doctrinal approach. Based on the results of the analysis that Demak Pilkades money politics practice is one of the extraordinary legal problems, the solution must be in an extraordinary way (rule breaking) which involves the role of santri in the pesantren including the role of the kiai / religious teacher. There are two ways: first, it involves 3,691 kiai / ustadz to influence and provide understanding of violations of money politics practices to the people in Demak district. Considering, in Demak district, the kiai is considered a leader figure who has an important role in determining which attitudes and steps will be taken by the local community to make decisions or policies. This step will have a direct impact in eradicating the practice of money politics. Second, involving the role of students directly.]]>
<![CDATA[Corporate Position in Election Crime: What is Corporate Criminal Liability According to Indonesian Positive Law? ]]>
<![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.v4i03.27107
<![CDATA[A corporation is a private legal entity that has its own entity and has the discretion in acting on behalf of the corporation. Included in the case of fraud opportunities that occur in elections. Corporations have a loophole to commit criminal acts in the upcoming 2019 elections. The form of corporate criminal liability is regulated by several laws that still apply in Indonesia. Penalties for business entities or corporations can be found in Article 83 paragraph (3) of Law 32/2004 concerning Regional Government, Article 116 paragraph (6) of Law 32/2004, Article 303 paragraph (1) of Law 8/2012 concerning Elections. In that article, it is explicitly stated that every person, group, company, and / or non-governmental business entity that provides election campaign funds exceeds the prescribed limits as referred to in Article 131 paragraph (1) and paragraph (2) shall be sentenced to a maximum imprisonment of 2 (two) years and a maximum fine of Rp. 5,000,000,000.00 (five billion rupiah). However, all of these rules must abide by the principle of Lex Posteriori derogate legi priori (the new rule removes the old rules) through Law number 7 of 2017 concerning Elections. This paper examines more deeply how an action can be categorized as an election criminal offense by a corporation and examines examples that have occurred in Indonesia.]]>
<![CDATA[Strengthening Model Based on Responsibility to the Election Supervisory Body's Authority in Handling Money Politics to Realize Elections with Integrity ]]>
<![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.v4i03.27108
<![CDATA[This research formulates a reinforcement model based on responsibility towards the authority of the Election Supervisory Board (Bawaslu) in handling money politics. The formulation of this model is important for realizing elections with integrity. Based on the strengthening of Bawaslu through legislative reforms, there is hope for the prevention of money politics in legislative elections, because the body carries out prevention and enforcement with the authority to decide upon disputes in the electoral process and administrative violations, as well as institutionally to exercise such authority, to be strengthened by the strengthening of Election Supervisors at the level of the Election Regency / City becomes Regency / City Bawaslu. By using an understanding of organizational behavior, the reinforcement model based on responsibility will rely on interpersonal relationships, information transfer, and decision making.]]>
