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Law Research Review Quarterly
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27163415     DOI : https://doi.org/10.15294/lrrq
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 531 Documents
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Avoiding Election Crimes: Learning from Conflicts in the Election of Regional Heads and Deputy Regional Heads Lestari, Eta Yuni
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i02.25593

Abstract

One manifestation of a democratic state is the holding of general elections. Elections in Indonesia are used to elect the President and vice president, members of the DPR, DPD and DPRD, and Regional Heads. Since 2005, the people have been given the opportunity to elect their regional head leader directly. On one side this shows the state is trying to provide maximum opportunities for democracy to the people, but on the other hand the implementation of post-conflict local elections is not without obstacles, in addition to very expensive costs also its implementation is still prone to conflict, political manipulation, fraud, injustice, mobilization, money political, etc., up to many disputes over the results of the post-conflict local elections which lead to the Constitutional Court, even to the point of committing criminal offenses. The background of post-conflict local election conflicts is the existence of pairs of candidates for regent and deputy regent who do not accept the decisions issued by KPU, due to systematic, structured and massive violations committed by election participants, and KPU is not transparent in recapitulation of vote counting, unfair, dishonest, undemocratic, fraudulent, and unconstitutional.
Money Politics in Indonesian Democratic Practices Holish, Amarru Muftie; Rohmat, Rohmat; Syarifudin, Iqbal
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i02.25594

Abstract

Democracy is a system of government that is considered modern in the twentieth century. Along with the development of the situation, the system of government in the world of democracy has existed together with the monarchy as a familiar system of government. Montesque's theory of division Trias politics is to be very easily implemented with a democratic system. Indonesia as one of the modern countries in the world that also implements the Pancasila Democracy system in its government system as one of the 4th largest countries in the world that adheres to the Indonesian democratic system has become a role model in the democratic system. The selection of regional heads autonomously and direct presidential elections is a golden achievement of Indonesia's democratic system, coupled with several regional head elections that have been carried out simultaneously making Indonesia increasingly establish itself as a modern with a democratic system. However, the democratic system also has a number of weaknesses, one of which is financial matters that require high costs, so that democracy often causes problems in the financial sector because it requires a lot of money in the event. Not infrequently the practice of money politics takes place in the practice of democracy so that everything really hurts the essence of the state, then what is the legal view of Indonesia regarding money politics in democracy then what are the sanctions for perpetrators of money politics in the perspective of criminal law in Indonesia.
The Dilemma of Prohibition of Former Corruption Inmates Registering as Legislative Candidates Hapsari, Hanum
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i02.25595

Abstract

This study aims to find out the direction of legal politics in Indonesia regarding the rules for prohibiting former corruption prisoners from registering as legislative candidates. Prohibition of former corruption prisoners registering as legislative candidates is contained in Article 7 paragraph (1) letter h draft of KPU Regulation (PKPU) nomination of members of DPR, Provincial DPRD, and Regency / City DPRD. However, the rules of the KPU are contradictory to Article 240 paragraph 1 letter g of the Election Law, where a former prisoner who has served a sentence of five years or more, may run for as long as the person announces that he has been a prisoner to the public. In fact corruption falls into extraordinary crimes, therefore the KPU plans to provide strict rules, but on the other hand these rules are still contrary to laws and other regulations.
Political Bride Price As Part of The Criminal Elements Susilo, Adhi Budi; Sa'bani, Anas
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i02.25596

Abstract

The dynamics of Indonesian politics in the 2018 General Elections was marked by the emergence of political dowry issues that have been raging until now, as published by several media in Indonesia. The practice of political dowry can be understood as an underhand transaction that involves giving a certain amount of funds from a certain candidate for a particular position in the election of a political party as a political vehicle. Based on that, the purpose of this study is to find out how the motive for giving political dowry motives to the elements of the policy formulation of criminal acts regulated in Law No. 7 of 2017 concerning General Elections of political dowries and how the authority of the Election Supervisory Body in handling political dowry issues. This research is a normative juridical study and the results of this study are the granting of political dowry with any motive to fulfill the elements of a criminal offense if it exceeds the nominal limit of a minimum of 2.5 billion as stated in Article 327 of Law Number 7 of 2017 Concerning General Election and authority bawaslu as one of the most important elements in handling elections. Criminal Law Enforcement in the General Election has been carried out optimally, but coordination between elements in the Gakumdu Center as a system of law enforcement is very important to be improved in order to run an honest and fair election
Efforts to Unravel the Complexity of Election and Election Crimes in Indonesia Hanum, Cholida
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i02.25597

Abstract

Problems in electoral law are more complex than those in other legal regimes. The many types of problems and the large number of institutions involved in handling elections and general elections indicate the complexity of electoral law and election problems. There are six types of problems in election and general election law, namely violations of the code of ethics for election and general election organizers, electoral and electoral disputes, administrative and electoral violations, election and general election crimes, election results disputes and administrative disputes election and general election countries. Whereas various institutions involved in the election and general election law include the General Election Commission (KPU), Election Supervisory Body and general election (Bawaslu), Honorary Election and Election Organizing Board (DKPP), Indonesian Police, District Courts and High Courts, Courts State Administration and State Administrative High Court, Supreme Court, Constitutional Court and Indonesian Broadcasting Commission. The complexity of the electoral law and general elections is inherent in the realm of election and general election crimes. The regulation and law enforcement of election and general election are a separate problem, especially in terms of the mechanism for resolving election and general election crimes. Recently the Supreme Court has issued Regulations relating to the settlement of election and general election crimes. This study will examine the mechanism for resolving criminal acts in elections and general elections in the Supreme Court Regulation No. 1 of 2018 concerning the settlement of election crimes and general elections related to the politics of criminal law in Indonesia.
Effectiveness of Election Special Judiciary Towards 2019 Presidential Election Marpaung, Jerico Mathias; Pradana, Tirta Mulya Wira
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i02.25599

Abstract

Indonesia as a democratic country that implemented the electoral system since 1955. Caused the world of politics in Indonesia to become more mature. Democratic practices developed from the reform era to the present. The general election which is a means of democracy is not far from political deviations, one of which is the black campaign. Special election judiciary exists with the aim of protecting the constitutional rights of citizens in elections, provide legal space for those who have been harmed in the implementation of elections, get legal certainty in the life of a democratic country, and as an effort to accelerate the settlement of disputes or cases during the general election process. Democracy in Indonesia can now be said to be comparatively well established but actually has a fairly shaky foundation, where the power of the people who should be united from below is taken from above (Top-Down democracy consolidation). For this reason, a special election court exists to examine, hear and decide on certain cases which can only be established in one of the judicial bodies under the Supreme Court regulated in the law. Special election court is important to maintain stability in politics. The idea of ​​a Special Election Court is actually one of the most important components in the principles of election administration, namely "legal certainty".
The role of the Election Oversight Body to Fill the Legal Exploitation of Child Exploitation in Campaign Implementation Simbolon, Laurensius Arliman; Pardosi, Debora Angelina Carissa
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i02.25600

Abstract

Election Campaigns are part of the political education of the community and carried out responsibly in carrying out democratic parties. Campaign activities contain material that includes the delivery of the vision, mission and programs that will be carried out by both political parties and individual participants. Reflecting on the implementation of the campaign in the 2018 Regional Head General Election there were many violations against child exploitation. KPAI as an independent state commission responsible for overseeing child protection under the Child Protection Act records 15 violations against children in the implementation of the campaign. This paper explains that the Election Oversight Body plays a role in filling out legal evidence for child exploitation in the implementation of the campaign, because many children who have not been 17 years in the election have been identified as having been 17 years, this includes criminal acts. Its roles include giving sanctions to those who invite children to campaign and report the matter as a form of crime as regulated in Article 280 Paragraph (2) letter K of the Election Law and in Article 15 and Article 76 H of the Child Protection Act.
Assistance for the Construction of Houses of Worship: One of the Practices of Money Politics in the Context of Criminal Acts in the Perspective of Criminal Law and Islamic Law Rohmah, Baeti; Nugroho, Raditya Dwi Putranto
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i02.25602

Abstract

Money politics seems to be a very difficult thing to eliminate from the realm of elections in Indonesia. In 2018, Bawaslu has received 40 reports of cases of money politics in the simultaneous elections in 2018. One of the modes in the practice of money politics in Indonesia is the provision of assistance in the construction of places of worship which is one form of collective groups in the form. This paper examines how actual money politics is practiced if viewed from the perspective of criminal law and Islamic law. This paper underlines the funding assistance for the construction of places of worship as a practice of money politics in the perspective of criminal law and Islamic law.
The Role of the Integrated Law Enforcement Center (Gakkumdu) in Election Crime Enforcement Handitya, Binov
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i02.25603

Abstract

The election is a tangible form of the concept of democracy which is believed to be one of the principles of governance in Indonesia. But in the implementation of the democratic party there were still shortcomings in the journey. One of the factors that cause the rise of money politics is the lack of awareness of most Indonesians that elections are the most effective vehicle for upholding people's sovereignty. For example, the presence of fictitious or fake voices often colors the event of a democratic party in this country. People are not aware that the various events that emerged earlier can be categorized as election crimes whose threat of sanctions has been firm. In Act No. 7 of 2017 concerning Election shows the seriousness of the government in combating election crime through the formation of Gakkumdu. Gakkumdu as an integrated law enforcement center has an important role in handling election crimes. In Article 486 item (1) of Law No. 7 of 2017 explicitly explained the formation of Gakkumdu intends to equalize the understanding and pattern of handling election crimes by the Bawaslu, the Indonesian National Police, and the Attorney General's Office of the Republic of Indonesia. The topic of the problem that will be discussed in this article is the role of Gakkumdu in suppressing election crimes in the Presidential elections in the 2019 Election.
The existence of the National Police in Law Enforcement of Election Crimes Welcoming the Indonesian Democratic Party 2019 Sacipto, Rian; Ciptono, Ciptono
Law Research Review Quarterly Vol 4 No 2 (2018): L. Research Rev. Q. (May 2018) "Discourse on General Election in Indonesia: Betwe
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snh.v4i02.25604

Abstract

In the implementation of electoral processes and mechanisms often cause violations and crimes by supporters, cadres, and even directly to candidates for democratic party contestant. the police is a state institution whose duty is to deal with various violations as a form of law enforcement in all criminal and criminal acts, including violations of the organization of upcoming democratic parties. For this reason, this paper will discuss how the efforts and actions of the police are needed in creating quality and guaranteed general elections to get the title that the 2019 democratic party must be truly LUBER and JURDIL. Scientific writing is based on data and studies of normative law that focuses on positive legal norms and methods in drawing conclusions from matters that are general to specific matters. A democratic party is a general election carried out by the government for the people to elect heads of state and legislative members who will channel the aspirations of the people. Whereas the National Police is a state institution that has been regulated by laws and regulations in handling criminal offenses for elections for a democratic party that will soon be implemented. The police collaborate with the Prosecutor's Office, KPU, BAWASLU in analyzing, filtering and determining criminal offenses or violations of the administration of elections. T

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