cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Indra Ava Dianta
Contact Email
garuda@apji.org
Phone
+6285885852706
Journal Mail Official
firman@stekom.ac.id
Editorial Address
Kampus Universitas Sains & Teknologi Komputer Address: Jl. Majapahit No.605, Pedurungan Kidul, Kec. Pedurungan, Kota Semarang, Jawa Tengah 50192
Location
Kota semarang,
Jawa tengah
INDONESIA
Perkara: Jurnal Ilmu Hukum Dan Politik
Published by Universitas Sains Dan Teknologi Komputer
ISSN : 29887755     EISSN : 29885213     DOI : 10.51903
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 29 Documents
 1   2   3 
Search results for , issue "Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik" : 29 Documents clear
Revitalisasi Peran Bawaslu Sebagai Lembaga Quasi-Judicial Dalam Menyelesaikan Pelanggaran Administrasi Pemilu Dimas Yoga Adhi Prabawa; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1492

Abstract

Elections are a means of popular sovereignty to elect members of the People's Representative Council, members of the Regional Representative Council, the President and Vice President, and to elect members of the Regional People's Representative Council, which are carried out directly, publicly, freely, secretly, honestly and fairly in the Unitary Republic of Indonesia. Indonesia is based on Pancasila and the 1945 Constitution of the Republic of Indonesia. As an electoral contestation, elections certainly have various kinds of potential violations in their implementation. One of the violations that has the greatest potential to occur is administrative violations. This article aims to analyze the revitalization of BAWASLU's role as a quasi-judicial institution in resolving election administration violations. The method used is descriptive analysis method. This article shows that Bawaslu is a quasi-judicial institution in elections which has the authority to handle election violations after determining the national election results. The authority to handle election violations after the determination of election results nationally, in this case is limited to administrative election violations. The authority to handle election violations after the determination of election results nationally, in this case is limited to administrative election violations. The authority of Bawaslu, of course, cannot be ignored. Moreover, currently Indonesia is starting to implement simultaneous elections. The implementation of the election mechanism simultaneously and in a short time will of course have implications for the process that occurs in the election.
Constructive Analysis Of The Existence Of Constitutional Court Decisions In The National Legal System : Analytical Study Of Constitutional Court Decision Number 90/PUU-XXI/2023 In The Perspective Of Protection Of Citizens' Rights Gilang Indra Friyana Rahmat; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1493

Abstract

Protection of citizens' human rights is one aspect that is highly emphasized in the construction of a democratic rule of law and is one of the reasons for the institutionalization of the Constitutional Court. As one of the aspects that is an essential form of the rule of law, the protection of human rights is a very interesting study to analyze, especially in aspects of the implementation of the 2024 General Election. This research uses normative legal research methods with a case approach and qualitative analysis methods. The results of this research are about the importance of protecting citizens' human rights, especially in the context of elections as a means of achieving national democracy. Meanwhile, the advice given in this research is that the law must provide wide space for the institutionalization of Constitutional Court decisions and as a form of confirmation that the Constitutional Court's decisions are binding on the entire community and become a form of public policy that begins with reviewing laws against laws. Constitution of the Republic of Indonesia.
Analisis Yuridis Putusan Mahkamah Konstitusi Tentang Penetapan Pasangan Calon Presiden dan Wakil Presiden Terhadap Penegakan dan Kepastian Hukum di Indonesia Muhdar Muhdar; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1494

Abstract

On this basis, the equal position between these institutions has the potential to give rise to electoral conflict, therefore the institution of the Constitutional Court was born as a mediator of possible conflicts. Another authority that the Constitutional Court has is judicial review of the Constitution. This authority previously belonged to the MPR before the amendment. The Constitutional Court has the principle in making judicial review decisions that apply to everyone (erga omnes), and are final (no other legal remedies) and appeal (binding for all parties). After the third constitutional amendment, a new issue has now arisen from the Constitutional Court, which should be the institution of the Constitutional Court as the highest court in the Republic of Indonesia. In fact, a problem has arisen from the Institution of the Constitutional Court which should be able to maintain the dignity and stability and trust of the Indonesian people. What is currently being discussed is the Constitutional Court (MK) Decision Number 90/PUU-XXI/2023 concerning the age requirements for presidential candidates (capres) and vice presidential candidates (cawapres) which has resulted in controversy. The decision contains a material review of the age requirements for presidential and vice presidential candidates as stated in Article 169 letter q of Law Number 7 of 2017 concerning Elections. Upon granting some of the material tests, someone who is not yet 40 years old can run as a presidential or vice presidential candidate if they have experience as a regional head or other official elected through elections. Thanks to this MK decision, President Joko Widodo's eldest son who is also the Mayor of Surakarta, Gibran Rakabuming Raka, who is only 36 years old, can run as vice presidential candidate. This decision became polemic because it was made by Chief Justice of the Constitutional Court Anwar Usman, who is Jokowi's brother-in-law and Gibran's uncle. After the Constitutional Court's decision, accusations emerged about political dynasties, even nepotism. At least 20 complaints were submitted to the Constitutional Court regarding alleged violations of the code of ethics and behavioral guidelines for judges in Constitutional Court Decision Number 90/PUU-XXI/2023. All complaints were followed up by the MK Honorary Council (MKMK).
Pemilihan Umum Serentak Tahun 2024 Berdasarkan Putusan Mahkamah Konstitusi Republik Indonesia Cecep Prayatno; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1495

Abstract

General elections (Pemilu) are an election process involving all citizens who will use their voting rights to elect their representatives. The Court considers that the implications and implementation of holding elections are not solely caused by the choice of electoral system. In this case, if in the future improvements will be made to the current system, legislators must consider several things, including, namely, not making changes too often, changes are made in order to perfect the electoral system, changes must be made early before When the election implementation stage begins, it is still necessary to maintain balance and continuity between the roles of political parties. as stated in Article 22E paragraph (3) of the 1945 Constitution and the principle of popular sovereignty as stated in Article 1 paragraph (2) of the 1945 Constitution, involving all groups who have an interest in the implementation of elections by applying the principle of meaningful public participation. Approaching the final deadline for registration of presidential and vice presidential candidates, the public was shocked by the decision of the Constitutional Court (MK) which was considered controversial number 90/PUU-XXI/2023. In this decision, the Constitutional Court decided that regional heads under the age of 40 can nominate themselves as presidential or vice presidential candidates. The main issues in this journal are the Constitutional Court's decision regarding the 2024 general election and the Constitutional Court's decision regarding the age of the Presidential Candidates. and Cawapres. The research used is normative juridical research which is qualitative in nature, where normative juridical research refers to the laws contained in applicable laws and regulations and norms existing in society where the research sources are taken from books, regulations. legislation, expert opinions and supporting matters in normative research. From the results of this research, the Constitutional Court Decision Number 90/PUU-XXI/2023 which states that Article 169 letter q of Law Number 7 of 2017 concerning General Elections which states "at least 40 (forty) years of age" is contrary to the Law. The 1945 Constitution of the Republic of Indonesia and does not have binding legal force, as long as it is not interpreted as "at least 40 (forty) years of age or has/is currently holding a position elected through general elections including regional head elections", not only does it cancel the norm, However, changing or making new certain parts of the content of a law being reviewed, so that the norms of that law also change, so that it has the potential to have a wide impact so that it is necessary to follow up on the Constitutional Court's decision address.
Public Policy Construction In The Framework Of Value Realization And Election Political Analysis Sua Fauzan Fataruba; Tri Sosilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1496

Abstract

This research is research that is used to analyze the extent to which political values influence social society. As we all understand, the Indonesian nation will soon hold an election procession in 2024. So many political parties have implemented an approach with the people, as their constituents. Based on these problems, this research was carried out. This research method emphasizes normative legal analysis combined with a conceptual approach and qualitative analysis. The results of this research are that political values have experienced concrete degradation, resulting in elections being limited to a recurring 5-year routine. Such conditions certainly have a broad impact on Indonesian democracy. The suggestions that can be given in this research are about how the construction of political parties can be revitalized towards a much more progressive aspect. This progressivism will be the added value and the value that differentiates democratic rationality and political egocentrism.
Pemberlakuan Whistle Blowing System Dalam Penegakan Hukum Pemilu Dan Penanganan Pelanggaran Kode Etik Penyelenggara Pemilu Rene Zakharia Pongsiluang; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1497

Abstract

Incidents of violations of the code of ethics are very common, but it is possible that there are also many cases where no complaints are filed due to the reluctance of election participants to make complaints because the process is litigious or they don't want to be bothered with legal matters. Or maybe because election organizers have developed a spirit of solidarity with the election organizer corps. This article was written with the aim of analyzing the implementation of the whistle blowing system in enforcing election law and handling violations of the code of ethics for election organizers. This research is a type of normative juridical research. The realization of the idea of ​​a Whistle Blowing System Mechanism in Handling Violations of the Code of Ethics for Election Organizers can be carried out if the legal basis for enforcing the code of ethics that is currently in effect is the law on election organizers and the Regulation of the Honorary Council for Election Organizers of the Republic of Indonesia number 1 of 2013 concerning procedural guidelines for organizers' code of ethics. the general election was changed by including the three aspects above. Therefore, the DPR and the President should revise the election organizer law and the DKPP should revise the Regulation of the Honorary Council for General Election Organizers of the Republic of Indonesia number 1 of 2013 concerning procedural guidelines for the code of ethics for general election organizers.
Comprehensive Analysis Of Bhabinkamtibmas Involvement In The Framework Of Conducive Elections With Integrity Neilpon Yulinar Marquez; Tri Sosilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1498

Abstract

Bhabinkamtibmas is one of the figures in the Indonesian National Police (POLRI) institution that is closest to the community, because it has a small work area at the sub-district or village level. This closeness can then be used as a means of education as well as socialization, regarding how to make elections conducive and with integrity. This condition is a situation that needs to be realized, in order to build public trust and also maintain societal stability. This research was carried out using normative legal research and a sociological approach, which was then analyzed using qualitative methods. The results of this research are that Bhabinkamtibmas can be used as part of an effort to construct elections that are conducive and have integrity through a social-based system approach.
Analisis Kebijakan Presidential Threshold Dalam Pemilihan Umum 2024 Rio Putra Simanjuntak; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1499

Abstract

General election is the biggest contestation on a national scale which is held every five years. Several facts were found that special election regulations were considered unfair. One of these is the regulation regarding the presidential nomination threshold. The constitution states that political parties can nominate president or vice president when they get 20% of the DPR position or 25% of the national vote. This regulation is considered irrelevant if implemented in the context of simultaneous elections, because the reference for votes is the election that was held four years ago. Practitioners have proposed the Presidential Threshold several times to perform a judicial review to the Constitutional Court. But the Constitutional Court did not accept the request. The Constitutional Court considers the Presidential Threshold as one means to improve the existing presidential system in Indonesia.
Analisis Kesetaraan Gender Dalam Konteks Pemilihan Umum Robertus Wardhana Utama; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1500

Abstract

When issues regarding a democratic constitution and respect for human rights and citizens' rights are specifically conditioned from the perspective of gender equality, they must be observed through the principle of balanced justice between men and women. Talking about gender equality certainly cannot be separated from the equal rights and responsibilities of women, which in their development are starting to be aligned with the rights of men in various areas of life. This research aims to analyze gender equality in the context of general elections. The method used by researchers to conduct this research is the literature review method. The results of the analysis explain that gender justice leads women and men towards equality where equal conditions and status to obtain opportunities and enjoy their rights as human beings so that they are able to play a role and participate in development, politics, economics, social, culture, education, defense and security in enjoying the results of this development. Election laws and political parties open up opportunities for women to be equal to men through this 30% quota. Women's struggle to increase women's representation in the legislature through affirmative action can be done by involving women more actively in political parties. Empowering women in political parties is the first step to encourage equality and justice to be achieved between men and women in the public world in the not too distant future.
Netralitas Aparatur Sipil Negara (ASN) Dalam Kebijakan Publik Dan Pemilihan Umum TB. Soenmandjaja SD; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/perkara.v1i4.1501

Abstract

The neutrality of ASN has always been an issue and news that has received a lot of public attention, especially during the lead up to, implementation and end of elections, both presidential, legislative and regional head elections. The fact of violations of ASN neutrality cannot be denied from several cases that have occurred, such as involvement in campaign activities, using state facilities related to office duties, making decisions or actions that favor their constituents, holding activities that lead to bias towards candidate pairs participating in the General Election (PEMILU), and so forth. This research aims to examine the neutrality of state civil servants in public policy and general elections. This research uses normative research methods. The State Civil Service Commission explains that neutrality is a very important principle to be implemented in efforts to create a professional ASN, so this concept is related to 4 things, including: political activities, public service delivery, policy making, and ASN management. Regulations regarding ASN are regulated in Article 2 letter f, Article 5 paragraph (2) letter h, Article 9 paragraph (2) Law no. 5 of 2014 concerning State Civil Apparatus, "ASN employees must be free from the influence and intervention of all groups and political parties.

Page 2 of 3 | Total Record : 29

 1   2   3 

Filter by Year

2023 2023


Reset
Filter By Issues
All Issue Vol. 3 No. 2 (2025): Juni 2025 : Perkara Jurnal Ilmu Hukum dan Politik Vol. 3 No. 1 (2025): Maret 2025 : Perkara Jurnal Ilmu Hukum dan Politik Vol. 2 No. 4 (2024): Desember | Perkara: Jurnal Ilmu Hukum Dan Politik Vol 2 No 2 (2024): Juni : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): Juni : Perkara: Jurnal Ilmu Hukum Dan Politik Vol 2 No 1 (2024): Maret : Jurnal Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Maret : Perkara Jurnal Ilmu Hukum dan Politik Vol. 1 No. 4 (2023): Desember : Perkara: Jurnal Ilmu Hukum Dan Politik Vol 1 No 4 (2023): Desember : Jurnal Ilmu Hukum dan Politik Vol 1 No 3 (2023): September : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): September : Perkara: Jurnal Ilmu Hukum Dan Politik Vol 1 No 2 (2023): Juni : Jurnal Ilmu Hukum dan Politik Vol. 1 No. 2 (2023): Juni : Perkara: Jurnal Ilmu Hukum Dan Politik More Issue