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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 251 Documents
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Dampak Kebijakan Pemerintah dalam Keberlanjutan PLTU Batang Terhadap Visi Indonesia 2024 Terkait Pengelolaan Lingkungan Muhammad Zahiir Al Faraby
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : 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.v1i4.1459

Abstract

The construction of the Batang Steam Power Plant (PLTU) has positive economic impacts but has the potential to harm the environment and local communities. The use of coal as PLTU fuel causes air and environmental pollution, posing a threat to ecosystem balance. The response to this challenge is evident through the issuance of Presidential Regulation 112/2022 by the Indonesian Government. This regulation strengthens the commitment to energy transition towards Net Zero Emission, aligning with the Vision of Indonesia 2045. With a focus on sustainability and well-being, Presidential Regulation 112/2022 emphasizes the prohibition of new PLTU constructions without affecting those already in operation, such as PLTU Batang. This step is expected to lead Indonesia towards environmentally friendly electricity development.
Hukum Tentang Perkawinan (Perbandingan Antara Kuh Perdata Indonesia, Inggris Dan Amerika) Rizki Nurdiansyah; Muhammad Adam Damiri; Melly Rifa’atul Lailiyah
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 2 (2023): Juni : 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.v1i2.1463

Abstract

Laws regarding marriage are an important part of the legal system in various countries. In this context, this research aims to compare the laws regarding marriage in the Indonesian, British and American Civil Codes. The aim of this research is to analyze the differences and similarities in the legal regulation of marriage, including marriage requirements, the marriage process, and the rights and obligations of husband and wife in the three legal systems. This research uses a comparative legal approach, by analyzing legal regulations, court decisions, and relevant legal literature from the three countries. The data sources used include legal regulations regarding marriage, related court decisions, as well as legal literature that reviews aspects of marriage law in Indonesia, England and America. Data analysis was carried out by comparing the differences and similarities in marriage requirements, the marriage process, and the rights and obligations of married couples in the three countries. Factors such as religion, culture, and legal history will be considered in this comparative analysis. The results of this study show significant differences in the legal arrangements for marriage between the three countries. For example, in the Indonesian Civil Code, marriage can be religious or civil, while in England and America, civil marriage is the only legally recognized form. Marriage requirements such as minimum age, parental consent, and conditions for same-sex marriage may also differ in the three countries.
Kepastian Hukum Anak Perkawinan Campuran Akibat Pemalsuan Dokumen Perkawinan Rizka Putri Awwaliyah; Sony Juniarti; Muhammad Haekal; Trisnawati Trisnawati; Hafidz Rabbani Kurniawan
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : 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.v1i4.1481

Abstract

Marriage is a legal act involving two people in establishing a social bond as a husband and wife in a household which gives rise to legal consequences in the form of rights and obligations for the subjects therein to submit and obey in accordance with the provisions of Law no. 1 of 1974 as amended by Law no. 16 of 2019 concerning Marriage. Actions that deviate from the provisions of the Marriage Law can result in the annulment of the marriage so that the marriage is considered null and void. The marriage annulment case that has attracted public attention is between Jessica Iskandar and Ludwig, a German citizen, as a case of mixed marriage annulment involving Indonesian citizens and foreigners. The problems that arise in this case are indications of falsification of marriage documents and the legal consequences for the children resulting from the marriage. This research aims to find out about the legal consequences for children who emerge from mixed marriages involving fake documents and the legal protection for these children. The research method used is qualitative with an empirical normative approach with data collection using literature study and descriptive analysis. The research results show that children resulting from mixed marriages have the right to choose citizenship at the age of 18 and are entitled to dual citizenship rights, property rights, inheritance rights and legal protection.
Public Policy Analysis Of The Implementation Of Constitutional Court Ruling Number 90/PUU-XXI/2023 In The 2024 Election Maharani Trisni Zulaiha; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : 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.v1i4.1486

Abstract

This research is a form of analysis regarding the Constitutional Court Decision Number 90/PUU-XXI/2023 and its implementation as public policy within the framework of the 2024 Election. This analysis is important because Constitutional Court Decision Number 90/PUU-XXI/2023 is seen as a critical decision that is extremely controversial and exceeds the authority of the Constitutional Court itself. This research emphasizes the use of normative legal research, conceptual approaches, and qualitative analysis methods. The results of this research indicate that Constitutional Court Decision Number 90/PUU-XXI/2023 must be constructed separately from the controversy that accompanies it and must be institutionalized constructively. The advice conveyed in this paper is the importance of assuming socialization first regarding the implementation of the new norms settled in Constitutional Court Decision Number 90/PUU-XXI/2023.
Strategi Komisi Pemilihan Umum (KPU) Dalam Meningkatkan Partisipasi Masyarakat Pada Pemilihan Umum Kepala Daerah Tulkah Husen; Tri Sosilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : 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.v1i4.1489

Abstract

Public political participation in the implementation of regional elections is a very important aspect so that the General Election Commission uses a special strategy to increase public participation in the implementation of regional elections. This research is a normative research with the approach used is a conceptual approach and statute approach. The results of this study are, KPU strategy in each region in increasing public political participation in the election in the coming year can be seen from three stages, namely the formulation stage shows there is clarity of socialization planning from KPU. Second, the action selection stage, the KPU carries out socialization to eight segments of voters with the socialization method in the form of face-to-face and the use of mass media with the implementation pattern adjusted to the characteristics of the intended area. The third stage of resource allocation is by conducting technical guidance to the ad hoc committee. The obstacles experienced by the KPU are the lack of budget, community apathy, and the limited number of KPU personnel.
General Election Commission Policy In The Recruitment Process Of Voting Organizing Groups In The 2024 Election Agus Joko Lelono; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : 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.v1i4.1490

Abstract

Elections are clear evidence of a form of democratic system in which the people are involved in determining the direction of the country's political policies for the next five years. Elections are held directly in addition to improving the implementation of the democratic system in the political process. The 2019 election left behind many problems, especially in the case of many KPPS (Polling Organizing Group) officers as election organizers at the TPS level who died. According to a release from the Ministry of Health, as of May 15 2019, 527 2019 election officials had died and 11,239 people were sick. This research aims to analyze the policies implemented by the KPU in the KPPS recruitment process in the 2024 elections. The method used is descriptive analysis with a qualitative approach. The research results show that the KPU as the main election organizing institution which supervises ad hoc officers has made policies based on the principle of clear benefits. The policy formulation process has gone through various processes. From creating issues, advocating issues, to lobbying other policy makers. The KPU's policy in KPPS recruitment has been made in such a way as to accommodate the interests of KPPS as a lower level election organizer. In the policy formation process, the KPU asks for suggestions and recommendations from various parties. Various anticipations have been outlined in the policies produced by the KPU. The author is confident that looking at the pattern of policy formulation used, the KPU will produce policies that are right on target to realize elections with integrity.
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 : 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 Gilang Indra Friyana Rahmat; Tri Susilowati
Perkara : Jurnal Ilmu Hukum dan Politik Vol 1 No 4 (2023): Desember : 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 : 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 : 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.

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