Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia merupakan media publikasi karya ilmiah hasil seminar nasional yang mengkaji berbagai permasalahan terkini dalam bidang hukum pidana, hukum perdata, hukum internasional, hukum tata negara, dan hukum administrasi negara. Prosiding seminar nasional yang ditulis oleh penulis internal Fakultas Hukum UII maupun penulis eksternal tersebut diterbitkan sebanyak 6 (enam) kali dalam setahun yaitu Januari, Maret, Mei, Juli, September, dan November.
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<![CDATA[Urgensi Pengaturan Laporan Dana Kampanye Dalam Penyelenggaraan Pemilu Serentak di Indonesia ]]>
<![CDATA[Al Fatah Hidayat]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The flow of campaign fund donations is often a source of misappropriation and even creates the potential for money politics. For this reason, the General Election Commission (KPU) as an independent institution authorized to carry out elections forms regulations related to campaign finance reporting. There are three forms of campaign fund reports regulated by the KPU, namely; LADK, LPSDK and LPPDK. Therefore, there are several things that become the focus of this research, namely; the urgency of regulating campaign finance reports in organizing simultaneous elections in Indonesia and the legality of arrangements related to reports on the receipt of campaign donations in simultaneous elections in Indonesia. This research uses doctrinal legal research with a juridical-normative approach. Regulations related to campaign finance reports are important considering that campaigns are often tainted with various kinds of corrupt practices. The normative basis of the Law related to LPSDK is not explicitly stated. LPSDK can be interpreted as a constitutional convention as well as beleidsregel.]]>
<![CDATA[Pengecualian Prsidential Threshold terhadap Partai Politik Baru Peserta Pemilihan Umum ]]>
<![CDATA[Torik Abdul Aziz Wibowo]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The Presidential Threshold setting provides a separate previllage for parliamentary Political Parties to nominate a Pair of. Meanwhile, political parties that have just become participants in the general election contestation cannot nominate their presidential and vice-presidential candidates in that election. Meanwhile, the Constitutional Court has consistently stated that the Presidential Threshold is an open legal policy 27 times. This makes the function of political recruitment by new political parties impossible. Kebangkitan Nasional Party (PKN) proposed testing the Presidential Threshold at MK which in the petite of this propose request that the Constitutional Court decide on the application of the presidential threshold to exclude new political parties from participating in the election. So what are the problems with applying the presidential threshold in Indonesian elections? as well as, what is the relevance of implementing the presidential threshold exception for new political parties participating in the election? This paper was prepared based on legal research with a juridical-normative approach using primary legal sources as the main research material. The results of this study conclude first, setting the presidential threshold creates anomalies and discrimination against political parties that have just become election participants. Second, the relevance of the presidential threshold exception is as an antithesis to the symptoms of cartelization that occurred in old political parties Presidential Candidates and Vice Presidential Candidates.]]>
<![CDATA[Konstitusionalitas Sistem Proporsional Terbuka Pasca Putusan Mahkamah Konstitusi Nomor 114/PUU-XX/2022 ]]>
<![CDATA[Yuniar Riza Hakiki]]>;
<![CDATA[Zaqil Widad]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The Constitutional Court (MK) ruled on case No. 114/PUU-XX/2022 which essentially rejected a request for an open proportional system to be declared unconstitutional. The Court refuted all of the petitioner's arguments along with an explanation of the constitutionality of the open proportional system. Nevertheless, the Constitutional Court realizes conceptually and in practice that whatever electoral system is chosen by the framer of the law still has advantages and disadvantages. So, what is the consideration of the Constitutional Court rejecting the application for the cancellation of the open proportional system? And is an open proportional system an electoral system whose constitutionality is absolute? This paper is written based on legal research with normative juridical methods that use a case approach. The primary legal material used is the Constitutional Court decision No. 114/PUU-XX/2022, and is supported by secondary legal material. This paper concludes, first, that the Constitutional Court rejects the application for cancellation of the open proportional system based on 6 (six) points of rebuttal to the applicant's arguments, 1 (one) argument for the Constitutional Court's stance that improvements and improvements to the implementation of elections can be carried out in various aspects without having to change the system, and based on the original intent and systematic interpretation of Article 22E paragraph (3) and Article 1 paragraph (2) of the 1945 Constitution; second, the open proportional system is not an electoral system whose constitutionality is absolute, because the Constitutional Court emphasized that the electoral system is an option for the framer of the law that remains open to the possibility of being adjusted to the dynamics and needs of holding general elections. However, the Constitutional Court provides a number of constitutional limitations that must be considered by the framers of the law if they are going to make improvements to the current system]]>
<![CDATA[Problematik Pengaturan Frasa Gangguan Lainnya Sebagai Syarat Pelaksanaan Pemilu Lanjutan Dan Pemilu Susulan (Studi Undang-Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum) ]]>
<![CDATA[Muhammad Erfa Redhani]]>;
<![CDATA[Retno Widiastuti]]>;
<![CDATA[Aprillia Wahyuningsih]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The criteria for postponing general elections in Indonesia currently do not have legal certainty, this is because there are still multiple interpretations of the phrase "other interference" in Article 431 and Article 432 of Law Number 7 of 2017 concerning General Elections (Law No. 7 of 2017). The phrase "other interference" in the context of further elections and subsequent elections raises the potential for elections "to be postponed" not in accordance with the mandate of Article 22E paragraph (1) of the 1945 NRI Constitution which regulates elections to be held every five years. This research was raised to be discussed in a limited manner based on 2 (two) problem formulations, namely, 1) how problematic is the regulation of other nuisance phrases as a condition for the implementation of further elections and subsequent elections in Law No. 7 of 2017?; and 2) how is the idea of improving the regulation of other nuisance phrases as a condition for the implementation of further elections and subsequent elections in Law No. 7 of 2017? This research is a normative juridical research with a statutory approach (statute approach), conceptual approach (conceptual approach) and case approach (case approach). The results showed, first, the phrase "other disorders" contained in Law No. 7 of 2017 is an ambiguous or multiinterpretive sentence can lead to abuse of power to postpone elections. Second, it is necessary to limit the regulation of other nuisance phrases as a condition for the implementation of further elections and subsequent elections in Law No. 7 of 2017. ]]>
<![CDATA[Analisis Perbandingan Syarat Kualitatif Anggota Majelis Syuro dengan Kriteria Pemilih dalam Sistem Pemilihan Umum Presiden di Indonesia ]]>
<![CDATA[Ahmad Sadzali]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[This paper conducted a comparative study between the qualitative requirements for members of the Syuro Council in Islamic Constitutional Law (Siyasah) and the voter qualifications in the presidential election system in Indonesia. This comparative study is normative research with a literature review. As a result, voter qualifications in general elections in Indonesia have only reached qualifications that are externally administrative in nature and tend to be formal. When compared with the formulation of qualitative-substantive requirements set by Imam Al-Mawardi, voter qualifications in Indonesia still do not reach the qualification aspects of integrity, intellectual capacity, or rhetorical capacity.]]>
<![CDATA[Kelebihan dan Kekurangan Pemilu Serentak Indonesia: Studi Kasus Terhadap Kematian Anggota KPPS Pada Pemilu Serentak 2019 ]]>
<![CDATA[Fikri Himawan]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The holding of simultaneous elections on 17 April 2019 was the first time holding elections in Indonesia that combined presidential and legislative elections. The holding of simultaneous elections is an implication of the Constitutional Court Decision Number 14/PUU-XI/2013 in the case of reviewing Law Number 42 of 2008 concerning the General Election of the President and Vice President. Simultaneous elections are an effort to strengthen the presidential system. The research method used in this paper is normative juridical, which is defined as a procedural scientific research in order to find facts based on the scientific logic of law. The results of this study show that there is a positive trend towards holding simultaneous elections, namely increasing citizen participation to elect their leaders. In addition to the resulting positive trend, simultaneous elections also have drawbacks. The deficiency in question is the large number of sick and even death victims that occur in KPPS members. There are two causes of this incident including 1). The transition to the implementation of the electoral system which results in the addition of the work duties of KPPS members, 2). There was fraud in the recruitment of KPPS members which resulted in integrity and professionalism, so that KPPS members felt worried and stressed which had an impact on decreasing body health.]]>
<![CDATA[Constituent Recall bagi Anggota Dewan Perwakilan Daerah (DPD) RI ]]>
<![CDATA[Muhammad RM Fayasy Failaq]]>;
<![CDATA[Rohmatin Dwi Arti]]>;
<![CDATA[Audina El-Rahma]]>;
<![CDATA[Rizki Maulana Syafei]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[DPD institution has many problems. On the other hand, the recall mechanism (PAW) as a forum that guarantees DPD accountability to the constituents is also problematic. It has been proven, in practice since 2014, recalls in the DPD have not been carried out as effectively as in the DPR. Recall arrangements which are mandated by the constitution through Act of Legislative produce two main focuses of this research in the form of dissecting problems and providing recommendations for arrangements whose output is reforming laws. This research method is normative juridical with qualitative data analysis from legal materials related to the theme. This study concludes that the problem of recall in the DPD is in the form of a mechanism that is less participatory for local communities as well as potential conflicts of interest because it is resolved dominantly internally by the DPD leadership and BK (Honorary Board) of the DPD. Then, the ideal recall for the DPD is a constituent recall with the Regional Government (Governor and Provincial DPRD) which proposes an interim termination on the basis of the argumentation of the reciprocal relationship between the two on the aspect of regional autonomy. In order not to be co-opted, the regional government is obliged to make the aspirations of the people the main substance of the recall. In addition, decisions can be more objective and careful because there is a relationship of checks and balances between the Governor and the Provincial DPRD.]]>
<![CDATA[Jaminan Hak Pilih Warga Binaan Terhadap Keikutsertaan Dalam Pemilu Ditinjau Melalui Putusan MK 20/PUU-XVII/2019 ]]>
<![CDATA[Nabila Azmi Rahmaningrum]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The study is aimed at recognizing the share of non-citizen voting rights as an electoral ruling by mk 20/ puu-xvii /2019, the problem in this study is how protection and compensation of the people's voting rights in elections will be covered by an mk 20/ puu-xvii /2019 then how the election commission will play on the voting rights of the people. The study employed a normative study method using a constitutional and conceptual approach, a data source of primary and secondary data. Voting is a universal and inherent right within the duham, which basically claims that each citizen has the right to participate in the government, one of the most vulnerable groups in the election of human beings. A constitutional court ruling 20/ puu-xvii /2019 on the examination of the 2017 law number 7 on the elections of the constitution of the republic of Indonesia in 1945, In the context of the voting rights are highly positive and are provided with ease for those registered to the additional electoral voter (DPTB), it is not at all disadvantaged that the moving administration can proceed by 7 (seven) vote days and can use a certificate if they do not have an electronic id.]]>
<![CDATA[Demokratisasi Internal Partai Politik di Indonesia Dalam Proses Rekrutmen Calon Kepala Daerah ]]>
<![CDATA[Zieyad Alfeiyad Ahfi]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[In modern democracies, political parties are the means of connecting people with government. The existence of political parties is mandatory because it is a forum for public participation to exercise their political rights in becoming a candidate for leader. This paper analyzes the internal democratization of political parties in Indonesia in the recruitment process for candidates for regional heads. This research is a normative legal research using primary, secondary and non-legal sources. The finding of this study is that in the recruitment process for candidates for regional heads, there is still a process that is not transparent so that it is not participatory. This is because of the privillege owned by political parties as a mandatory democratic facility and the high cost of politics so that political parties apply unwritten rules, namely political dowry. There are two solutions that the author offers to decide the problem of political dowry, namely: First, provisions regarding the recruitment of candidates for regional heads must not be fully given to political parties, second, political financing must be re-regulated, lest any personal money enter the politics.]]>
<![CDATA[Studi Kaderisasi Terhadap Partai Amanat Nasional (PAN): Problematika Calon Legislatif Artis ]]>
<![CDATA[Muhammad Irfan Dhiaulhaq AR]]>
<![CDATA[ Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Islam Indonesia ]]>
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<![CDATA[The participation of political parties in elections often creates its own container. Political parties function as a place where public interests congregate, articulate them into policies and build structures for individuals to participate in politics. This makes the essence of the election heats up. As Indonesia prepares for the 2024 elections, political parties are competing to create an effective regeneration system to produce quality candidates and improve the party's image. However, the focus on nominating high-profile and popular candidates, including celebrities, has marginalized many party members, hindering their chances of becoming future leaders. This paper aims to explore the challenges faced in developing party elite cadres in the National Mandate Party (PAN) and propose comprehensive solutions to strengthen cadres and regain public trust in the party. The research methodology used is normative legal research, using a descriptive analytic approach to analyze problems and propose solutions based on primary and secondary legal sources. The findings and discussion highlight the need for an effective recruitment mechanism, strengthen the party's education programs, and promote the importance of selecting candidates on the basis of quality and competence rather than popularity. By overcoming these problems, PAN can strengthen its cadres and rebuild public trust, contributing to a stronger party with competent leaders who represent the aspirations of the people.]]>
