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Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Published by Universitas Islam Indonesia
ISSN : -     EISSN : 30218586     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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.
Arjuna Subject : Umum - Umum
Articles 17 Documents
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Search results for , issue "Vol. 2 No. 5 SEPTEMBER 2024" : 17 Documents clear
Analisis Penyelesaian Perselisihan Hasil Pemilihan Presiden di Indonesia Prioni Rahmanda Saputri
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research is motivated by the Authority of the Constitutional Court in deciding disputes over the results of the Presidential Election in Indonesia. The Constitutional Court has the authority, including deciding disputes over presidential election results, to protect the constitutional rights of citizens, including the right to vote and be elected. Even though the election went smoothly, there was dissatisfaction which gave rise to disputes, which the Constitutional Court had an important role in resolving. This research aims to provide better insight into the role of the Constitutional Court in maintaining integrity and justice in the democratic process in Indonesia, as well as identifying the challenges and opportunities faced in resolving disputes over the results of the presidential election. The method used in this research is normative law with primary and secondary data sources. This research concludes that the discussion highlights the importance of the Constitutional Court (MK) in maintaining integrity and justice in Indonesian democracy. The Constitutional Court, as the front guard in upholding the rule of law and democratic principles, provides confidence that the presidential election is trustworthy and guaranteed to be fair by an independent institution. However, resolving disputes over the results of the Presidential Election faces obstacles such as political contestation and lack of compliance. Strong commitment, mutual understanding, and increased capacity of dispute resolution institutions and law enforcement are needed to overcome these obstacles.
Politik Perempuan dalam Pemilihan Umum Tahun 2024 dan Tantangan Menuju Kesetaraan Gender Anang Dony Irawan; Devi Mutiara Sanni; Desi Farika Ambarwati; Arin Vevi Ayu Putri Hermawan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This research aims to analyze women's political rights and position in the 2024 General Election and identify the challenges faced in achieving gender equality. Women's rights and political position are the main focus, with an emphasis on their participation and representation in the political process in the 2024 General Election. The issue of women's representation is very important because many policies are considered not pro-women, such as the Draft Law on the Elimination of Sexual Violence and many more. Even though the quota has not yet been reached, this year the representation of women has increased. There needs to be special attention to the issue of women's representation in politics. The method used in this research is normative legal research with a statutory regulation approach. Data was collected from primary and secondary sources related to the political position of women in the 2024 General Election and the challenges towards gender equality. This is important to analyze in depth as a representation that women and men are equal, so that they have the same rights in the implementation process of the General Election. Continuous commitment is needed from all levels of society to achieve this goal. This conclusion emphasizes that to achieve gender equality in politics, integrated efforts are needed from various parties, including the Government, civil society, educational institutions and the media. Only with strong cooperation can we hope to create a more inclusive and equal political environment for women.
Rekonstruksi Penyelesaian Sengketa Pemilu dan Paradigma Hakim dalam Putusan MK Nomor 2/PHPU.PRES-XXII/2024 Aprilian Sumodiningrat
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Disputes over General Election Results (hereinafter abbreviated as PHPU) are dispute resolutions in the Constitutional Court based on the authority regulated in Law Number 7 of 2017 concerning Elections and Law Number 24 of 2003 concerning the Constitutional Court. There are fundamental problems in PHPU Presidential Elections regarding the resolution of violations that are structured, systematic, and massive. This study has conclusions, namely: First, the majority of judges have a fairly moderate view in viewing the position of the Constitutional Court to examine and prosecute violations of a TSM nature. However, all three constitutional judges have a dissenting opinion that uses the original intent method of interpretation in interpreting the authority. Second, there needs to be an expansion of the meaning of structured, systematic, and massive violations, and regarding time limits in PHPU in the Constitutional Court to produce substantive justice.
Problematik Alat Peraga Kampanye: Penanganan Pelanggaran Pemilu dan Dampak Sampah Visual Mazdan Maftukha Assyayuti; Aulia Rachman Eka Putra; Dandi Dwie Lisadi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Campaign props for the 2024 election are still problematic, one of which is against installations that are not in accordance with the rules. This study aims to analyze: first, handling violations against the installation of campaign props; second, the environmental impact due to the emergence of campaign props waste; and third, the regulation of campaign props in other democracies. Statute approach and comparative approach become methodological in this study. Based on the results of this study, first, the handling of alleged APK installation violations by Bawaslu is only limited to clearly regulated APKs which are then issued recommendations and suggestions for improvement. Secondly, the environmental impact of APK garbage includes various negative aspects that affect not only the cleanliness and beauty of the city, but also the sustainability of the environment more broadly. Third, restrictions are needed on the installation and procurement of APKs so that all election participants have equal fairness over space.
Desain Pemilu Ideal: Kedekatan Optimal dengan Implikasi Coattail effect Fyna Rahmatika Elba; Enika Maya Oktavia; Dimas Nur Akbar Palatal; Pinto Kaganti Afwan Halim
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

General elections are pivotal moments in the dynamics of a country's democracy, including in Indonesia. Elections involve various political parties coalitioning to nominate their leaders. This study compares the coattail effect's impact on the 2019 and 2024 elections. The research method employs a normative approach with comparative, conceptual, and historical analyses. Secondary data were collected from various sources. The results indicate differences in the coattail effect's impact between the two elections. Although the popularity of presidential candidates can influence the vote share of their supporting political parties, the effects are not always consistent. In the 2024 election, Prabowo-Gibran won the majority vote, but the coattail effect only occurred for their main supporting party. Conversely, in the 2019 election, PDIP and PKB experienced a more significant coattail effect. The analysis also suggests that the ideal electoral design with a coattail effect involves changing the electoral system to a closed proportional system and removing the Presidential threshold. This study is crucial for understanding the political dynamics within Indonesia's democratic system.
Urgensi Pembentukan Undang-Undang yang Mewadahi Lembaga Independen sebagai Perwujudan Green Election dalam Green Constitution Ismawati Septiningsih; Itok Dwi Kurniawan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Elections are a method of direct voting to elect leaders at the executive and legislative levels. This election concept is commonly found in countries with democratic government systems. There are various problems in this system. These problems include the accuracy of voter data, problems in logistics, and low community participation. There are various factors that underlie this problem. The election procedure in Indonesia which is still conventional is suspected to be one of the causes. In the last general election, which was held simultaneously, it resulted in many casualties. The problems that occurred in the use of the conventional method itself became a problem from the beginning of the formation of the KPU. Technological developments require people to be able to adapt quickly and the impact of the Covid-19 pandemic that attacks almost all over the world has clouded the atmosphere. As a result, people have to limit their activities at homeTherefore, we need a new method and procedure in organizing this democratic party. Green Election is an election method using technology as the basis. This concept is considered efficient because it reduces paper usage and is considered energy friendly. This is in line with Indonesia's commitment to protecting the environment. And in line with the SDGs concept agreed upon by various countries. However, the application of this concept also requires maturity related to existing infrastructure and technology. So that the application of this technology can be used optimally by the entire community
Implikasi Etika Penyelenggara Pemilihan Umum terhadap Penegakan Demokrasi di Indonesia: Sebuah Evaluasi Akhyaroni Fu’adah
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 2 No. 5 SEPTEMBER 2024
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study explores the violation of the Code of Ethics by the election management body and its effect on the democratic state. As a public official, the head of the General Elections Commission (KPU) should be cautious and aware of his actions. The head of the General Elections Commission (KPU) has gotten a sanction, namely a warning sanction, strict warning sanctions, and the last strict warning sanction. However, the Election Supervisory Board (DKPP) provided the verdict for Hasyyim Ash’ari is weaker compared to the former head of KPU. This action is considered a violation of the professionality and integrity principle. This research employed the normative legal method, focusing on the analysis of the legal documents, particularly in the context of the code of ethics. The statutory approach was adopted to study laws and regulations in a comprehensive manner. The findings of this study have a significant impact on democracy enforcement, as a result. This study proposes that the DKPP Law on procedural guidelines should be revised, such as providing decision-making methods.

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