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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 296 Documents
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Problematik Pengaturan Frasa Gangguan Lainnya Sebagai Syarat Pelaksanaan Pemilu Lanjutan Dan Pemilu Susulan (Studi Undang-Undang Nomor 7 Tahun 2017 tentang Pemilihan Umum) Muhammad Erfa Redhani; Retno Widiastuti; Aprillia Wahyuningsih
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

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.  
Analisis Perbandingan Syarat Kualitatif Anggota Majelis Syuro dengan Kriteria Pemilih dalam Sistem Pemilihan Umum Presiden di Indonesia Ahmad Sadzali
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

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.
Kelebihan dan Kekurangan Pemilu Serentak Indonesia: Studi Kasus Terhadap Kematian Anggota KPPS Pada Pemilu Serentak 2019 Fikri Himawan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

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.
Constituent Recall bagi Anggota Dewan Perwakilan Daerah (DPD) RI Muhammad RM Fayasy Failaq; Rohmatin Dwi Arti; Audina El-Rahma; Rizki Maulana Syafei
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

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.
Jaminan Hak Pilih Warga Binaan Terhadap Keikutsertaan Dalam Pemilu Ditinjau Melalui Putusan MK 20/PUU-XVII/2019 Nabila Azmi Rahmaningrum
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

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.
Demokratisasi Internal Partai Politik di Indonesia Dalam Proses Rekrutmen Calon Kepala Daerah Zieyad Alfeiyad Ahfi
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

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.
Studi Kaderisasi Terhadap Partai Amanat Nasional (PAN): Problematika Calon Legislatif Artis Muhammad Irfan Dhiaulhaq AR
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

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.
Kaderisasi Partai Politik untuk Diajukan Calon Legislatif dan Kepala Daerah Muhammad Rizki Ramadhani
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The purpose of this study is the first, to determine the impact of poor cadre formation in political party organizations on the performance of cadres in the leadership process. Second, to find out why many political party cadres are actually loyal to the general chairman, not to the people. This study uses a research method with the type of normative legal research (normative law research). The data sources used in this study are primary data sources and secondary data sources as well as primary, secondary and tertiary legal materials. The data collection method used was literature research and analyzed using qualitative descriptive analysis techniques. Based on the results of research and discussion, it can be explained as follows. First, Cadreization that is equipped with moral, character, ethical education, or maybe given an understanding of theology, it is hoped that the output of cadres resulting from a cadre procession like this is none other than superior cadres who are broad-minded, become true statesmen, put aside group interests. first and prioritize the common good by placing the interests of the nation and state above all else. Second, this cadre based on threats, instructions, hegemony by scaring cadres is perhaps what makes diaspora cadres just complementary, for decisions requiring compromise from a general chairperson, if there are cadres who are at odds with the general chairperson, which is a concern for cadres, for example as an example there are diaspora cadres who have different understandings or are different in formulating policies and decisions who are afraid of being fired or reshuffled so that their positions are mixed, this is a paradox that has definitely happened in constitutional politics.
Diskursus Demokrasi Deliberatif Dalam Membina Hubungan Wakil Rakyat Dan Konstituen Pasca Pemilihan Umum Dasul Santoso
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

The dynamics of the relationship between people's representatives and constituents today cannot only be interpreted in the stages before and when general elections are held, but needs to be understood as a whole, especially regarding how guaranteeing the implementation of the goals of post-election representative democracy ends in fostering relations between people's representatives and constituents. The discussion in this study focuses on fundamental questions about the influence of the responsibilities of representatives of the people to constituents after the election on public trust which is then elaborated with the application of the concept of deliberative democracy. This research method is carried out using a doctrinal approach. The results of the study describe that in the implementation of representative democracy in Indonesia, there is a democratic deficit which causes distrust of representative institutions due to policy configurations that are considered elitist and unresponsive. With the approach of applying the concept of deliberative democracy, it can be an alternative in solving problems between people's representatives and constituents through mutual agreement in determining policy directions.
Peran Kaderisasi Partai Politik Dalam Pengajuan Calon Legislatif Dan Kepala Daerah Rahmat Alghazali Zainur H
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 1 No. 4 NOVEMBER 2023
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This paper discusses the importance of regeneration of political parties in preparing qualified candidates for legislative and regional heads. Inclusive representation, especially in terms of gender justice, is also the focus of this writing. The purpose of this writing is to explore an understanding of the process of regeneration of political parties, the challenges faced, and efforts that can be made to improve the quality of regeneration and ensure more inclusive representation, especially in terms of gender justice. The research method used is a literature study. This study identified that the regeneration of political parties is an important process in preparing qualified candidates for legislative and regional heads. Efforts to improve the quality of cadres and ensure more inclusive representation need to be made. Challenges faced in the regeneration of political parties include favoritism, discrimination, lack of transparency, and minimal participation of women. Some efforts that can be made to improve the quality of cadre formation and achieve inclusive representation include implementing affirmative policies, gender quotas, special education and training, as well as building networks and mentoring.

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