cover
Contact Name
Detania Sukarja
Contact Email
detasukarja@usu.ac.id
Phone
+6281375135425
Journal Mail Official
kennyjesica@gmail.com
Editorial Address
Jl. Sivitas Akademika No.9, Padang Bulan, Kec. Medan Baru, Kota Medan, Sumatera Utara 20155
Location
Unknown,
Unknown
INDONESIA
Acta Law Journal
Published by TALENTA PUBLISHER
ISSN : -     EISSN : 29642264     DOI : https://doi.org/10.32734/alj.v1i1.9829
Core Subject : Social,
Acta Law Journal does not exclusively publish articles relating to Notarial Law, but also publish articles on other various fields of law, which include but not limited to Business Law, Company Law, Tax Law, Civil Law, Administrative Law, Customary Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 32 Documents
Interim Election as a Transitional Electoral Design in Indonesia Yulida, Devi; Rini Anggreini
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23554

Abstract

The General Election serves as the primary means for citizens to carry out their sovereignty within Indonesias democratic framework. The Constitutional Court Decision Number 135/PUU-XXII/2024 introduced a major transformation by separating the National Election from the Regional Election, which had previously been conducted simultaneously. This separation aims to improve the quality of democracy and enhance electoral efficiency but simultaneously presents new challenges, notably the potential vacancy of Regional Representatives (DPRD) and regional heads during the 2029–2031 transition period due to differing electoral cycles. This study employs a normative juridical method with legislative and conceptual approaches to analyze the legal implications of the Court’s decision and to propose a constitutional solution through the concept of an Interim Election. The findings indicate that the Interim Election offers a legitimate and democratic mechanism to preserve the authority of representative institutions without extending their terms unconstitutionally. It applies only to DPRD members at the provincial and local levels, while regional head vacancies may be filled by acting officials in accordance with existing regulations. Therefore, the Interim Election provides a constitutional pathway to maintain governmental continuity, uphold the principle of periodic power limitation, and reinforce popular sovereignty in the aftermath of Constitutional Court Decision Number 135/PUU-XXII/2024.
Overlapping Authority In Judicial Oversight Komisi Yudisial V. Badan Pengawas Mahkamah Agung Jesica, Kenny
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23841

Abstract

Judicial oversight is a crucial element in maintaining the integrity and accountability of the judiciary in a state based on the rule of law. In Indonesia, this oversight function is carried out by two institutions namely Komisi Yudisial and Badan Pengawas Mahkamah Agung. However, their authority often overlaps, which not only gives rise to jurisdictional conflicts but also leads to institutional inefficiency and legal uncertainty. This study aims to analyze the authority of each institution based on laws and institutional practices, and to evaluate its impact on the effectiveness of the judicial oversight system. Using a normative and descriptive-analytical approach, this study finds that the unclear division of authority between Komisi Yudisial and Badan Pengawas Mahkamah Agung has hampered the oversight function, created waste of resources, and weakened public trust in the judiciary. This study recommends the need for inter-institutional harmonization of regulations or even restructuring of the judicial oversight institution to create a more efficient, integrated system that ensures legal certainty without sacrificing judicial independence.

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