Politica: Jurnal Hukum Tata Negara dan Politik Islam最新文献

{"title":"Pemberian Remisi Bagi Koruptor di Indonesia Dalam Prespektif Hak Asasi Manusia","authors":"Rosalia Rosalia, Wagiman Wagiman","doi":"10.32505/politica.v11i1.9141","DOIUrl":"https://doi.org/10.32505/politica.v11i1.9141","url":null,"abstract":"The right to obtain remission in Indonesia is contained in Law Number 22 of 2022 concerning Corrections. Regarding the right to remission is contained in Article 34A paragraph (1) letter a of Government Regulation Number 99 of 2012 concerning Conditions and Procedures for Implementing the Rights of Prisoners. The problem that occurs is whether corruptors who harm the state and Indonesian society deserve remission. The issue of Justice Collaborator is also interesting to discuss because it has many pros and cons. This research is a doctrinal research with a statutory and conceptual approach. Legal materials are obtained from legislation, to strengthen the analysis, this research also uses some empirical and normative research results. The analysis of data is carried out using the content analysis method which focuses on the study of laws and regulations regarding remission. This study argues that the elimination of the requirement to become a Justice Collabolator for perpetrators of corruption will eliminate human rights because the right to obtain remission is not given immediately but there must be mandatory conditions and procedures that must be met for perpetrators of corruption. based on Article 29 paragraph (2) and Article 28J paragraph (2) of the 1945 Constitution that restrictions on the fulfillment of human rights can only be carried out for reasons carried out under the law and stipulated by law. Meanwhile, the elimination of the requirement to become a Justice Collaborator","PeriodicalId":260345,"journal":{"name":"Politica: Jurnal Hukum Tata Negara dan Politik Islam","volume":"47 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141795283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Disharmonisasi Konsep Hukum Dalam Undang-Undang Administrasi Pemerintahan di Indonesia","authors":"Nuruz Zakiyatul Mufidah","doi":"10.32505/politica.v11i1.8753","DOIUrl":"https://doi.org/10.32505/politica.v11i1.8753","url":null,"abstract":"Regularity and suitability between legislations and concepts of law are commonly used very important. that's aim to ensure certainty of law. regularity and stability are called harmonization in law. The law Number 30/2014 about administrative Governance is the first law for the management of decision-making and/or actions for government officials and/or government bodies in the Indonesian government. The People's Representative Council takes 10 years to draft a law about governance administration. So, The drafting of this law should have no gaps. the drafting harmonizes with other legislations and commonly used legal concepts in Indonesian law. Therefore, it is necessary to do legal research using a statute approach and a conceptual approach. The aim of this research is so that the research results can be used to revise administrative law in the future. As A result of this research, many concepts in the administration government of law are not harmonized with other legislations and commonly used legal concepts. Firstly, administrative law concepts, secondly Court concepts, thirdly government concepts, fourthly disharmonization concepts of administration decree, and fifthly disharmonization of legal forming princips, sixty disharmonization concession concepts and then the drafting does not harmonize between norm and implementation.","PeriodicalId":260345,"journal":{"name":"Politica: Jurnal Hukum Tata Negara dan Politik Islam","volume":"25 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141837539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perdagangan Barang Impor di Pulau Sebatik Kalimantan Utara Perspektif Undang-Undang 7 Tahun 2014 Tentang Perdagangan","authors":"S. Sukmawati, Krisnadi Nasution","doi":"10.32505/politica.v10i2.7775","DOIUrl":"https://doi.org/10.32505/politica.v10i2.7775","url":null,"abstract":"No country can create and produce all the goods and services needed to meet the needs of its population. The limited natural resources each country has cause international trade activities. This research explores further international trade in Indonesia. This research aims to analyze the legality of imported goods from Tawau, Malaysia, entering Sebatik District. Apart from that, how are the trade arrangements for imported basic necessities for residents of Sebatik Island, Nunukan Regency, regarding imported basic necessities entering Sebatik Island, Nunukan Regency? This research is a normative legal study. The approach used in this research consists of a statute approach and a conceptual approach. The types and sources of legal materials used are primary legal materials, secondary legal materials, and tertiary materials. The results of this research show that: first, trade in imported goods for basic materials in Sebatik according to Law 7 of 2014; second, trade according to Government Regulation Number 34 of 2019; and third, trade according to the 1970 Border Trade Agreement, which outlines the privileges of border residents, namely Sebatik Island; and second, the trade in imported goods that occurs is in accordance with the laws and regulations in force in Indonesia.","PeriodicalId":260345,"journal":{"name":"Politica: Jurnal Hukum Tata Negara dan Politik Islam","volume":"4 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139147282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perlindungan Hukum Hak Pilih Penyandang Disabilitas Mental dalam Pemilihan Umum di Indonesia","authors":"Fitri Kartika Sari, Kusaimah Kusaimah, S. Salman","doi":"10.32505/politica.v10i2.7516","DOIUrl":"https://doi.org/10.32505/politica.v10i2.7516","url":null,"abstract":"People with mental disorders being involved in the 2024 election is an interesting topic of discussion. In this context, there are many pros and cons. The question arises as to whether those with mental disorders have the right to vote. This is interesting to research and review. This article aims to analyze the right to vote for people with mental disabilities in the 2024 elections. Apart from that, this research also analyzes the Constitutional Court decision Number 135/PUU-XIII/2015. This research departs from a normative study with a statute approach. This approach is used to view and analyze legal aspects related to the problems in this research. This article argues that the legal regulation of the right to vote in elections for disabled people with mental disorders is regulated in Article 4 paragraph (2) letter b and Article 4 paragraph (3) General Election Commission Regulation (PKPU) Number 11 of 2018 concerning the Compilation of the Domestic Voter List. The General Election Organizers were then revised with PKPU 37 of 2018, which deleted the provisions of Article 4 paragraph (2) letter b and Article 4 paragraph 3 in order to comply with the decision of the Constitutional Court. People with persistent mental or memory disorders do not have the right to vote in elections.","PeriodicalId":260345,"journal":{"name":"Politica: Jurnal Hukum Tata Negara dan Politik Islam","volume":"286 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139177427","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Membangun Hutan Lestari: Analisis Undang-undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup","authors":"Febrian Chandra, Harmaini Harmaini, Fitri Kartika Sari","doi":"10.32505/politica.v10i2.7514","DOIUrl":"https://doi.org/10.32505/politica.v10i2.7514","url":null,"abstract":"The purpose of writing this scientific article is to identify and analyze management supervision in the forestry sector in general in the context of forest protection in industrial plantation forests, because the sustainable implementation of industrial plantation forests in principle requires government involvement in community activities through legal instruments. in the form of permits. Sometimes government policies regarding participation in community activities do not end in just one stage, but rather go through several policies. As a research method, a normative research method was used, the results of which are as follows: Because this is an industrial plantation forest, the special basic law, namely. H. Forestry Law no. 41 of 1999 and newer laws. Regional Government Law no. 23 of 2014. Although the Environmental Protection and Management Law no. 32 of 2009 has different content, because it relates to environmental permits in general. Industrial forest plantation permits, known as IUPHHK-HTI, are issued by authorized officials from the Minister of Environment and Forestry, taking into account recommendations from the governor where the permit is issued. In this case, the authorization procedure actually requires preventive checks, because preventive checks are to avoid possible errors with the ultimate goal of ensuring forest sustainability.","PeriodicalId":260345,"journal":{"name":"Politica: Jurnal Hukum Tata Negara dan Politik Islam","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139003140","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Politik dan HAM: Analisis Yuridis Regulasi Presidential Treshold Pemilihan Calon Presiden di Indonesia","authors":"Tika Puspita Sari, Yati Sharfina Desiandri","doi":"10.32505/politica.v10i2.7488","DOIUrl":"https://doi.org/10.32505/politica.v10i2.7488","url":null,"abstract":"Democracy in the government system places emphasis on power in the hands of the people; however, with the approval of election law number 7 of 2017 regarding the regulation of threshold requirements for presidential and vice presidential candidates, it is considered detrimental to the people because the additional conditions related to the administrative requirements for presidential and vice presidential candidates are deemed to be contradictory. With the 1945 Constitution Article 6A paragraph (2) and Article 28 D paragraph (3) on human rights, especially the right to participate in politics, the space for democracy is limited because, basically, Indonesian people have the right to vote and choose. In fact, it has been proven that there are only two candidates for president and vice president in the 2014–2019 and 2019–2024 election periods, forcing the public to choose the candidates that have been provided, even though these candidates are not necessarily the candidates that the public expects, thus giving the impression of forcing personal human rights to participate. in the presidential election. In this research, the author uses a normative legal research method in the form of a library search. The results of the research show that the nomination requirements regulated in the 1945 Constitution, Article 6A paragraph (2), do not regulate thresholds, but there are additional requirements in Article 222 that have become controversial, so that the threshold causes the loss of political rights to be able to suggest presidential and vice presidential candidates. Conflicts can destroy democracy. . Indonesia. People and political parties who want to run for the presidential election cross the threshold so that entering a presidential system gives rise to limited democracy. This is because national hopes still require a judicial review to guarantee the upholding of human rights, which hampers the process of emerging more alternative leadership candidates to realize people's welfare. From a benefit perspective, whatever government policy, must take into account the aspirations of its people, so that government policy must be in line with the public interest.","PeriodicalId":260345,"journal":{"name":"Politica: Jurnal Hukum Tata Negara dan Politik Islam","volume":"138 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138982532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tindakan Kekerasan Dalam Sistem Hukum Di Indonesia: Studi Kasus Putusan Nomor 899/pid.Sus/2023.Pn Medan","authors":"D. Puspita, Rinnauli Saragih, Sellia Rahmawati, Tegar Alif Haykal Parapat, Parlaungan Gabriel Siahaan, Dewi Pika Lbn Batu","doi":"10.32505/politica.v10i2.7210","DOIUrl":"https://doi.org/10.32505/politica.v10i2.7210","url":null,"abstract":"Violence is becoming more common as society, technology, and human individualism develop. In this study, acts of violence against people or objects together in public occurred one day, Sunday, February 19, 2023, at approximately 02.15 WIB. carrying out a brawl on the Titi Besi Bridge (Bridge 39), which is on Jalan Yong Panah Hijau, Environment V, Labuhan Deli Village. Based on this case, the problem that the author wants to study is: what are the stages in the process of criminal acts of violence against people or property in the Medan District Court based on the procedural law in Decision Number 899/Pid.Sus/2023/Pn Mdn, and what is the decision of the Council? The judge is in accordance with the laws that regulate acts of violence, one of which is Article 170 Paragraph 1. In this research, the method used is qualitative, namely juridical-normative, which means that this legal research only uses secondary data or related library materials, and the data collection technique used is examining the results of Decision Number/899.Pid.Sus/2023/Pn Mdn and also related books and journals. The aim is to obtain an in-depth understanding and theoretical basis regarding the problem being researched. In the verdict of the crime of violence against the defendant Muhammad Saidi Amri Number (899.Pid.Sus/2023/Pn Mdn),  he was proven to have violated Article 170 Paragraph (1) and received a prison sentence of 2 years in prison, including a period of detention and arrest. So it is not in accordance with Article 170 Paragraph (1), which states that if someone commits a criminal act of violence openly in public, he will be sentenced to 5 years and 6 months.","PeriodicalId":260345,"journal":{"name":"Politica: Jurnal Hukum Tata Negara dan Politik Islam","volume":"18 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139209490","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Praktik Sistem Nomokrasi Islam: Potret Kebebasan Ruang Publik Masyarakat Sipil Aceh","authors":"J. Junaidi, Ita Rodiah","doi":"10.32505/politica.v10i2.6574","DOIUrl":"https://doi.org/10.32505/politica.v10i2.6574","url":null,"abstract":"The study examines the Islamic public sphere by exploring civil society access in Aceh. The Islamization of public space in Aceh can be attributed to the Islamic nomocracy system that has been implemented. Under this system, Islamic Sharia law serves as the fundamental framework governing all aspects of life in the Aceh region, as outlined in Law No. 18 of 2001, which granted Special Autonomy Status to Aceh and was later replaced by Law No. 11 of 2006 concerning the Aceh Government. The researcher’s objective is to provide an overview of public space in Aceh, serving as a foundation for evaluating the effectiveness of Sharia implementation by the Indonesian government in Aceh. The research methodology employed in this study is library research, involving the examination of books, journal articles, notes, documents, previous research reports, and reports from internet websites. Content analysis techniques are utilized for data analysis. The study’s findings reveal that the freedom of public space for civil society in Aceh is constrained by the Islamic nomocracy system in place. These constraints extend to various aspects, including politics, where not everyone enjoys the right to stand for election; finance, which mandates the use of Sharia-compliant financial systems; and religious discourse, which limits the expression of non-Muslims based on their beliefs. In addition, within Islam, religious discourse is confined to the Shafi’i, Asy’ari-Maturidi, and Imam al-Ghazali madhabs.","PeriodicalId":260345,"journal":{"name":"Politica: Jurnal Hukum Tata Negara dan Politik Islam","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139236969","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Antara Terbuka, Tertutup, dan Campuran: Mencari Format Sistem Proporsional dalam Pemilihan Umum Legislatif di Indonesia","authors":"Abd Hannan, Zainuddin Syarif","doi":"10.32505/politica.v10i2.6354","DOIUrl":"https://doi.org/10.32505/politica.v10i2.6354","url":null,"abstract":"This study focuses on discussing the debate around the ideal format of the general election system in Indonesia, between open, closed, and mixed proportional systems. There are three research questions raised in this study, how is the application of a proportional system in the dynamics of elections in Indonesia? What are the weaknesses and strengths of implementing a proportional electoral system in Indonesia, both with open and closed systems? Is it possible for two electoral proportional systems (open and closed) to be mated into a new system, a mixed proportional system, for example? This research was conducted based on a qualitative approach. The sources and types of data used are secondary data, especially those from library materials such as books, journals, previous research results, and information media, both print and online. After analyzing field data based on the perspective of political sociology theory, this study found the finding that since it was first held in 1955, elections in Indonesia have used a proportional system to date, starting from a closed system and then moving on to an open system. At the practical level, both of these approaches have weaknesses. Closed proportionality tends to weaken people's participation, while open proportionality makes political parties not optimally carry out their party functions. In order to bridge this problem, a new approach is needed, one of which is to implement a mixed member proportional (MMP) system. In general, the idea of a mixed proportional system has advantages in terms of strengthening the function of political parties and the participation of the people to directly elect their representatives.","PeriodicalId":260345,"journal":{"name":"Politica: Jurnal Hukum Tata Negara dan Politik Islam","volume":"101 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139240559","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kontribusi Dosen Hukum PTKIN Dalam Penyelesaian Sengketa Adat di Aceh","authors":"F. Fakhrurrazi, Rasyidin Rasyidin, Muhammad Haikal Ananda","doi":"10.32505/politica.v10i2.7013","DOIUrl":"https://doi.org/10.32505/politica.v10i2.7013","url":null,"abstract":"The existence of Adat in Aceh is getting stronger after the MoU between the Indonesian government and the Free Aceh Movement. However, it cannot be denied that customary disputes continue to occur. Lecturers as academics are required to be involved in the customary settlement process because this is a form of lecturer service to the community. This paper aims to look further at the involvement of PTKIN lecturers in Aceh in the customary dispute resolution process. This research resulted from an empirical study using a sociological approach. The sociological approach looks at how the activities of the Acehnese indigenous people contribute to resolving customer disputes. This study focuses on two PTKIN consisting of lecturers at UIN Ar-Raniry and IAIN Lhokseumawe. Data sources were obtained from interviews and observations; data analysis was carried out by means of data reduction obtained from the interviewer, and then analysis was carried out. The results of this study indicate that practically, law lecturers, with their scientific discipline, have contributed to the resolution of customary disputes. The law lecturer at PTKIN has carried out several stages of customary dispute resolution, starting from examining the problem, carrying out mediation, and reviewing legal norms that are used as a reference in dispute resolution. The strategy for resolving disputes is carried out by classifying the problem and bringing it closer to the legal aspect so as to produce a balanced solution both in terms of aspects of religious law and state law. Obstacles and problems that occur are related to the lack of agreement between the parties regarding customary decisions, so the parties choose the path of litigation (court). The litigation route is the last alternative when an agreement cannot be reached through a customary decision.","PeriodicalId":260345,"journal":{"name":"Politica: Jurnal Hukum Tata Negara dan Politik Islam","volume":"102 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139248264","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}