Jurnal Hukum Magnum Opus

Presidential Nomination in the Indonesian Legal System

Muhammad Afdhal Askar — 2024-02-26

The background to writing this article was oligarchic practices in the Presidential Election process of the Republic of Indonesia. This writing aims to determine the causes of oligarchic practices and the importance of restructuring the presidential nomination process in the General Election in Indonesia. This research uses normative juridical research by testing positive legal norms with various theories and provisions for drafting laws. From this research, it is known that the practice of orligarchy occurs because the requirement for presidential nominations must be through a political party, while the internal processes of political parties are often not transparent because decisions are often made only by elite groups or the general chairman. This is not in accordance with the spirit of deliberation and popular sovereignty as stated in the 4th Principle of Pancasila and UUD NRI 1945. Therefore, the provisions of Article 222 of Law No.7/2017 which contain provisions for presidential nomination must be made more stringent by including provisions for the nomination process that more transparent through opportunities for access and evaluation of the community as voters.

Legal Consequences of Difference in The Results of Two Visum Et Repertum in Proving Criminal Case in Indonesia

Muhammad Firmansyah — 2024-02-26

In criminal cases, visual evidence is used to reveal the cause and effect of a criminal act. If there are two different visual outcomes in Brigadier Joshua's case, then the question arises as to which choice of visum will be recognized as valid evidence by the judge in considering his decision. The formulation of the problem in this study is how the legal consequences of the difference in the results of two visum et repertum in the evidence system in Indonesia. This study aims to examine the legal consequences of the difference in the results of the two visum et repertum in proving criminal cases in Indonesia. This study used normative legal research. The approach used in this study is to use a statutory approach and a conceptual approach. The results of this study showed that the case of the visual results in Brigadier Josua had 2 different results. Therefore, the principle of Indonesian criminal procedural law, finding material truth is very important in proof in the criminal justice process. What is meant by "incriminalibus probantiones bedent esse luce clariores" is that evidence in a criminal case must be brighter than clear. There will be legal confusion in determining which law enforcement officials will be used as a benchmark in assessing valid evidence according to the rules of the Criminal Procedure Code if there are differences in the results of visum et repertum in a criminal case. The procedures outlined in the Instruction of the Chief of Police Number: INS/E/ 20/IX/75 concerning procedures for making visum et repertum and its revocation must be followed in making visum et repertum. To find out the cause and effect of a criminal act that occurs, as well as to collect information and seek the objective truth of a criminal act related to the relationship between the act and the consequences it causes.

Analysis of Interfaith Marriage Registration in Indonesia: A Review of Regulations and Judicial Practices Post- Supreme Court Circular Letter Number 2 of 2023

Sari Nurdiani — 2024-02-26

Interfaith marriage has long been a reality in Indonesia's multicultural society. As experienced by celebrity couple Jamal Mirdad and Lydia Kandou, it has been a subject of debate among both the public and legal experts, illustrating the complexity of marriage laws in Indonesia. SEMA No.2/2023, was issued with the hope of ending the polemic, but it instead sparked controversy as it was considered inconsistent with the law, violating the principles of religious freedom and the constitutional rights of citizens and diversity. This research aims to understand the regulations regarding interfaith marriages in Indonesia and explore the court's practices in handling cases of interfaith marriages before and after the issuance of SEMA No.2/2023. A normative juridical research method is employed in this academic work, using two main approaches: the statute approach to examine relevant legal regulations and the analytical approach focused on data analysis and interpretation. The research findings indicate the need to harmonize and clarify the regulations governing the recording of interfaith marriages in Indonesia to put an end to the polemic. Although SEMA No.2/2023 was issued as a guide for judges in deciding on the recording of interfaith marriages, there are still court decisions approving applications for the recording of interfaith marriages after the issuance of SEMA.

Decision of the Constitutional Court of the Republic of Indonesia regarding Criminal Procedure Law in Criminal Law Enforcement in the City of Kediri

Siti Nurhayati — 2024-02-26

Several decisions of the MK formulated new arrangements regarding criminal procedural law in Indonesia. However, the legislature has yet to follow up. Therefore, this study focuses on describing and providing prescriptions regarding MK decisions which were followed up by criminal law enforcement officers in Kediri City along with the embodiment of the principle of legal certainty. Legal research (which is certainly normative) uses statutes, case and conceptual approaches. This research was conducted in the City of Kediri by collecting primary, secondary, and non-legal legal materials using library research, interviews, and focus group discussion techniques. Analysis in research is prescriptive to find the truth of coherence. As a result, first, the decisions of the MK that changed several articles in the criminal procedural law in Indonesia have been followed up by criminal law enforcement officials in the City of Kediri through the centralized policies of each institution. Second, several policies following up on the MK decision have guaranteed the realization of the principle of legal certainty, except for the issuance of a circular letter from the MA which confirms that a request for review is only 1 (one) time. However, these follow-up actions are not actually within the authority of each institution and are still partial in nature, giving rise to relatively one-sided interpretations and disparities in the handling of criminal cases.

Pecalang Regulations Within the Framework of the Village Government System

Diastama Anggita Ramadhan — 2024-04-01

Pecalang, a traditional village in Bali, is a sub-system in the governance of a traditional village in Bali, whose job is to maintain security and order in the territory of the customary village authority. Pecalang existed before the emergence of village regulations in Indonesia. It becomes a problem when the Pecalang sub-system is viewed from the perspective of village regulations. This problem is studied in this research. The research method used is normative juridical using secondary legal data. The results of the study show that Pecalang based on Article 103 Law No.6/2014 concerning Villages which provides an explanation regarding the Authority of Traditional villages, the presence of customary Pecalang domiciled in each customary village in the Province of Bali already has legality. In addition, Pakraman Village itself has awig-awig and pararem which function as customary village regulations which in it provide arrangements for Pecalang custom This has clearly illustrated that the presence of customary Pecalang is in accordance with the corridors of the village government system with all the relevant laws and regulations that govern it.