Mimbar Keadilan

Presidential Threshold in The Election of The President and Vice President from A Constitution and Human Rights Perspective

Imam Sukadi — 2024-07-10

Art 222 Law Number 7 year 2017 concerning General Elections, regulates the provisions of the threshold where the acquisition of seats in the DPR must be 20 percent or obtain valid votes nationally as much as 25 percent then political parties can nominate and nominate pairs of presidential and vice-presidential candidates. Setting the Presidential Threshold in the election of President and Vice President in Indonesia from a constitutional and human rights perspective brings its own problems in the Indonesian constitutional system. The Presidential Threshold system does give rise to privileges for certain parties. This is because only parties that meet the threshold can compete directly in the presidential election. It is for this reason that the privileges of these major parties have given birth to political cartels. What is bad for democracy is that it eliminates equal competition for all potential candidates to contest the Presidential election. The Presidential Threshold is not justified in eliminating or emasculating the meaning of democracy which provides rights and freedoms for citizens. Among the constitutional rights include the right to vote, the right to nominate (the right to be a candidate), and the right to nominate candidates, these are rights guaranteed by the 1945 Constitution of the Republic of Indonesia which everything is reduced because of this Presidential Threshold provision.

Towards Achieving Substantive Justice: The Importance of Extending the Time Limit for Resolving Presidential Election Disputes

Bunga Kharisma — 2024-07-10

Presidential election dispute resolution (PHPU) is complicated because its scope covers the entire territory of Indonesia and its application to Indonesian citizens in various parts of the world. The PHPU dispute resolution process must also guarantee maximum protection of constitutional rights. This research uses normative research methods using secondary data sources. This aims to assess the urgency of extending the deadline for resolving presidential election disputes, which is currently 14 working days from the date of submission. Research sculpture approach and conceptual approach. These findings illustrate the need for changes to legislation to extend the time limit for resolving PHPU disputes beyond the existing 14-day limit. In practice, this time period does not provide maximum opportunity for the presentation of evidence. Historical analysis shows that from the 2004 presidential election to 2024, not a single PHPU demand has been granted, mainly because the demand cannot be proven. The author emphasizes that a time limit that is too early does not guarantee substantive justice, which includes not only fair and accurate decision-making, so rational considerations are needed that produce rational and logical decisions and a process that allows each party to present their arguments comprehensively and obtain fair treatment in the judicial process.

Distributive Justice Analysis in the Context of Workers' Leave Time Regulation: A Legal Perspective

Robith Ainul Yaqin — 2024-07-10

The controversy surrounding Law No. 6/2023 revolves around the loss of the two-day weekend holiday entitlement for workers, the provision of only one day off in a six-day workweek, changes in working hours, which also affect rest time to only one day per week for a 6-day work schedule. The existence of a law should inherently provide fairness to society and contribute to the happiness of the people, but on the other hand, the government must also strive consistently to foster the economic growth of the population as a means to achieve social welfare. This research aims to investigate the regulation of workers' rest time under Law No. 6/2023 and to assess whether the provisions for rest time under Law No. 6/2023 have met the criteria of fairness for workers. To address these objectives, a normative juridical method with legislative and conceptual approaches is employed. Based on distributive justice theory, Law No. 13/2003 better reflects justice in labor relations in Indonesia as it considers basic needs, equality, and workers' contributions more comprehensively. Conversely, Law No. 6/2023, despite providing benefits to employers and potentially stimulating economic growth, appears to reduce the protection and welfare of workers, which can be deemed less fair according to distributive justice principles. Therefore, strict monitoring and improvements are necessary in the implementation of Law No. 6/2023 to ensure fairness for workers is maintained.

In Pursuit of Justice: The Evolution of Social Work in Criminal Supervision

Hajairin Hajairin — 2024-07-10

Social work punishment is a form of renewal of basic criminal punishment in Indonesia. Therefore, it is important to regulate the mechanism of social punishment supervision so that the implementation of social work punishment is in accordance with the objectives of punishment in Indonesia, one of which is to create a sense of security in the community. As a form of legal novelty, currently Indonesia does not have legal regulations governing the mechanism of supervision of social work punishment. The policy of social work criminal supervision greatly affects the legal framework in realizing justice. The purpose of this research is to explain the importance of legal reform in the supervision of criminal social work and provide ideas on the ideal model for criminal social work supervision in Indonesia. The method used in this research is normative juridical, by examining the application of rules or norms in positive law with a statutory approach, historical approach, and conceptual approach. The result of this research is that legal reform is needed so that Indonesia has rules governing the implementation of social work punishment in detail so that it can create justice and benefit in society. The ideal model of supervision of social work punishment in ius constituendum criminal law reform, namely by formulating a direct supervision model and using a global positioning system (GPS) by Community Supervisors and coordinating with the Prosecutor and the agency where the convict works.

Two Settlement Pathways for Gross Violations of Human Rights Based on The Dignified Justice Theory

Teguh Prasetyo — 2024-07-10

Settlement of gross violations of human rights might be pursued by choosing two “paths” provided. The first “path” is via the Human Rights Court. This route is also called litigation settlement. The second path is an alternative “path”, and has been coined as the out of the Human Rights Court settlement. The problem is the Constitutional Court states that the alternative “path” as referred to in the Explanation of Article 47 of the Law on Human Rights Courts is contrary to the Constitution. As a result of the issuance of the Constitutional Court decision, the alternative “path” seems to be in a state of limbo, and this presupposes a legal issue of the lack of clarity on the meaning of a formulation of the applicable statutory provisions. In this paper, it is argued that Article 47 of the Law on Human Rights Courts still recognizes two “paths” for solving or settling cases of gross violations of human rights in the Pancasila legal system. The research method used in this paper is normative legal research, often known as the pure legal research method. It examined the primary legal materials. The theory used for understanding and explaining the problem is the Dignified Justice theory, the Indonesian Jurisprudence.

Legal Certainty in the Decisions of the Honorary Council of the Constitutional Court: A Case Study of Chairman Anwar Usman's Ruling

Totok Yanuarto — 2024-07-10

The existence of the Constitutional Court in the life of the nation and state is in order to guarantee and prove the existence of positive law, especially laws, so that these laws remain in accordance with the constitution so that later the constitutional rights of citizens can be maintained. The purpose of this research is as evaluation material and learning material for law enforcers, students and other parties. This type of research is included in the juridical-normative category, namely research carried out by examining theories, concepts, legal principles and regulations that are appropriate and related to the object of research. The Constitutional Court decision that has been issued against Anwar Usman cannot be challenged in the State Administrative Court because the Constitutional Court's decision is not a state administrative decision so it does not fall within the scope of what can be litigated in the state administrative court. Another reason that could be the basis for approval or inaccuracy of the State Administrative Court's lawsuit in relation to the Constitutional Court's decision is related to the ad hoc nature inherent in the Constitutional Court. Compliance with ethical standards in the decision-making process in law enforcement agencies is a crucial element in maintaining the trust and reputation of state administration in the eyes of the public. The presence of ethical standards in the Constitutional Court is considered the basis for upholding constitutional principles which are moral and behavioral guidelines for all members of the judiciary.

Legal Protection and Principles of Justice for Women Post-Annulment of Marriage in Asset Division

Moh Ainul Yakin — 2024-07-14

The conception of marriage law in Indonesia is categorised into three groups, the first being the concept based on the Burgelijk Wetboek, the second after the enactment of the Marriage Law, and the third in accordance with Islamic law. A valid marriage gives rise to rights and obligations for both spouses, as well as property and children born during the marriage. However, if the marriage that is carried out does not meet the legal requirements of marriage, implications may arise, as illustrated in a case in South Kalimantan where the ex-wife tried to annul her husband's marriage to another woman. On these issues, this study examines the legal protection and application of the principles of justice for women in the context of the division of common property after the annulment of marriage. The main focus of the research is to analyze the legal impact of marriage annulment on women's rights to joint property and identify gaps in existing regulations. The research method used is normative juridical with a statutory and conceptual approach. The results show that women are often in a vulnerable position after marriage annulment, especially in terms of the division of joint property. Although the Marriage Law and the Compilation of Islamic Law regulate the division of joint property, its implementation in cases of marriage annulment still creates legal uncertainty. The principle of justice has not been fully realized.

Gender Justice Principles in the Islamic Inheritance System

Ahmad Sholikhin Ruslie — 2024-07-14

This study aims to examine the principles of gender justice within the Islamic inheritance system, based on Surah An-Nisa’ verses 11-12, which stipulate a 2:1 ratio (a male receives two shares of the inheritance compared to a female). However, in the modern era, with changing times and human mindsets, as well as demands for equal rights, this 2:1 stipulation is considered a problem of justice. This research is normative juridical research, employing the library research method. The legal materials used include literature studies, such as interpretations of sacred texts, fiqh books, books, journals, previous research results, websites, and other writings related to the issues being studied. The results of this research indicate that justice refers to fair and equal treatment for every individual in accordance with the principles of the Qur'an and Hadith. However, in the context of Islamic inheritance distribution, challenges arise due to social and cultural changes that affect its interpretation and application. Although the principles of justice remain, there needs to be a renewal in the interpretation and implementation of Islamic law to reflect social and economic developments and to advocate for gender equality. This adaptation is not an effort to oppose culture or religion but a step towards a more just society for all individuals, regardless of gender. In making this adaptation, religious values and cultural traditions must be reinterpreted in accordance with the spirit of inclusivity and justice inherent in Islam, so that Islam remains a relevant moral and legal guide for its followers.

The Enigma of Humanistic Justice in Addressing Narcotics Abuse

Maria Febriana — 2024-08-07

Drug abuse is a complex problem that requires a comprehensive solution. This includes how the concept is used in various aspects of tackling drug abuse. Justice in drug abuse eradication is a complex enigma, especially when the approach taken tends to be repressive and pays less attention to humanitarian aspects. Restorative justice is an alternative paradigm for handling drug abuse in Indonesia by linking it to the values of Pancasila. Restorative justice emphasizes recovery, reconciliation, and reintegration of offenders, victims, and society. This approach is in line with Pancasila values such as humanity, unity, and social justice. Restorative justice does not only enforce the law, but also pays attention to the social and psychological aspects involved in drug abuse cases. Applying restorative justice to the rehabilitation of drug addicts helps them overcome their addiction and become productive members of society again. Implementing restorative justice requires the cooperation of various stakeholders, including government, law enforcement, and local communities. This research aims to explore and understand the complexity of humanistic justice in the context of drug abuse treatment, as well as examine the definition and concept of humanistic justice in the context of drug abuse. This research uses an empirical juridical method, with interviews conducted at the Kediri City Attorney's Office and observation visits to post-rehabilitation drug abusers. Results of this study show that to overcome this, a comprehensive approach is needed that affects many aspects of life. The noble values of Pancasila provide a solid foundation in developing effective coping strategies.

Legal Certainty and Procedural Justice in Land Management in Indonesia: Ensuring Rights Protection and Effective Dispute Resolution

Yuniar Sabdaningtyas — 2024-08-07

Land disputes are a persistent issue in many countries, including Indonesia, often complicated by conflicting land certificates and ambiguous regulations. This article explores the multifaceted aspects of resolving such disputes, emphasizing the pivotal role of land certificates in achieving legal certainty. In addressing these challenges, the research employs the juridical-normative legal method to analyze the complexities inherent in land dispute resolution. A significant finding is that disputes involving dual certificates frequently entail multiple stakeholders, necessitating a meticulous determination of rights and liabilities among the parties involved. Thus, the principle of dignified justice becomes paramount in adjudicating these disputes, ensuring equitable outcomes for all parties. The prevalence of dual certificates exacerbates legal uncertainty for landholders, undermining the efficacy of certificates as conclusive evidence of ownership. Consequently, there is a pressing need for legislative reforms aimed at fortifying the validity and indisputability of land certificates. Strengthening the legal framework is essential to uphold the integrity of property rights and enhance confidence in the judicial process. Agrarian reform emerges as a pivotal strategy in addressing these issues, offering a systematic approach to resolve disputes and establish robust legal frameworks. By reforming existing regulations, stakeholders can mitigate ambiguities and streamline processes, thereby fostering an environment conducive to sustainable development and equitable land distribution. Effective resolution of land disputes hinges upon collaborative efforts among diverse stakeholders, including government bodies, legal institutions, and community representatives. These collaborations are instrumental in devising comprehensive strategies that promote legal certainty and uphold justice.

Child Perpetrators and Victims: Criminal Policy Approaches to Sexual Violence in Indonesia through Restorative Justice

Redi Pirmansyah — 2024-08-21

Criminal law embodies the principle of ultimum remedium, which means that prosecution is considered a final measure in law enforcement. This principle does not seek to eliminate punishment for offenders but rather aims to protect society from crimes by using prosecution as a last resort. Offenses are not only committed by adults but also by minors. With the rapid advancement of information and telecommunication technology, sexually explicit content has become widely available through electronic media. As a result, many children mimic behaviors they have seen or heard about, particularly since they are often given access to electronic devices such as smartphones and computers with internet access. This ease of access sometimes occurs without sufficient parental supervision, exposing children to inappropriate content. Given this context, the author is motivated to conduct research titled Criminal Policy for Addressing Sexual Violence Committed by Minors Against Minors in Indonesia. This study aims to explore effective legal measures and policies to address and mitigate such incidents. The research employs a qualitative method grounded in the theory of sanctions and the theory of legal effectiveness. By utilizing a criminological approach, the study seeks to analyze crime patterns associated with sexual violence perpetrated by minors. This includes examining the socio-cultural factors that contribute to such behaviors and evaluating the current legal framework's effectiveness in addressing these issues. Through this research, the author hopes to shed light on the complexities of juvenile delinquency in the context of sexual violence and to propose informed policies that can better protect minors from both committing and becoming victims of such offenses. The findings are expected to contribute to the development of a more effective criminal justice system that balances punitive measures with rehabilitative approaches, ultimately aiming to create a safer and more just society for all.