Awang Long Law Review

LAW ENFORCEMENT AGAINST CHILDREN WITH VIOLENCE

Juhriati, Jufrin, Muhammad Amin — Mon, 27 Nov 2023 20:30:26 +0700

The purpose of this research is first to describe the implementation of law enforcement against child victims of intercourse accompanied by violence in the Bima Kota Police PPA Unit; second, to describe the obstacles in law enforcement against child victims of violent intercourse at the Bima Kota Police PPA Unit. Empirical legal research methods (non-doctrinal), case and policy approaches, using data collection, documentation, observation and interviews and integrating with literature review of legal documents relevant to the object under study, and analyzed descriptively. The results of the study show, First, the implementation of law enforcement against child victims of violent intercourse at the Bima City Police Unit PPA is in accordance with applicable laws and regulations using the Criminal Procedure Code and the SPPA, where at the investigation level it is carried out starting with an initial examination or interrogation of witnesses who can provide clues to the incident. Then a post mortem et review was carried out on the victim's child to identify injuries to physical violence. Then the crime scene was processed at the scene to confirm other clues. Second, obstacles in law enforcement against child victims of sexual intercourse, (1) Witnesses who are still children and find it difficult to communicate during the examination process. Especially if the key witness is a child who is still traumatized by the events he witnessed. (2) There were no witnesses who saw them directly and the witnesses did not want to come to provide information. (3) There were difficulties in uncovering the cause of death of the victim's child because in the jurisdiction of the Bima City Police there were no forensic experts so they had to carry out an autopsy at the Bayangkara Hospital in Mataram. (4) There is no expert psychologist witness accompanying the child witness in proving the quality of the testimony given by the child witness.

THE EFFECTIVENESS OF THE PROSECUTOR'S AUTHORITY AS AN INVESTIGATOR OF ALLEGED CORRUPTION OFFENSES

Baharuddin Badaru — Wed, 29 Nov 2023 00:00:00 +0700

This study aims to determine the effectiveness of the investigation into alleged corruption and the factors that influence the effectiveness of the investigation into alleged corruption. The research method used in writing this is an empirical method, with secondary and primary data coverage. The results of this study indicate that the effectiveness of the investigation into alleged corruption is still not effective, this can be seen from the existence of areas in investigations that have not been completed due to several obstacles in adjusting to the material elements of corruption and there are several factors that influence the effectiveness of the investigation into alleged corruption, including namely; legal substance, legal structure, facilities and infrastructure, and legal culture of the four factors that have the most influence on the effectiveness of the investigation of suspected corruption is the legal structure of calculations Auditor to BPK/BPKP. Recommendations for research on all forms of obstacles for the effectiveness of investigations into criminal acts of corruption committed by the investigating prosecutors so that they are even more efficient in finding evidence for the sake of accelerating investigations, increasing the number of prosecutors' personnel, and it is necessary to procure a new profession of prosecutors who are authorized in auditing (auditor certification), so that they have special expertise in financial auditing without Waiting too long for the audit results of other institutions for the sake of efficiency and acceleration of the next law enforcement process. Keywords: Investigative effectiveness, corruption.

LEGAL REASONING OF THE JUDGE'S DECISION REGARDING GOVERNMENT PROCUREMENT CONTRACT GUARANTEE CLAIM

Djamil A Malik, Yulias Erwin, Nurjannah Septyanun — Wed, 29 Nov 2023 00:00:00 +0700

The decision is a written legal text made by an authorized judge, and its legal product is categorized as a crown. However, despite being considered a crown, a judge's decision is not exempt from examination by legal scholars. The optics used in the examination process are based on various perspectives, including hermeneutics as the fundamental basis for interpreting the text (decision). Substantively, hermeneutics has three main streams of thought, namely as a theoretical (methodological), philosophical, and critical hermeneutics, each with different understandings. Hermeneutics as a method focuses more on the effort to capture and reveal the meaning of the text, while philosophical hermeneutics goes beyond that and emphasizes "capturing meaningful meaning," implying that the meaning of the text can be continuously produced through a dialectical process. On the other hand, critical hermeneutics focuses on the aspect of disclosing the meaning of the author's ideological interests. This research aims to examine the legal reasoning in Decision No. 272 / PDT.G / 2017 / PN.BDG regarding the Government Procurement Contract Guarantee Claim from the perspective of Hans Georg Gadamer's Hermeneutic Circle. The research type is normative doctrinal, using secondary data sources consisting of primary, secondary, and tertiary legal materials with a conceptual approach, statutory approach, and case study. The research findings suggest that the process of claiming a bank guarantee through the judicial institution can be carried out by the Procurement Committee (PPK) as long as they obtain authorization from the Budget User, who is the owner of the work (bouwheer). This is due to the hybrid nature of government procurement contracts, which distinguishes them from private contracts, and the clarity of the scope of authority of the Budget User serves as the establishment of formal justice, acting as a bridge (epistemology) toward substantive justice.

CONSTRUCTION OF ABORTION CRIMINAL PROVISIONS IN THE REFORM OF THE NATIONAL CRIMINAL CODE

M. Aris Munandar — Wed, 29 Nov 2023 00:00:00 +0700

The construction of criminal sanctions for perpetrators of the crime of abortion in Law of the Republic of Indonesia Number 1 Year 2023 concerning the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) in general contains a change in perspective regarding abortion. The criminalization of abortion in the National Criminal Code is a form of reform in law enforcement for the crime of abortion. The method of research used in normative legal research. The result of research reduction in the threat of imprisonment in the National Criminal Code for abortion perpetrators indicates a moderation of criminal sanctions for perpetrators of criminal acts. This is very different from the spirit of the Law of the Republic of Indonesia Number 36 Year 2009 concerning health (the Health Law) in preventing abortion. This is because abortion is indeed a field of criminal health law, which expresses the verb is and should indeed be regulated in health law as a lex specialist. However, there are also efforts to benefit that are proposed in the National Criminal Code, namely by providing 14 (fourteen) weeks of pregnancy termination for women who wish to have an abortion either for medical indications or for the crime of rape or other criminal acts of sexual violence.

ASPECTS THAT INFLUENCE THE QUALITY OF PUBLIC SERVICES FOR PERSONS WITH DISABILITIES IN OBTAINING HUMAN RIGHTS IN INDONESIA

Angelina Yusi Utami, Eri Yusnita Arvianti, Muhamad Rifai — Wed, 29 Nov 2023 00:00:00 +0700

Public service quality is a public service provided by organizations to serve the needs of people in Indonesia, including people with disabilities. The aim of this research is to identify aspects that influence the quality of public services for people with disabilities in obtaining human rights. The research method used in this article is a literature study by summarizing and examining the extent to which previous studies analyzed phenomena among people with disabilities in achieving human rights and analyzed them comparatively into scientific works. The results of this writing show that the aspects that are a problem are the lack of adequate public services for people with disabilities. Often their rights and obligations are not fulfilled due to various aspects, namely lack of access to information, families closing themselves off so that data is not obtained by the government, being a source of mercy or being used by certain individuals to become beggars and the absence of socialization about people with disabilities to the general public.

VALIDITY OF TERMINATION OF EMPLOYMENT BY EMPLOYERS TO WORKERS DUE TO PROBLEMS ONLINE LOAN BILLING

Clarisa Permata Hariono Putri, Cindy Cornelia Kurniawan — Wed, 29 Nov 2023 00:00:00 +0700

Currently, workers are being terminated due to problems because online loan collection has occurred. This research aims to analyze the legality of termination of employment by employers against workers because of loan collection problems online from a labor law perspective. Research on this law is normative legal research with two approaches, namely statutory and conceptual approaches. Research results concluded that the termination of employment was due to problems with online loan collection can be declared legally valid if meets all three cumulative requirements to qualify for the cause termination of employment due to appropriate labor violations of Article 154 A paragraph (1) letter k Act on Concerning Manpower jo. Act on Job Creation.

DEVELOPMENT OF REGULATIONS ON VOTING RIGHTS PEOPLE WITH MENTAL DISORDERS POST-CONSTITUTIONAL COURT RULING APPLIED

Tanti Oktari — Wed, 29 Nov 2023 00:00:00 +0700

This research only focuses on the regulation of the right to vote in general elections, whether at the national or regional level, for people with mental disorders. The general paradigm is very varied regarding the mental condition of people with mental disorders. There is a crucial ambiguity regarding the intellectual capacity of people with mental disorders. The effect of the debate concerns granting them the right to vote as a constitutional right. This research aims to explore further the legal politics of regulating the right to vote for people with mental disorders in Indonesia. The research method used is normative legal research with a statutory and comparative approach. The results of this research show that people with mental disorders are subjects who are excluded from being granted the right to vote. This is confirmed in Article 57 paragraph (3) letter a of Law Number 8 of 2015. The meaning of this provision has shifted after Constitutional Court Decision Number 135/PUU-XIII/2015. Restrictions are granted only in cases of mental disorders and/or permanent memory according to mental health professionals who have lost the ability to choose. The ratio decidendi which is the argument is that the condition of people with mental and/or memory disorders is not permanent enough to eliminate their intellectual capacity to choose. As a result, people with mental disorders can participate in voting in national or regional elections as long as they are not declared by mental health professionals to be incompetent to vote.

POLEMIC OF THE CRIMINAL CODE BILL FROM THE PERSPECTIVE OF ADVOCATES

Siti Sakina Soekasah — Wed, 29 Nov 2023 00:00:00 +0700

Indonesia's existing Criminal Code (KUHP), a remnant from the Dutch East Indies colonial era, is regarded as outdated and disconnected from current societal realities. This has spurred the Indonesian Government to initiate a comprehensive update of the criminal provisions via the Draft Criminal Code (RUU KUHP), which has been in the making for several decades. The RUU KUHP aims to accommodate the evolving needs of the nation's criminal law system. However, this endeavour has sparked controversy, particularly regarding Articles 282 and 515 of the RUU KUHP, which are viewed as discrediting Advocates as independent enforcers of the law. These articles are claimed to be at odds with the Advocate Act, the lex specialis of the RUU KUHP, raising concerns about the potential impact on the professional status of Advocates. Moreover, Article 281 of the RUU KUHP has raised alarms due to its potential as a 'rubber article', susceptible to multiple interpretations, which could undermine the principle of legal certainty. This normative-juridical study utilises a descriptive-analytical methodology to analyse these contentious aspects of the RUU KUHP. It concludes that the provisions regarding Advocates conflict with the Advocate Act, and the ambiguity in Article 281 raise the risk of misuse and legal uncertainty. While the RUU KUHP signifies a crucial effort towards modernising the nation's criminal law system, these issues must be addressed to ensure its credibility and effectiveness.

PROSPECTS FOR IMPLEMENTATION OF BUILD OPERATE AND TRANSFER IN INDONESIA

M. Adnan Lira — Wed, 29 Nov 2023 00:00:00 +0700

A form of cooperation between the government and business entities in providing infrastructure for the public interest by referring to specifications previously determined by the government or parties representing the government officially, where some or all of it uses resources owned by the business entity, taking into account the distribution of risks between the parties involved in the collaboration [1]. Government cooperation with business entities for infrastructure development is outlined in the Build-Openrate and Transfer (BOT) model. The research method that the author uses in this research is normative juridical, namely research that examines written legal norms by referring to related legal provisions. The prospect of implementing BOT in Indonesia legally can be carried out based on freedom of contract and good faith, new regulations by the government, and the opening of Indonesia in the era of globalization to contracts that have been accepted internationally. Economically, BOT can support and facilitate development and business activities, whether carried out by individuals, companies, or the government. The obstacles encountered in implementing BOT include the inadequate substance of statutory regulations and law enforcement practices, including unsupportive jurisprudence. Convoluted bureaucratic interference in the process of building public facilities, as well as the long BOT period, which allows for changes in the parties involved in the BOT, creates doubts for parties who have no experience as BOT recipients.

DUTIES AND AUTHORITY OF A NOTARY IN PRODUCING LAND DEEDS

Natasya Rizki Asti, Fransiscus Xaverius Arsin — Wed, 29 Nov 2023 00:00:00 +0700

Case Study 179/PDT.G/2022/PN.PLG is used to examine the roles and responsibilities of notaries in the creation of land deeds. Two primary lines of inquiry emerge from this statement of need for more study: (1) what are the responsibilities and powers of a notary in producing land deeds, and (2) what is the notary's responsibility for the land deeds he makes? A normative judicial methodology was used for this study. The result of this research is a notary's power to create land deeds is limited by Article 15 of the Law on the Position of Notaries. In compliance with legal mandates like the Government Regulation on PPAT, the Land Deed Making Officer (PPAT) is also empowered to create land deeds. A notary's ability to create certain property deeds, such as a Sale and Purchase Agreement Deed, is constrained by the PPAT's duties. The notary's obligation for land deeds depends on the cause of the inaccuracy. If the notary's mistake causes financial harm, the victim may file a civil lawsuit against the official. The UUJN also suggests possible criminal and administrative consequences, such as temporary termination. If the notary has followed all applicable laws and regulations and an honest mistake has occurred, the notary is immune from liability. This study's findings give a summary of the complexities involved in notaries' roles in drafting property deeds and fulfilling their obligations under relevant laws.

JURIDICAL ANALYSIS OF STATE FINANCIAL POLICIES IN HANDLING THE COVID-19 PANDEMIC

Arka Wirawan, Wibowo Murti Samadi, Dora Kusumastuti — Wed, 29 Nov 2023 00:00:00 +0700

The purpose of this research is: to juridically analyze state policies in handling the Covid-19 pandemic through Law Number 2 of 2020. The writing method used in this research is normative juridical using a statute approach and conceptual approach. Based on the results of the discussion and research, it can be concluded that based on the system of division of powers in Indonesia contained in the 1945 Constitution as the state constitution, the President is given the authority to establish regulations which hierarchically have the same degree as laws known as Government Regulations in Lieu of Laws (Perppu). The existence of Perppu is also widely regulated in countries that apply the presidential system. In addition, the stipulation of Perppu must be based on the existence of a compelling urgency that is temporary (emergency). The category of compelling urgency is the prerogative of the President. Furthermore, legislators can accept or reject the Perppu into law as a definitive rule of law or law. Testing Perppu is the authority of the legislature to accept or reject the Perppu.

THE ACT OF SALE OF A POSTPARTUM CHILD BY THE CHILDâ€™S BIRTH MOTHER

Muhammad Arganata Thamrin, Affero Ismail — Wed, 29 Nov 2023 00:00:00 +0700

Children are the next generation and determinants of the future of the nation as well as a mirror of life attitudes in the future. Therefore, they need to get the opportunity to grow and develop their physical need, mental and social skill properly. However, sometimes they face serious problem such as getting pregnant out of wedlock when they are 13 years old. The problem occurs because of something undesirable and for that reason they are not ready to become parents. Thus, they commit acts of minor trafficking that are contrary to the provisions of the article 76f juncto Article 83 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Minor trafficking is a crime that violates human rights, whose perpetrators are not only adults but also children and most of them are victims of criminal acts. The minors who commited criminal acts need to be taken seriously and their criminal liability is different from adults. Therefore, the minors who are in conflict with the law still get specifically protection regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System.

REVIEW OF CUSTOMARY DIVORCE IN MANIPI VILLAGE, PANA DISTRICT, MAMASA DISTRICT

Nur Hidayah, Wahyuni Idrus, Andi Istiana Inayah Dwi Putri — Wed, 29 Nov 2023 00:00:00 +0700

Divorce in Manipi Village, Pana District, Mamasa Regency still uses customary Law. Mamasa is where there is no need to bring a divorce suit to court, but it can be carried out according to custom; apart from that, there are also customary sanctions for perpetrators of divorce. This writing uses nonmatof research with a statutory and conceptual approach. Divorce according to custom in Manipi Village, Pana Subdistrict, Mamasa Regency, namely through customary judges and the local government, and giving Mamasa customary divorce sanctions (Kapaa) based on Tana' (caste) where the customary sanctions are in the form of buffalo and pigs, but due to developments the times, the payment of Kapaa at this time is by the agreement of the family in a case in the form of money or anything that costs a pig or buffalo.

COMPARISON OF CIVIL INHERITANCE LAW AND TOBA BATAK TRADITIONAL INHERITANCE LAW REGARDING THOSE WHO ONLY HAVE DAUGHTERS AS HEIRS

Gracia Taruli Apriliani Sipahutar, Yunanto — Wed, 29 Nov 2023 00:00:00 +0700

This research aims to determine the position of daughters in the distribution of inheritance based on Toba Batak customary inheritance law. This research contains a comparison of the laws contained in the Civil Code with the Toba Batak Traditional Inheritance Law that lives in society. The research method was carried out in a normative juridical manner using a comparative legal approach. This research uses primary legal sources, namely Legislation and Customary Law. Meanwhile, secondary legal sources are obtained from literature studies using journals or other written research. This literature study also uses sources obtained via the internet, such as expert opinions in webinar videos. Based on research, there are differences in provisions in the Civil Code and the Toba Batak Traditional Inheritance Law. The division of inheritance in the Civil Code equalizes the position of women and men. Meanwhile, in the Toba Batak Traditional Inheritance Law, the position of men is still considered higher than women. This research also shows that there are traditional misunderstandings that cause discrimination against women. In the more traditional Toba Batak Customary Law, women also receive inheritance, but in a different form, for example pauseang.

JURIDICAL ANALYSIS OF REJECTION OF INKORTING BY TESTAMENTER HEIRS

Firza Ayudya Hermawan, Rahandy Rizky Prananda — Wed, 29 Nov 2023 00:00:00 +0700

The inheritance system that is enforced in Indonesia, among other things, is by using an inheritance system based on the Civil Code. This provision allows the deceased to bequeath his assets to ab intestato heirs or even to a third party by making a will or testament. Making a will allows the deceased to give some, a part, even all of their assets to other people, which opens the possibility of the absolute portion or Legitieme Portie being violated by the legitimatary heirs. In the event that the legal heirs object to the violation of the absolute portion, it is possible to reduce or inkorting the assets obtained by the testamentary heirs. This article aims to determine the position of a testament in an inheritance and whether or not a testamentary heir can rejected in the event of being decided to do inkorting using research using normative juridical methods. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive.

LEGAL RELATIONS IN THE USAGE OF LETTER OF VALUE AND BANKING INSTRUMENTS AS A MEANS OF PAYMENT

Chamdani, Nobella Indradjaja, Sonny Wijaya — Wed, 29 Nov 2023 00:00:00 +0700

In order to facilitate transactions, the banking sector determines several forms of payments, such as in real money, paper based and e-money. As a form of payment and receivable account, paper money holds function equivalent to real money, which are authenticated in negotiable instruments. The usage of negotiable instruments and the cashing are regulated in several agreements between the two parties, which are also involve another party like Bank Indonesia or the affiliates. This research is conducted with the intention of observing the forms and systems of payment using Securities and Banking Notes, as well as how the legal relationship between the issuer of securities and the holder of securities. Normative legal research methods is used to find the basis, principles and doctrines of law as an effort to overcome the legal issues that are the focus of research. Although, in such a contract, the legal basis of law is needed since negotiable instruments are often used as a payable form in several transactions which affects in ownership changes. Thus, for these cases, there are four theories that can be used: Creatief Theories, Vertoning Theories, Overeenkomst Theories, and Redelijkhesdist Theories. The issuance of SBPU is done to regulate the rate of demand deposits that replace the function of money, SB also holds a function as a letter that guarantees the receivables and obligations of the party who has a debt.

COMPARATIVE ANALYSIS OF MARRIAGE DISPENSATION ARRANGEMENTS IN LEGISLATION IN INDONESIA

Muhammad Rinaldy Bima — Wed, 29 Nov 2023 00:00:00 +0700

This thesis aims to determine the age limit for marriage as regulated in Law No. 16 of 2019. The law regulates the minimum age for marriage, which is 19 (nineteen) years for both men and women. In addition, this thesis also examines the implementation of the new Marriage Law in the city of Makassar and the factors that cause underage marriages in the city of Makassar. This research uses empirical legal research (non-doctrinal legal research), which is a legal research method that focuses attention on the legal reality in society. The conclusion is that the number of underage marriages in the city of Makassar is still relatively high both before and after the enactment of Law No. 16 of 2019 concerning marriage in October 2019. The percentage of underage marriages in the Makassar City Religious Court obtained the following data: there were 70 cases of underage marriages in 2017, 82 cases in 2018, 57 cases in 2020, and there were 44 cases in 2021. In addition, based on the results of research, several factors cause underage marriages in Makassar City, including education factors, accidental marriage (pregnancy out of wedlock), low level of education, and economic factors. The recommendation of this research is for the community because many requests for dispensation from marriage are motivated by the social environment, one of which is because of association. Therefore, it is necessary to give religious understanding from an early age to minimize the occurrence of things that are not good.

DETERMINATION OF THE CONCEPT OF VIRTUAL PERMANENT ESTABLISHMENT IN ELECTRONIC TRANSACTIONS TO CREATE LEGAL CERTAINTY

Maria Emelia Retno Kadarukmi — Wed, 29 Nov 2023 00:00:00 +0700

This article is intended to analyze the following issues, the establishment of the concept of virtual Permanent Establishment (BUT) and the criteria required to create legal certainty in the collection of income tax on transactions via the Internet. Based on the research results, it is known that essentially e-commerce transactions are not visible (intangible). Through the definition of Article 2 paragraph (5) letter p, the Government attempts to "realize" the transaction into the real thing, so that it meets the criteria of BUT, as mentioned in the OECD in the form of "place of business". In fact, the Government in terms of determining the concept of virtual permanent establishment (BUT) and criteria required to create legal certainty in the collection of income tax on e-commerce transactions, still use the existing criteria in Article 2 paragraph (5) of Income Tax Law. However, the definition in Article 2 paragraph (5) letter p of Income Tax Law has not explained component "fixed" explicitly as required by the OECD, because it has not confirmed the limits of a certain time period, so that a server be "fixed."

CRIMINAL OFFENSES ARE IN CERTAIN AREAS OF THE AIRPORT WITHOUT PERMISSION FROM THE AIRPORT AUTHORITY

Yotham Th. Timbonga — Wed, 29 Nov 2023 00:00:00 +0700

Only sometimes flights can be carried out well according to the rules because bad things still happen during their implementation. Aware that undesirable things are still happening at airports, anyone is prohibited from being at the airport without permission from the authorized official; this is in line with the contents of Article 210 of Law Number 1 of 2009 concerning Aviation. This research determines the elements of material offenses for criminal acts of being in certain areas at the airport without permission from the airport authority (study Decision Number 725/Pid.B/2020/PN.Sda). This research uses normative legal analysis with a case and statutory approach. The research materials consist of primary legal materials, namely statutory regulations and judge's decisions. The conclusion in this research is that the material offense element of a criminal act is in a particular area at the airport without permission from the airport authority in Decision Number 725/Pid.B/2020/PN Sda, which is correct because it fulfills the elements in Article 421 paragraph 91) Law Number 1 concerning Aviation, the material aspects of which consist of Any person who is in a particular area at the airport, without obtaining permission from the airport authority as intended in Article 210.

COLLECTION OF MONEY OR GOODS: LEGAL CERTAINTY and STATE RESPONSIBILITY

Fikran S Bango, Naswar, Andi Syahwiah A. Sapiddin — Wed, 29 Nov 2023 00:00:00 +0700

This research aims to analyze the legal certainty of collecting money or goods in the midst of society, as well as what is the responsibility of the state that must be carried out in accordance with regulatory provisions. The type of research used is Normative Empirical legal research. The results obtained through literature studies and empirical data are then analyzed by the Normative Empirical method. The results showed that: 1). Legal certainty for the collection of money and goods in the community and the responsibility of the state which is tasked with overseeing the development of the collection of money and goods in Indonesia. 2) The fact of the development of philanthropic institutions in Indonesia is reviewed in the concept of philanthropy in Indonesia. Then the process of collecting money and goods must be in line with regulations.

ERADICATION OF CRIMINAL ACTS OF CORRUPTION TOWARDS DIRECTORS OF COMMANDITAIRE VENNOOTSCHAP WHO PERFORM CRIMINAL ACTS OF CORRUPTION

As'ad Djaelani Sibghatullah BW — Thu, 30 Nov 2023 00:00:00 +0700

This study aims to determine and to qualify criminal acts of corruption within article 2 and article 3 of Law Number 31 Year 1999 On Eradication of Criminal Acts of Corruption, and to determine the application of material criminal law and legal considerations by the judges in deciding the verdict

The statute approach, which examines laws that are related to research problems, is the approach used in this normative research. In addition to the statue approach, the author also carries out a case approach, which means that this research is complemented by a review of the judge's considerations in the decision. The primary and secondary materials obtained were then analyzed descriptively to then be presented qualitatively.

This research concluded that: 1) Article 2 and Article 3 of the Law of 1999 has several differences. One of the differences can be found on the subject. Article 2 applies to anyone who commits the act and Article 3 applies to anyone with a "post or position" who abuses the authority in committing the act. This means the subject of Article 3 only refers to Civil Servants; and 2) the application of material law against the CV Director who committed the criminal act of corruption is improper due to the facts that the defendant as a CV director is not considered as a Civil Servant and the judge consideration sentenced the defendant with subsidiary indictment ( Article 3) because according to the judges his action fulfills the materials of the article.

LEGAL PROTLEGAL PROTECTION FOR CUSTOMERS OF CECTION FOR CUSTOMERS OF CONVENTIONAL INSURANCE COMPANIES THAT CONVERT INTO SHARIA GENERAL INSURANCE

Qhairul Fadly Manurung — Wed, 29 Nov 2023 00:00:00 +0700

The problem of legal protection for customers who are members of insurance companies that carry out conversion from conventional insurance to general Sharia Insurance has indications of the emergence of legal problems. This is because the customer must decide whether to renew the policy contract with Adira Insurance for conventional general insurance products or change the policy contract to a Sharia General Insurance Policy. The research method used is normative juridical. The purpose of this study is to answer about legal protection for customers who are members of insurance companies that carry out conventions from conventional insurance to general Sharia Insurance. The results showed that its urgency to find a format and solution from the company for all former clients of PT Zurich Insurance Indonesia so that clients who do not want to transfer their policies to Sharia General Insurance have clear certainty and legal protection.

JURIDICAL ANALYSIS OF THE CRIME OF MALTREATMENT RESULTING IN SERIOUS INJURY

Alice, Bonggoibo — Wed, 29 Nov 2023 00:00:00 +0700

Persecution is a crime committed by intentionally damaging the health of another person resulting in injury or pain to a person's body, this persecution is also usually carried out because of a grudge or feeling humiliated by others persecution. the problem of persecution and the Judges' Legal Considerations in imposing crimes against perpetrators of persecution in the Manokwari District Court Decision No. 149/Pid.B.2021.PN.MNK. The purpose of this research is to find out the provisions referred to in the crime of maltreatment of serious injury and to find out the application of criminal sanctions against victims of maltreatment causing serious injury with case number 149/Pid.B.2021.PN.MNK). The method of analysis and the data obtained are analyzed qualitatively, namely the analysis carried out by understanding and assembling legal materials related to the problems that have been collected descriptively so that an overview of the problem under study can be obtained, then the legal material is presented systematically and then legal interpretation is carried out.

IMPLEMENTATION STRATEGY OF STREET VENDORS ARRANGEMENT POLICY

Dhion Fasesa Nugraha — Wed, 29 Nov 2023 00:00:00 +0700

The existence of street vendors (PKL) as one of the informal sectors that is recognized as having advantages compared to other sectors but the fact that the existence of street vendors (PKL) creates new problems such as traffic chaos and loss of the beauty of the city. This research aims at the implementation strategy of Street Vendor structuring policy in the Kadipaten Market of Majalengka Regency, knowing the factors that support or hinder the implementation of local government policies towards Street Vendors in the Kadipaten Market of Majalengka Regency and efforts in the Strategy for implementing the Street Vendor stage policy in the Majalengka Regency Duchy Market. The type of research used is the type of qualitative descriptive research. The informants in this study were the main informants, namely 2 Koperindag employees, the key informants, namely 5 Street Vendors (PKL) and supporting informants, namely 2 communities. Based on the results of the research conducted, the implementation of local government policies towards Street Vendors (PKL) in the Kadipaten Market of Majalengka Regency is still not fully in accordance with Regional Regulation No. 11 of 2010 concerning the arrangement of Street Vendors (PKL) in Majalengka Regency or in other words unsuccessful implementation. This is caused by several problems such as a less strategic place, lack of funds, the adaptation of a new place that emerged that made Street Vendors (PKL) choose to sell again was in the Kadipaten Market of Majalengka Regency, a less strategic place. Efforts in the implementation strategy include human resources, non-human resources, bureaucracy and cooperation.

JURIDICAL ASPECTS OF UNDERAGE MARRIAGE AND CUSTOMARY LAW

Esti Royani, Arief Nurtjahjo, Norti Bilung, Sajid Ali — Wed, 29 Nov 2023 00:00:00 +0700

In Mahakam Ulu Regency, underage marriages occur, where men are only 16 years old and women are 14 years old. From a positive legal perspective, underage marriage is very unusual for those who marry at a very young age, from a legal perspective it can violate Law Number 35 of 2014 the role of parents to prevent underage marriages in this case is contrary to the Act. Child Protection Act. Throughout 2019, in Mahakam Ulu Regency in the past year, according to research recorded at the Population and Civil Registration Office in Mahakam Ulu Regency, 20 underage couples got married. The majority of couples who marry underage are pregnant out of wedlock due to promiscuity. Of the twenty couples, the village with the highest number of child marriages compared to other villages, namely six couples, occurred in Mahakam Ulu Regency. empirical juridical research, research using field data. The results showed that the Juridical Aspects of Underage Marriage according to Indonesian Positive Law can be seen in the provisions of Law Number 16 of 2019 concerning Marriage Article 7 paragraph (1) Marriage is only permitted if the man has reached the age of 19 years and the woman has reached the age of 19 years. Article 6 paragraph (2) To carry out a marriage, a person who has not reached the age of 21 years must obtain permission from both parents and Law Number 23 of 2002 concerning Child Protection Article 26 (1) Parents are obliged and responsible for: caring for, maintaining, educate and protect children, develop children according to their abilities, talents and interests and; prevent child marriage.

JUSTICE MODERNIZATION IN THE DIGITAL DIVIDE OF INDONESIAN SOCIETY: A CHALLENGE

Gracious Kesuma Prinstama Perangin Angin, Nurlaily , Triana Dewi Seroja — Wed, 29 Nov 2023 00:00:00 +0700

As a developing country, Indonesia must keep abreast of and adapt to the dynamics that occur in the digital era. The government must make every effort to utilize information technology in implementing existing public policies. The Supreme Court of the Republic of Indonesia as a judicial institution that has direct contact with justice seekers has required technology-based legal services using e-court applications. The digital divide in Indonesia will greatly affect the ability of the people themselves to obtain their rights at the Indonesian judiciary. This study aims to examine whether the issuance of a judicial modernization legal policy is an appropriate law in the digital divide of Indonesian society. The method of this research uses qualitative methods based on in-depth observations of legal norms. Modernizing justice through the use of electronic applications this Indonesian society is a challenge for the government as a policymaker. This is because certain people still need assistance within their limitations in the digital world to face modern justice.

APPLICATION OF LEGAL RULES RELATED TO DEVIANT SEXUAL BEHAVIOR (EXHIBITIONISM)

Muhammad Faudzi Ahsani, Musakkir, Wiwie Heriani — Thu, 30 Nov 2023 00:00:00 +0700

This study aims to examine and analyze the phenomenon of the birth of deviant sexual behavior exhibitionism and examine and analyze the application of legal rules related to deviant sexual behavior exhibitionism. The results showed that The application of laws related to exhibitionism may use the offenses of Article 281 of the Criminal Code, Article 10, and Article 36 of the Pornography Law. The judge has the right to determine whether the defendant's actions can be accounted for or not, whether his soul is sick or not, and can be convicted or not. If the panel of judges believes that the defendant is incapable of responsibility and is convicted, then the defendant is free from punishment but is ordered to be treated in a mental hospital. In determining whether the defendant can be responsible or not, the judge usually asks for the help of a psychiatric expert to examine the condition of the defendant, which is commonly referred to as an expert witness in the trial as evidence listed in Article 184 paragraph (1) of the Code of Criminal Procedure.

LEGAL CONSEQUENCES OF ACCOUNTABILITY PRINCIPLES AND COMPANY TRANSPARENCY VIOLATION TOWARD COMPANY SHAREHOLDERS

Nina Dwi Yulianti — Thu, 30 Nov 2023 00:00:00 +0700

This study aims to analyze Decision 1028/Pid.Sus/2020/Pn.Jkt.Sel regarding the Actions of the Former Directors of PT. Tiga Pilar Sejahtera Food Tbk in terms of inflating financial reports that cause losses for investors. In addition, the study will examine how GCG violationsâ€”particularly those involving accountability and transparencyâ€”were carried out by the former directors of PT. Tiga Pilar Sejahtera Food Tbk and how they affected the companyâ€™s stockholders. Legal normative research is the methodology employed. The studyâ€™s findings demonstrate that, on their own, internal corporate rules like the GCG guidelines of the company and the application of relevant laws and regulations to ensure that the principles of transparency and accountability are upheld are insufficient to prevent violations. Additionally, the two former Directors of PT. Tiga Pilar Sejahtera Food Tbkâ€™s fraud on the financial statements due to their violation of the principles of transparency and accountability caused a significant price decrease for the companyâ€™s shareholders.

JURIDICAL REVIEW OF BANKRUPTCY CONDITIONS AND DELAY OF DEBT REPAYMENT OBLIGATIONS

Anwar Hidayat, Muhamad Abas, Dalih Purwana — Thu, 30 Nov 2023 00:00:00 +0700

Bankruptcy results in a general confiscation of all assets of the bankrupt debtor (budel bankrulit). An important phase in the bankruptcy process is the insolvency stage. Based on the explanation of Article 57 paragraph 1 of the Bankruptcy Law and PKPU, what is meant by insolvency is the state of inability to pay, this is in line with the Central Jakarta Commercial Court Decision Number: 44 / PDT. SUS. PAILIT/20 20/PN. TRADE. JKT. PST. That PT. Pazia Retailindo was declared bankrupt. Application for bankruptcy filed by PT. Dana Kaya through its Directors, namely Sri Dewi Endang Mumpuni and Ambar Bawono on October 20, 2020, was represented by the appointed legal representative, namely PARLIN SIHOMBING, S.E., S.IP., S.H. Advocate at the Law Firm BELASSANDRO TORUAN &; PARTNERS. The problem raised in this study is the condition of Insolvency of PT. Pazia Retailindo before the bankruptcy decision , and what underlies the judge's consideration in the bankruptcy decision Number: 44 / Pdt.Sus.Pailit / 20 20 / Pn.Niaga.Jkt.Pst which refers to Law Number 37 of 2004. This research uses a Normative Juridical approach. The result of this study is that the legal considerations used by the panel of judges in deciding the bankruptcy case of PT. Pazia Retailindo complies with Law Number 37 of 2004 concerning Bankruptcy and PKPU, namely the fulfillment of all elements contained in Article 2 Paragraph 1 and Article 8 Paragraph 4 of the Bankruptcy Law and PKPU.

CARBON TAX AND ITS EFFECT ON THE ECONOMY, TAXES AND ENVIRONMENT

Maria Emelia Retno Kadarukmi — Wed, 29 Nov 2023 00:00:00 +0700

This research discusses theoretically the relationship between carbon tax with economy, tax and environment. This research is a legal research with analytical descriptive nature, namely research that analyzes secondary data on issues related to carbon taxes as an instrument for reducing carbon dioxide emissions. According to secondary data, this research is aimed at discovering aspects of carbon tax design, collection of carbon taxes, and state management of carbon tax revenues. Carbon taxes are an effective and efficient instrument to support the reduction of carbon dioxide emissions. To be implemented, a carbon tax must be feasible. Eligibility requires public acceptance. On the other hand, a carbon tax can create a lot of controversy. The main argument against carbon taxes is that carbon taxes do not always guarantee emission reductions. In addition, there are also concerns over the unintended effects of competitiveness, carbon leakage, and fears of unintended distributional impacts, which could be barriers to implementation.

DIGITAL BANK LEGAL CHALLENGES: SECURITY PROTECTION AND LEAKAGE OF CUSTOMER PERSONAL DATA

Enny Martha Sasea, Marius Suprianto Sakmaf — Thu, 30 Nov 2023 00:00:00 +0700

Technology and digitalization are growing and affecting various economic and industrial fields, one of which is banking industry. The presence of technology and the phenomenon of digitalization has directed this industry to a digital transformation process through digital banking. Digital banking was developed to serve customers faster, easier, and in accordance with customer experience, itcan be done completely independently by customers while still paying attention to security aspects through optimizing digital technology systems. The presence of lifestyle integration, automation in banking services is an important aspect that needs attention. Security and customer trust are important for banks, socustomers trust banks as a one-stop service for their financial needs. However, the problem faced in the digital banking era is how fardigital banking can be done by improving the quality of service to customers while paying attention and without compromising transaction security. In addition, there are cyber security issues related to consumer data protection, which until now do not have special regulations to provide legal certainty. The urgency of consumer protection for digital banking services will be assessed using legal research methods with a doctrinal approach contained in primary and secondary legal materials. The purpose of this study is to examine and analyze the developments and legal challenges of digital banking consumer protection in Indonesia. Basically digital banking in Indonesia has regulations but only limited to two things, namely digital banking services and regulations regarding the legal status of the existence of digital banks in Indonesia. For digital banking services, it is regulated in POJK No.12/ POJK.03/2018. Meanwhile, the legal status of the existence of digital banks in Indonesia is regulated in POJK No.12/POJK.03/2021. The challenge of implementing digital banking includes 6 (six) aspects, one of which is customer protection of personal data and the risk of data leakage that does not yet have specific regulations governing it. The principle of effective customer protection in banking law is for common goals and can be implemented, so that each banks can serve and protect customers better without harming other parties.

IMPLEMENTATION OF GO RIDE PASSENGER INSURANCE IN ONLINE TRANSPORTATION DUE TO ACCIDENTS

Arikha Saputra, Dyah Listyorini — Thu, 30 Nov 2023 00:00:00 +0700

The presence of online transportation is considered to really help the community in the process of mobilizing goods or people. Online transportation is currently very popular among the public, because online transportation is considered cheap and practical. Transportation is a system consisting of facilities and infrastructure, supported by management and human resources which form a service network that functions as a driver, driver and supporter of development. Protection by providing compensation for losses is an important basic basis in insurance, requiring the company to have a legitimate financial interest in the object or event being insured. In the context of online transportation, it is important for companies like Gojek to apply this principle in passenger accident life insurance. This research is a legal research using a normative juridical approach. The specifications of this research are analytical descriptive, because this research can provide a comprehensive, systematic picture and analysis of the realities in the field, especially regarding liability and insurance protection contained in legislation. Data collection is carried out by making observations and using applicable legislation. In carrying out transportation activities other than carrying out passenger trips, the transportation service provider is obliged to insure its liability, meaning that the public transportation company is obliged to compensate for losses suffered by passengers or goods senders due to negligence in carrying out transportation services. Based on article 237 paragraph (1) of the Road Traffic and Transportation Law, it is stated that public transportation companies are obliged to participate in an accident insurance program as a manifestation of their responsibility for insurance coverage for victims and public transportation companies are obliged to insure people employed as vehicle crew. The form of insurance protection provided by Gojek to passengers who use its services is the application of Article 302 of the Criminal Code. The online transportation service provider company Gojek provides insurance to passengers to ensure that travel is protected because passenger safety is Gojek's priority. The form of insurance protection for passengers in Gojek online transportation is stated in the GoRide Pasangger Insurance provisions.

JUDICIAL REVIEW OF PERPETRATORS REGARDING CRIMES OF VIOLENCE IN THE FAMILY

Thu, 30 Nov 2023 00:00:00 +0700

Domestic Violence (KDRT) is a problem related to violence that often occurs in households and enters into issues regarding Human Rights (HAM). know the form of criminal responsibility towards the perpetrators of cases of criminal acts of violence in the family, as well as the views of judges on this matter. The normative research method with a qualitative approach is used in this study. Criminal responsibility for the perpetrators of the decision Number 2138/Pid,sus/2019/PN.Mdn that the perpetrators based on the crime that the perpetrators committed violated Article 44 paragraph 1 (one) of Law No.23 of 2004 concerning the Elimination of Domestic Violence, where in this case the perpetrator is asked for criminal responsibility as a legal subject.

THE TRADEMARK RENEWAL PROCESS RELATES TO THE EXCLUSIVE RIGHTS OF THE BRAND HOLDER BASED ON LEGAL CERTAINTY

Leonard Tasuno Laiya, Rahaditya — Thu, 30 Nov 2023 00:00:00 +0700

In this age of digitalization, the significance of Intellectual Property cannot be ignored. In experiencing the changing era, the Intellectual Property protection system also needs to adjust well, along with the changes, growth, challenges, and opportunities that exist. The growth of the era cannot be ignored, and in the context of the current growth of Intellectual Property, the protection system must also explore so as not to lag behind and protect the rights of individuals efficiently. With this growth, the process of acquisition and ownership of Intellectual Property as a form of protection of intellectual property, absolutely must be supported, facilitated and facilitated by all parties. With such support, facilitation, and ease, this will not only increase the number and quality of Intellectual Property ownership, but more importantly, it will reflect progress in the field of science and technology at the national level. Not only that, it is also a sign of economic progress and the welfare of citizens. The most important is the trademark which is one of and cannot be separated by aspects of Intellectual Property, along with the Exclusive Rights of the Trademark Holder. Because all of these contexts concern the principle of legal certainty. In the context of the disappearance of national borders due to globalization, with the presence of freedom of entry of objects and services. The management of intellectual property rights is very meaningful for the nation's materials because it can share legal protection for intellectual property owned by creators, inventors, designers, and creators related to their creations or intellectual works.

SETTLEMENT OF LAND OWNERSHIP DISPUTES BETWEEN MM LACHINSKY AND NY CAECILIA

Evi Marshella, Arikha Saputra — Thu, 30 Nov 2023 00:00:00 +0700

The most fundamental thing about the modus operandi of violations in the implementation of Agrarian Law is the error in understanding, recognizing and applying the conversion of land rights from before and after the enactment of UUPA No. 5 of 1960. Apart from that, the worst thing is that there have been actions, among others, legalizing the mutation of documents with legal defects, the wrong application of the relevant law, changing the measuring papers to pictures of the situation and the mistakes of law enforcers and law enforcement. The results of this study indicate that the Basic Agrarian Law has never regulated that since the enactment of the Law, lands owned by citizens and foreigners have become land controlled by the State. Conversely, when the law is enacted, the old land rights must first apply the conversion provisions that are relevant to the position of the case, in this case are Article 1 paragraph (3), (4), (5) Provisions Conversion of UUPA and Article 12. These regulations are actually looser for foreign citizens who are being burdened with former rightsground lease. This concession and protection are explicitly or implicitly stated in these regulations, namely when there are obstacles for foreign nationals to obtain land conversion e.I dobecome property rights based on Article 1 paragraph (1) of the UUPA Conversion Provisions No. 5 of 1960, then article 1 paragraph (3) protects foreign ownership through conversion to building use rights referred to in article 35 paragraph (1) UUPA No. 5 of 1960. Whereas according to Article 36 paragraph (1) point a. Building use rights are forcitizen Indonesian only.

JURIDICAL ANALYSIS OF THE RIGHT OF INQUIRY OF THE HOUSE OF REPRESENTATIVES IN PERFORMING THE SUPERVISORY FUNCTION ACCORDING TO INDONESIAN CONSTITUTIONAL LAW

Riastri Haryani, Oki Sumiyanto — Thu, 30 Nov 2023 00:00:00 +0700

The right of inquiry of the House of Representatives is a right to conduct an investigation owned by the House of Representatives that decides that the implementation of a law in government policies that is important, strategic, and has a wide impact on community life, the nation, and the state is allegedly contrary to legislation. The right of inquiry of the House relating to the exercise of the supervisory functions of the House is â€œan institutionalized system, involving the effectiveness and regularity of restrictions on government actions. In Indonesian constitutional practice, the right of inquiry is rarely implemented. Twice executed during the reign of the old order and twice executed during the reign of the new order. The use of the right of inquiry in the current presidential system shows a significant increase. This study uses normative juridical methods that are descriptive and analytical. Basically, the right of inquiry is a constitutional right of the DPR in the constitutional system as part of carrying out the function of supervision and balance of the executive. As a result of the legal application of the right of inquiry, the House of Representatives can exercise the right to express an opinion.

LEGAL ANALYSIS OF THE PRACTICE OF TRANSFER OF RIGHTS BY FINANCING INSTITUTIONS THROUGH AN ABSOLUTE POWER OF POWER: A REVIEW OF VIOLATIONS OF LAW AND ITS LEGAL IMPACT

Indah Rohmawati, Ariy Khaerudin, Dika Yudanto — Thu, 30 Nov 2023 00:00:00 +0700

This research aims to examine unlawful practices committed by financing institutions in the process of transferring rights by using absolute power of attorney and examine the legal consequences of using absolute power of attorney against the law. The research uses a statutory approach and applicable regulations along with legal principles used to examine the problem under study. The conclusion obtained is that in practice there are still many financing institutions in collaboration with authorized officials who still practice debt and credit mixed with buying and selling, therefore the use of absolute power of attorney in the transfer process is a legal act prohibited by laws and regulations which can be canceled and null and void and is a form of abuse of circumstances and vigilante efforts. The legal consequences of the practice of unilateral transfer of rights using an absolute power of attorney are a form of legal smuggling where when the conditions for the validity of the agreement are not met, which include subjective conditions in the form of an agreement containing elements of unlawful acts and objective conditions regarding legal causes because they violate the Civil Code and Presidential Instruction Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights which was later replaced and refined in Government Regulation No. 24 of 1997 concerning Land Registration.

ELECTIONS AND THE DIGITAL CAMPAIGN CODE OF ETHICS: EFFORTS TO CREATE A CAMPAIGN BASED ON DIGNIFIED JUSTICE

Askari Razak, Fakhry Amin — Thu, 30 Nov 2023 00:00:00 +0700

Elections, as a cornerstone of democracy, are encountering unprecedented challenges in maintaining ethical standards and justice values, primarily due to the surge in digital campaigning. Ethical concerns arising from the unregulated use of digital campaign media underscore the urgent need to formulate and implement a Digital Campaign Code of Ethics. This code is envisioned as a guide to integrity for political communicators in the digital space. The research explores the imperative nature of establishing a digital campaign code of ethics to foster responsible election campaigns reflective of justice and dignity. It also seeks to identify challenges and obstacles associated with its implementation. Using a legislative and conceptual approach, this normative legal research scrutinizes regulations related to elections and campaigns, reviewing legal doctrines and principles pertinent to forming a digital campaign code of ethics. Primary and secondary legal materials are collected, analyzed descriptively and analytically, and formulated into logical arguments to address legal issues. The findings emphasize the critical urgency of a digital campaign code of ethics in realizing responsible election campaigns aligned with justice and dignity. The prevalence of digital media and social networks as primary campaign channels heightens the risk of these campaigns becoming tools to advance specific interests without considering justice. The code of ethics is deemed essential to provide legal certainty, delineate ethical boundaries, and prevent the misuse of digital media. Additionally, it guides campaign participants to engage in political competition with integrity and dignity. However, the challenges associated with implementing digital ethics codes are complex. Control over ethical standards is challenging due to the swift dissemination of campaign content, delayed oversight and sanctions, and social media's vulnerability to misinformation and personal attacks. Active cooperation among authorities, election organizers, and social media platforms is crucial for effective monitoring and response to digital campaign content that violates ethical standards.

IMPLEMENTATION OF PANCASILA VALUES IN SUPPRESSING THE RADICALISM MOVEMENT

Febrian Nanda Putra Sukarna, Subelo Wiyono — Thu, 30 Nov 2023 00:00:00 +0700

Pancasila, as a state ideology, encourages unity, tolerance and diversity in society. The Indonesian government has played an important role in promoting and maintaining Pancasila values â€‹â€‹as a tool to prevent radicalization. This includes education, laws, regulations and outreach that support these values. Society also plays a key role in maintaining Pancasila as the foundation of unity and stability. Despite success in many aspects, challenges in suppressing radicalism movements remain and require continued efforts. Awareness of Pancasila values â€‹â€‹and commitment to them is key in ensuring that Indonesia remains a peaceful and diverse country.

THE ROLE OF THE YOUNGER GENERATION IN PARTICIPATORY SUPERVISION GENERAL ELECTION IN 2024

Rudyanti Dorotea Tobing, Sri Astutik — Tue, 16 Jan 2024 00:00:00 +0700

The purpose of this research is first to describe the implementation of the 2024 General Election and, secondly, to describe the role of the younger generation in participatory supervision of the 2024 General Election. The normative legal research method uses legal materials as the main source, carried out using the philosophical, statute, conceptual, and historical approaches. The research results show that the 2024 general election will be the same as the 2019 election, namely that the legislative and presidential elections (Pilpres) will be held simultaneously. The legal basis for holding the 2024 General Election is the same as the 2019 General Election, namely Law Number 7 of 2017 concerning General Elections (Election Law). The 2024 general election stages begin on June 14, 2022; by Article 167 paragraph (6) of the Election Law, the general election stages begin 20 months before voting day, while voting day is February 14, 2024. Second, supervision of implementing general elections is a desire based on noble concerns (ultimate concerns), to achieve quality general elections. The existence of Bawaslu has experienced significant changes from time to time, which is a sign that its existence is very important for upholding general election justice. The limited number of supervisors is still one of the obstacles for Bawaslu in carrying out supervision at all stages of the general election. The younger generation's involvement in election supervision carried out by Bawaslu is participatory. Participatory supervision is generally described as a joint collective effort involving various components of society to supervise the implementation of general elections. The role of the young generation as participatory observers in general elections is to be able to provide initial information on suspected general election violations, participate in supervising/monitoring the implementation of general elections, prevent general election violations, and report suspected general election violations.