Penafsiran Pembentuk Undang-Undang Membentuk Kebijakan Hukum Terbuka Presidential Threshold Dalam Undang-Undang Pemilihan Umum Yang Bersumber Dari Putusan Mahkamah Konstitusi

Saifulloh, Putra Perdana Ahmad

doi:10.33331/rechtsvinding.v11i1.867

Cited by 6 publications

(3 citation statements)

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“…The term political law or political legislation is based on the principle that the law and / or legislation is part of a political product because the legislation is basically a design or design of political institutions (political body), Mahfud MD argued that political law includes: First, legal development which is the essence of making and renewing legal materials in order to be in accordance with the needs. Second, the implementation of existing legal provisions including the affirmation of the functions of the institution and the coaching of law enforcers (Saifulloh, 2022).…”

Section: Methodsmentioning

confidence: 99%

JKP Concept in Minister of Labor Regulations Number 4 of 2022 in ILO Perspective and Justice in Law

Setiyawan,

Rahmad

2022

Amnesti

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Minister of Labor Regulations Number 4 of 2022 on the Procedure and Terms of Payment of Old-Age Security Benefits. The purpose of this study is to get an answer from the concept of JKP in Minister of Labor Regulations No. 4 of 2022 on the Procedure and Terms of Payment of Old-Age Security Benefits. This study is included in legal research to find answers to the rules of JKP is in accordance with the convention of the International Labour Organization (ILO) number 102 of 1952 minimum standards of Social Security, the basis for the inclusion of JKP program in order to provide a sense of justice and fulfillment of Social Security for workers. This research uses normative juridical method with case Statute Approach and conceptual approach. The source of research data is in the form of primary legal materials related to the discussion, secondary legal materials are all publications on law that are not official documents and tertiary legal materials are non-legal materials derived from dictionaries, exopedia and magazines. In this case, the JKP rules should be in accordance with the general principles of good governance (AUPB) as mandated in Article 10 of Law No. 30 of 2014 concerning government administration, namely legal certainty, expediency, impartiality, accuracy, not abusing authority, openness, public interest and good service. the job loss Guarantee program in the above law also provides opportunities for workers who are laid off or who resign from work to get another job through a job training development program so that they can get a better and decent job. Of course, this is in accordance with the concept of justice in law, especially in protecting the Justice of the right to work and a decent livelihood and fulfilling the ius Constituendum of the mandate of Article 28D paragraph (2) of the 1945 Constitution.

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Section: Methodsmentioning

confidence: 99%

JKP Concept in Minister of Labor Regulations Number 4 of 2022 in ILO Perspective and Justice in Law

Setiyawan,

Rahmad

2022

Amnesti

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“…Adanya presidential threshold yang dinilai diskriminatif tidak dibenarkan, karena sudah diatur dengan ketentuannyapada Pasal 28J ayat (2) UUD NRI Tahun 1945. Hal tersebutdisebabkantidak semuapembedaan perlakuan dinilai diskriminatif, mengingat dikatakan diskriminatif apabila hal yang sama diperlakukan secara berbeda (Saifulloh, 2022).…”

Section: Regulasi Presidential Treshold Dalam Pencalonan Presiden Per...unclassified

Politik dan HAM: Analisis Yuridis Regulasi Presidential Treshold Pemilihan Calon Presiden di Indonesia

Sari,

Desiandri

2023

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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.

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“…According to the petitioners, the arrangement of a proportional system with an open list is contrary to the provisions of the constitutional norm, where the election participants are political parties (Saifulloh, 2022). However, the role Vol.…”

Section: Introductionmentioning

confidence: 99%

A Juridical Review of the Open Proportional System in the 2024 General Election

Sapardiyono,

Santoso,

Dewi

et al. 2024

Amnesti

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The emergence of the petition for judicial review of Case Number 114/PUU-XX/2022 against Law Number 7 of 2007 concerning General Elections has raised the political temperature of the country. The petitioners argued that the open proportional system was contrary to the 1945 Constitution and should therefore be replaced with a closed proportional system. The petitioners, who are political party officials, feel that the open proportional system has harmed their constitutional rights. This study aims to determine the extent to which the implementation of elections using an open proportional system can make the implementation of elections more democratic or, on the contrary, has created corrupt elections. A better alternative electoral system needs to be encouraged to realise a higher quality democracy. In general, the research method used in this research uses normative research by prioritising literature studies. The study is directed to be able to answer various problems that have been formulated as problem formulations. The result of this research is that elections with an open proportional system in reality cause rampant money politics, this is as a result of the intense internal competition of political parties. Therefore, it is necessary to encourage alternatives to make changes to the electoral system. The benefits of this research are expected to provide input to all stakeholders in elections, both the House of Representatives of The Republic of Indonesia (DPR RI), the Government, election organisers and political parties.

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Penafsiran Pembentuk Undang-Undang Membentuk Kebijakan Hukum Terbuka Presidential Threshold Dalam Undang-Undang Pemilihan Umum Yang Bersumber Dari Putusan Mahkamah Konstitusi

Cited by 6 publications

References 0 publications

JKP Concept in Minister of Labor Regulations Number 4 of 2022 in ILO Perspective and Justice in Law

JKP Concept in Minister of Labor Regulations Number 4 of 2022 in ILO Perspective and Justice in Law

Politik dan HAM: Analisis Yuridis Regulasi Presidential Treshold Pemilihan Calon Presiden di Indonesia

A Juridical Review of the Open Proportional System in the 2024 General Election

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