Nowadays, everyone tends to use the right to freedom of speech without limitation, such as emergences of hate speech expression on various social media platforms. However, such expression is regulated by Article 28, paragraph (2) of the ITE Law and deemed to be contrary to public order. On the other hand, this law was considered by some people as a criminalization towards the right to freedom of speech. This paradox becomes a big issue that never ceases to be discussed. That is why Constitutional Court had conducted judicial review on some norms related to freedom of speech. This study aims to analyze the Constitutional Court decision towards the polarity of the right to freedom of speech and the public order. This study uses normative research with the statutory, analytical and comparative approach. Therefore, the results show the importance of limitation in implementing the freedom of speech to protect the constitutional right of society as stated in the 1945 Constitution. Despite the already decided judicial review by the Court, there is still an urgency to revise The ITE law in order to clarify certain rules related to hate speech in social media.
{"title":"LIMITATION OF THE RIGHT TO FREEDOM OF SPEECH ON THE INDONESIAN CONSTITUTIONAL COURT CONSIDERATION","authors":"Titis Anindyajati","doi":"10.33331/ilj.v14i1.45","DOIUrl":"https://doi.org/10.33331/ilj.v14i1.45","url":null,"abstract":"Nowadays, everyone tends to use the right to freedom of speech without limitation, such as emergences of hate speech expression on various social media platforms. However, such expression is regulated by Article 28, paragraph (2) of the ITE Law and deemed to be contrary to public order. On the other hand, this law was considered by some people as a criminalization towards the right to freedom of speech. This paradox becomes a big issue that never ceases to be discussed. That is why Constitutional Court had conducted judicial review on some norms related to freedom of speech. This study aims to analyze the Constitutional Court decision towards the polarity of the right to freedom of speech and the public order. This study uses normative research with the statutory, analytical and comparative approach. Therefore, the results show the importance of limitation in implementing the freedom of speech to protect the constitutional right of society as stated in the 1945 Constitution. Despite the already decided judicial review by the Court, there is still an urgency to revise The ITE law in order to clarify certain rules related to hate speech in social media.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":"358 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80174301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Indonesian Law No. 11 of 2008 on Electronic Information and Transactions as amended by Law No. 19 of 2016 (ITE Law) provides benefits for the community and the business world on justice, legal certainty, and legal protection for activities in cyberspace using electronic media. However, there is an assumption that several articles in the ITE Law have multiple interpretations so that it is potentially to criminalize someone and make law enforcers have different perceptions. The formulation of the problem that the author raises are, first, what is the urgency of changing articles that are considered to have multiple interpretations in the ITE Law during the Covid-19 pandemic? Second, what is the ideal legal product to deal with articles that are considered to have multiple interpretations? The method used is a normative juridical method, the authors use secondary data and analyzed qualitatively. The results of the first research shows that the interpretation of the ITE Law alone is not sufficient and must be revised to support the amendment of the ITE Law. The second research result is that an appropriate legal product is a legally binding legal product for law enforcement officials in conducting investigations, prosecutions, and judicial process, namely Supreme Court Regulations and Attorney General Circulars.
{"title":"THE REASON TO AMANDMENT OF ARTICLE 27 PARAGRAPH (1), ARTICLE 28 PARAGRAPH (1) AND (2) OF THE ITE LAW THAT ARE CONSIDERED TO HAVE MULTIPLE INTERPRETATION OF THE ITE LAW IN THE TIME OF THE COVID-19 PANDEMIC FOR LEGAL CERTAINTY","authors":"R. Karo-Karo","doi":"10.33331/ilj.v14i1.46","DOIUrl":"https://doi.org/10.33331/ilj.v14i1.46","url":null,"abstract":"Indonesian Law No. 11 of 2008 on Electronic Information and Transactions as amended by Law No. 19 of 2016 (ITE Law) provides benefits for the community and the business world on justice, legal certainty, and legal protection for activities in cyberspace using electronic media. However, there is an assumption that several articles in the ITE Law have multiple interpretations so that it is potentially to criminalize someone and make law enforcers have different perceptions. The formulation of the problem that the author raises are, first, what is the urgency of changing articles that are considered to have multiple interpretations in the ITE Law during the Covid-19 pandemic? Second, what is the ideal legal product to deal with articles that are considered to have multiple interpretations? The method used is a normative juridical method, the authors use secondary data and analyzed qualitatively. The results of the first research shows that the interpretation of the ITE Law alone is not sufficient and must be revised to support the amendment of the ITE Law. The second research result is that an appropriate legal product is a legally binding legal product for law enforcement officials in conducting investigations, prosecutions, and judicial process, namely Supreme Court Regulations and Attorney General Circulars.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84609118","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. This principle is one of the Human Rights principles that are necessary for the progress of humanity itself. But its existence has always triggered a dispute because of the abuse of the right. The abuse of the rights consists of Hate Speech and Hoaxes. This research is normative legal research that uses a comparative approach and conceptual approach. And also, this research will compare the Freedom of Speech and Broadcasting laws in Indonesia and Singapore, especially law in the broadcasting sector. Theoretically, the benefits of this research are to answer the problem of correcting Freedom of Speech, especially in broadcasting law. Practically, it is helpful for society to know much more about hate speech and hoaxes also the possibility to correct the broadcasting law in Indonesia based on the same regulation in Singapore.
{"title":"POSSIBILITY TO CORRECT THE FREEDOM OF SPEECH IN INDONESIAN LAW: COMPARISON BETWEEN SINGAPORE LAW AND INDONESIAN LAW ON BROADCASTING","authors":"Dian Narwastuty, Christian Nugraha","doi":"10.33331/ilj.v14i1.43","DOIUrl":"https://doi.org/10.33331/ilj.v14i1.43","url":null,"abstract":"Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. This principle is one of the Human Rights principles that are necessary for the progress of humanity itself. But its existence has always triggered a dispute because of the abuse of the right. The abuse of the rights consists of Hate Speech and Hoaxes. This research is normative legal research that uses a comparative approach and conceptual approach. And also, this research will compare the Freedom of Speech and Broadcasting laws in Indonesia and Singapore, especially law in the broadcasting sector. Theoretically, the benefits of this research are to answer the problem of correcting Freedom of Speech, especially in broadcasting law. Practically, it is helpful for society to know much more about hate speech and hoaxes also the possibility to correct the broadcasting law in Indonesia based on the same regulation in Singapore.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":"3 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89368113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Actors utilize the internet to spread disinformation. The content might be irritated the public but does not cause direct distribution to public order. Article 14 and Article 15 of Law No. 1 of 1946 on Criminal Law Regulation prohibit the publication of disinformation that causes the distribution to public order. However, the implementation of the legislation shows that the panel of judges punish the actor who publishes disinformation without considering the impact of that disinformation on society. Therefore, the purpose of this research is to criticize the limitation of disinformation distribution through the internet under offenses principles. The principles are used to analyze the relevancy and limitation of criminalization in article 14 and article 15. By using document research with the statute, case, and conceptual approaches, it is concluded that the intervention of criminal law may be justified to protect public order, but the intervention shall be limited which strict requirements.
{"title":"OFFENCES PRINCIPLES AND A LIMITATION FOR DISINFORMATION VIA THE INTERNET IN INDONESIA","authors":"V. Prahassacitta","doi":"10.33331/ilj.v14i1.49","DOIUrl":"https://doi.org/10.33331/ilj.v14i1.49","url":null,"abstract":"Actors utilize the internet to spread disinformation. The content might be irritated the public but does not cause direct distribution to public order. Article 14 and Article 15 of Law No. 1 of 1946 on Criminal Law Regulation prohibit the publication of disinformation that causes the distribution to public order. However, the implementation of the legislation shows that the panel of judges punish the actor who publishes disinformation without considering the impact of that disinformation on society. Therefore, the purpose of this research is to criticize the limitation of disinformation distribution through the internet under offenses principles. The principles are used to analyze the relevancy and limitation of criminalization in article 14 and article 15. By using document research with the statute, case, and conceptual approaches, it is concluded that the intervention of criminal law may be justified to protect public order, but the intervention shall be limited which strict requirements.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":"39 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74427346","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Notwithstanding obstacles to the power and jurisdiction of the ICC, the judges’ posture is that the court is ever ready to protect ethnic minorities against any form of violations. Regarding the situation of the Rohingya people in Myanmar, the Pre-Trial Chamber 1 and III of the ICC held that the ICC could exercise jurisdiction over Myanmar, a non-party State to the Rome Statute, for the deportation of the Rohingya people to Bangladesh. With these decisions, international observers hope for accountability for those responsible for the crimes committed against the Rohingya people. It examines the applicable law and history of discrimination of the Rohingya people using the descriptive method and then examines the jurisprudence behind these rulings using the analytical method. Finally, this article suggests that the Rome Statute should be consistently interpreted by the ICC judges to advance the Rome Statute’s intention, especially when ethnic minority groups are involved.
{"title":"THE INTERNATIONAL CRIMINAL COURT AS A VERITABLE TOOL FOR THE PROTECTION OF THE RIGHTS OF ETHNIC MINORITIES: EXAMINING THE ICC’S DECISIONS REGARDING THE PEOPLE OF ROHINGYA","authors":"Ikechukwu P. Ugwu","doi":"10.33331/ilj.v14i1.50","DOIUrl":"https://doi.org/10.33331/ilj.v14i1.50","url":null,"abstract":"Notwithstanding obstacles to the power and jurisdiction of the ICC, the judges’ posture is that the court is ever ready to protect ethnic minorities against any form of violations. Regarding the situation of the Rohingya people in Myanmar, the Pre-Trial Chamber 1 and III of the ICC held that the ICC could exercise jurisdiction over Myanmar, a non-party State to the Rome Statute, for the deportation of the Rohingya people to Bangladesh. With these decisions, international observers hope for accountability for those responsible for the crimes committed against the Rohingya people. It examines the applicable law and history of discrimination of the Rohingya people using the descriptive method and then examines the jurisprudence behind these rulings using the analytical method. Finally, this article suggests that the Rome Statute should be consistently interpreted by the ICC judges to advance the Rome Statute’s intention, especially when ethnic minority groups are involved.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":"326 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82824510","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-03-30DOI: 10.5220/0009922410321037
M. Wafa, Sudirman Abbas, U. Sulaiman, Atep Abdurofiq
AbstractThis study aims at examining the law and impact of corrupt politician behavior on public trust in political parties and the efforts of reforms by the parties. Using the survey method, this study has come to the following conclusions. (1) the corruption committed by politicians mostly occurs due to the work pattern and the Indonesian political system which develops towards political apathy, in which regeneration does not optimally take place, while the drive to maintain power and dominate the political parties in the state system is increasing; (2) the corruption does not only influence the public trust in political parties, but also the perspective and paradigm of society towards the political system and government in Indonesia. (3) The impact of this political apathy, which we might be able to see from how the radicalism and extremism easily exist and develop in Indonesia. An encouragement to even create a new system is present from this political apathy. If this is not immediately corrected, a change in the system in Indonesia can probably occur.Keywords: Law, Corruption, politicians, Political Parties, Community Trust.
{"title":"The Law and Impact of Political Corruption on Community Trust In Political Parties In Indonesia","authors":"M. Wafa, Sudirman Abbas, U. Sulaiman, Atep Abdurofiq","doi":"10.5220/0009922410321037","DOIUrl":"https://doi.org/10.5220/0009922410321037","url":null,"abstract":"AbstractThis study aims at examining the law and impact of corrupt politician behavior on public trust in political parties and the efforts of reforms by the parties. Using the survey method, this study has come to the following conclusions. (1) the corruption committed by politicians mostly occurs due to the work pattern and the Indonesian political system which develops towards political apathy, in which regeneration does not optimally take place, while the drive to maintain power and dominate the political parties in the state system is increasing; (2) the corruption does not only influence the public trust in political parties, but also the perspective and paradigm of society towards the political system and government in Indonesia. (3) The impact of this political apathy, which we might be able to see from how the radicalism and extremism easily exist and develop in Indonesia. An encouragement to even create a new system is present from this political apathy. If this is not immediately corrected, a change in the system in Indonesia can probably occur.Keywords: Law, Corruption, politicians, Political Parties, Community Trust. ","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49106865","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
A person is not liable to be arrested merely on the suspicion of complicity in an offence. The date and time of arrest shall be recorded in the memo which must also be countersigned by the arrestee. The right to counsel begins when a person is being interrogated and continues through pre-trial stages to trial and into appeal since it is an essential ingredient of reasonable, fair and just procedure. It would be prudent for the police officer to allow a lawyer where the accused wants to have one at the time of interrogation, if he wants to escape the censure that the interrogation is carried on in secrecy by physical and psychic torture. However these formalities are not at followed in all cases and in all countries. The higher police officials, even though they may be privately be critical of the actions of the lower officials, are having tendency to protect their fellowmen or the government from civil liability. Keywords: Arbitrary Arrest, Custodial Death, Judicial Review, Torture, Victim
{"title":"Judicial Trend in Protecting Human Rights of Persons in Police Custody","authors":"N. K. Kumar","doi":"10.15408/JCH.V9I1.18299","DOIUrl":"https://doi.org/10.15408/JCH.V9I1.18299","url":null,"abstract":"A person is not liable to be arrested merely on the suspicion of complicity in an offence. The date and time of arrest shall be recorded in the memo which must also be countersigned by the arrestee. The right to counsel begins when a person is being interrogated and continues through pre-trial stages to trial and into appeal since it is an essential ingredient of reasonable, fair and just procedure. It would be prudent for the police officer to allow a lawyer where the accused wants to have one at the time of interrogation, if he wants to escape the censure that the interrogation is carried on in secrecy by physical and psychic torture. However these formalities are not at followed in all cases and in all countries. The higher police officials, even though they may be privately be critical of the actions of the lower officials, are having tendency to protect their fellowmen or the government from civil liability. Keywords: Arbitrary Arrest, Custodial Death, Judicial Review, Torture, Victim","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46252670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
AbstractElection is the embodiment of democracy in Indonesia, the political participation of the people in elections which is implemented in the form of voting rights by people who already have the right to vote. Article 1 paragraph 2 of the 1945 Constitution of the Republic of Indonesia states that sovereignty is in the hands of the people and is exercised according to the Constitution, in its implementation, an Election is held as a process of channeling the aspirations of the people who already have rights where all citizens have the same rights to choose and be chosen to be a leader. The purpose of this research is to provide an understanding and description of the strategy of the General Election Commission in enhancing the role of women in the Regional Head Elections in Pesawaran District in 2020. This research uses qualitative data analysis methods, namely describing and analyzing the data and data sources obtained and then described in the form real explanation. The results showed that the strategy of the General Election Commission (KPU) of Pesawaran Regency in increasing the role of women in regional head elections was carried out by maximizing the ability of electronic media and internet media to socialize, increasing cooperation from related organizations to socialize, and Validating Voter Data.AbstrakPemilu merupakan perwujudan dari Demokrasi di Indonesia, Partisipasi politik masyarakat dalam Pemilu yang diimplementasikan dalam bentuk pemberian hak suara oleh masyarakat yang telah memiliki hak untuk memberikan suaranya. Pasal 1 ayat 2 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 menyatakan bahwa kedaulatan berada ditangan rakyat dan dilaksanakan menurut Undang-Undang Dasar, dalam pelaksanaannya maka diadakan Pemilu sebagai proses penyaluran aspirasi rakyat yang telah memiliki hak dimana seluruh warga negara memiliki hak yang sama untuk memilih dan dipilih menjadi pemimpin. Adapun tujuan penelitian ini adalah untuk memberikan pemahaman dan gambaran mengenai strategi Komisi Pemilihan Umum dalam peningkatkan peran perempuan pada Pemilihan Kepala Daerah di Kabupaten Pesawaran Tahun 2020. Penelitian ini menggunakan metode analisis data kualitatif yaitu mendeskripsikan serta menganalisis data dan sumber data yang diperoleh kemudian dijabarkan dalam bentuk penjelasan yang sebenarnya. Hasil penelitian menunjukkan bahwa strategi Komisi Pemilihan Umum (KPU) Kabupaten Pesawaran dalam meningkatkan peran perempuan pada pemilihan kepala daerah dilakukan dengan memaksimalkan kemampuan media elektronik dan media internet untuk bersosialisasi, meningkatkan kerjasama dari organisasi-organisasi terkait untuk bersosialisasi, dan Validasi Data Pemilih.
【摘要】选举是印尼民主的体现，是人民对选举的政治参与，是由已有选举权的人以投票权的形式实现的。1945年《印度尼西亚共和国宪法》第1条第2款规定，主权掌握在人民手中，并根据《宪法》行使主权。在执行《宪法》的过程中，举行选举作为一种引导已经享有权利的人民的愿望的过程，所有公民都有选择和被选为领导人的同样权利。本研究的目的是了解和描述大选委员会在2020年白沙瓦兰地区区长选举中加强妇女作用的战略。本研究采用定性数据分析方法，即对获得的数据和数据源进行描述和分析，然后以真实解释的形式进行描述。结果显示，白沙瓦兰县总选委员会(KPU)通过最大化电子媒体和网络媒体的社交能力、增加相关组织的社交合作以及验证选民数据，来提高妇女在地区首长选举中的作用。【摘要】【摘要】印尼民主党籍、政党党籍、政党党籍、政党党籍、政党党籍、政党党籍、政党党籍、政党党籍、政党党籍、政党党籍、政党党籍、政党党籍、政党党籍、政党党籍、政党党籍。unang - undang Dasar Negara共和国印度尼西亚Tahun 1945 menyatakan bahwa kedaulatan berada ditangan rakyat dan dilaksanakan menurut unang - undang Dasar, dalam pelaksanaannya maka diadakan Pemilu sebagai表示penyaluran aspirasasrakyat yang telah memorilki hak dimana seluruh warga Negara memorilki hak yang samama untuk memorlih dandipilih menjadi pemimpin。2020年1月1日，国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员、国会议员。Penelitian ini menggunakan方法分析数据定性yitu mendeskripsikan serta menganalis数据和数量数据yang diperoleh kemudian dijabarkan dalam bentuk penjelasan yang sebenarya。Hasil penelitian menunjukkan bahwa strategi Komisi Pemilihan Umum(键盘打印机)县Pesawaran dalam meningkatkan peran perempuan篇Pemilihan kepala daerah dilakukan dengan memaksimalkan kemampuan媒体elektronik丹媒体互联网为她bersosialisasi meningkatkan kerjasama达里语organisasi-organisasi terkait为她bersosialisasi,丹Pemilih Validasi数据。
{"title":"The Strategy of General Election Commission (KPU) in Increasing Women's Roles in Pesawaran District","authors":"I. Farida, M. Ardiansyah, Yetti Reffiani","doi":"10.15408/JCH.V9I1.18765","DOIUrl":"https://doi.org/10.15408/JCH.V9I1.18765","url":null,"abstract":"AbstractElection is the embodiment of democracy in Indonesia, the political participation of the people in elections which is implemented in the form of voting rights by people who already have the right to vote. Article 1 paragraph 2 of the 1945 Constitution of the Republic of Indonesia states that sovereignty is in the hands of the people and is exercised according to the Constitution, in its implementation, an Election is held as a process of channeling the aspirations of the people who already have rights where all citizens have the same rights to choose and be chosen to be a leader. The purpose of this research is to provide an understanding and description of the strategy of the General Election Commission in enhancing the role of women in the Regional Head Elections in Pesawaran District in 2020. This research uses qualitative data analysis methods, namely describing and analyzing the data and data sources obtained and then described in the form real explanation. The results showed that the strategy of the General Election Commission (KPU) of Pesawaran Regency in increasing the role of women in regional head elections was carried out by maximizing the ability of electronic media and internet media to socialize, increasing cooperation from related organizations to socialize, and Validating Voter Data.AbstrakPemilu merupakan perwujudan dari Demokrasi di Indonesia, Partisipasi politik masyarakat dalam Pemilu yang diimplementasikan dalam bentuk pemberian hak suara oleh masyarakat yang telah memiliki hak untuk memberikan suaranya. Pasal 1 ayat 2 Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 menyatakan bahwa kedaulatan berada ditangan rakyat dan dilaksanakan menurut Undang-Undang Dasar, dalam pelaksanaannya maka diadakan Pemilu sebagai proses penyaluran aspirasi rakyat yang telah memiliki hak dimana seluruh warga negara memiliki hak yang sama untuk memilih dan dipilih menjadi pemimpin. Adapun tujuan penelitian ini adalah untuk memberikan pemahaman dan gambaran mengenai strategi Komisi Pemilihan Umum dalam peningkatkan peran perempuan pada Pemilihan Kepala Daerah di Kabupaten Pesawaran Tahun 2020. Penelitian ini menggunakan metode analisis data kualitatif yaitu mendeskripsikan serta menganalisis data dan sumber data yang diperoleh kemudian dijabarkan dalam bentuk penjelasan yang sebenarnya. Hasil penelitian menunjukkan bahwa strategi Komisi Pemilihan Umum (KPU) Kabupaten Pesawaran dalam meningkatkan peran perempuan pada pemilihan kepala daerah dilakukan dengan memaksimalkan kemampuan media elektronik dan media internet untuk bersosialisasi, meningkatkan kerjasama dari organisasi-organisasi terkait untuk bersosialisasi, dan Validasi Data Pemilih.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44432200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article explores the position of customary law before state law and Catholic religious law regarding marriage in Mangggarai, Flores, Indonesia. This study applied a critical analytic approach. This study found that the legal position of Manggarai adat concerning marriage is weaker and tends to be marginalized. It happened because state law explicitly Law No. 1 of 1974 concerning Marriage merely accepting the legality of marriage based on religious law and not customary law. Meanwhile, religious law, in this case, Catholicism, does not provide space for customary law in matters of marital legality. As a result, many married couples who have been bound their marriage according to customary law experienced injustice as their marriage was considered illegitimate according to religious and state law. However, this research found many positive contributions of customary law to the process, legality, and integrity of marriage. Therefore, this study recommends that the Indonesian Marriage Law and Catholic Religious Law need to accommodate customary law in marriage, taking into account human rights and justice principles. Both laws need to be revised so that they can place local customary law in an equal position.
{"title":"Customary Law Before Religion and State Laws Regarding Marriage In Manggarai, Eastern Indonesia","authors":"Y. Lon, Fransiska Widyawati","doi":"10.15408/JCH.V9I1.16510","DOIUrl":"https://doi.org/10.15408/JCH.V9I1.16510","url":null,"abstract":"This article explores the position of customary law before state law and Catholic religious law regarding marriage in Mangggarai, Flores, Indonesia. This study applied a critical analytic approach. This study found that the legal position of Manggarai adat concerning marriage is weaker and tends to be marginalized. It happened because state law explicitly Law No. 1 of 1974 concerning Marriage merely accepting the legality of marriage based on religious law and not customary law. Meanwhile, religious law, in this case, Catholicism, does not provide space for customary law in matters of marital legality. As a result, many married couples who have been bound their marriage according to customary law experienced injustice as their marriage was considered illegitimate according to religious and state law. However, this research found many positive contributions of customary law to the process, legality, and integrity of marriage. Therefore, this study recommends that the Indonesian Marriage Law and Catholic Religious Law need to accommodate customary law in marriage, taking into account human rights and justice principles. Both laws need to be revised so that they can place local customary law in an equal position.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":"9 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42400577","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract.The decision of the Supreme Court Number 46 P/HUM/2018 has triggered the division of the legal paradigm in Indonesia. The philosophical discourse between justice, certainty, and the legal use in the reality of Indonesian law reflects the strong grip of legal positivism that resides in the Supreme Court's decision and causes a waning sense of justice and public hope to obtain a track record of candidates who are proper and with integrity. This study aims to explain the philosophical dialectic between justice, certainty, and legal use in PMA No. 46 of 2018 while expressing a representation of justice, construction of legal certainty and legal use that is incarnated according to the judge's consideration in the decision. The approach through justice theory John Stuart Mill and John Rawls will be used to slice the conception of justice, certainty, and legal use that resides in the decision of the Supreme Court Number 46 P/HUM /2018. This research is a normative-philosophical legal research. The results showed that the construction of justice imprinted in the verdict tended to project the concept of justice as equality (justice as fairness) from John Rawls, this can be seen from the consideration of judges contained in decisions emphasizing individual freedom (political rights, elected and elected) as a form of efforts to strengthen libertarian rights or natural rights that cannot be negated by the freedom of others. The aspects of legal benefit and certainty reflect the grip of the positivistic paradigm in law. This is reflected in two lines of consideration, firstly there is no consideration of the common interest (the greatest benefit) in the decision which is a test stone to see the implications of the prohibition norm for former convicted corruption for the future of parliament and the regeneration of people's representatives. Whereas the aspect of legal certainty in the decision only touches the legal realm as lex and negates the ontological basis of the law as an ius which is full of consideration of morality and justice ideas without trying to reveal what is behind the text (meta-teleological aspects) PKPU No. 20 of 2018. Thus, three legal values (certainty, legal use, and justice) should have an equally important position within the framework of the state legal system. When all three are in conflict, the central role of the judge's duty to equally apply the three legal objectives.Keywords: Justice, certainty, legal use, Law, Supreme Court Decision.
{"title":"Construction of Justice, Certainty, and Legal Use in the Decision of the Supreme Court Number 46 P/HUM/2018.","authors":"Raju Moh Hazmi, A. Jahar, N. Adhha","doi":"10.15408/JCH.V9I1.11583","DOIUrl":"https://doi.org/10.15408/JCH.V9I1.11583","url":null,"abstract":"Abstract.The decision of the Supreme Court Number 46 P/HUM/2018 has triggered the division of the legal paradigm in Indonesia. The philosophical discourse between justice, certainty, and the legal use in the reality of Indonesian law reflects the strong grip of legal positivism that resides in the Supreme Court's decision and causes a waning sense of justice and public hope to obtain a track record of candidates who are proper and with integrity. This study aims to explain the philosophical dialectic between justice, certainty, and legal use in PMA No. 46 of 2018 while expressing a representation of justice, construction of legal certainty and legal use that is incarnated according to the judge's consideration in the decision. The approach through justice theory John Stuart Mill and John Rawls will be used to slice the conception of justice, certainty, and legal use that resides in the decision of the Supreme Court Number 46 P/HUM /2018. This research is a normative-philosophical legal research. The results showed that the construction of justice imprinted in the verdict tended to project the concept of justice as equality (justice as fairness) from John Rawls, this can be seen from the consideration of judges contained in decisions emphasizing individual freedom (political rights, elected and elected) as a form of efforts to strengthen libertarian rights or natural rights that cannot be negated by the freedom of others. The aspects of legal benefit and certainty reflect the grip of the positivistic paradigm in law. This is reflected in two lines of consideration, firstly there is no consideration of the common interest (the greatest benefit) in the decision which is a test stone to see the implications of the prohibition norm for former convicted corruption for the future of parliament and the regeneration of people's representatives. Whereas the aspect of legal certainty in the decision only touches the legal realm as lex and negates the ontological basis of the law as an ius which is full of consideration of morality and justice ideas without trying to reveal what is behind the text (meta-teleological aspects) PKPU No. 20 of 2018. Thus, three legal values (certainty, legal use, and justice) should have an equally important position within the framework of the state legal system. When all three are in conflict, the central role of the judge's duty to equally apply the three legal objectives.Keywords: Justice, certainty, legal use, Law, Supreme Court Decision.","PeriodicalId":53726,"journal":{"name":"Jurnal Cita Hukum-Indonesian Law Journal","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2021-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48540674","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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