JIL : Journal of Indonesian Law

POTRET TREN DAN EVALUASI PENEGAKAN HUKUM TINDAK PIDANA PEMILU 2024

Wilma Silalahi — 2024-12-15

This study aims to examine the portrait of trends and evaluation of law enforcement of election crimes in 2024. This is because elections are one of the means to realize democracy in Indonesia. As a way to elect representatives who will represent the people in government, the people always look forward to this sacred agenda. Unfortunately, this sacred agenda is still tainted by various criminal acts despite the existence of laws and regulations that prohibit all forms of dirty practices in elections. This can reduce citizens' enthusiasm and trust in the organization of elections, which in turn can degrade the role of elections as a means of democracy and undermine democratic values. This research is an exploratory study that seeks to explore trends in criminal offenses in the 2024 elections and things that need to be evaluated from law enforcement of criminal offenses in the 2024 elections. The criminal offense trends in the 2024 elections are violations of the neutrality of ASN and state officials, the practice of money politics, and illegal campaign funds. These three cases deviate from the theory of public law protection and the theory of good governance, and injure legal certainty and the principle of openness in the general principles of good governance (AAUPB). There are still shortcomings and obstacles in law enforcement of election crimes in 2024, both in terms of legal structure, legal substance, and legal culture. Therefore, for better elections in the future, the government must take strategic steps in handling election crimes, including through reformulation of the Election Law, special guidance on the integrity of ASN, state officials, and the Gakkumdu Center, as well as improving public welfare and education.

TA’ZIR SANTRI IN THE PERSPECTIVE OF LEGAL AND MORAL DIALECTICS

Fahrurrosin — 2024-12-15

This research analyzes implementation of ta’zir at Salafiyah Islamic Boarding School Grogol, Salatiga, as a step toward harmonizing law and morals. Ta’zir is often perceived negatively being contradictory to legal morality. However, within context of Islamic boarding schools, ta’zir is an integral part of educational traditions rooted in local cultural values. This research employs a qualitative approach, utilizing interviews and direct observations to gather primary data from administrators and santri. The findings reveal that ta’zir at Salafiyah Islamic boarding school is a product of collective agreement, reflecting religious morality and legal culture of Islamic boarding school. Punishments such as Qur'an recitation or material contributions are designed to educate santri, foster accountability, and create social harmony. In conclusion, ta’zir is not merely a disciplinary mechanism but also a character-building tool aligned with both law and morality.

URGENSI PEMBENTUKAN UNDANG-UNDANG LEMBAGA KEPRESIDENAN DALAM MEWUJUDKAN PEMILIHAN UMUM BERINTEGRITAS DI INDONESIA

Aditya Andela Pratama — 2024-12-15

This study aims to analyze the urgency of establishing the Presidential Institution Law as an effort to improve election integrity. This research uses normative juridical method with statutory, conceptual, comparative, and historical approaches. This research uses legal materials in the form of Constitutional Court Decision 1/PHPU.PRES-XXII/2024 (Anies-Muhaimin), Decision Number 2/PHPU.PRES-XXII/2024 (Ganjar Mahfud), the Draft Law on Presidential Institutions and other legal materials relevant to this research. The results show that the establishment of a special law on presidential institutions is needed to clarify the limits of the president's authority during the election period, especially in terms of the use of state resources, political influence, and intervention in the democratic process. These restrictions will reduce the potential for conflicts of interest and abuse of power, thereby creating a more transparent, fair and integrity mechanism in elections.

DIGITAL TRANSFORMATION IN THE JUSTICE SYSTEM: ENHANCING EFFICIENCY AND ACCESSIBILITY OF LEGAL SERVICES

Muhamad Latif — 2024-12-15

This research aims to examine digital transformation in the field of law and its implications for the justice system in Indonesia. The method used literature review by analyzing variety of relevant literature, including books, articles, journals, and previous research that related to digital transformation in law. Data is analyzed qualitatively by examining the development of digital technology, its impact on legal practices, and the challenges faced. The research results show that digital transformation in law refers to the utilization of information and communication technology, such as e-court, e-filing, and cloud-based data management, aimed at increasing efficiency, transparency, and expanding access to justice. However, several challenges such as data protection, technology access, the digital divide, and regulatory changes still need further attention. Therefore, collaboration between the government, legal institutions, and technology plays a crucial role in realizing a more transparent, efficient, and just justice system.

URGENSI KEWENANGAN MAHKAMAH KONSTITUSI DALAM PENGUJIAN DAN PENGADUAN KONSTITUSIONAL ATAS UNDANG-UNDANG NON-MEANINGFUL PARTICIPATION

Anajeng Esri Edhi Mahanani — 2024-12-15

This study aims to analyze the urgency of the authority of the Constitutional Court in Constitutional Testing and Constitutional Complaints on the Non Meaningful Participation Law or in other words the law was formed by violating the democratic rights of the community. Laws must be formed based on the will of the people. The people as the highest holder of sovereignty are the focus of every law formation, so that the law has good validity in society. The formation of laws with non-meaningful participation, or pseudo-degree laws that lack or even negate people's participation is prone to formal testing. The research uses normative juridical method with literature study. The results showed that two mechanisms, namely formal constitutional testing of laws and constitutional complaints, can be used to test laws that are not participatory. However, currently constitutional complaints do not exist in Indonesia, so strengthening formal testing even for each before testing the law materially becomes important. Constitutional complaints can be the last alternative in the future, for decisions that still cannot provide justice and benefit to the holders of sovereignty, namely the people.