Suchergebnisse

Pembentukan undang-undang pada medio 2019-2020 kerap dianggap tidak berkualitas yang disebabkan pembahasan yang sembunyi-sembunyi, tidak transparan, dan terkesan terburu-buru. Kondisi ini memperburuk proses legislasi di Indonesia. Mekanisme fast-track legislation yang tidak dimiliki di Indonesia namun seolah-olah telah dipraktikkan, mengakibatkan adanya asumsi tirani legislasi dalam proses pembentukan undang-undang di Indonesia. Oleh karena itu fast-track legislation menjadi alternatif gagasan untuk membatasi kekuasaan praktik pembentukan undang-undang yang buruk tidak terulang kembali. Artikel ini dimaksudkan untuk meninjau bagaimana pengaturan dan praktik fast-track legislation di berbagai negara serta menganalisis proyeksi pengadopsian fast-track legislation ke dalam sistem pembentukan undang-undang di Indonesia dengan cara menelaah secara konseptual tentang pembatasan kekuasaan presiden di bidang legislasi. Penelitian ini menggunakan metode penelitian hukum normatif, dengan pendekatan perbandingan hukum. penelitian dilakukan dengan meneliti materi pengaturan dan praktik pelaksanaan fast-track legislation di beberapa negara yang memilikinya seperti Inggris, Amerika Serikat, Selandia Baru, Perancis, Kolombia, dan Ekuador untuk ditemukan hal yang dapat diadopsi dan hal yang perlu dihindari apabila kemudian diadopsi ke dalam pembentukan undang-undang di Indonesia.

The Decree of a state of emergency affects not only the executive and legislative branches but also the judiciary. The Covid-19 Pandemic in various countries has both direct and indirect effects on the judiciary, especially in the performance of its duties and functions. This article is to found out the answer of two research question first, how court administration in the United States and Indonesia responds to the Covid-19 pandemic emergency and second, how is its reflection in on optimizing access to justice for court administration even under in the state of emergencies to the pandemic Covid -19. This study uses the comparative method by a study on legal material and practice of judicial emergency in other countries to take the best material and approach to provides advice that needs to be avoided in Indonesian Judiciary. This article has a novelty that legal material in the Judiciary act and procedural law books so limiting delegation to set supplementary regulations for each court and creating potential uniformity for emergency policy in the judiciary.

AbstractAfter the collapse of the New Order regime, the hope of a more realized configuration gave freedom of approval through apress. However, the freedom obtained by the Press is currently full of negatives, namely news of false news that is increasing. The method used in this study is a normative juridical legal research method. According to the results of the 2018 Edelman Trust Barometer survey, seven out of 10 people in the world were worried that fake news would be used as "weapons". In Indonesia alone, 76 to 80 percent of the public is worried about using hoaks as a weapon to create instability in the country. These findings indicate that there are challenges from democratic reform and post-reform law enforcement. This paper discusses the solution to the legal aspect of dealing with the rise of false news as an effort to protect democracy and freedom of information.Keywords: Press Freedom, Law Enforcement, Democracy.

Indonesian constitutional reform after the fall of Soeharto's New Order brings favorable direction for the judiciary. Constitutional guarantee of judicial independence as regulated in Art 24 (1) of the 1945 Constitution, has closed dark memories in the past. This article decides that the Judiciary is held by the Supreme Court and the judicial bodies below and a Constitutional Court. Such a strict direction of regulation plus the transformation of the political system in a democratic direction should bring about the implementation of the independent and autonomous judiciary. But in reality, even though in a democratic political system and constitutional arrangement affirms the guarantee of independence, but it doesn't represent the actual situation. There are some problems that remain, such as (i) the absence of a permanent format regarding the institutional relationship between the Supreme Court, the Constitutional Court, and the Judicial Commission, and (ii) still many efforts to weaken judiciary through different ways such criminalization of judge. Referring to the problem above, then there are gaps between what "is" and what "ought", among others. First, by changing political configuration that tends to be more democratic, the judiciary should be more autonomous. In this context, various problems arise such as (i) disharmony in regulating the pattern of relations between judicial power actors, (ii) various attempts to criminalize judges over their decisions, and (iii) judicial corruption. Second, by the constitutional guarantee of the independence of the judiciary, there will be no legislation that that may reduce constitutional guarantee. However, there are many legislation or regulations that still not in line with a constitutional guarantee concerning judicial independence. This paper reviews and describes in-depth about how to implement constitutional guarantees of judicial independence after the political transition and conceptualize its order to strengthen rule of law in Indonesia

State administration office as state agency has broad authority in executing government affairs. This widespread authority tending to be misused so could cause loss and injustice on the part of society, therefore there must be other institutions that control it. Based on some political theory, executive as state agency are politically controlled by legislative and are juridical controlled by a judiciary, so state administrative officials carry out executive functions so juridical control judiciary are state administrative courts. In addition, public service is the social rights of society (social rights). Social rights are the rights to receive and the rights to receive from the government, therefore the government organizer is obliged to provide the best service to the community. However, the implementation of public services has not been well received by the community. Governance And Decentralization Survey (GDS) 2012 found three important issues that occurred in the field of public service delivery, first, the magnitude of service discrimination, Second, there was no certainty of cost and time of service, third, low level of public satisfaction with public service. From this situation opens the opportunity for government organizers to perform maladministration actions in public service. The number of maladministration actions in public service can be evidenced by the data reported by the Ombudsman, every year its charts always rise. Due to the construction of legal accountability for maladministration actions undertaken by government organizers in public service must be immediately re-established. Keywords: Legal Aspect, Public Service, Maladministration

Research on "checks and balances" in legal studies often raises high quality questions such as, is the checks and balances a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History has been recorded that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into the constitution is an interesting study to determine the portion and posture. This study used using legal normative methodology. In addition, comparative studies on constitution was conducted using classic and modern constitutional law literature. Several approaches were used on this research such as, historical, political, economical approach on understanding the practice on checks and balance which stated in constitutions in some countries.

On Research "checks and balances" in legal studies often raises high quality questions such as, does the checks and balances is a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History been recorded, that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into the constitution is an interesting study to determine the portion and posture. This study will be using legal normative methodoloy, on the other hand, comparative studies on constitution which will be conducted and using classic and modern constitutional law literature. Several approach will be use on this research such as, historical, political, economical approach on understanding the practice on checks and balance which pouring in constitutions in some countries. This paper will be conclude that, there are many ways to divide power. Some constitutions use different types of division; others only a few uses. There is no single correct way to share power for all countries at all times. Instead, the crucial point for the purpose of this is that the different ways of sharing power have different effects. Because of checks and balances is the heart of constitutionalism constitutionalist has devoted a long time to research, the focus of research on the effects of different ways to divide power, both alone and in combination. But there is no constitutional system does everything well; there is always a trade-off, or the choice to be made. Some of the constitutional system are made, for example, tends to cause very inclusive but rather has a pattern of offending politically; others will lead to a little more exclusive, but also more stable in the political system. Some systems give rise to constitutional politics focuses on ideology but not local interests; others have focused on the interests of local politics but not ideologies, and so on. All the systems have advantages and disadvantages as well.

On Research "checks and balances" in legal studies often raises high quality questions such as, does the checks and balances is a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History been recorded, that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into the constitution is an interesting study to determine the portion and posture.

The acute respiratory disease caused by the 2019 Novel Coronavirus (2019-nCoV) is officially named Severe Acute Respiratory Syndrome-Coronavirus 2 (SARS-CoV-2). SARS-CoV-2 causes the disease Coronavirus Disease 2019 (COVID-19). To overcome the spread of COVID-19, the government has imposed restrictions on residents' activities by enforcing the Large-Scale Social Restrictions (PSBB) regulations. This condition causes anxiety in the community. It is suspected that the level of knowledge will affect the level of stress and anxiety of middle and high school students. Aim. Knowing whether there is a relationship between the level of knowledge about COVID-19 with the stress and anxiety levels of junior and senior high school students during vaccination at the Poltekkes Kemenkes Tanjungpinang. Method. The method used is a cross sectional analytic approach with the use of the Slovin formula in determining the number of samples. The necessary data were obtained through a questionnaire during vaccination. This research took place from May to July 2021. Results. The research sample was obtained as many as 129 students. Based on the Spearman correlation test, the p value = 0.036, indicating a relationship between the level of knowledge and the level of perceived anxiety, as well as between the level of knowledge and the level of stress showed a relationship marked by the value of p = 0.040. Conclusion. There is a sufficient relationship between the level of knowledge about COVID-19 and the level of anxiety and stress during the PSBB period for junior high and high school students during vaccination at the Poltekes Kemenkes Tanjungpinang.The acute respiratory disease caused by the 2019 Novel Coronavirus (2019-nCoV) is officially named Severe Acute Respiratory Syndrome-Coronavirus 2 (SARS-CoV-2). SARS-CoV-2 causes the disease Coronavirus Disease 2019 (COVID-19). To overcome the spread of COVID-19, the government has imposed restrictions on residents' activities by enforcing the Large-Scale Social Restrictions (PSBB) ...

Introduction to the Problem: In post-constitutional reform, every political party seeks to maximize each component within its party structure. One feature that has direct contact with the society is the political party wing, which is an essential resource in the regeneration of political party in internalizing its ideology and the development of the militancy character that can be done more efficiently. The institutional arrangements of the political party wing so far are still minimal. The limitations of the organizational structures of the political party wing have an impact on the uncertainty regarding the institutional organization of their wing organization.Objectives of the Study: This article identifies and examines the implication of the provision on the political party wing towards the institutional clarity of their wing organization; and the implications of the institutional arrangements of the political party wing on the functions of the political party.Methodology: This article uses normative legal research that analyses relevant secondary data related to the political party wing. This study concluded that the political party wing could be regulated as a public legal entity that is a part of the political party or an independent legal entity.Findings: This study indicates that the unclear provision regarding the political party wing is the potential to provide diverse interpretations by the political party in its institutional wing organization which is counterproductive or offers no meaning to the realization of the functions of the political party.Paper Type: Research Article

Tulisan ini hendak melakukan analisis yuridis terhadap hubungan antara Partai Politik dan Organisasi Sayap Parpol-nya (OSP). Hubungan dimaksud adalah berkenaan dengan pertanggungjawaban hukum apabila terjadi pelanggaran oleh organisasi sayap parpol khususnya dalam hal pembubaran partai politik. Tulisan ini difokuskan untuk menjawab dua pertanyaan, yakni: (1) Bagaimanakah hubungan antara partai politik dengan organisasi sayap partai politik?; (2) Apakah kegiatan OSP yang bertentangan dengan UUD 1945 dapat dimaknai luas dan berdampak terhadap partai politik khususnya dalam sebagai alasan pembubaran partai politik. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif. Pendekatan normatif digunakan untuk mengetahui hubungan hukum dan pertanggung jawaban OSP terkait pembubaran partai politik. Penelitian ini mengambil kesimpulan, Pertama, hubungan hukum antara OSP dan Partai Politik adalah dalam satu entitas hukum (subyek hukum) yang sama. OSP merupakan organisasi bukan badan hukum yang berada di bawah (dalam struktur) dan milik Partai Politik. Kedua, bahwa kegiatan OSP yang bertentangan dengan UUD 1945 dapat menjadi alasan pembubaran partai politik di Mahkamah Konstitusi. Sehingga ketika OSP melakukan pelanggaran sebagaimana yang diatur dalam Pasal 40 UU Partai Politik, maka mekanisme dan sanksi yang berlaku adalah sama dengan mekanisme penjatuhan sanksi sebagaimana diatur dalam Pasal 47, 48, sampai dengan Pasal 49 UU Partai Politik.

The state objective is one of the contents of a constitution, the historical development of the theory of the state explains that the state objectives theory evolves to adjust the origin of the will of the formation of the state. Ideology as a foundation in a country is a factor that sometimes determines in preference in the formulation of the goals of a nation. This article is intended to discuss ideological evolution in the process of formulating state goals which ultimately affects the character of the constitution in a state.

Abstract - On reasearch "checks and balances" in legal studies often raises high quality questions such as, does the checks and balances is a doctrine, principle, or legal theory, or maybe precisely the formula of power in politics. History been recorded, that in any discussions regarding the formation of the constitutional separation, division and smelting power is something that is popular to be discussed before and even after becoming the constitution. Therefore, the casting of checks and balances into the constitution especially on islamic modern society is an interesting study to determine the portion and posture. This study will use Indonesia legal system and its Islamic Society as case study and will be using legal normative methodoloy, on the other hand, comparative studies on constitution which will be conducted and using classic and modern constitutional law literature. Several approach will be use on this research such as, historical, political, economical approach on understanding the practice on checks and balance which pouring in constitutions in some countries.Keywords - Checks and balances, Politics and Constitution, Separation Power

Agency or State Administration Official (state administration office) has wide authority in carrying out government affairs (executive). With such wide authority it tends to be misused so as to cause harm and injustice on the part of the community, therefore there must be other institutions that control it. Based on the theory of political trias politics of the executive is politically controlled by the legislative and judicially controlled by the judiciary, because the state administrative officer executive function, the judicial jurisdiction that controls juridically is the court of state administration. In addition, Public services are the basic social rights of the society (social rights). Social rights is the right to receive, the right to receive from the government, therefore the government is obliged to provide the best service to the public. However, in the implementation of public services has not been obtained by the community well. The Governance and Decentralization Survey (GDS) 2002 found three important issues that occur in the field of public service provision: first, the magnitude of service discrimination, Secondly the absence of certainty of cost and service time; third, low level of public satisfaction on public services. From this situation opens opportunities for government officials to perform maladministration actions in public services. The number of maladministration actions in public service can be proven with data that has been reported by Ombudsman RI every year the graph always go up. Therefore, the construction of legal responsibility for maladministration actions carried out by government officials in public services should be reformulated immediately.