The constitutionality in Indonesia is measured based on its alignment with the 1945 Constitution. The examination of the role and appointment of the Chief of Authority in the Special Capital Region of the National Capital is essential to comprehend its governance mechanism. The Chief of Authority of the Indonesian Capital City is directly appointed by the President and serves a five-year term, …
Indonesia and Venezuela are two countries that have different legal systems (Indonesia adheres to a continental legal system while Venezuela adheres to a social legal system). However, Indonesia and Venezuela have similarities in the government system, namely presidential. The Indonesian Constitution in terms of the period of office of the DPR does not provide an explanation for how long and ho…
The function of the DPRD regarding authority in terms of supervision over the implementation of Regional Regulations is also regulated in Article 101 Paragraph (1) C of Law Number 9 concerning the second amendment to Law Number 23 of 2014 which reads: "The Provincial DPRD also has duties and authority carry out supervision over the implementation of Provincial Regional Regulations and the Provi…
The Constitutional Court is the implementer of the judicial branch of power (judiciary) which is independent and separate from other branches of power, namely the government (executive) and representative deliberative institutions (legislative). The dismissal of Judge Aswanto is an example of a form of intervention carried out by the Legislative institution against the Judicial institution, bec…
This research analyzes the legal relevance of the formation of Supreme Court Regulation (PERMA) Number 1 of 2019 concerning Case Administration and Trial Electronically in Court. Prior to the creation of PERMA No. 1 of 2019, traditional court proceedings (in-person hearings) were conducted, as explained in the Indonesian Code of Criminal Procedure (KUHAP) Article 230 paragraph 1, which states: …
Article 222 No. 7 of 2017 concerning General Elections as an entry point for political cartels, both the requirements for presidential candidates and vice presidential candidates and the procedures for presidential elections in the 1945 Constitution do not regulate the requirement sthreshold and the 1945 Constitution does not delegate laws to regulate condition shreshold and Article 222 does no…
Article 5 Paragraph (1) explains that the President as one of the executives has the right to submit bills to the DPR as a legislative institution. Article 20 also regulates the formation of the bill. The joint agreement on the legislative function in the Indonesian presidential system of government divides authority. The refusal made by one party opens the possibility of tension in relations b…
General elections are an important pillar in a democratic country as a legitimate mechanism for changing state power, so the Election Law was created. However, in practice, conflicts of interest often occur which result in election disputes. The dispute raised in this research is the PRIMA Dispute with the KPU which resulted in a decision by the Central Jakarta District Court with case registra…
The Constitutional Court through Constitutional Court Decision Number 42/PUU-XIX/2021 decided that Article 39 Paragraph (2) of Law Number 6 of 2014 concerning Villages is contrary to the 1945 Constitution of the Republic of Indonesia and does not have conditionally binding legal force as long as it is not interpreted. , "Village heads who have served 1 (one) term, either based on Law of the Rep…
The existence of legal fiction actually assumes that everyone knows the law (presumtioiures de iure). However, many people really don't know about the existence of a good rule because of a lack of socialization from the government, not awareness of the people concerned. Van Apeldoorn introduced the principle of Legal Fiction and it has been normalized in article 81 of Law Number 12 of 2011. In …
In order to implement the maximum national vaccination program, President Joko Widodo issued Presidential Regulation (Perpres) Number 14 of 2021 concerning Amendments to Presidential Decree Number 99 of 2020 concerning Procurement of Vaccines and Implementation of Vaccinations in the Context of Overcoming the 2019 Corona Virus Disease (Covid-19) Pandemic. The Presidential Decree contains provis…
Community participation in the formation of Regional Regulations is a form of community involvement in forming regulations that will become the basis for legal certainty. In Kuantan Singingi, community participation has not been implemented optimally, there are many factors that are obstacles. In this thesis, the researcher will explain what are the obstacles so that it is hoped that suggestion…
Legal Politics which is the direction of a legal policy made officially by the state regarding laws that will be enforced or will not be enforced to achieve state goals within a certain period as well as a formal-procedural mechanism that determines whether or not this law-making procedure is legal can be related to legal development which cannot be separated from the social reality that lives …
The democratic political process cannot take place without financial resources. Without adequate funds, political parties will certainly not be able to carry out organizational activities well. In the end, political parties need quite large funds to be able to carry out these functions. then regulated in Law Number 2 of 2011 concerning Political Parties, which also states that one of the financ…
One aspect that must be considered in the BPD structure is the representation of women in terms of voting and being elected in accordance with the instructions of the Minister of Home Affairs and Perda that BPD membership must be filled by at least one woman and the election process must be carried out in a forum where women also have voting rights. The main problem in this research is whether…
Harmonization the draf regional regulation is an attempt to harmonize, adjusting, strengthening and rounding up the conception of a draf regional regulatios, wheter higher, equal or more low, and other matters other than laws and regulation, so that they are arranged systematically, not conflicting or overlappig, regional regulations in Riau Province must of course be in accordance with the pri…
The president is the head of government (chief of executive), but also the head of state (chief of state). The term of office of the president in various countries is different. The term of office of the president in Indonesia in one period of five years can be elected twice based on Article 7 of the 1945 Constitution, while in the Philippines the term of office of the president can only be ele…
Indonesia is a constitutional state which is not only based on power, but on existing rules or laws. The government runs on the basis of the constitution and is not absolutism (unlimited power) in accordance with the Provisions contained in Article 1 paragraph 3 of the 1945 Constitution of the Republic of Indonesia which states that Indonesia is a state of law. The presidential system is a s…
In the constitutional system, there is an institution called impeachment. Many parties understand that impeachment is the downfall, cessation, or dismissal of the President or high-ranking officials from office. In fact, the meaning of impeachment itself is an accusation or indictment so that impeachment focuses more on the process and does not necessarily end with the cessation or removal of t…