Indonesia

Azis Setyagama. Normative-legal regulation in the settlement of disputes for the election of local head in Indonesia

The current direct election for regional heads in Indonesia raises the issue of disputes among the candidates for this post. The settlement of such disputes from 2004 was initially the authority of the Supreme Court, and in 2008, it was transferred to the Constitutional Court, which in 2016 issued a special Law, which mandates a Special Court for the settlement of regional head election disputes. However, until the Special Court will not be formed, the settlement of such disputes will be the authority of the Constitutional Court. This study is based on a normative approach, namely the Constitutional Court Decree No 97/PUU-XI/2013 and Law No 10 of 2016. In addition, a sociological study regarding the existence of a special judicial body that will be formed to resolve regional head election disputes in Indonesia.

Azis Setyagama. Problematic of the election policy in Indonesia

Indonesia is one of the largest democracies in the world. Indonesian citizens have the highest power where the will of the people is the will of the state. To channel the will of the people general elections are being held as a form of people’s control of the power in Indonesia. Before 2019 elections in Indonesia were held separately between legislative and executive elections. After the Constitutional Court Decision No 14/PUU-XI/2003 general elections in Indonesia are held simultaneously between executive and legislative elections. The impact that occurred after the simultaneous elections were held in 2019, the implementation of this elections took many lives, because many election executive officers died due to fatigue in carrying out tasks due to too much workload and too little time available. This paper represents a normative legal research that examines the norms in given Constitutional Court Decision and Law No 42 of 2008 concerning election of President and Vice President. Besides reviewing from the normative side, the authors also study from sociological studies related to the community’s evaluation of the general elections implementation. From the results of normative and sociological studies it concluded that the simultaneous election in 2019 caused many casualties because election officials were exhausted in carrying out election process. Thus, it is necessary to change the rule of law regarding the implementation of general elections in Indonesia.

Karim. Restorative justice approach in handling minor offense

Restorative justice appears due to the lack of criminal justice system which not running as expected justice value. The criminal justice system is often caused a disappointment and dissatisfaction either for the victim, the perpetrator or both victim and perpetrator. Hence, this study aims to know how the restorative justice approach handling the minor offense case to reach justice. The methodology used in this study is juridical normative with statue and conceptual approach. Required data taken from regulations in Indonesia. The result of the research showed that restorative justice approach has aim to answer the disappointment on the present criminal justice system. Restorative justice approach is done by expressing regrets and apologies to the victim and his family, as a counterpart, the victim and his family forgive the perpetrator. This is done due to reach justice for both parties. Therefore, restorative justice is an alternative justice concept in handling minor offense.

Hakim L. The concept of Rechterlijk Pardon as a critique on the effectiveness of imprisonment in Indonesia

This paper discusses a large number of criticisms on the effectiveness of imprisonment, which in reality cannot decrease the level of criminality in a particular country so that other alternatives are required to solve this problem. Moreover, this research revealed that judges in Indonesia tend to determine the imprisonment verdict on the criminal act with a criminal charge of under five years. The concept of Rechterlijk Pardon which will be applied in the Draft of the Indonesian Criminal Code (RKUHP) and has been implemented in several countries are also one of the alternative penal measures to imprisonment and judicial corrective to the legality principle, which in the end is expected that this concept aims at decreasing the level of existing criminality.

Azis Setyagama. Analysis of marriage law in Indonesia: the role of career women in household life

In the Indonesian marriage law stipulated in the law No. 1 year 1974 on marriage, a husband is responsible for providing a living to his family, in fact in the community instead of that women or wives make a living as career women. The impact of these changes will result in positive and negative consequences. The positive impact of women in households is increasingly strong so that when something happens to her husband, he dies or divorcing, then woman can take over the role of husband as a single parent woman in the family and look for the work and raised her children. From the negative side, with the number of activities outdoors, automatically the affairs of the household have less attention so that the family communication is less harmonious both to the husband and children. This study used normative legal studies on marriage, linked to social changes amid the Indonesian society that is now experiencing the transition from traditional communities to modern life. The results of research and analysis resulted that the career women in Indonesia have more and more opportunities for women to work in the public sector as employees or government employees. So that the position of women as housewives Diminished and resulted in less harmonic family relationships, as the time for family is increasingly diminishing.

Anand G., Subagyono B.S.A. Juridical execution of Court verdict problem in civil case in Indonesia

Execution is the act of forced execution applicant or winning party through a Court of jurisdiction competent against the executed parties to comply with or enforce a decision which had permanent legal force. In its implementation, the juridical execution must comply the defined principles in article 195 until 208 HIR (Herziene Inlandsch Reglement). The principle included the verdict of permanent legal force, condemnatory verdict, non-voluntarily verdict and execution by Head of Court. However, there are some constraints that occurred. Those are inappropriate action done by the parties and infringement in breaking the law either civil or criminal sanction.

Suparno B. The regional autonomy in Aceh by developing non-violent way

Since the late 1970s the Indonesian province of Aceh has experienced a series of military conflicts related to separatism and the ensuing struggle against insurgents. Yet the conflicts have successfully settled through Helsinki agreement on August 15th, 2005. The government has made reconciliation and reconstruction efforts for those conflicts through Presidential Decree, which about regional autonomy. The strategy of this document consists of state principal effort to avoid violent or known as non-violent way by using persuasive and or democratic dialogue. Thus, in this study, the problems which appear are the criteria of special autonomy in Aceh, and the government’s resolution strategies in developing non-violence according to government regulation. Finally, the result shows that particular autonomy program by providing assistance for whole development as like for health, education, infrastructure, and others. It hopes to give positive contribution for Aceh society development in which will bring the prosperity life and Aceh still become part of Indonesian Republic.

Azis Setyagama. Presidential threshold policy in Indonesian presidential election of 2019

In 2019 Indonesia would conduct simultaneous elections to elect legislative and executive members; members of House of Representatives, Regional Representatives Council, President and Vice President. Law No 7/2017 on general election sets the implementation of simultaneous general elections. It regulated Presidential Threshold in which a party or coalition of parties wishing to nominate their cadres to be a president and vice president should meet the requirement of at least 20% seats in the house of representatives or 25% of national valid votes in the previous general election of the House of Representatives. This Presidential Threshold requirement raised the pros and cons for the leaders of political parties in Indonesia. Large parties with many votes in the House of Representatives, would agree on the provisions of this rule, while small party leaders, who did not have a vote in the House of Representatives, would reject the provisions of this rule because it was considered very detrimental to small parties and castrate the people’s right to elect their future leaders. This study used normative approach and sociological studies of the negative impact on the enactment of these provisions in the Indonesian presidential election of 2019.

Yahman. The legal policy of investigation and verification on corruption

This study is focused on legal policy of investigation and verification on Indonesian corruption acts. This normative legal research used legislation approach based on the primary law material in the form of positive law and secondary law material including books or other related literatures. This study revealed 2 results in accordance with formulated issues. First, Article 26 of Law No 31/1999 on the Corruption Act revealed the existence of a procedural law containing double meaning. Here, the criminal procedure law that was specified on corruption acts deviated from general criminal procedure law. The deviations were intended to accelerate procedure and simplify investigation up to prosecution and provision in court regarding the defendant's human rights. Secondly, Article 37 of the Corruption Act specified various matters of proof, including the use of reversed verification systems. The verification was an extension of the provisions of Law No 8/1981 on Criminal Procedure Law which stipulated that the prosecutor had the authority to prosecute a person charged with a criminal offense with the burden of proof.