scholarly journals URGENSI PENYELESAIAN SENGKETA PILKADA OLEH MAHKAMAH KONSTITUSI

2015 ◽  
Vol 4 (3) ◽  
Author(s):  
Ida Puspa Jaya Miha
Keyword(s):  
Dispute Resolution ◽  
Government Regulation ◽  
Descriptive Analysis ◽  
Constitutional Court ◽  
Local Elections ◽  
Legal Concept ◽  
Advantages And Disadvantages ◽  
The People ◽  
Voting System ◽  
Settlement Of Disputes

The rise of the disputed local elections assessed due to poor direct voting system that alwaysend with anarchic conflict. Direct voting system is briefly diverted to be chosen by the Houseof Representatives (DPR) through Law 22 of 2014 concerning Election of Governors,Regents and Mayors but this law received widespread rejection by the people so that thePresident issued Government Regulation in Lieu of Law No. 1 of 2014 which regulates thesame things that later passed into Law No. 1 of 2015. Article 157 paragraph (1) of Law No.8 of 2015 on the Amendment of Act No. 1 of 2015 mandates the establishment of a specialtribunal to deal with the settlement of disputes nationwide simultaneous election to be heldin 2027. If the judiciary is not yet formed, the implementation of election dispute resolutionmade by the Constitutional Court (MK). Based on the description above background, asfor the formulation of the problem to be studied is; What advantages and disadvantages ofthe establishment of a special judicial body which handles dispute resolution election? Andwhat is the urgency of the election dispute resolution by the Constitutional Court? This typeof research is a kind of normative legal research descriptive analysis using the approach oflegislation, the legal concept analysis approach, historical approach, and the approach ofcase law derived from the source material of primary, secondary and tertiary using a cardsystem as its legal material collection technique.The conclusion of this study is the establishment of a special judicial body has advantagesand disadvantages. The drawback is; unconstitutional existence of the judicial authoritiesfor not guided by Article 24 paragraph (1) of the 1945 Constitution and Article 27 paragraph(1) of Act 48 of 2009 on Judicial Power, the magnitude of the amount of the budget that willbe issued by the state to establish such institutions. The advantage is ease the burden on theMK, more focused and rapid election dispute resolution process.

scholarly journals The Elimination of Constitutional Court's Authority in The Dispute Case of General Election of Regional Head (Analysis of Decision of the Constitutional Court Number 97/PUU-XI/2013)

2017 ◽  
Vol 5 (2) ◽  
Author(s):  
Jentel Chairnosia
Keyword(s):  
Dispute Resolution ◽  
Vice President ◽  
General Election ◽  
Constitutional Court ◽  
The Public ◽  
The People ◽  
The Law ◽  
Settlement Of Disputes

The enactment of Law Number 32 Year 2004 is a manifestation of the development ofadvanced democracy, namely all local chief elected directly by the people except the positionof the Governor of Yogyakarta. However, in its development, the implementation of theGeneral Elections of Regional Head gave rise to dissatisfaction which resulted in the appealof the results of the General Election to the court for various reasons. The presence of theConstitutional Court as an institution that resolved the dispute over the General Election ofRegional Heads has not been able to provide justice to the public, especially the emergenceof many Constitutional Court rulings that cause debate. In its development, the ConstitutionalCourt abolished its authority in the settlement of disputes in the General Election of RegionalHeads as stipulated in Decision Number 97 / PUU-XI / 2013. The Constitutional Court is ofthe opinion that the Constitutional Court only has the authority to resolve election disputes ofDPR, DPD, President/Vice President because the election is done nationally, while theelection is conducted in certain areas only. In addition, the volume of incoming cases relatedto election disputes more than the law review case which is the main authority of theConstitutional Court, so that this can affect the quality of the decisions of the ConstitutionalCourt considering the dispute resolution of the results of the General Election should beterminated within fourteen days. DOI: 10.15408/jch.v5i2.7090

scholarly journals International Legal and Economic Aspects of Dispute Resolution within the WTO in the Context of International Integration

2021 ◽  
Vol 14 (2) ◽  
pp. 64-71
Author(s):  
V. P. Kirilenko ◽  
Yu. V. Mishalchenko ◽  
A. N. Shchepova
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
The European Union ◽  
Advantages And Disadvantages ◽  
Legal Remedies ◽  
The World ◽  
System Functioning ◽  
Dispute Settlement System ◽  
Dispute Resolution Mechanism ◽  
Settlement Of Disputes

The article discusses issues related to the settlement of disputes within the framework of the World Trade Organization, as well as assesses the advantages and disadvantages of this system. The specific problems of the dispute settlement system functioning today are considered, and options for optimizing the dispute resolution mechanism and various ways to improve the effectiveness of legal remedies in cases of non-compliance with decisions are proposed. Special attention is paid to the latest topical disputes involving the Russian Federation, the European Union, Ukraine, China and USA resolved within the framework of the World Tr ade Organization, as well as to the crisis faced by the organization due to the absence of a permanent appeals body.

scholarly journals Peran Otoritas Jasa Keuangan Dalam Perlindungan Konsumen Electronic Banking Pada PT. Bank Rakyat Indonesia (Persero) Tbk. Cabang Sigli

2019 ◽  
Vol 3 (3) ◽  
pp. 459-468
Author(s):  
Nazaruddin Nazaruddin
Keyword(s):  
Dispute Resolution ◽  
Empirical Research ◽  
Financial Services ◽  
Government Regulation ◽  
Services Sector ◽  
Financial Services Sector ◽  
Banking Service ◽  
Article 9 ◽  
The People ◽  
The Subject

Pasal 9 huruf c Undang-Undang Nomor 21 Tahun 2011 tentang Otoritas Jasa Keuangan (selanjutnya disebut UU OJK) menyatakan bahwa untuk melaksanakan tugas pengawasan OJK, mempunyai wewenang melakukan pengawasan, pemeriksaan, penyidikan, perlindungan konsumen, dan tindakan lain terhadap lembaga jasa keuangan, pelaku, dan/atau penunjang kegiatan jasa keuangan, sebagaimana dimaksud dalam peraturan perundang-undangan di sektor jasa keuangan. Pasal 28 huruf a UU OJK menyatakan bahwa untuk perlindungan konsumen dan masyarakat, OJK berwenang melakukan tindakan pencegahan kerugian konsumen dan masyarakat, salah satunya memberikan informasi dan edukasi kepada masyarakat atas karakteristik sektor jasa keuangan, layanan, dan produknya. Namun pada kenyataannya, pelaksanaan edukasi yang dilakukan oleh pihak perbankan tersebut tentu saja berada di bawah pengawasan OJK, sehingga secara tidak langsung OJK pun bertanggung jawab terhadap risiko penggunaan produk e-banking yang dapat merugikan konsumen. Jenis penelitian yang digunakan dalam penelitian ini adalah penelitian yuridis empiris yaitu jenis penelitian yang meneliti dan menelaah efektivitas suatu peraturan perundang-undangan. Hasil penelitian menujukkan Tanggung Jawab OJK terhadap konsumen yang mengalami kerugian akibat penggunaan layanan e-banking  adalah melakukan pendampingan bagi konsumen dan sebagai fasilitator dalam rangka melakukan gugatan ganti kerugian terhadap bank dengan jalan Eksternal Dispute Resolution, baik melalui litigasi maupun non litigasi.The Government Regulation No. 21 of 2011 Article 9 (c) regarding the Financial Services Authority (hereinafter referred to as UU OJK) states that in order to carry out the supervision other task to the financial services instituition the subject and/or the supporting financial services activities, as referred to the regulation about financial services activity. Article 28 (a) of UU OJK also states that in protection of consumers and people, OJK authorized to act in preventing costumer and people loss by providing information as well as education for the people regarding the characteristic of the financial services sector, the services and the products. In fact, however, the execution of the educating process done by the bank is under the supervision of OJK so OJK is indirectly responsible for the risk of e-banking products usage that harm consumers. This type of research used in this research is juridical empirical research that examines the types of research and study the effectiveness of laws. The result of the result indicated that the responsibility of OJK to the consumer who suffered losses by the e-banking service is by providing assistance and act as a facilitator in pursuing a lawsuit to get compensation from the bank by external dispute resolution, both by litigation and non-litigation.

scholarly journals DESIGN OF SPECIAL JUSTICE AGENCY ELECTION CHAIN IN INDONESIA

2017 ◽  
Vol 1 (1) ◽  
pp. 68
Author(s):  
Tri Susilo
Keyword(s):  
Government Regulation ◽  
Dispute Settlement ◽  
Ad Hoc ◽  
Institutional Design ◽  
National Level ◽  
Constitutional Court ◽  
Local Elections ◽  
Direct Election ◽  
Legal Remedies ◽  
Election Results

<p>Past-approval of government regulation in lieu of Law No.1 of 2014 concerning the election of governor, regent, and mayor (hereinafter called local election), In accordance with the decision of the Constitutional Court Number 97 /PUU-XI / 2013, the Constitutional Court is no longer authorized to resolve disputes on direct election results, because the provisions of Article 236C of Law Number 12 Year 2008 NRI are against the Constitution of 1945. Article 157 paragraph (1) Law No. 8 Year 2015 determines that the dispute settlement on direct election results become the authority of specialized judiciary. But before a specialized judiciary is formed, then the Constitutional Court is authorized to resolve disputes on direct election results. The authority of the Constitutional Court is the constitutional authority to fulfill temporary legal vacuum (rechtvakum). Therefore legislators should immediately establish a specialized judiciary which has the authority to resolve the disputes on direct election results. There is a new design in election mechanisms of regional hand. The law a quo stated that elections be held simultaneously at the national level. This design would require regulatory support, such as the establishment of as special court, solve any disputes that arise from the election. The problems emerge in this study is how the urgency of special court, how it compares to special court on election matters in various countries and how the relevance of the comparison can be applied in Indonesia. This was conducted using a legal-normative research. The research conclude unable to meet the demands for justice, for example, the court's decision are settled after the elections conducted and thick-layers on legal remedies so it is counterproductive to the election that have limited period of time. These legal remedies are even separated in several judicatures. Various countries have also established a special court on local elections with a variety of institutional design and procedural law. For Indonesia, the special court is ad hoc court, based on provincial and district or city and authorized to settle disputes concerning the local elections.</p>

scholarly journals Legal Pollution of Dispute Settlement Results of Regional Head Selection Realizing the Election Justice

2021 ◽  
Vol 04 (05) ◽  
Author(s):  
Gita Santika Ramadhani, Suteki ◽  
Keyword(s):  
Dispute Resolution ◽  
Government Regulation ◽  
Dispute Settlement ◽  
Constitutional Court ◽  
The Supreme Court ◽  
Election Results ◽  
Law And Justice ◽  
The Government ◽  
Dispute Resolution Mechanism ◽  
Sense Of Justice

The implementation of direct regional head elections in the regions often raises disputes regarding the determination of the results of the vote. Efforts made by candidates who are dissatisfied with this determination are to submit a cancellation to the judicial institution. The update on the system for resolving the election results was carried out by the government to overcome this problem, namely the Government Regulation in Lieu of Law No. 1 of 2014. Problems discussed in this study include: how the dispute resolution mechanism was issued before the regulation, what updates are contained in the regulation how to achieve effective and fair election outcome dispute resolution. This study is a normative legal research that is descriptive in nature using a legal and analytical approach. Based on the results of the study, it can be concluded that the fundamental renewal lies with the institution authorized to handle, namely from the Constitutional Court to the High Court appointed by the Supreme Court. The author recommends that the renewal must be supported by technical regulations to ensure effectiveness and fulfill a sense of justice. Based on this research, the results show that the dynamics of the shifting of dispute resolution authority over the election results are influenced by the decision of the MK opened legally policy and the background of certain events. Namely: the problem of bribery that ensnares the judge, decisions that are considered controversial, case accumulation, and unpreparedness of institutional structure and infrastructure. Regarding the threshold requirements as a condition for receiving a dispute over a dispute over the results of a regional election, it has not yet supported the fulfillment of electoral / election justice. Because it has the potential to ignore aspects of substantive justice, mainly because it does not make the facts of the violations structured, systematic and massive (TSM) as a variable in examining cases. This neglect is not in line with one of the universally adopted principles of law and justice, which states that no one can benefit from irregularities and violations committed by himself and no one may be harmed by irregularities and violations committed by others (nullus / nemo commodum capere potes de injuria sua propria).

scholarly journals Mediation from the Penalogical Viewpoint

2019 ◽  
Vol 7 (2) ◽  
Author(s):  
Mohammad Hossein Hajaryan ◽  
Iraj Golduzian ◽  
Ehsan Hajarian
Keyword(s):  
Low Cost ◽  
Criminal Liability ◽  
Status Quo ◽  
Judicial System ◽  
Legal Punishment ◽  
Advantages And Disadvantages ◽  
The People ◽  
The Status ◽  
Settlement Of Disputes

Due to increasing population and heaviness of the judicial system's burden and high expense of referring to the courts for the people of society, the judicial system tries to settle disputes through traditional and low cost ways. Mediation is a body which has long history in settlement of disputes between persons but the use of mediation has advantages and disadvantages. As mediation cost is lower than cost of referring to court, the parties will prefer to use this body. Result of mediation creates liability for the criminal and although this liability has no predetermined legal punishment, it is criminal liability which is enacted by the nongovernmental persons under supervision of government for the status quo of the dispute. Punishment has had different function at different times. It sometimes had authoritarian function and was controlled by the states and sometimes had preventive-corrective function and aims to protect people against the offender's behavior. This article attempts to show purpose of the mediation result in societies. Key words:Mediation, Penal, Penology

scholarly journals PUTUSAN MAHKAMAH KONSTITUSI TENTANG PEMILU SERENTAK DIHUBUNGKAN DENGAN PENCEGAHAN KORUPSI POLITIK

2017 ◽  
Vol 1 (2) ◽  
pp. 532
Author(s):  
Dedi Mulyadi ◽  
M. Rendi Aridhayandi
Keyword(s):  
Descriptive Analysis ◽  
Research Result ◽  
Political Corruption ◽  
Vice President ◽  
The Political ◽  
Constitutional Court ◽  
Local Elections ◽  
Financing System ◽  
Potential Problems ◽  
The Republic

Given the importance of the elections in a democracy, the principle of keeping the elections in accordance Luber Jurdil, especially of political corruption. Then on January 23, 2014 the Constitutional Court passed a decision in a judicial review of Law No. 42 of 2008 on General Election of President and Vice President of the Constitution of the Republic of Indonesia Year 1945, by decision No. 14 / PUU-XI /2013 decided elections simultaneously at in 2019 and beyond. Concurrent elections is one of the prevention of political corruption. Political corruption is an act of power holders in order to take advantage of the power. For example: the financing of political parties, the purchase "ticket" or "boat" in local elections, as well as imaging and campaign costs. Constitutional Court decisions on the implementation of simultaneous elections in the year 2019 is one of the prevention of political corruption. The method used in this study using sociological juridical approach, specification of descriptive analysis. Identification of problems regarding (1) the background of the political corruption in the electoral operations, (2) the potential for problems in the implementation of elections simultaneously in 2019 can save and prevention of corruption of political, (3) attempts to resolve any potential problems in the elections simultaneously 2019 against the corruption of political purpose of this study is to know about the background of the political corruption, potential problems in the implementation of simultaneous elections and the efforts of its completion. The method used in this study is juridical sociological analysis with descriptive specification. The research result that the background of the political corruption is the ambition to achieve dynastic power, while the verdict was handed down too lightly, and the efforts made by the political financing system and raising the parliamentary threshold.Keywords : Political corruption, The Constitutional Court ruling, The elections simultaneously.

Problematika Pemilihan Kepala Daerah Calon Tunggal Dalam Demokrasi Indonesia

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Nurfaika Ishak
Keyword(s):  
Secondary Data ◽  
Constitutional Court ◽  
Local Elections ◽  
Literature Study ◽  
Political Awareness ◽  
Government Administration ◽  
The People ◽  
Election Process ◽  
Commission Regulation ◽  
Election Commission

<p><em>This study aims to explain the arrangements for a single candidate regional head election and how people's sovereignty is channeled into the democratic process of regional head elections. This type of research is a descriptive normative juridical study. The data used are secondary data in the form of primary legal materials and secondary legal materials obtained through literature study. The results showed that the regulation of regional head elections with only 1 (one) pair of candidates began with the issuance of the Constitutional Court decision Number 100 / PUU-XIII / 2015 which was subsequently followed by the issuance of General Election Commission Regulation Number 14 of 2015 and Law Number 10 of 2016. Whereas the people are the determinants of government administration power through the regional head election process so that the people as the main activator of the wheel of democracy should not be hindered in choosing candidates for regional head leaders even though there is only one pair of candidates involved in the election. Election of heads must be carried out honestly and fairly so that political awareness by all citizens can be realized.</em></p><p><strong><em>Keywords: </em></strong><em>Local Elections; Sovereignty; Democracy.</em></p>

scholarly journals Tindak Pidana Pemilihan Sebagai Dasar Perselisihan Hasil Pemilihan Umum Kepala Daerah

2017 ◽  
Vol 17 (1) ◽  
Author(s):  
Rahmanu Wijaya
Keyword(s):  
Dispute Resolution ◽  
General Election ◽  
Constitutional Court ◽  
Election Law ◽  
Movement Rate ◽  
The Past ◽  
Direct Election ◽  
Dynamic Movement ◽  
The People ◽  
Election Results

<p><em>The resolution of dispute over election results of regional head experienced a dynamic movement rate, in line with the dialectic of the implementation of election regional head itself. Whereas in the past, based on Article 34 Paragraph (1) of Indonesia Law Number 22 Year 1999, the filling of the position of regional head and deputy head of region shall be conducted by the Regional House of Representative by a peaceful election. However, since the enactment of Indonesia Law Number 32 Year 2004, in Article 24 paragraph (5) determined the filling of the position of regional head and regional representatives implemented through direct election by the people in the region concerned. This direct election which eventually became part of the election law regime based on Article 236 C of Indonesia Law Number 12 Year 2008. In line with the development of the election, there was also a mechanism for dispute resolution of the results of General Election based on Article 157 paragraph (3) of Indonesia Law Number 8 of 2015 becomes the absolute competence of the Constitutional Court where one of the reasons for the filing of a petition is based on an election crime.</em><em></em></p><strong><em>Keywords:</em></strong><em> Crime of Elections, Dispute on Results of General Election of Regional Head</em>

scholarly journals Calon Tunggal dalam Pilkada Serentak Tahun 2015 terhadap Putusan Mahkamah Konstitusi No 100/PUU-XIII/2015

2016 ◽  
Vol 13 (2) ◽  
pp. 379
Author(s):  
R. Nazriyah
Keyword(s):  
Constitutional Court ◽  
Local Elections ◽  
Single Pair ◽  
Election Law ◽  
The People ◽  
Registration Period ◽  
The Law

The phenomenon of a pair-single candidate threatens delays in the implementation of simultaneous Regional Head Elections in some districts until 2017. Although the Commission extends the registration period of candidates to avoid the delay of elections simultaneously, there are still some districts that have a single candidate. The law on elections has not set the provisions definitely regarding what should be done if there is the phenomenon of a single candidate. Finally the parties who feel aggrieved the rights had filed a judicial election law to the Constitutional Court (MK) to find solutions to these issues. In its decision, the Court considered that the Act mandates the election as the executor of the sovereignty of the people to elect regional heads directly and democratically. Thus, the local elections should ensure the realization of the highest power in the hands of the people. In addition, the Court also considers the formulation of norms of Law No. 8 of 2015, which requires the presence of more than one pair of candidates does not provide a solution, which led to the legal vacuum. This can result in absent of holding the elections. Local elections which are only followed by a single pair of candidates, the mechanism selection is to determine whether the “Agree”  or “Disagree” with   the prospective partner. If it turns out the people’s voice is more to select “Agree” then the candidate is designated as regional head and deputy head of the selected district. Conversely, if it turns out the people’s voice is more to select “Disagree” then in such circumstances the election is postponed until the next local elections simultaneously.

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