Mengkaji Ulang Gagasan Pengadilan Khusus Pemilihan Umum di Indonesia

2020 ◽  
Vol 3 (2) ◽  
pp. 70
Author(s):  
Delfina Gusman

General elections are a means of democracy to elect leaders who will carry out the wheels of government for a certain period of time, through legitimate power transfer procedures by involving public participation. Elections are the crystallization of popular sovereignty in procedural mechanisms. But often in the implementation of procedural democracy this is followed by fraudulent actions that tarnish the true nature of democracy (substantial democracy). Therefore, we need a law enforcement agency for every action that can damage the essential meaning of democracy and elections in Indonesia. The idea of a special court emerged as an alternative to electoral dispute resolution in the study of Indonesian constitutional law, however this idea needs to be discussed in more depth from various aspects to see its relevance to the Indonesian constitutional system, given that long before there was the idea of a special election court, Indonesia already had a number of institutions that given a mandate and authority to resolve disputes related to elections. This paper uses normative juridical methods in its study and is supported by secondary data in the form of primary, secondary and tertiary legal materials. The analysis used is qualitative analysis. The results of the study revealed that the idea of establishing an electoral special court was the idea of state administration which emerged amidst the struggle to substantially improve the quality of democracy. However, in its formation, it does not only require clear legal politics, but also requires a holistic study of the mechanism and flow of resolution and models of electoral dispute resolution. The parameter that needs to be used in examining the idea of a special electoral court is to measure the extent and importance of elections for Indonesian democracy. because the more important the meaning of the election is the presence of special election court more worthy of consideration

Author(s):  
Sonyendah Retnaningsih ◽  
Disriani Latifah Soroinda Nasution ◽  
Heryna Oktaviani ◽  
Muhammad Rizqi Alfarizi Ramadhan

Historically, State Administrative Court (PTUN) has existed since 1986, with the enactment of Law Number 5 of 1986 concerning State Administrative Court which currently has been amended by Law Number 9 of 2004 concerning Amendment to Law Number 5 of 1986 concerning State Administrative Court and amended again by Law Number 51 of 2009 concerning the Second Amendment to Law Number 5 of 1986 concerning State Administrative Court. The role of the Administrative Court according to the explanation of the law, the PTUN functions as a control or supervisory agency thus legal actions from government officials do not deviate, in addition to protecting the rights of citizens from the actions of officials who abuse their authority or act arbitrarily. Currently, the object of dispute and can be sued at the State Administrative Court is only a State Administration decision reduced by the exceptions stipulated in Article 2 and Article 49 of the PTUN Law. The provisions of Article 3 of the Administrative Court Law No. 5 of 1986 on negative fictitious could potentially no longer be enforced since the enactment of Article 53 of the AP Law which stipulates positive fictitious. Since the promulgation of Law Number 30 of 2014 concerning Government Administration (hereinafter referred to as AP Law) on 17 October 2014, there has been a change in the legal criteria from the government written stipulation (beschikkingen) which was initially restrictive and can be sued to the PTUN, yet it has recently become extensive (which was originally mere beschkking, currently it almost covers all variations of besluiten). With the enactment of the AP Law, there will be an expansion of absolute competence and objects of state administration disputes, as stipulated in Article 87 of the AP Law which includes: first, Government Administration Decrees, as stipulated in Article 1 point 7 of the AP Law; second, Government Administration Actions Based on Article 1 point 8 of the AP Law. Furthermore, with the enactment of the Supreme Court Regulation Number 2 of 2019 concerning Guidelines for Government Action Dispute Resolution and the Authority to Adjudicate Unlawful Conducts by Government Agencies and/or Officials (onrechtmatige overheidsdaad / OOD), the judicial power shall transfer from the General Court to the State Administrative Court. This crucial matter continues to be the groundwork and reason for conducting the current research entitled the expansion of the state administration dispute object after the enactment of Law Number 30 of 2014 concerning Government Administration and the supreme court regulation (Perma) Number 2 of 2019 concerning Guidelines for Government Action Dispute Resolution and Authority to Adjudicate Unlawful Conducts by the Government Agencies and/or Officials (onrechtmatige overheidsdaad / OOD). Conducted through normative juridical research method, this research-based paper examined the interviews through judges at PTUN Jakarta and Bandung and the main data source within this qualitative analysis serves as the secondary data or literature data.


Society ◽  
2019 ◽  
Vol 7 (1) ◽  
pp. 11-20
Author(s):  
Yusa Djuyandi ◽  
Fifi Lutfiah Sodikin

Political parties prepare prospective national leaders through a political recruitment process. The Prosperous Justice Party (PKS), one of the Islamic parties In Indonesia, has a Regional Leadership Council (DPD) in each district or city.  Regional Leadership Council (DPD) of Bandung City is interesting to study since it has a unique regeneration process and the organizations (under brow) have scored excellent cadres. This study aims to analyze the regeneration process of DPD PKS at Bandung City to maintain its existence in the 2014 election using the theory of political recruitment through the regeneration pathway proposed by Almond and Powell. The research was a qualitative method with data collection techniques carried out through secondary data collected by the General Elections Commission (KPU) of Bandung City. The primary data collected from PKS cadre interview process. This study found that the DPD PKS regeneration process of Bandung City affected the quality of promoted cadre, thus influencing the quality and existence of the party. The process of regeneration has produced excellent cadres through education and training stages that make it exist.


Wajah Hukum ◽  
2019 ◽  
Vol 3 (1) ◽  
pp. 74
Author(s):  
Mhd Ansori

The realization of democracy in Indonesia is one of which is carried out by general elections, this is a political contestation which often present disputes.There is a general understanding that effective electoral dispute resolution mechanisms and processes are a “sine qua non” for fair and fair elections.As well as the implementation of the general election system is designed in there is alwayas a possibility of violations that can reduce the quality of general elections, for that as well as the implementation of the general election system, within it is always available a trusted istitutional mechanism to resolve various types of general election objections and disputes.Disputes or disputes can be divided into two, that is (1) disputes in the electoral process (especially those that occur between participants in the general election or between candidates) which have been handled by the election supervisory committee and election results disputes or disputes. This paper aims to find out and analyze the dispute resolution of elections in Indonesia.The type of research used is normative juridical research, using conceptual approach, legislation approach, and historical approach


2018 ◽  
Vol 8 (6) ◽  
pp. 76-81
Author(s):  
Chu Cao Minh ◽  
Thang Vo Van ◽  
Dat Nguyen Tan ◽  
Hung Vo Thanh

Background: The criteria set of assessing hospital quality in Vietnam in 2016 was revied from the criteria set in 2013 by the Ministry of Health in order to help hospitals to self-assess towards improvinge quality of hospitals in the international integration context. The study aimed to assess the quality of public hospitals in Can Tho City according to the revised criteria set of the Ministry of Health in 2016 and compare the quality among three hospital ranks (including grade I, grade II, and grade III) via to 5 groups of quality criteria. Methods: A cross-sectional study, using secondary data analysis was applied to assess the service quality of 7 general public hospitals in Can Tho City. Results: The average total score of 7 hospitals is 245 and the average for the criteria of 7 hospitals is 2.99, which is just satisfactory. In the criterion of quality, criterion D and E had the lowest scores compared to the other three groups. There was no statistically significant difference (p = 0.076) among the mean scores for the three hospital categories. Conclusion: The quality of public hospitals in Can Tho city in 2016 only reached moderately good level (2.99). Interventions should be developed to improve the quality of hospitals, with particular emphasis on improving the quality of criteria groups D and E. Key words: Quality, hospital, medicine, health, public, Can Tho


2019 ◽  
Vol 7 (2) ◽  
Author(s):  
Widodo Widodo ◽  
Marshelly Chandra Kumala

<em>The objective of this is research was conducted to find out how the influence of the price and quality of products against customer loyalty at PT. Alakasa Extrusindo Jakarta. This research was conducted in Alakasa Extrusindo PT by doing data collection, through the primary data and secondary data.  The research results showed that the simultaneous price variables  and product quality  has a positive and significant effect against the variable customer loyalty. partially showed that price variables has a positive and significant influence towards customer loyalty. And partially showed that product quality variables  has a positive and significant influence towards customer loyalty</em>


2019 ◽  
Vol 2 (2) ◽  
pp. 118-146
Author(s):  
Triana Meinarsih ◽  
Abdul Yusuf ◽  
Muhammad Zilal Hamzah

Audit delay and timeliness are important factors that influence the quality of accounting information in term of relevance. This study provides empirical evidence to answer the question of how bankruptcy possibility impacts on audit delay and timeliness.  This research studies manufacturing firms listed in Indonesian Stock Exchange (IDX) in the period of 2012-2016. Data are taken from official website of IDX. This study is a quantitative research that seek to find out relationship between independent variable and dependent variable. External secondary data used are annual reports accessed from IDX website. Measurement used is Z-Score Altman model prediction, while simple linear regression is employed as technical analysis. This study finds that bankruptcy possibility which is measured by ZScore is negatively influence audit delay and timeliness. Any decrease of Z-Score shows the possibility of a company experience bankruptcy and therefore causes audit delay and timeliness.


2018 ◽  
Vol 1 (2) ◽  
pp. 25-32
Author(s):  
Galamda Israk ◽  
Slamet Widodo ◽  
Andy Alfatih

ABSTRACT This study aims to determine the quality of service issuance of Proof of Registration of Fishing Vessels (BPKP) in the Department of Maritime Affairs and Fisheries of South Sumatra Province and what factors influence it. Data collection techniques used were the distribution of questionnaires to 60 respondents who were capture fisheries business actors with a Likert Scale assessment, as well as conducting unstructured interviews, non-participant observation and secondary data collection. The dimensions used are tangible, reliability, responsiveness, assurance and empathy. The value of service quality based on tangible dimensions is 4.2 or good, based on the reliability dimension is 4.1 or good, the responsiveness dimension is 4.0 or good, the guarantee dimension is 4.1 or good, and based on the empathy dimension is 4.1 or good. Of all these parameters, it was concluded that the quality of BPKP issuance services in the Department of Maritime Affairs and Fisheries of South Sumatra Province in 2016 was good with a score of 4.1. The conclusion is based on an assessment of an average of 58 respondents or 97.4% of respondents.


1939 ◽  
Vol 12 (1) ◽  
pp. 43-55
Author(s):  
J. R. Brown ◽  
E. A. Hauser

Abstract A CENTURY ago, Charles Goodyear in America and Th. Hancock in England found that the properties of crude rubber could be greatly improved by heating it with sulfur. The product resulting was more elastic, more resistant to tear and abrasion, less affected by solvents, and decidedly less thermoplastic. The treatment of rubber to give these desired properties is known generally as vulcanization and must be considered as the basis for the enormous growth of the rubber industry and the extensive use of rubber products in our everyday life. Broadly speaking, vulcanization involves the reaction, in some fashion, of sulfur with rubber. Extensive investigation has revealed other substances, such as benzoyl peroxide or polynitrobenzenes, which can transform rubber into a “vulcanized” condition. Experience has also shown that metallic salts of zinc or lead and especially certain organic compounds called “accelerators” greatly affect the rate of vulcanization, and these are favorably employed in practice. A vast amount of empirical knowledge has been gained which has greatly improved the practical application of vulcanization and the quality of rubber products, but which has failed as yet to reveal a complete picture of the true nature of the process.


2017 ◽  
Vol 15 ◽  
Author(s):  
Mariana Mohamed Osman ◽  
Noor Suzilawati Rabe ◽  
Muhammad Faris Abdullah ◽  
Nur Farhanah Rosli ◽  
Farah Eleena Zainudin

Housing is a basic need to man. It provides shelter and comfort from the elements and improve quality of life of the residents. Hence, housing should be affordable to all. This paper assesses the housing affordability for the districts in Melaka. This was achieved by calculating the median multiple of the price income ratio and comparing the score to the housing affordability index. Secondary data were obtained from reports published by the governmental agencies. The results show that housing is mostly moderately unaffordable in the districts of Melaka. Additionally, housing affordability has improved from 2012 to 2014 in majority of the districts.


Tunas Agraria ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 53-75
Author(s):  
Dedy Setyo Irawan ◽  
Harvini Wulansari

Abstract: Complete Systematic Land Registration is a program which taken by the government in providing legal certainty in the field of land in Indonesia. PTSL activities at Sidoarjo Regency and Pasuruan Regency Land Office are carried out with third parties. Before starting the measurement, it is necessary to carry out the contradictoire delimitatie principle to ensure legal certainty of ownership of land rights. The research used a qualitative method with a descriptive approach. The data analysis carried out by compiling logically proportional statements to answer research questions. Problem analysis is carried out by making a description based on premier data and secondary data obtained through interviews and observations of implementation. The results of the research showed that the implementation of the contradictoire delimitatie principle is broadly following PP. No. 24 of 1997 and PMNA KaBPN No. 3 of 1997. The results of the study also showed that there were obstacles in the implementation of the contradictoire delimitatie principle, such as the third parties were not following technical guidelines No. 01 / JUKNIS-300/1/2018 annex 10 in the making of measurement drawings. Quality control is needed to improve the quality of work and results of third party products and minimize land problems in the future.Keywords: principle of contradictoire delimitation, third party. Intisari : Pendaftaran Tanah Sistematis Lengkap (PTSL) merupakan langkah pemerintah dalam memberikan jaminan kepastian hukum dalam bidang pertanahan di Indonesia. Kegiatan PTSL di Kantor Pertanahan Kabupaten Sidoarjo dan Kabupaten Pasuruan dilaksanakan bekerjasama dengan Pihak Ketiga yang sebelumnya melalui tahapan asas contradictoire delimitatie untuk menjamin kepastian hukum kepemilikan hak atas tanah. Metode penelitian yang digunakan adalah metode kualitatif dengan pendekatan deskriptif. Teknik analisa yang dilakukan yaitu dengan menyusun pernyataan-pernyataan proposional secara logis untuk menjawab pertanyaan penelitian. Analisa permasalahan dilakukan dengan membuat uraian berdasarkan data premier dan data sekunder yang diperoleh melalui wawancara serta observasi langsung terhadap pelaksanaan kegiatan. Hasil penelitian menunjukkan bahwa pelaksanaan asas contradictoire delimitatie secara garis besar telah sesuai dengan PP. No. 24 Tahun 1997 dan PMNA KaBPN No. 3 Tahun 1997. Dalam pelaksanaanya terdapat hambatan yakni  pembuatan Gambar Ukur oleh Pihak Ketiga tidak sesuai dengan pedoman JUKNIS No. 01/JUKNIS-300/1/2018 lampiran 10. Sehingga diperlukan pengawasan kendali mutu terkait pekerjaan dan hasil produk dari Pihak Ketiga agar kedepannya hasil pekerjaan yang dihasilkan lebih baik dan tidak menjadi permasalahan pertanahan dikemudian hari.Kata Kunci : asas contradictoire delimitatie, pihak ketiga.


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