scholarly journals Pertentangan Asas Perundang-undangan dalam Pengaturan Larangan Mobilisasi Anak pada Kampanye Pemilu

2016 ◽  
Vol 13 (3) ◽  
pp. 657
Author(s):  
Meta Suriyani

Article 32 paragraph (1) letter k Election Commission Regulation No. 15 Year 2013 describes implementers, participants, and officials are prohibited from mobilizing campaigns Indonesian citizens who do not meet syarats as Voters. However, Law No. 8 of 2012 on General Election of DPR, DPD and DPRD itself, does not expressly prohibit the mobilization of Indonesian citizens who do not yet qualify as a selector or exploitation of children in political activities, including campaign. So that the Commission regulation violates the hierarchy of legislation that is in of commencement shall contrary to the Law on Election of Members of Legislative as higher regulations. Therefore, it is also not in line with Law No. 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection. Mobilization of children in the activities of the election campaign is the deprivation of the rights of the child. Intentionally or unintentionally, the actual implementers, participants, and campaign officers have done wrong treatment (exploitation) by mobilizing children who do not qualify as voters in political activities in the activities of the election campaign for the DPR, DPD and DPRD held at central and regional levels occur in almost all parts of Indonesia.

2019 ◽  
Vol 11 (2) ◽  
pp. 140
Author(s):  
Evi Noviawati ◽  
Mamay Komariah

The Elections (Elections) in Indonesia is a process of democratization to elect national leaders and people's representatives who are elected directly by the people. The process of organizing the General Election is carried out through the stages stipulated in the Election Commission Regulation. One of the stages that must be passed in the holding of elections is the implementation of campaigns that are part of the political education of the community. In the implementation of an election campaign, election participants can form a campaign team that is responsible for the technical implementation of the campaign. Election administrative violations often occur in the stages of the campaign carried out by election participants which can consequently be detrimental to the election organizers and fellow election participants. Every settlement of election administrative violations can be decided by the Election Supervisory Body (Bawaslu) no later than 7 (seven) working days after the findings and reports are received and registered and then recommended to the KPU for further action. In reality on the ground, there are still many cases of election administrative violations that cannot be resolved due to several obstacles faced, namely the difficulty of finding the reporting party and the limited time in the process of filing reports and findings


2011 ◽  
Vol 19 (2) ◽  
pp. 151-165 ◽  
Author(s):  
Patrick McCrystal ◽  
Esmeranda Manful

AbstractIn 1998 Ghana harmonised its child care legislation to conform to the Convention on the Rights of the Child by enacting the Children's Act 1998, Act 560. Some stakeholders expressed misgivings at its capacity to ensure child protection, but little literature exists on the views of professionals working within the law. This paper presents an investigation of the views of professionals who are mandated to work within the law to ensure the rights of the child to legal protection in Ghana. The findings suggest that there is a gap between legal intent and practice. It is concluded from these findings that for better child protection, the provision of legal rights for children is only an initial step; the administrative framework including better professional training, adequate resources for social care agencies and the establishment of new structures also needs to be reconsidered.


2021 ◽  
Vol 9 (1) ◽  
pp. 67
Author(s):  
Muhammad Sayuni ◽  
Elidar Sari ◽  
Teuku Nazaruddin

General Election is a means of implementing people's sovereignty which is carried out directly, freely, secretly, honestly and fairly based on the Pancasila and the 1945 Constitution of the Republic of Indonesia. Implementation of Elections is the implementation of the stages of elections which are carried out freely, fairly, and honestly.   The purpose of this study is to analyze the principle of justice in the requirements to become a legislative member for the Village Head based on Law Number 7 of 2017 and Election Commission Regulation Number 20 of 2018. The results of the study showed that the first election held in 2019 did not implement the principles of justice in terms of the legislative candidate for the Village Head. The public can provide legal certainty for the implementation of the 2019 Election law. It is recommended to the General Election Commission to revise the Election Commission Regulation regarding the nomination of members of the DPR, Provincial DPRD, and Regency / City DPRD specifically in the requirements for candidates for the Village Head in Article 8 paragraph 1 letter b number 6 point b, to guarantee the rights of citizens and fulfill the principles of justice.


2007 ◽  
Vol 3 (1) ◽  
Author(s):  
Andrew Geddis

The 2005 general election campaign was notable not only for its close-fought nature, but also for a range of deeply concerning, and in some cases undoubtedly unlawful, behaviour by various electoral participants. The Labour Party exceeded the statutory maximum on its ‘election expenses’ by at least $418,603, primarily due to the costs associated with producing and distributing its pledge card to voters. Furthermore, the use of parliamentary funding to pay for this campaign material prompted a post-election review by the auditor-general, which revealed widespread misuse of this source of funds by a range of parties and individual MPs (Auditor-General, 2006). The National Party’s negligence in failing to account for GST when booking election broadcast time meant that it was able to screen some $112,000 more in campaign advertising than the law allowed. Both National and Labour, and to a lesser degree some smaller parties, used anonymous donations and trusts to shield the identity of their major donors, allowing hundreds of thousands of dollars to flow into their campaign coffers from hidden sources.


2013 ◽  
Vol 2 (2) ◽  
Author(s):  
Kariyoto Kariyoto

<p>Accounting for Political Parties. Healthy political parties, credible and capable of running the General Election held in a democratic, honest and fair is the capital of democracy credible. Democracy is a credible government authorized the creation of a solid and authoritative with effective control of the institution legistalif. Credible democracy is not possible without transparency and clear accountability mechanisms for the financing of political activities, both financial and political party financing of the General Election. This financial accountability requires transparency of financial accounting standards for political parties, political party auditing guidelines, and the existence of guidelines, regulations, and procedures for financial reporting on the activities of the General Election campaign for political parties. One of the major problems that arise are the accounting standards. In the meantime, the existing accounting standards, namely Principle of Financial Accounting Standards 45, the accounting standards made for non-profit organization that Indonesia Institute of Accountants (IAI )is also used for political parties. (PSAK) 45 is not sufficient to accommodate the characteristics of different political parties with other nonprofit organizations. Therefore, this study recommends a modification or specific guidelines for financial accounting standard for political parties. This article we hope will encourage various parties, in this Parliament, the Commission, the Supreme Court and the Association of Accounting Indonesia to sit together and agree on specific accounting standards for political parties including campaign funds. This paper hopefully be a reference, although subject to change according to the Law on Political Parties and Elections are currently being discussed in Parliament. Accounting standards in this paper can be a reference to the new legislation. Reflecting the general election of 2009 was the lack of management, accountability and control of financing of political activities. Almost all political parties having problems financing of political activities, including the financing of legislative elections that followed the political campaign. Weak financial systems has led to uncontrolled political money (money politics), which involves  almost all political parties in elections.</p>


2019 ◽  
Vol 34 (2) ◽  
Author(s):  
Noer Sida

AbstractThe general election is a means of implementing the people's sovereignty to elect people who will occupy the seat of government. This general election was held to realize a democratic country, where the leaders were chosen based on the majority of votes. Countries that adhere to democracy generally accommodate the political rights of their citizens in an election, whether they are direct or indirect. Basically everyone has the right to participate in government in other words everyone has the right to be elected or elected. Regarding to Election Commission Regulation Number 20 Year 2018 regarding the Nomination of Members of The House Representatives, Assembly at Provincial and Assembly at Regional, there is one requirement for legislative candidate became controversial because there is a prohibition on ex-prisoners of corruption, drugs (as a dealer), and sexual crimes against children to be the Nomination of Members of The House Representatives, Assembly at Provincial and Assembly at Regional. Some ex-convicts already did judicial review, therefore we need to understand the legality of the regulation for ex-convicts regarding to election.Key Words: Human Rights, Right to Participate in Government, Ex-convictAbstrakPemilihan umum adalah adalah sarana pelaksanaan kedaulatan rakyat untuk memilih orang-orang yang akan menduduki kursi pemerintahan. Pemilihan umum ini diadakan untuk mewujudkan negara yang demokrasi, di mana para pemimpinnya dipilih berdasarkan suara mayoritas terbanyak. Negara-negara yang menganut demokrasi, pada umumnya mengakomodir hak politik warga negaranya dalam suatu penyelenggaraan pemilihan umum, baik itu bersifat langsung maupun tidak langsung. Pada dasarnya setiap orang memiliki hak untuk berpartisipasi dalam pemerintahan dengan kata lain setiap orang memiliki hak untuk dipilih maupun memilih. Peraturan KPU Nomor 20 Tahun 2018 tentang Pencalonan Anggota DPR, DPRD Provinsi dan DPRD Kabupaten/Kota memberikan batasan satu syarat bagi calon anggota legislatif yang menjadi kontroversi karena adanya larangan bagi mantan narapidana  korupsi, narkoba (sebagai bandar), dan kejahatan seksual terhadap anak untuk mencalonkan diri sebagai anggota DPR, DPRD Provinsi dan DPRD Kabupaten/Kota. Beberapa pihak yang merasa dirugikan oleh peraturan tersebut mengajukan judicial review, oleh karena itu, patut dikaji bagaimana legalitas hak yang dimiliki oleh mantan narapidana dalam pemilihan umum.Kata Kunci: Hak Asasi Manusia, Hak untuk Turut Serta dalam Pemerintahan, Mantan Narapidana.


2019 ◽  
Vol 18 (2) ◽  
pp. 175
Author(s):  
Rr. Putri A. Priamsari

<p><em>According to UNICEF, no less than 4000 Indonesian children are brought </em><em> </em><em>to court every year with reports of relatively minor crimes such as theft, persecution, spreading hoaxes and others. Where children who are faced with the law generally are not accompanied by legal counsel or social services. Indonesia has had a umbrella </em><em>act </em><em>in protecting children's welfare, namely Law Number 4 of 1979 concerning Child Welfare which was then followed by Law Number 23 of 2002 concerning Child Protection which has now been replaced with Law Number 35 of 2014 concerning Child Protection as implementation of the Convention on the Rights of the Child (Convention on the Rights of the Child, 1989, New York). Taking into account that the handling of child cases dealing with the law must really guarantee the protection of the best interests of the child and must aim at the creation of Restorative Justice, both for Children and Victims of Children and to create Restorative Justice, before resorting to judicial proceedings at the prosecution level General must strive for Diversion. Provisions regarding this diversion are also regulated in Supreme Court Regulation Number 4 of 2014 concerning Diversion. The enactment of the 2014 PERMA is intended so that juvenile justice in Indonesia can be carried out more efficiently, while still considering its welfare.</em></p><p><em> </em><em></em></p>


2017 ◽  
Vol 16 (4) ◽  
pp. 439
Author(s):  
Rosmi Darmi

Meningkatnya peristiwa Anak yang Berhadapan dengan Hukum (ABH) menimbulkan keprihatinan. Selainitu, penerapan sistem peradilan pidana anak menjadi perhatian banyak pihak, terutama dalam proses hukum.Permasalahan dalam tulisan ini adalah bagaimana implementasi Konvensi Hak Anak (KHA) Terkait dengaperlindungan anak yang berhadapan dengan proses hukum. Perlindungan hukum terhadap dalam proseshukum mengacu kepada Konvensi Hak-Hak Anak (Convention on The Rights of The Child) dan Beijing Rule.Penjabaran perlindungan hukum anak pelaku tindak pidana dalam konvensi tersebut telah mencakup sebagianbesar prinsip perlindungan anak pelaku tindak pidana baik dalam instrumen hukum nasional maupun instrumenhukum internasional. Pelaksanaan penyidikan terhadap anak pelaku tindak pidana dalam proses penyidikanmeliputi tindakan penangkapan, pemeriksaan, penghentian penyidikan dan penahanan.AbstractA number of the child are against the law must become a concern. Besides that, practices of the juvenilejustice system pay attention to parties, particularly in a legal proceeding. The problem of this writing is howto implement the Convention of Child Rights (KHA) related to child protection against law proceedings. Itsprotection refers to the Convention on the Rights of the Child and Beijing Rule. Spelling out of law protection ofchild offender in the convention have covered largely child protection principle of a legal instrument, nationallyand internationally. Child investigation encompasses arrest, inspection, investigation and termination ofdetention.


2015 ◽  
Vol 3 (2) ◽  
pp. 179 ◽  
Author(s):  
Ahmad Riyadh U.B. ◽  
Hendra Sukmana

The aim of this research was to discuss the model of recruiting candidates for legislative is conducted by political parties in Sidoarjo Regency. This research used descriptive qualitative. This research was conducted at the Governing Council of Political Parties in Sidoarjo Regency. Informants of this study were leaders of political parties in Sidoarjo, legislative candidates from political parties in Sidoarjo. The results showed that the model of recruiting candidates for legislative in accordance with collaboration models included models of Barber, Snowiss, Rush & Althoff et al. This can be seen from some of the steps in the recruitment socialization of registration, selection, after that determination of legislative candidate by a team of Election Campaign Boar (Bappilu) political party in the Sidoarjo Regency and the serial number in accordance with the criteria of the political party chairman and Election Campaign Boar (Bappilu). Furthermore, it is registered with the General Election Commission (KPU) Sidoarjo regency set to be candidates for Legislative (candidates) remain with serial numbers.


2020 ◽  
Vol 31 (2) ◽  
pp. 201-217
Author(s):  
Syamsul Umam

Research on students' perceptions about money politics, hoaxes and sara issues in the 2019 elections in Tulungagung Regency is motivated by the high practice of money politics in various political events, from local elections to elections, on the basis that researchers try to photograph how students' understanding of money politics, hoaxes and the issue of sara, this study uses a qualitative method that is collecting data obtained from the results of interpretation in the field, this study also portrays the implications of money politics, hoaxes, sara issues to influence the choice of students in Tulungagung Regency in the 2019 Election, it is seen from the results Researcher's interviews with a number of informants resulted in students' understanding of money politics, hoaxes and sara issues being very good, students understanding the understanding of money politics in detail, even when in the construction of student money politics understanding in Tulungagung Regency almost approached the existing understanding in the law of the government. You do not stop their students also understand various phenomena of money politics and their modes, students' understanding of hoaxes with content issues is also quite good because almost all students define hoax details with examples and models of their stories, students also assume that spreading the issue of care in the general election contestation is considered to be very dangerous and for the continuation of democratic life in Indonesia which causes divisions and disintegration.


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