scholarly journals Koalisi Partai Politik Dalam Sistem Pemerintahan Presidensial Indonesia

2020 ◽  
Vol 8 (1) ◽  
pp. 93
Author(s):  
Isnaini Isnaini
Keyword(s):  
Data Collection ◽  
Political Parties ◽  
Party System ◽  
Secondary Data ◽  
Government Policies ◽  
Literature Study ◽  
Collection Method ◽  
Government Work ◽  
General Elections ◽  
The Government

Abstrak: Koalisi dalam sistem pemerintahan presidensial menjadi penting ketika lembaga eksekutif dan lembaga legislatif memiliki ruang intervensi terhadap kerja pemerintahan seperti di Indonesia. Pemerintah merasa perlu membangun koalisi yang mampu menstabilkan dan memuluskan kebijakan dan kerja pemerintahan. Penelitian ini bertujuan menganalisis eksistensi koalisi partai politik dalam sistem pemerintahan presidensial Indonesia. Penelitian ini juga bertujuan mengkaji bagaimana mewujudkan sistem pemerintahan presidensial yang ideal pada sistem multipartai di Indonesia. Penelitian ini menggunakan pendekatan yuridis normatif, pendekatan yuridis normatif digunakan untuk mengkaji atau menganalisis data sekunder yang berupa bahan-bahan hukum, terutama bahan-bahan hukum primer dan sekunder. Metode pengumpulan data dilakukan melalui studi pustaka dalam bentuk deskriptif. Hasil penelitian menunjukan bahwa eksistensi koalisi partai politik dalam praktek penyelenggaraan pemerintahan terjadi perluasan arti, koalisi partai politik secara konstitusi dilakukan dalam rangka pemilihan umum. Koalisi sulit dihindari dalam sistem multipartai di Indonesia. Sistem pemerintahan presidensial dengan sistem multipartai tidak cocok jika dikombinasikan karena dapat menghancurkan demokrasi, bangsa harus menentukan pilihannya antara mempertahankan sistem pemerintahan presidensial murni sesuai konstitusi. Sistem kepartaian harus dimodifikasi menjadi sistem multipartai terbatas. Selanjutnya ada 3 hal yang harus dilakukan untuk mewujudkan sistem pemerintahan presidensial yang ideal bagi demokrasi Indonesia; a] Menyederhanakan partai politik, b] Mengatur koalisi tetap, dan c] Mengatur lembaga oposisi.Abstract:  The presidential government system coalition becomes important when the executive and legislative have an intervention to government work as well as Indonesia. The government needs to build coalitions which are able to stabilize and smooth government policies and work. This study aims to analyze the existence of a coalition of political parties in Indonesia's presidential government system, also to realize an ideal presidential government system in a multiparty system in Indonesia. This study uses a normative juridical approach, used to study or analyze secondary data in the form of legal materials, especially primary and secondary data. Data collection method was done through literature study in descriptive form. The results showed that the existence of a coalition of political parties in the government expanded the meaning, a coalition of political parties constitutionally carried out in the context of general elections. Coalition cannot be avoided in a multiparty system in Indonesia. A presidential government system with a multiparty system is not suitable if it combined, because it can destroy democracy, the nation must make its choice in maintaining a purely presidential government system in accordance with constitution. The party system must be modified to a limited multiparty system. Furthermore, there are 3 things that must be done to realize an ideal presidential government system for Indonesian democracy; a] Simplifying political parties, b] Arranging permanent coalitions, and c] Organizing opposition institutions.

scholarly journals Law Enforcement Efforts against the Crime of Body Shaming Through Mediation

2021 ◽  
Vol 1 (2) ◽  
pp. 101
Author(s):  
Elsa Intan Pratiwi
Keyword(s):  
Social Media ◽  
Law Enforcement ◽  
Data Collection ◽  
Qualitative Analysis ◽  
Criminal Law ◽  
Secondary Data ◽  
Self Esteem ◽  
Criminal Code ◽  
Literature Study ◽  
Collection Method

This study aims to analyze the forms of action that are categorized as body shaming crimes and criminal law enforcement against body shaming crimes on social media. This study uses a normative juridical approach. The data used is in the form of secondary data consisting of primary and secondary legal materials. The data collection method uses literature study and descriptive qualitative analysis. The results of this study indicate that, the forms of action that are categorized as body shaming crimes, namely: the words uttered contain elements of physical insult and have humiliated and lowered one's self-esteem because they can be seen/witnessed by many people, making them feel sad and depressed. Perpetrators of body shaming can be charged under Article 315 of the Criminal Code, with a maximum imprisonment of four months and two weeks or a maximum fine of four thousand and five hundred rupiahs. And if it is done on social media, the perpetrator can be charged under Article 27 paragraph (3) jo. Article 45 paragraph (3) of the ITE Law with a maximum imprisonment of four years and/or a maximum fine of seven hundred and fifty million rupiah. The police also offer a settlement process in a non-litigation context, namely by maximizing penal mediation to reduce the build up of cases in court.

scholarly journals SENGKETA LAHAN PEMBANGUNAN HUNIAN TETAP KOTA PALU

2021 ◽  
Vol 3 (1) ◽  
pp. 1-12
Author(s):  
Syugiarto Syugiarto ◽  
Khairul Umam Karim ◽  
Handy Wahyu Kusnadi U. Tadja Lembah
Keyword(s):  
Data Collection ◽  
Residential Development ◽  
City Government ◽  
Conflict Behavior ◽  
Literature Study ◽  
Collection Method ◽  
Conflict Escalation ◽  
Land Disputes ◽  
Collaborative Negotiations ◽  
The Government

This study aims to determine the level of conflict escalation caused by land disputes for permanent residential development in Palu City, and also to find out what methods the Palu City government can use in overcoming this problem. The data collection method used in this research is literature study. The theory used to see the level of conflict escalation is to use the dynamics of conflict stages, which divides these stages into Latent Conflict (Conditions), Perceived Conflict (Cognition), Felt Conflict (Affect), Manifest Conflict (Behavior) and Conflict Aftermath (Condition). Meanwhile, to find out the methods that can be used by the Palu City government in overcoming this conflict, namely by using the Thomas-Kilmann Conflict Mode Instrument. The results of this study indicate that the conflict that occurs in land disputes for permanent residential development (huntap) III is not only a vertical conflict between the government and the community, but the horizontal conflict between the Palu City government and the Palu City DPRD is also seen in it. For this reason, the method that can be used in solving these problems is by conducting collaborative negotiations so that neither party is harmed, and also to show that the Palu City government pays attention to the aspirations of the community.

scholarly journals Perjalanan Omnibus Law dalam Sistem Hukum di Indonesia (Studi Tentang Penolaka Masyarakat Probolinggo Dalam Perspektif Sosiologi Hukum)

Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 321
Author(s):  
Delia Intan Hidayah ◽  
Agus Machfud Fauzi
Keyword(s):  
Social Change ◽  
Data Collection ◽  
Qualitative Methods ◽  
Social Organization ◽  
Deviant Behavior ◽  
Job Creation ◽  
Secondary Data ◽  
Government Policies ◽  
The Government ◽  
Almost All

The Omnibus Law Work Creation Bill was passed by the Indonesian Parliament as a new regulation that has the power to overshadow other statutory regulations. Through this law, the government is considered to be siding with entrepreneurs or investors a lot. It is indicated that the articles in this law make people, especially workers, oppressed. Rejection actions appeared in almost all regions in Indonesia, including in Probolinggo Regency. The demonstration took place on October 8, 2020 at the Probolinggo Regency DPRD building. The mass of the action was dominated by students from the Youth Social Organization (OKP), namely HMI, PMII, GMNI, and IMM. This study is to determine the conflicts that occur in demonstrations against the Job Creation Bill and the responses of employers in responding to government policies. This study uses qualitative methods with data collection techniques for literature studies through secondary data from various sources such as articles and journals. The results of this study are, first, the students who demonstrated their 4 demands on government policies because they are detrimental to society. Second, the actions that took place chaotic, led to conflicts in society resulting in social change with deviant behavior. Third, the response of entrepreneurs to government policies, namely the government urged to focus on alleviating poverty and unemployment.

scholarly journals Penerapan Metode Istihsan Pada Bidang Muâmalah Mâliyyah (Hukum Ekonomi Syariah)

2021 ◽  
Vol 21 (1) ◽  
pp. 68
Author(s):  
Panji Adam
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Islamic Law ◽  
Secondary Data ◽  
Literature Study ◽  
Collection Method ◽  
Economic Law ◽  
History Of ◽  
The Law

Istihsan is one of the ijtihad methods disputed by the scholars ushul fiqh, although in reality, all scholars use it practically. The establishment of the law by istihsan method is widely carried out by scholars among the Hanafiyyah and Malikiyyah so that in the history of ushul fiqh, the Hanafiyyah are known as the group that uses istihsan as one of the methods of istinbâth al-ahkâm (determination of the law). Imam Shafi'i is a cleric who rejects istihsan as a method of determining Islamic law. But in practice Imam Shafi'i also uses istihsan as a method of determining Islamic law. The science of ushul fikih has a significant role in contributing to the existence of Islamic law, especially in the field of Sharia economic law. Research method conducted based on normative juridical approach, The specification of research used is analytical descriptive, The type of data used in this research, namely secondary data, data collection method used is literature study and analysis of secondary data that is qualitative. The results showed that istihsan is one of the methods of istinbâth al-ahkâm, which can be used as an argument and a proof of syara' and serves in determining the validity of an agreement / transaction in the field of Sharia economic law.

scholarly journals Strengthening the Multi-Party Presidential Government in Indonesia

2019 ◽  
Vol 4 (2) ◽  
pp. 208-232
Author(s):  
Moh. Ilham A. Hamudy ◽  
M. Saidi Rifki
Keyword(s):  
Political Parties ◽  
Party System ◽  
Relevant Information ◽  
Literature Study ◽  
Government Regulations ◽  
The Government ◽  
Presidential Systems ◽  
Parliamentary Support ◽  
Threshold Rule ◽  
Do So

The Multi-Party Presidential Government in Indonesia has reached a critical point. The 2.5 percent parliamentary threshold rule in the 2009 Election was incapable to address the issue. The parliamentary threshold was raised to 3.5 percent in 2014, in the hope to reduce the number of party joining the election, but it failed to do so. There were 9 national parties participating in the 2009 election, and it will be increased to 16 in the 2019 election. Theoretically, the combination of multi-party parliament in a Presidential Government is rather strange. It is not surprising that the "conflict" between the president and parliament often occurs. There suppose to be a coalition supporting the government in parliament, but the coalition is not a firm one. The coalition did not have a significant influence in strengthening the presidential government. Therefore, this study intends to provide a complete picture of multi-party system practices while trying to provide solutions for strengthening the presidential government in Indonesia. To achieve this goal, this study uses the literature study method in collecting relevant information, using a qualitative approach. This approach is considered appropriate because multi-party phenomena and presidential systems are multidimensional. In contrast to previous research which was limited to the description and problems of multiparty systems, this research besides describing the system of government also provided moderate solutions that were considered to be in accordance with the Indonesian context. This study assumes that strengthening presidential systems can be done if the political parties are more modest. In addition, parliamentary support for the president must be optimized. The results of the study concluded that the strengthening of presidential systems must be carried out through the purification of the government system contained in the constitution, forming and strengthening the ranks of government coalitions in parliament, and carrying out a number of institutional engineering through various forms. These three things must be wrapped in a constitutional frame (amendments to the 1945 Constitution) and regulations (revisions to laws and government regulations). The amendments and revisions can be done through three corridors, namely the intra-parliamentary movement, the extra-parliamentary movement, and the referendum.

scholarly journals Public Participation in the General Elections of India: An Overview since 1951

2015 ◽  
Vol 64 ◽  
pp. 17-34
Author(s):  
Ramesh Pandita
Keyword(s):  
Political Parties ◽  
Public Participation ◽  
Party System ◽  
Electoral System ◽  
Ground Level ◽  
Democratic Process ◽  
Electoral Process ◽  
The Public ◽  
General Elections ◽  
The Government

Democratic process of any country is based on the participation of the public to form the government through their elected representatives, and the nation having an electoral system in place to choose their representatives can be termed as a nation living true to its democratic essence, while as, the nation elusive of ground level public participation in forming governments can never be termed as living true to democratic colour. The present study is an attempt to understand the electoral process of India, the public participation in the democratic process of the country, which is already fifteen general elections old, lasted over the period 1951 to 2014. Attempt has been made to understand the areas like, growth of parties over the period of time, seat distribution, reservation of seats, electoral participation, polling stations, performance of major national political parties along with electoral turnout both collectively and on gender basis etc. Existence of the multi party system in India and the growth in parties over a period of time gets equally reflected by the fact that in 1951, 54 parties participated in the electoral process and the number grew up to 466 in 2014, reflecting a growth of over 792%. During all the general elections contested by candidates 77.43% contestants forfeited their deposits with an average of 135 political parties contested each general election. Over 80.45% elected candidates to the parliament during all the general elections held so far, represent national parties.

scholarly journals DAMPAK SOSIAL OMNIBUS LAW CIPTA KERJA PERSPEKTIF SOSIOLOGI HUKUM

2021 ◽  
Vol 15 (1) ◽  
pp. 91-100
Author(s):  
Hanifah Az Zahra ◽  
Agus Machfud Fauzi
Keyword(s):  
Data Collection ◽  
Social Impacts ◽  
Study Data ◽  
Qualitative Approach ◽  
Government Policies ◽  
Sociology Of Law ◽  
Sociological Perspective ◽  
Literature Study ◽  
The Government

Government policies by legitimizing the presence of the omnibus law on copyright work, socially and legally have an impact on labor and workers. The reason is that this controversial law is considered to be very detrimental to labor and workers. The purpose of this study was to analyze the extent to which social impacts were generated after the government legal sociological perspective of the work copyright omnibus law was passed. This study uses a qualitative approach and descriptive methods and is equipped with literature study data collection. The results of the study conclude that the sociology of law responds to the rejection of the omnibus law on work copyright done by workers and labor because it will have an effect on social impacts that have implications for demonstrations of labor and workers nationally.

scholarly journals MENYIBAK LUKA KEMANUSIAAN DALAM KETIDAKLAYAKAN LEMBAGA PEMASYARAKATAN (LAPAS)

2021 ◽  
Vol 20 (2) ◽  
pp. 187
Author(s):  
Marianus Ivo Meidinata
Keyword(s):  
Data Collection ◽  
Key Words ◽  
Qualitative Approach ◽  
Point Of View ◽  
Human Values ◽  
Literature Study ◽  
Collection Method ◽  
Phenomenological Philosophy ◽  
The Government ◽  
The One

<em>In this study, the author focuses on the reality of the improperness of prison as something that does not suit the values of Pancasila, especially the one which talks about 'just and civilized humanity'. The author would like to explore the motives and causes why the government does not guarantee welfare for the prisoners. This research uses a qualitative approach, with a literature study as a data collection method. The author tries to see the reality of humanity and the motives that underlie the guidance of prisoners through the point of view of phenomenological philosophy. This study concludes that the Indonesian government has not been able to ensure human values for the prisoners. Improperness of the prison such as the overload of occupants is a sign that the perspective of understanding prisons and inmates is still deviant. Prison is not seen as a place of transformation but as a place of punishment, just like the old understanding of prison. The Indonesian people seem to have not been able to regard prisoners as people with dignity. </em><br /><br /><strong>Key words:</strong> Humanity, Injustice, Prisoners, Prisons, Pancasila.

ANALISIS EKSTENSIFIKASI BARANG KENA CUKAI TERHADAP KANTONG PLASTIK DI INDONESIA

2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Eva Nikita Gultom
Keyword(s):  
Data Collection ◽  
Secondary Data ◽  
Qualitative Approach ◽  
Plastic Waste ◽  
Modern Life ◽  
Collection Method ◽  
Plastic Bags ◽  
Ministry Of Finance ◽  
The Government ◽  
High Level

The consumption of plastic bags in modern life is growing very rapidly, causing a high level of dependence. In fact, this increase does not go hand in hand with the handling of plastic waste. Indonesia is statistically ranked second as a producer of plastic waste heading to the sea after China. As anticipation, the Government through the Ministry of Finance has proposed a policy of collecting excise on plastic bags. Based on these things, with a qualitative approach, this study aims to analyze the extensification of excisable goods in plastic bags and provide input on the policy of using plastic bags that will be implemented in Indonesia. The results of the study concluded that the idea of extensification of excise on plastic bags is feasible to be considered considering the use of plastic bags that meet the characteristics of excisable goods and the potential revenue generated. In this case, the government can benchmark the implementation of plastic excise levies in other countries. The data collection method uses secondary data through literature studies which cause limitations in the study so that further research is needed.

scholarly journals Kebebasan Berdagang Di Tengah PPKM Darurat Ditinjau Dari Sudut Pandang Sosiological Jurisprudence Dan Konsep Keadilan

2021 ◽  
Vol 5 (3) ◽  
Author(s):  
Sukendar Sukendar ◽  
Aris Prio Agus Santoso ◽  
Raden Ade Rifai ◽  
Risma Dewi Hermawan
Keyword(s):  
Data Collection ◽  
Small And Medium Enterprises ◽  
Secondary Data ◽  
Point Of View ◽  
Literature Study ◽  
Activity Restriction ◽  
Community Activities ◽  
Sociological Jurisprudence ◽  
The Government ◽  
The Right

The government has implemented a Policy for the Imposition of Restrictions on Emergency Community Activities that have an impact on the trade sector, one of which is micro, small and medium enterprises. These business actors, in addition to experiencing a decrease in turnover, also received criminal sanctions in the midst of the imposition of this emergency Community Activity Restriction by the local government. The formulation of the problem in this study is how freedom of trade in the midst of the Imposition of Restrictions on Emergency Community Activities is viewed from the point of view of sociological jurisprudence and justice. The approach method used in this study is a normative juridical approach, with secondary data collection. Data collection in this research is by literature study. The results obtained were analyzed qualitatively. From the results of the study, it shows that in sociological jurisprudence, trading in the midst of the Imposition of Restrictions on Emergency Community Activities is a community right that becomes a public reality that should still be monitored and controlled without imposing fines even though the Salus Populi Suprema Lex Esto principle is the basis for implementing these sanctions. However, at least the legal ideals must still be considered in order to change social values in the community. In the concept of justice, trading in the midst of the Imposition of Restrictions on Emergency Community Activities is the right of everyone to defend their life and life which has been formulated by law in the form of rights and obligations. This emphasizes that the Government must still pay attention to justice by considering economic and social factors, which of course must be relevant to public order where a scale of justice is recognized.

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