Jurnal Keadilan menghimpun expose hasil kajian dan penelitian terkait pemikiran hukum, politik dan demokrasi, khususnya dalam upaya melakukan refleksi dan evaluasi sistem kepemiluan di Indonesia yang demokratis dan berkeadilan. Editor In Chief : Andhika Pratama
EVALUASI PENGGUNAAN AKTIVISME KPOP FANS DALAM MENDUKUNG PILIHAN POLITIK DI PILPRES 2024
This article discusses the phenomenon of K-pop politicization on the X social media platform, with a focus on the Anies Bubble case during the 2024 Election in Indonesia. The research uses attribution theory to understand the motivations behind political activism in the K-pop fandom community. The research method used is a case study with qualitative descriptive analysis. Anies Bubble is an anonymous account on X that supports Anies Baswedan with a style and culture similar to K-pop fans. Although anonymous, this account played an important role in political campaigns and fundraising for the AMIN couple. The research highlights a pattern of anonymity in K-pop fandom culture, where fans want to separate their online identities from their real lives. K-pop fandom culture is also noted for its significant financial support of its idols, which often leads to mass consumerism and wastefulness. Fans not only idolize them emotionally, but also buy albums, merchandise, and collect photo cards as a form of financial support. The practice of exchanging "freebies" has also become popular among fans, showing their love and support for their idols. Additionally, the article discusses K-pop fans' concerns regarding political and social issues. They not only enjoy music, but are also active in seeking understanding about social and political issues. This phenomenon reflects new forces in social activism, especially among the younger generation who have wide access to social media and information technology. Thus, K-pop is not only an entertainment industry, but also a platform for fans to actively participate in emerging social debates and movements.
Hak Cipta (c) 2024 Hanifah Islamiyah https://creativecommons.org/licenses/by/4.0
MENYOAL TANTANGAN BAWASLU DALAM MEWUJUDKAN INTEGRITAS PEMILU DAN PEMILIHAN 2024
This article analyzes the challenges faced by the Election Supervisory Body (Bawaslu) in ensuring electoral integrity during Indonesia's concurrent 2024 elections. Using qualitative methods and literature review, this study identifies various forms of electoral malpractice including institutional manipulation, voter preference manipulation, and vote count manipulation that threaten electoral integrity. The findings indicate that Bawaslu faces significant obstacles in performing its supervisory role effectively, including limited human resources, budget constraints, low public participation in election monitoring, and technological challenges. Additionally, the study reveals that criticisms of Bawaslu's performance center around slow response times to electoral violations and suboptimal law enforcement. This research contributes to understanding the complexities of electoral supervision and offers insights for improving future electoral processes in Indonesia.
Hak Cipta (c) 2024 Mudiyati Rahmatunnisa https://creativecommons.org/licenses/by/4.0
EFEKTIVITAS PENGAWASAN PARTISIPATIF DALAM MENGURANGI JUMLAH PELANGGARAN PEMILU 2024 DI JAWA BARAT
The 2019 General Election in Indonesia, particularly in West Java Province, recorded a high number of violations, with political money practices being the most dominant. Bawaslu West Java reported 942 violations during the 2019 Election, highlighting the need for stricter oversight in the 2024 Election. One approach that can be utilized is participatory oversight, which involves the public in monitoring and reporting electoral violations. The research problem in this study is to assess the effectiveness of participatory oversight in reducing election violations in West Java during the 2024 Election. This study uses a socio-legal method with a statute approach and a conceptual approach. The data used consists of primary data obtained from Bawaslu activity documentation and secondary data, including regulations, journals, and books related to electoral matters. The discussion in this study elaborates on the various initiatives carried out by Bawaslu West Java to enhance participatory oversight, such as educational programs for participatory monitors, community forums, oversight corners, collaboration with universities, and digital communities. The findings show that participatory oversight has successfully reduced the number of election violations in West Java, from 942 violations in the 2019 Election to 582 violations in the 2024 Election. In conclusion, participatory oversight has proven effective in reducing election violations in West Java. This study recommends that Bawaslu continue to expand and deepen participatory oversight by utilizing digital technology and strengthening electoral education across all layers of society.
Hak Cipta (c) 2024 Bakhrul Amal https://creativecommons.org/licenses/by/4.0
PERAN BAWASLU DALAM MENINGKATKAN PERAN AKTIF MASYARAKAT DALAM PENGAWASAN PARTISIPATIF PILKADA 2024 DI JAWA BARAT MELALUI FORUM WARGA
The 2024 Regional Head Election (Pilkada) is the first to be held simultaneously in Indonesia. This Pilkada is an important moment in democracy that requires active participation from all elements of society. The role of the Election Supervisory Body (Bawaslu) is very important in ensuring that this Pilkada can run honestly, fairly, and transparently. This article aims to analyze the role of Bawaslu in improving participatory supervision in the 2024 Pilkada in West Java through the Citizens' Forum. This Citizens' Forum is a forum for community discussion and coordination which is considered an effective means to strengthen participatory supervision. The research method used is a literature study. The results of this study indicate that Bawaslu seeks to facilitate the community in actively participating through voter education, supervision training, and the formation of a citizen forum network. This study concludes that participatory supervision through the Citizens' Forum will make a significant contribution to ensuring a more transparent and accountable Pilkada in West Java.
Hak Cipta (c) 2024 Gerald Arung Pagiling https://creativecommons.org/licenses/by/4.0
MITIGASI KAMPANYE HOAKS DALAM PEMILIHAN GUBERNUR DAN WAKIL GUBERNUR 2024 DI BAWASLU PROVINSI JAWA BARAT
The Provincial Election Supervisory Agency (Bawaslu) of West Java is one of the institutions responsible for overseeing the Governor and Deputy Governor elections in West Java Province. According to the Election Vulnerability Index for West Java Province, which is at a high-risk level (level four), particularly in the subdimension of candidate campaigns, there is a risk of the spread of hoax materials on social media during the campaign phase. Therefore, this study aims to analyze the mitigation measures taken by Bawaslu West Java to address the spread of hoaxes in campaigns. In this regard, Mintzberg’s institutional roles theory is used as the theoretical framework to analyze Bawaslu’s role in supervising the regional head election process. The research method employed is a descriptive method with a qualitative approach. The results indicate that Bawaslu West Java has successfully mitigated hoax campaigns, as evidenced by the resolution of 31 hoax campaign cases.
Hak Cipta (c) 2024 Annisa https://creativecommons.org/licenses/by/4.0
CAN ELECTION JUSTICE AND ECO-JUSTICE BE ACHIEVED SIMULTANEOUSLY THROUGH SUPERVISORY? A CASE STUDY OF REGIONAL ELECTIONS IN WEST JAVA INDONESIA
The intersection of election justice and eco-justice is an emerging area of focus, highlighting the connection between democratic processes and environmental sustainability. As societies grapple with environmental challenges and increasing social inequalities, the 2024 elections present an opportunity to address both issues simultaneously. This paper investigates the environmental impact of the 2024 Pilkada Serentak (simultaneous regional elections) in Indonesia, with a specific focus on the environmental consequences of the election materials used throughout the process. It analyzes key materials such as paper ballots, election booths, and ballot boxes, as well as the carbon emissions generated during the distribution of these materials to 27 regencies and cities in West Java. The study employs a Life Cycle Assessment (LCA) framework to assess the environmental footprint of these materials, considering all stages from production and transportation to disposal. The analysis provides a comprehensive evaluation of the ecological impact associated with the logistics of the election process, including the emissions related to the transportation of materials and the waste generated from non-biodegradable election materials. Drawing from the findings, this paper offers a set of policy recommendations aimed at reducing the environmental impact of future elections.
Hak Cipta (c) 2024 Nisrina Khansa Anjani https://creativecommons.org/licenses/by/4.0
IMPLIKASI HUKUM BAGI PENERIMA DALAM PELANGGARAN TINDAK PIDANA POLITIK UANG PADA PEMILIHAN KEPALA DAERAH
The practice of money politics that occurs in the election of Regional Heads is a form of violation or criminal act of the election. Money politics can damage the democratization process, but this seems to have become a bad culture in society and is considered commonplace. The purpose of this study is to determine the legal regulations and consequences for recipients involved in the practice of money politics and what efforts should be made. This research method is a normativeresearch that is descriptive-analytical with a normative legal approach. The results of the study indicate that the practice of money politics is a form of criminal act of the election and recipients involved in the practice of money politics are qualified as perpetrators (dader) who can be held accountable for criminal acts of the same degree as the giver of money or promises.
Hak Cipta (c) 2024 Eki Sirojul Baehaqi, Epa https://creativecommons.org/licenses/by/4.0
POLEMIK PUTUSAN MAHKAMAH AGUNG DAN MAHKAMAH KONSTITUSI TERKAIT SYARAT USIA PENCALONAN KEPALA DAERAH
The main problem in this study is the existence of different interpretations of decisions in judicial institutions testing legislation, between the Supreme Court and the Constitutional Court on the age requirements for nominating regional heads. The approach method used is normative juridical with secondary data collection methods in the form of primary, secondary, and tertiary legal materials. The results showed that when examining the theory and role of the Supreme Court and the Constitutional Court in legislation related to the authority to review laws, it is clear that the decisions of the Constitutional Court are higher. This is because its judgment refers directly to the constitution, thus integrating its decision into the legal framework. The action of the election organizers to uphold the decision of the Constitutional Court is actually a constitutional response, because the Constitutional Court Decision has a higher object and basis of testing in the hierarchy of laws and regulations. In the future, the idea of reforming the instrument or substance of the regulation and the authority of one-stop testing at the Constitutional Court is needed.
Hak Cipta (c) 2024 Sandra Leoni Prakasa Yakub https://creativecommons.org/licenses/by/4.0
IMPLEMENTASI NILAI -NILAI PANCASILA DALAM PELAKSANAAN PEMILU
This study aims to analyze the implementation of Pancasila values in the conduct of elections in Indonesia. As the foundation of the state and the guiding principle of the Indonesian people, Pancasila must serve as the basis for every aspect of election administration. The values contained within Pancasila, such as belief in God, humanitarianism, unity, democracy, and social justice, should be reflected in the democratic process. However, elections often face challenges such as practices that contradict the spirit of Pancasila, including vote-buying, negative campaigning, and election result manipulation. This research uses a qualitative approach with literature review methods and in-depth interviews with political experts and election practitioners. The findings show that while some aspects of elections, such as public participation and general administration, reflect Pancasila values, many challenges remain in realizing elections truly based on justice, unity, and the sovereignty of the people. Therefore, there is a need for stronger supervision, continuous political education, and a more proactive role from election organizers to ensure that elections not only serve as a mechanism for selecting leaders but also reflect the noble values of Pancasila in national life.
Hak Cipta (c) 2024 Rafih Sri Wulandari https://creativecommons.org/licenses/by/4.0
NETRALITAS KEPALA DESA DALAM PILKADA: SEBUAH TINJAUAN HUKUM YANG KOMPREHENSIF
Local Elections (Pilkada) in Indonesia are pivotal in the democratic framework, requiring fair and transparent conduct at all levels of local government, including villages. Village Heads play a crucial role in upholding the integrity of the electoral process and ensuring its adherence to principles of healthy democracy. Village heads play a pivotal role in local governance in Indonesia, responsible for administering government affairs, development initiatives, and public services within their communities. However, the issue of village head neutrality becomes crucial in the context of regional elections. This study aims to examine the role of Village Heads in facilitating the smooth conduct of Pilkada, particularly in the context of implementing neutrality regulations. These regulations are stipulated in Law Number 23 of 2014 on Regional Government.The research methodology employed involves a literature review from various relevant sources, including legislative regulations, research reports, and relevant case studies. The analysis reveals that despite the existence of neutrality regulations, challenges persist in their practical implementation. Some Village Heads occasionally engage in non-neutral political activities, directly or indirectly influencing the overall electoral process. The impact of Village Heads' neutrality violations on the integrity of the democratic process at the village level includes election unfairness, loss of public trust in the local democratic system, and potential social polarization and conflicts. Efforts to enhance Village Heads' understanding and compliance with neutrality regulations, such as training, intensive socialization, and monitoring and addressing violations, need continuous improvement. This research aims to contribute to improving the local democratic system in Indonesia by strengthening the role of Village Heads as guardians of neutrality in the electoral process.
Hak Cipta (c) 2024 Harmono, Hendri Suwarsono, Muhammad Husni Abdulah Pakarti https://creativecommons.org/licenses/by/4.0
KESADARAN HUKUM PENGAWAS PEMULA DALAM PEMILIHAN UMUM TAHUN 2024 DI KABUPATEN PEKALONGAN
The author conducted research with the following problem statement: What is the level of Legal Awareness among Election Monitors in the 2024 General Elections in Pekalongan Regency, and what factors influence this Legal Awareness? The research is classified as Empirical Juridical research with qualitative data processing methods. Data sources were gathered through observation, interviews, and documentation. A novel finding emerged regarding first-time election monitors, who are also first-time voters, referred to as beginners in the 2024 General Election. Based on the research results, it can be concluded that the legal awareness among beginner election monitors in Pekalongan Regency remains relatively low. Beginner monitors have yet to meet the indicators of Legal Awareness, such as Knowledge of Law, Understanding of the content of legal regulations, Attitudes toward regulation enforcement, and the formation of legal behavioral patterns. Factors influencing the legal awareness of beginner monitors include the legal certainty of Law No. 7 of 2017, the integrity in law enforcement by Gakkumdu, the availability of facilities and infrastructure, empowerment of monitors, and the presence of a Law Enforcement Community.
Hak Cipta (c) 2024 Riayanah, Yunas Derta Luluardi https://creativecommons.org/licenses/by/4.0
PENGUATAN INTEGRITAS PEMILU: PENDEKATAN INOVATIF MEMANFAATKAN MESIN PEMBELAJARAN UNTUK MENDETEKSI KECURANGAN
This study explores the development and implementation of machine learning (ML) models designed to detect patterns indicating electoral fraud. The aim of this study is to address existing gaps in the literature by integrating advanced ML algorithms, leveraging various data sources, developing real-time monitoring systems, ensuring model transparency, and addressing ethical considerations. The main argument is that ML provides a robust and adaptive approach to enhance the accuracy and efficiency of detecting electoral fraud. This research employs a comprehensive analysis using Systems Theory to integrate and optimize the various components involved in detecting electoral fraud. The study also develops real-time monitoring systems and incorporates methods for model interpretability and transparency. Ethical and practical challenges are addressed through thorough analysis and the provision of guidelines for responsible implementation. The study demonstrates that machine learning significantly improves the detection of electoral fraud by identifying complex and subtle patterns that may be overlooked by traditional methods. The integration of various data sources and real-time monitoring enhances the resilience and timeliness of fraud detection. Ensuring model transparency and addressing ethical considerations helps build trust and accountability in the electoral process. Overall, this research provides a comprehensive solution that enhances the accuracy, efficiency, and trust in detecting electoral fraud, thereby supporting the integrity of the democratic process.
Hak Cipta (c) 2024 Rita Komalasari, Cecep Mustafa https://creativecommons.org/licenses/by/4.0
PENINGKATAN PENGAWSAN PARTISIPATIF DALAM PENYELENGGARAAN PEMILIHAN KEPALA DAERAH
The purpose of this article is to analyze the urgency of participatory supervision in the implementation of the 2024 regional head elections and the authority of Bawaslu in improving participatory supervision of the implementation of regional head elections. The method used in this study uses a normative legal approach. The results of the study show that the urgency of participatory supervision is an effort to ensure that each voter votes intelligently, which can be done by voters by collecting data, information and inventorying findings of alleged violations related to the implementation of regional head elections carried out by the community or independent organizations. Participatory supervision aims to realize the implementation of an honest, fair, clean and transparent election process and the results can be accepted by all parties, both election participants and the community. Bawaslu as the election organizer is responsible for the implementation of all stages of the implementation of quality, integrity and dignified regional head elections, which are expected to be able to encourage and continue to strengthen election supervision by providing reinforcement in the form of regulations, authority, human resources, and adequate facilities and infrastructure. The form of activity as one of the authorities owned by Bawaslu in increasing community participatory supervision in the process of organizing regional head elections is through Participatory Supervision Education (P2P) activities organized by Bawaslu Regency/City, given to various groups of people, especially new voters to optimize the understanding and desire of the community to increase participatory supervision carried out by the community. In addition to these activities, Bawaslu also continues to optimize efforts to increase participatory supervision carried out by the community, including through the formation of supervision villages in the community environment, socialization to community groups about the importance of supervision of the implementation of regional head elections which is packaged in various forms of activities.
Hak Cipta (c) 2024 Utang Rosidin https://creativecommons.org/licenses/by/4.0
MENYONGSONG PILKADA SERENTAK TAHUN 2024: TANTAGAN DAN PROSPEK DEMOKRASI LOKAL DI INDONESIA
This research aims to analyze the prospects for local democracy in Indonesia through the context of simultaneous Regional Head Elections (Pilkada) in 2024. Local democracy in Indonesia has experienced significant developments since the 1998 reforms, including the first simultaneous Pilkada which was held in 2015. Looking to the future, Simultaneous regional elections in 2024 have considerable potential in strengthening local democracy in Indonesia. The research method used is literature study or normative legal research which covers legal, political and social aspects of the constitution with the simultaneous regional election process. This research also involves collecting data on community participation, the role of the media, and voter involvement in the Simultaneous Regional Election process. The results of this research show that the simultaneous regional elections in 2024 could be an important momentum in strengthening local democracy in Indonesia. It is hoped that community participation in regional head elections will increase, as will community political understanding and awareness. Apart from that, the role of the media as a supervisor and supporter of the Pilkada process is also a key factor in ensuring transparency and accountability. However, this research also identifies several challenges faced in implementing the simultaneous regional elections in 2024. These challenges include political, economic and social factors that could influence.
Hak Cipta (c) 2024 Andi Miftahul Amri https://creativecommons.org/licenses/by/4.0
PANDANGAN MASYARAKAT GRESIK TERHADAP POLITIK UANG DALAM PEMBAGIAN BANSOS
This research aims to analyze cases of money politics through the distribution of social assistance in the elections in Gresik and find out whether this action is in line with the principles of Pancasila. The method used in this research is qualitative research using a questionnaire for data collection. The questionnaire was distributed to respondents who were residents of the Gresik area. The research results show that money politics through the distribution of social assistance often occurs in elections because regulations to prevent these actions are still less effective. Money politics regarding the distribution of social assistance is considered incompatible with Pancasila. So action or solutions are needed to overcome the practice of money politics in distributing social assistance during the election period. This research explains and describes the perspectives of the people of Gresik on the practice of money politics in elections and money politics on the principles of Pancasila.
Hak Cipta (c) 2024 Shafa Sabrina, Fin Fina Marsita Ziporani Daniela Ballo, Alfina Christya Eka Asi, Ken Achmad Saksono https://creativecommons.org/licenses/by/4.0
PERAN PANITIA PENGAWAS PEMILU KECAMATAN BESUKI SITUBONDO DALAM MEMINIMALISIR POLITIK UANG PADA PEMILU 2024
This study aims to portray the role of the Panwascam Besuki District, which has duties and functions as an electoral supervisory as stipulated in UU No. 7 Tahun 2017 concerning Elections where one of its duties is to prevent the practice of money politics in the sub-district area. The research method uses descriptive qualitative, data collection by observation, in-depth interviews, and documentation. Data analysis was carried out inductively. The result of the study shows that Panwascam Besuki plays a role as an educator for the community by conducting socialization about participatory supervision and the latent dangers of money politics practices to various elements of society. The role of Panwascam as Electoral Supervisory is very central, especially in the sub-district area. The practice of money politics is a latent danger that is difficult to identify and act on. The existing legal instruments are good enough but are still not strong enough to crack down on money politics behavior that has certain patterns and is camouflaged. Panwascam Besuki’s role has been optimal in providing political education for the community, regarding the dangers of money politics through massive outreach activities.
Hak Cipta (c) 2024 Nuril Endi Rahman, Latutik Mukhlisin, Diaz Azis Pramudita https://creativecommons.org/licenses/by/4.0
KEAMANAN DATA DALAM PROSES PEMILU 2024: IDENTIFIKASI DAN MITIGASI ANCAMAN KEBOCORAN DATA ELEKTORAL
Data security in the election process is a crucial aspect of maintaining integrity and public trust in democracy. The threat of electoral data leaks could have serious consequences for individual privacy and the legitimacy of election results. This article discusses steps to identify and mitigate data security threats in the 2024 election. This process begins with a thorough risk assessment to identify potential threats and data sensitivity values. Integrated solutions involve implementing end-to-end data encryption, network protection with firewalls and intrusion detection systems, and regular security system updates. The importance of security awareness training for election personnel and conducting regular security audits was also emphasized. Strict management of access rights, development of emergency response plans, and collaboration with trusted third parties are also a focus. Overall, this approach is aimed at minimizing the risk of data leaks, improving election security, and building public trust in the democratic process.
Hak Cipta (c) 2023 Alwi Al Hadad https://creativecommons.org/licenses/by/4.0
KOALISI PARTAI ISLAM DAN WACANA PEMBELAHAN SOSIAL DALAM SISTEM PEMILIHAN PRESIDEN INDONESIA
This study explains the causal relationship between the presidential election system, social cleavages and religious identity, and the pattern of Islamic parties in forming coalitions in presidential elections. Why is Islamic identity no longer the main channel? How does the electoral system affect this problem? In the process, this research uses a qualitative approach by applying the tracing method to explain the research phenomenon. The research found that Indonesia’s presidential election system tends to be categorized as a majoritarian system with an emphasis on gaining more than 50% of the vote. Consequently, social cleavages are narrowing so that political parties tend to be center-oriented or pragmatic. This can be proven by the dynamics of coalition patterns formed in Islamic parties. They do not form a unity to emphasize Islamic identity or social cleavage as a major power, but they try to combine nationalist and religious elements in nominating candidates.
Hak Cipta (c) 2023 Mohammad Fazrulzaman Azmi https://creativecommons.org/licenses/by/4.0
MENDUDUKAN ULANG PERAN DAN WEWENANG PENANGANAN PELANGGARAN TINDAK PIDANA PEMILU OLEH BADAN PENGAWAS PEMILIHAN UMUM
The Election Supervisory Body Regulation No. 7 of 2022 and the Republic of Indonesia Election Supervisory Body Regulation No. 3 of 2023 concerning the Integrated Law Enforcement Center for Elections underline the role of Bawaslu in handling election violations, including criminal election acts, which are serious legal infringements in the context of elections. Bawaslu acts in a law enforcement capacity, tasked with investigating alleged election violations. This includes verifying the fulfillment of formal and material requirements of the reports and identifying types of suspected violations, akin to the investigative function in the Criminal Code, which should be conducted by officers of the Indonesian National Police. This study aims to explore the conception of handling criminal election violations by Bawaslu, particularly in its involvement in the Gakkumdu structure. The methodology employed in this research is juridical-normative. As a finding, this study concludes that the history of Indonesian democracy records a significant shift in the role of Bawaslu, occurring in line with the changing political dynamics and societal demands for transparency and accountability in elections. With the basis of Law No. 7/2017, Bawaslu also functions in the enforcement of election law, analogous to judicial institutions. Despite contradictions with the principle of separation of powers, the ‘new separation of powers’ approach categorizes it as an independent body. Bawaslu plays a critical role in overseeing administrative election violations, including monitoring, prevention, and enforcement actions. As part of Gakkumdu alongside the police and the prosecutor's office, Bawaslu coordinates in the enforcement of criminal election law, yet it should only act as a reporting entity, not as a direct handler of criminal election cases. The effectiveness of Gakkumdu is sometimes impeded by differing legal perceptions, necessitating an evaluation of its processes and work structure.
Hak Cipta (c) 2023 Ahmad Jamaludin https://creativecommons.org/licenses/by/4.0
DYNAMICS OF MONEY POLITIC LAW ENFORCEMENT BY SENTRA GAKKUMDU IN THE E-MONEY ERA
The operation of a democratic system with the implementation of general elections to search for and elect candidates for leaders and public officials cannot be separated from the issue of criminal violations committed. The issue of support is a problem for candidates for office who run in electoral contests, both in holding elections and elections, so that many try to gain votes instantly to influence voters by providing material rewards, be it money or other materials, so that their choice is given to a particular candidate. Integrated Law Enforcement Centers which are mandated by law, both by election and election laws, to carry out handling of criminal violations often have difficulty in proving cases of money politics. Today's problems are increasingly becoming because transactions are carried out not only by carrying out conventional transactions but have entered the era of electronic transactions. The issue of limited authority is an obstacle in itself because the complexity of proof in electronic transactions cannot be easily carried out.
Hak Cipta (c) 2023 Iskandar, Latifatul Qolbi https://creativecommons.org/licenses/by/4.0
RUANG TAFSIR ATAS JENIS/BENTUK SENGKETA PEMILIHAN KEPALA DAERAH YANG DAPAT DIAJUKAN KE PENGADILAN TINGGI TATA USAHA NEGARA
Referring to Law No.10/2016 and its subsequent regulations, dispute settlement for Local Government Election is jurisdiction of BAWASLU, and its verdict is considered binding. However, at the same time the Hight Administrative Court (PTUN) is given jurisdiction for administrative dispute of Local Government Election. These two conflicting rules come to attention because the enactment of the verdict of Local/District General Election Commission (KPU Provinsi dan Kota/Kabupaten). This creates confusion in the application of these regulations because there are no clear parameters for disputes that can be qualified as Local Government Election Administrative Disputes. Thus, the formulation of norms regarding issues regarding the implementation of Local Government Elections, especially regarding Election Disputes and State Administration Election Disputes, needs to be adjusted to the system applied in resolving Process Disputes and State Administration Disputes in the Implementation of General Elections as stipulated in Law Number 7/2017 regarding General Elections.
Hak Cipta (c) 2023 Fajar Ramadhan Kartabrata, Rosa Tedjabuwana https://creativecommons.org/licenses/by/4.0
KEAMANAN DATA PEMILU DI ERA CYBERCRIME: ANALISIS KASUS PERETASAN SITUS KOMISI PEMILIHAN UMUM
This research explores cybercrime incidents which resulted in data leaks on the official website of the General Election Commission (KPU). This happened repeatedly from 2004 to 2023. So, this research aims to determine the causes and impacts of cybercrime related to election data leaks on the official KPU website, as well as formulating strategic recommendations to strengthen election data security. Information security risk theory, policy decisions, and the concept of political trust are used to analyze phenomena and data with a qualitative method approach. The research results show that the KPU data leak occurred because the data security system that had not been built was not strong enough. Hacking cases have repeatedly led to a decrease in political trust and delegitimization of the election implementation process, so that the KPU requires cooperation from various stakeholders to create a safe and credible data system.
Hak Cipta (c) 2023 Siska Andrianika, Muhammad Syahrul Yudisthira, Reni Rentika Waty https://creativecommons.org/licenses/by/4.0
PROBLEMATIKA PENGAWASAN PEMUTAKHIRAN DATA DAN PENYUSUNAN DAFTAR PEMILIH TAMBAHAN (DPTB) DAN DAFTAR PEMILIH KHUSUS (DPK) PADA PEMILU TAHUN 2024
Elections in Indonesia have a significant impact on state representation and policy. Election integrity and data updating, especially the Additional Voter List (DPTb) and Special Voter List (DPK), are key to achieving inclusivity and overcoming voter change. This research emphasizes transparency and accountability in monitoring data updates, with a focus on a fair and open process. Involving a qualitative approach, literature studies, regulatory analysis, technical guidelines, and previous general election reports, the research aims to gain a holistic and in-depth understanding of the data updating process and preparation of the DPTb and DPK. Based on research results, guaranteeing citizens' voting rights involves a minimum age requirement of 17 years, not having their voting rights revoked by a court, and proof of residency. Related regulations, such as General Election Supervisory Agency Number 4 of 2023, regulate supervision by Bawaslu and Panwaslu. Organizing elections by the KPU requires responsibility for voter data with the principles of accountability, transparency and supervision, supported by technology, community participation and stakeholder collaboration to maintain the integrity of the election process and increase public trust.
Hak Cipta (c) 2023 Uu Nurul Huda https://creativecommons.org/licenses/by/4.0
PENGAWASAN PARTISIPATIF DAN UPAYA MENINGKATKAN LEVEL DEMOKRASI KITA
The Election Supervisory Board (Bawaslu), mandated by the law as the leading actor in overseeing the electoral process, holds the potential to enhance the quality of elections, which correlates with the quality of democracy through a Participatory Oversight Program. Active participation of the community, a crucial aspect in elections, needs improvement to ensure that the quality of general elections elevates, both in procedural and substantive aspects. The trust of the public in the electoral process and its outcomes is a growing concern, as community participation has so far been limited to statistical figures. Utilizing qualitative research methods and analytical descriptive techniques In this article, we make a case for the potential of participatory oversight initiated by Bawaslu to enhance the community's role in ensuring fair and transparent elections. By using participatory approaches, public education, and technology, Bawaslu can engage the public and increase their awareness in ensuring integrity-driven elections, which can help boost the quality of our democracy
Hak Cipta (c) 2023 Iqbal Reza Satria, M. Ridha Taufiq Rahman https://creativecommons.org/licenses/by/4.0
IMPLEMENTASI KEBIJAKAN AFIRMATIVE ACTION PADA BADAN PENGAWAS PEMILU PROVINSI JAWA BARAT
Affirmative Action Policies passed and set by political decision makers to pay attention to the optimization of Affirmative groups in politics, especially election organizers as stated in the Law. No. 17 of 2017.This law has a very important role to show the government's special attention in responding to the emerging issues of Gender, people with disabilities, indigenous peoples. This implementation is relatively difficult to carry out due to the many challenges faced by the relevant parties. The policy implementation model conceptually seeks to make it easier for policy analysts, policy implementers, policy objectives and stakeholders to be able to measure the success of this policy running appropriately. The implementation of this Law is the obligation and full attention of the central/regional government and related parties, in this case, election organizers to be able to answer and realize this Affirmative Action on target according to regulations set in the West Java Province.
Hak Cipta (c) 2023 Rafih Sri Wulandari https://creativecommons.org/licenses/by/4.0
PEMILU BERSIH: ANTARA HARAPAN DAN KENYATAAN
Elections are a celebration of the people's democracy and should be conducted honestly and openly. The primary objective of elections is to identify leaders who are able to improve the condition of society, particularly for those who have difficulties fulfilling their own and their families’ basic needs. Indonesians expect elections to be a path to prosperity, as mandated by the 1945 Constitution. However, elections in Indonesia still face various difficult challenges that must be faced by all Indonesians. One of them is the existence of fraudulent practices that are difficult to fully control by the state, in this case, the election organizers. These fraudulent practices occur on all sides: organizers, voters, and election participants. They are intertwined with each other. The apathy of the public towards the organization of elections is one of the reasons. Another reason is the massive practice of money politics. The high demand for money in society increases the risk of manipulation by those with financial power during elections. This is a serious threat to the future of Indonesian democracy. A successful election is crucial for the advancement of Indonesian democracy. As a sovereign country, elections are a way for Indonesia to achieve the ideals of prosperity for all its citizens.
Hak Cipta (c) 2023 Deni Gunawan https://creativecommons.org/licenses/by/4.0
PENGARUH METODE SAINTE LAGUE DALAM PENENTUAN ALOKASI KURSI DI DPR/DPRD PROVINSI DAN DPRD KABUPATEN/KOTA
The main problem of this research is the use of the Sainte Lague vote conversion method in electing members of the House of Representatives (DPR)/Regional Legislative Council (DPRD) Province or the Regional Legislative Council (DPRD) Regency/City. The application of the sainte lague method is contained in Article 415 paragraphs (2) and (3) of Law Number 7 of 2017 concerning general elections. The approach method used is normative juridical, with secondary data collection methods in the form of primary, secondary, and tertiary legal materials. The results of the study show: first, in the 1999, 2004, 2009, and 2014 elections, Indonesia used the hare vote conversion method, and in the 2019 elections, Indonesia used the sainte lague vote conversion method; second, the application of the vote conversion method will actually injure human rights, the principle of popular sovereignty, the concept of democracy, and the purpose of elections. To create a democratic electoral system, the author proposes abolishing the vote conversion method and calculating the winners of the DPR/DPRD Provincial and DPRD Regency/City elections based on the majority of votes they receive.
Hak Cipta (c) 2023 Sandra Leoni Prakasa Yakub, Siti Labiba Fathin https://creativecommons.org/licenses/by/4.0
PELANGGARAN KODEK ETIK PANITIA PEMILIHAN LUAR NEGERI DI MALAYSIA PADA PEMILU SERENTAK 2019
This research discusses violations of the Ethical Code of the Overseas Election Committee in Malaysia in the 2019 Simultaneous Elections. There are two problems in this study: first, what causes the occurrence of election violations in voting by postal methods in Malaysia; and second, how is the follow-up handling of these violations and what sanctions are in place for the Overseas Election Committee (PPLN) in Malaysia. This research uses a qualitative method with a case study approach through an organized plan or research procedure, from broad assumptions to detailed methods in data collection, analysis, and interpretation. The research findings reveal that two members of the Overseas Election Committee (PPLN) in Kuala Lumpur violated the voting process through the postal method, indicating a breach of the Ethics Code of the Overseas Voting Committee in Malaysia. The study reveals that a deputy ambassador in Kuala Lumpur, who was appointed as a member of PPLN, was involved in a conflict of interest. According to the DKPP decision, two former PPLN members are no longer eligible as election organizers. The research suggests that some election organizers may not be neutral in their decision-making and may attempt to manipulate vote results through the postal method.
Hak Cipta (c) 2023 Moh. Iqbal Alam Islami https://creativecommons.org/licenses/by/4.0
PENGUATAN BADAN PENGAWAS PEMILU DALAM PROSES PENEGAKAN HUKUM PEMILU
The 2019 general election is considered a complex election in terms of organization and types of violations. Allegations of election violations prompted changes in the various laws governing them. In preparation for the 2024 election, the General Election Supervisory Agency (Bawaslu) is working to strengthen election laws. This includes improving enforcement institutions and establishing Bawaslu as a permanent institution. Additionally, they are addressing the increasingly complex types of violations and the severity of sanctions. A normative-legal approach is the research methodology employed in this study. The study found that Bawaslu addressed election violations in two ways: settling election administrative violations through an open hearing conducted by the examining panel and settling election administrative violations through a fast event, in accordance with Law Number 7 Year 2017 on General Elections, which specifically refers to Perbawaslu Number 7 Year 2022 on Handling Election Violation Findings and Reports, Perbawaslu Number 8 Year 2022 on Completion of General Election Administrative Violations, and Perbawaslu Number 3 Year 2023 on Integrated Law Enforcement Center.
Hak Cipta (c) 2023 Utang Rosidin https://creativecommons.org/licenses/by/4.0
NETRALITAS TNI DAN POLRI DALAM PENYELENGGARAAN PEMILIHAN UMUM GUNA MEWUJUDKAN KONSOLIDASI DEMOKRASI DI INDONESIA
This article discusses the crucial role of the neutrality of the TNI and Polri in holding general elections with the aim of realizing the consolidation of democracy in Indonesia. This research details the impact and contribution of the TNI and Polri in maintaining the integrity and security of the democratic process. By utilizing the theory of democratic consolidation, this article identifies crucial conditions, such as competitive elections, recognition of human rights, civilian control of the military, a strong party system, and the role of a consensus political elite. This writing uses qualitative research methods. This writing is supported by empirical data and in-depth analysis of violations of the neutrality of ASN including the TNI and Polri and their impact on democratic consolidation. The results of this article show that the neutrality of the TNI and Polri is not only a security guard element, but also plays an important role in supporting Indonesia's democratic foundations. Conclusions and suggestions are provided to strengthen this neutrality, including strengthening training, transparency, and community involvement as an integral part of the democratic process.
Hak Cipta (c) 2023 Yusup Rahman Hakim https://creativecommons.org/licenses/by/4.0