TRANSFORMATION OF INDONESIA'S LEGISLATIVE ELECTION SYSTEM: NEW ORDER VS REFORM ERA IN CONSTITUTIONAL LAW

The principles of popular sovereignty and democracy are the basic principles of Constitution and are also limitations to revision. Since the basic system that materializes this is the electoral system, the electoral system is very important in realizing popular sovereignty and democracy. In particular, an institutional mechanism that links the will of the sovereign people to the results without distorting it is an important element in securing democratic representation and proportionality through elections. The main issue of efforts to improve the electoral system promoted in the 20th and 21st National Assembly was to improve the problem of the sovereign people's will not being reflected in the results due to the single-member district system in the current district elections. In other words, the result of the winner-takes-all system, in which only one person is elected per district under the single-member district system, the resulting problem of resignations, and the disproportionality between the party approval rating and the number of seats secured, called for improvement of proportionality in election results. However, the plan to improve the electoral system adopted and implemented after discussion in the National Assembly was implemented by maintaining the existing electoral district system, contrary to the original intention of improving the electoral system, and the semi-linked proportional representation system agreed upon and implemented in the 20th National Assembly was implemented. It resulted in distorting the will of the sovereign people, such as by creating satellite political parties. The electoral system improvement plan decided and implemented in the 20th and 21st National Assembly failed to strengthen proportionality and representativeness and undermined the political efficacy of the sovereign people, similar to before the introduction of the improvement plan. Accordingly, this paper analyzes the issues of the electoral district system and proportional representation system, which were discussed as improvement plans for the electoral system in the 20th and 21st National Assembly, and presents limitations and improvement measures.

The purpose of this research is to find out whether general elections simultaneously have an influence on strengthening presidential systems. To find out the implications of simultaneous elections on elections in Indonesia. The research method in this study uses a normative juridical approach used to study or analyze secondary data in the form of legal materials, especially primary legal materials and secondary legal materials. Primary legal material is the 1945 Constitution of the Republic of Indonesia, Law Number 7 of 2017 concerning General Elections, Decision of the Constitutional Court Number 14 / PUU-XI / 2013 etc. Secondary legal materials are those that provide explanations and interpretations of sources of primary legal materials such as law books, legal journals, and others. Tertiary legal materials are legal materials that provide guidance or explanation of primary and secondary legal materials such as legal dictionaries, encyclopedias, and related documents. The results of the study were argued that the holding of elections simultaneously with the plurality system itself actually tended to produce few presidential candidates. When presidential elections the supporters of candidates in this system tend to ignore candidates who are not competitive (non-viable) so they can focus on the top two candidates. This encouraged a coalition process between parties from the start because there was only one election round. The party that should submit its own candidate but the candidate is less competitive tends to drop the candidate and endorse one of the two most competitive candidates. The plurality system, if implemented separately from the legislative elections, the parties in the legislative elections do not need to think about the influence of the presidential election. This plurality mechanism affects parties when carried out simultaneously with legislative elections. The parties tend to nominate one of the two most competitive candidates, and lead to gathering support for the legislative parties in the two candidates. When one of the candidates wins the presidential election, then support for the president in the legislature tends to be the majority or close to the majority. The combination of the presidential plurality election system carried out simultaneously with legislative elections is the most likely to help strengthen multi-party presidential systems. Thus the simultaneous implementation of elections will strengthen the presidential system in which the President and Vice-President are elected to gain strong legitimacy from the people, in order to realize the effectiveness of government and also the support base of the DPR.

The aimed of this study was to identify the development of Sabili from the New Orde era to Reformation era. This research included in the press history research that used historical research methods with some procedures, namely heuristics, source criticism, interpretation and historiography. The resulted of this study showed that Sabili was part of the Islamic movement pioneered by young Islamic activists in Indonesia. T here were differences between Sabili during the new Orde and Reformation era. First, during the new Order era Sabili was present as an illegal magazine as a form of resistance to the New Orde, while during the reform era Sabili became a legal magazine. Second, during the new Orde era, the Sabili distribution system was carried out clandestinely and aimed at religious proselytizing activist groups, while during the Reformation period the distribution was open to the public. Third, during the New Orde era Sabili did not have an office, the name of the editor was disguised and used KTAI as a publisher, while during the reform era Sabili had a permanent office, the name of the editor used the real name and was managed by PT . Bina Media Sabili. Fourth, during the new Orde era, the Sabilis orientation was Islamic religious proselytizing, while during the reformation era Sabili preaching and business. Fifth, during the new order era, Sabili's content focused on Islamic knowledge and news about the Islamic world, while during the reformation era, Sabili's content did not only contain Islamic knowledge and news of the Islamic world but also actual news about the national and Middle East socio-political conditions.

General election is an important means for the state to ensure the implementation of a government that obtains the legitimacy of the people. In addition, the general election also aims to uphold democracy within sovereign states and ensure the implementation of the human rights of the citizens. Likewise in Indonesia, which periodically conducts general elections every 5 (five) years. General elections in Indonesia have undergone a shift from closed mechanical systems to open mechanical systems since 2004. This is influenced by the reforms that uphold the democracy and sovereignity, as well as respect for the political rights of citizens. The open mechanical system has variations since its use in 2004 to date, especially concerning the valid vote in the election. Therefore, this research will focus on analysing democracy that is being implemented in the election through open mechanical system, and various variations in open mechanical mechanical system in Indonesia. This research will be conducted by using normative research method by using primary legal materials in the form of laws governing the election, as well as secondary legal materials from various literature and scientific articles related to the problems discussed in the research. The results will be presented iin the form of problem description with analysis of the variety of open mechanical systems practiced in Indonesia. This study portrays the elections that are carried out honestly has manifested democracy and sovereignty of the people in the country. Furthermore there are various weaknesses of democratic interpretation in the variation of the implementation of open mechanical systems in elections in Indonesia.

The amendment of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) has resulted in fundamental changes to Indonesia’s constitutional system compared to the pre-amendment period. One of the most significant changes is the transformation of the state's organizational structure from a distribution of power model—where the People’s Consultative Assembly (MPR) functioned as the embodiment of popular sovereignty—toward a separation of powers model based on the principle of checks and balances. This shift is particularly evident in the provisions of Article 1(2) in conjunction with Article 3 of the 1945 Constitution. The redefinition of the MPR’s position, functions, duties, and authorities has legal implications for the status and hierarchy of MPR decrees (TAP MPR) within the national legal system. The reinstatement of certain TAP MPR following the constitutional amendments was formalized through Article I of the Supplementary Provisions of the 1945 Constitution and later reaffirmed in TAP MPR No. I/MPR/2003 concerning the Existence of TAP MPR: Review of the Material and Legal Status of Decrees of the Provisional People's Consultative Assembly and the People's Consultative Assembly from 1960 to 2002. From a positive legal perspective, the existence of TAP MPR is officially recognized as a category of legislation and incorporated into the legal hierarchy. However, from a legislative science perspective, the legal norm established in Article I of the Supplementary Provisions of the 1945 Constitution is problematic and unconstitutional, as it contradicts the 1945 Constitution itself. This issue has broader implications for the validity of TAP MPR as part of the national legal framework and necessitates a systematic approach to ensuring a more coherent and orderly legislative system in the future. This study seeks to address the following research questions: Is the existence of TAP MPR, as currently in effect, constitutionally valid? What legal measures should be taken regarding the continued validity of TAP MPR in the effort to establish a coherent legislative system in Indonesia? This research adopts a normative legal approach utilizing doctrinal normology, with historical and juridical-analytical methodologies. The data used in this study consist of secondary data sources, including primary legal materials, secondary legal materials, and tertiary legal materials. The key findings of this study are as follows: The Legal Status of TAP MPR: From a juridical perspective, the existence of TAP MPR/MPRS is based on Article I of the Supplementary Provisions of the 1945 Constitution. However, from a legislative science perspective, the formulation of this legal norm is unconstitutional, as it contradicts Article 1(2) in conjunction with Article 3 of the 1945 Constitution. Given that the legal basis for recognizing TAP MPR is unconstitutional, its regulation in lower-ranking legislation—namely, TAP MPR No. I/MPR/2003 and Law No. 12 of 2011—is also unconstitutional by extension (mutatis mutandis). The unconstitutional nature of Article I of the Supplementary Provisions has, in effect, allowed the MPR to engage in legal maneuvering, resulting in the issuance of TAP MPR No. I/MPR/2003. Consequently, TAP MPR No. I/MPR/2003 itself must also be deemed unconstitutional. Furthermore, the existence of TAP MPR as a component of positive law has been formalized in Law No. 12 of 2011 on the Formation of Laws and Regulations, which recognizes TAP MPR as a category of legislation and includes it within the legal hierarchy. However, the juridical recognition of TAP MPR within this law is also unconstitutional, as it is derived from an unconstitutional legal foundation. Legal Measures for Legislative Reform in Indonesia: First, the MPR should amend the 1945 Constitution by removing Article I of the Supplementary Provisions to eliminate the unconstitutional basis for TAP MPR. Second, the MPR should conduct a legislative review of TAP MPR No. I/MPR/2003 by issuing an MPR decision to revoke and declare it null and void. This can be further reinforced through legislative review and judicial review (i.e., a constitutional challenge) against Law No. 12 of 2011 to ensure its alignment with the constitutional framework. By implementing these legal measures, Indonesia can establish a more structured and constitutionally sound legislative system, ensuring consistency with the principles enshrined in the 1945 Constitution.

This chapter analyses democratic electoral systems and their impact on advancing democratic governance and development in Africa. This includes the dynamics and rationale for choosing a particular electoral system over the other(s) and the results of such decisions to the electoral and representative democracy. The electoral systems famous in political science are proportional representation (PR) and constituency based, as well as the mixed electoral system. In this chapter, various electoral systems have been deliberated on in the context of electoral democracy and its democratization process. Thus, considering the denial and exclusion of the majority to full citizenship and democratic governance during the colonial and apartheid regimes. The chapter uses country-based case studies to demonstrate the importance of the electoral democratic system in fostering democratic good governance and development in Africa.

Indonesia's democratic government system has experienced ups and downs based on history, where at the beginning of independence Indonesia used a presidential system, then changed to a parliamentary and then returned to a presidential system. The reformation period was a milestone in changing the government system where previously the president was elected by the MPR as the highest state institution to switch to direct presidential elections carried by a party or a coalition of parties - due to the existence of regulation on the threshold for nomination (parliamentary threshold) - but to maintain the implementation of the presidential campaign promise to establish a coalition of parties supporting the government which has an impact on the role of the People^s Representative Council only as a stamp of government interests. The problem in this study is how the presidential system exists in the post-reform Indonesian government system. The form of the research method used is normative juridical with a statutory approach and an analytical descriptive approach that examines primary and secondary legal materials, besides examining the synchronization and harmonization of law. The conclusion is that the current Indonesian government system tends to be parliamentary. This is due to the weak bargaining position of the DPR in supervising the running of government because the majority of DPR members are supporters of the government, while the opposition forces are unequal with the majority, which prioritizes the most voting system over consensus deliberation for the benefit of the people. so that checks and balances - separation of powers - turned into a division of powers - dividing power.

The childhood is an important period in human life, because it requires a child in another person, both in ensuring the physical and spiritual salvation of a child. To achieve this requires the roles and responsibilities of both parents. But hope can not be realized, in case of divorce between father and mother of the child. The problem that arises is to whom the child is raised if between mother and father both have legal defect as holder of hadhanah. This is contained in the decision of Maumere Religious Court number 1 / Pdt.G / 2013 / PA.MUR, where in the verdict the mother has legal defect as holder of hadhanah because his apostasy and father also have legal defect because ever been sentenced to imprisonment problem neglect child . As for the verdict the judge decides to set the hadhanah to fall into an apostate mother. This research is a normative juridical legal research with applicable legislation approach. The research phase used literature research and interview with Majelis Ulama Indonesia. The sources and types of legal materials used are primary legal materials supported by secondary and tertiary legal materials. Primary legal material is obtained from legislation related to this research, whereas secondary legal materials are obtained from relevant books, journals, and other legal materials. In analyzing the data that have been obtained by way of classifying primary and secondary law materials and then analyzes by using qualitative normative method in the form of a description to be drawn conclusions in order to get clarity on the problems studied. Conclusions from the results of the study indicate that the factors of bad behavior and apostasy that are owned by the applicant and the requested party, basically make the two parties hindered to get rights hadhanah for their three children. This is stipulated in Article 156 (c) of the Compilation of Islamic Law. Whereas in the verdict the judges decide the right to be given to apostate mothers, on the grounds that child harm will be lighter if the child is in mother's care than with his father who has neglected his family. In the Compilation of Islamic Law and Law Number 35 Year 2014 on Child Protection there is no article that regulates how if child custody falls to apostate parents. However, the Qur'an strictly prohibits if a Muslim is taken care of by unbelievers because it is feared that the unbelievers will dominate the Muslims.

This article is to analyze and examine the dynamics of investment law politics that can provide legal certainty for investors, both domestic and foreign investors. Legal politics is an integral part in making a statutory regulation. The existence of such legal politics will bring the substance of a regulation into the initial purpose and spirit of the formation of legislation. This research was conducted normatively using secondary data. Secondary data used in the form of primary legal materials and secondary legal materials. After the data was obtained in the literature, the data were then analyzed descriptively qualitatively to produce conclusions in this study. The conclusion in this study is that the investment law politics in each era of the old order, new order era, and reform era has its own characteristics according to the developments and demands of the times. In the old order era, the focus was more on finding capital for development and national interests, while in the reform era investment became an additional element in national development. The Job Creation Act brings the spirit of ease in investing.

This study aims to determine and explain criminal law policies in tackling illegal logging crime and to find out the inhibiting factors of criminal law policies in tackling criminal acts of illegal logging in the Lambusango forest. Data collected in this study are primary and secondary legal materials and tertiary legal materials. Primary legal materials are binding legal materials in the from of laws ans regulations as well as other legal materials relating to criminal law policies in tackling illegal ligging in the Lambusango forest. Then what is meant by secondary legal materials are materials that provide clarity about primary legal materials such as book written by legal ecperts on criminal law policies in tackling illegal logging in the Lambusango forest. Whereas what is meant by tertiary legal materials are materials that provide instructions or explanations for primary legal materials and secondary legal materials, such as dictionaries and indexes. The data that has been obtained as a result of the study are analyzed using qualitative analysis, which illustrates the facts that are based on research that has been done in the from of a systematic description by explaining the relationships between various types of data. After the analysis is carried out, conclusions can be drawn using the inductive method to.

This research aims to analyze how victims' rights are protected in Indonesia for cases that occur such as abuse and what laws can be imposed on the perpetrator through the case of Ronald Tannur who abused his girlfriend. The research method used in writing this paper is the normative legal research method (normative doctrinal-juridical). In this research, the author uses primary legal materials and secondary legal materials. In this research, the researcher used library materials as the main material for analyzing cases, and in conducting research. Normative legal research is a process of finding legal rules, legal principles and legal doctrines. The legal materials used in this research are primary legal materials and secondary legal materials. Primary legal materials include statutory regulations and official documents that contain legal provisions, while secondary legal materials are legal materials that provide explanations regarding primary legal materials. The results obtained in this research show that there are various legal bases that have been implemented in Indonesia, such as regulations that have been issued and stipulated by the government which regulate the protection of victims' rights, one of which is Undang-Undang (UU) Nomor 13 Tahun 2006 tentang Perlindungan Saksi dan Korban in Indonesia. Apart from that, there are articles from the Kitab Undang-Undang Hukum Pidana that can sentence such perpetrators to prison, such as Pasal 338 of the Kitab Undang-Undang Hukum Pidana.

This study aims to identify and analyze criminal procedural law arrangements in resolving cases of wrongdoing committed by doctors; and legal protection for patients in reverse proof of the settlement of wrongdoing by doctors. The research method used is normative juridical research, the type of research is descriptive analytical. The source of legal materials is primary and secondary legal materials. The technique of collecting legal materials is carried out by library research on legal materials, both primary legal materials, secondary legal materials, to complement the legal materials collected, interviews are conducted with experts or resource persons selected based on the authority exercised by the relevant In this paper, analysis of legal materials is descriptive qualitative, namely identifying primary and secondary legal materials that will be carried out in analyzing problems in a series of processing stages by carrying out an inventory, systematizing, to make it easier to analyze these problems. Based on the analysis, the authors conclude several things, including: (1) the system of proof of criminal procedural law in the process of resolving a case of wrongdoing committed by a doctor still uses the usual burden of proof as stated in article 66 of the criminal procedural code ( KUHAP); (2) providing legal protection to patients under the burden of proof reversed on the settlement of wrongdoing committed by doctors can be seen using: 1. Philosophical Approach, 2. Juridical Approach, 3. Theoretical Approach, and 4. Social Approach.

Introduction: The SPPA Law is a regulation that applies restorative justice and diversion as an effort to divert cases from litigation to non-litigation. Children as perpetrators of criminal acts in the process of resolving criminal cases must be diversified at the police (investigation), prosecutor's office, and court levels.Purposes of the Research: The purpose of this research is to find new ideas and discuss the success of diversion at the investigation stage for juvenile offenders.Methods of the Research: This research is normative research, the type of research is descriptive analytical. The sources of legal materials used in this study are primary legal materials and secondary legal materials. The technique of collecting legal materials used in this writing was carried out by means of library research on legal materials, both primary legal materials, secondary legal materials, and analysis of legal materials used by the author is descriptive qualitative which identifies the primary and secondary legal materials used. will be carried out in analyzing problems in a series of processing stages by carrying out an inventory, systematization, to make it easier to analyze these problems.Results of the Research: Based on the problems studied, the authors found several new ideas about the success of diversion at the level of investigation which were influenced by several factors including 1) the victim factor where the victim was willing to forgive the perpetrator's actions; 2) the actor's factor where the perpetrator is willing to agree to compensation that has been agreed upon with the victim; 3) the Investigative factor, namely the role of the pro-active investigator as a facilitator in seeking maximum diversion and opening a space for peace between the perpetrator and the victim; 4) the factor of freedom in which the Children's Community Guidance Resources who understand their role as diversion facilitators maximally want to provide assistance to children in an effort to make peace between perpetrators and victims; 5) the family factor, namely the victim's family who wants peace and influences the victim to make peace with the perpetrator and 6) the community factor where the role of the community in this case is represented by community leaders, traditional leaders, or religious leaders as facilitators in efforts to settle peace between the perpetrators and victims of crime

The Indonesian Flats Ordinance is regulated by the Ministerial Ordinance or the head of the agency that handles affairs in the agricultural sector and aims to create legal certainty and protection for the owner of the right or house. The purpose of this research is to discuss the regulation of foreign houses in Indonesia and to find out what the meaning of foreign house law is in Indonesia. The sources of legal materials for this research are primary and secondary legal materials, where primary legal materials come from legislation relevant to the case raised. Meanwhile, secondary legal materials come from legal books and journals that can support primary sources. The collection of primary and secondary legal materials is carried out by collecting, reading and recording legal materials. However, first an agreement must be reached between the owners of the land rights, then the rights are submitted to the State Land Agency (BPN) under the attorney's power to sell the alternative, and so on. The process of transferring the right to housing into the use rights of foreigners. In addition, the legal impact of foreign housing ownership in Indonesia based on Government Regulation of the Republic of Indonesia Number 103 of 2015 aims to provide legal certainty regarding permits for foreign citizens. (Foreigners) own a flat (salsun)/apartment built on a plot of land that has the right to be used.

A notary is a public official with the authority to do authentic deeds. In Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries, article 17 paragraph (1) states that Notaries are prohibited from holding the same position as Advocates. However, there have been cases of notaries holding concurrent positions as advocates. This research further examines violations of notaries who hold concurrent positions as advocates based on a sharia perspective. This research uses a normative juridical research method. The data used in this research is secondary data. Secondary data includes primary legal materials and secondary legal materials. The primary material used is regulations, while the secondary material used is literature related to this research. In this research, the author used qualitative data analysis to produce descriptive data. Based on the research results, notaries cannot violate the established code of ethics in their positions. This is because if a notary violates the professional code of ethics, it means that the Notary is violating the oath in Islam called the karat oath. Violations of the Code of Ethics for Notaries with Multiple Positions in the view of Islamic law are prohibited to avoid conflicts of interest or conflicts of interest. In the Islamic religion, it is also said that every profession must be carried out diligently (Putin). The prohibition on holding multiple positions for notaries also aligns with independence (al-istiqlaliyah) in the legal field. This independence can only be captured in other professions within the notary public. Apart from that, this is also in line with the principle of professionalism, in which the concept of Sharia is referred to as al-qowiy.