Decision Of Constitutional Court Research Articles

Essence of the Public Interest Principle in Petroleum Mining According to the Constitution

Indonesia is a country that has abundant natural resources, but Indonesia faces challenges in regulating petroleum mining so that it can always improve people's welfare. Therefore, this research will focus on examining the actual role of the state in implementing the principle of public interest in the field of petroleum mining as mandated by the 1945 Constitution of the Republic of Indonesia. This principle of public interest is intended to ensure that petroleum resources are considered strategic. by the state can be managed for the greatest prosperity of the people so that it is in line with the objectives of the constitution, namely justice, expediency and legal certainty. To achieve this, the state must be able to provide parameters regarding the extent to which the regulation concerns the public interest so that it can be used as a guide in interpreting state control over natural resources and ensuring their utilization for the greatest prosperity of the people. stated in the law. constitution. This principle has actually been tested and enforced through various legal frameworks and Constitutional Court decisions, thereby further emphasizing the role of the state in prioritizing community welfare in petroleum mining activities.

Honorary Board of Election Organizers (DKPP) as an Ethical Judicial Institution for Election Organizers

The Honorary Board of Election Organizers (DKPP) is an election organizing body tasked with handling violations of the code of ethics of election organizers. DKPP is a state institution established by law. As a state institution that organizes elections, DKPP has the authority to examine, call, sanction and decide on violations of the code of ethics of election organizers. This authority is implemented through a judicial process such as in general courts, namely the process of examining reporting witnesses, reported witnesses, expert statements, validation of evidence, and reading of the verdict. The DKPP's decision is final and materially binding. The trial of violations of the code of ethics held by the DKPP and added to having the nature of a final and binding decision makes the DKPP in several judicial body decisions referred to as a quasi public court, while in the Constitutional Court decision the DKPP is interpreted as a single function of organizing the Election together with the KPU and Bawaslu, meaning that the DKPP is an election organizing institution.Based on this, this study formulates the problem formulation, namely how is the position and authority of the DKPP as a state institution that organizes elections that functions as a quasi public court? This research is a normative legal research whose nature is descriptive and from the perspective of its form is a prescriptive research. This research uses a legislative, conceptual, historical, conceptual, and comparative approach. The research results conclude that the DKPP is an election organizer in the form of an auxiliary state organ that is independent. The DKPP has the authority to enforce the code of ethics of election organizers which in character is almost the same as a general court. The DKPP's decision is final and materially binding. Based on this, the DKPP as a state institution that organizes elections can be called quasi ethical court of public nature .

Analisis Bahasa Anies-Muhaimin pada Tayangan “Usai Putusan MK Anies-Muhaimin Menghormati dan Beri Selamat Ke Prabowo Gibran” di Channel Youtube Kompas TV Sukabumi

In political campaigns, rhetoric plays an important role to attract public attention. The Anies-Muhaimin candidate pair utilised the Youtube social media platform to campaign and discuss with the people through the "DESAK ANIES" and "SLEPET, IMIN" programmes, which aimed to deliver political messages and increase popularity. The programmes include interviews, panel discussions and vlogs. This research uses qualitative methods to understand the dynamics of their political campaigns. The research revealed that the rhetoric of the Anies-Muhaimin pair had a significant impact on public acceptance during the 2024 election campaign. The combination of ethos, logos, and pathos used in their speeches succeeded in creating a space of acceptance and trust that the constitutional process had been completed with the results of the final Constitutional Court decision. The ethos rhetorical technique was also used by Anies to recognise Prabowo's credibility as president-elect. As a result, Anies-Muhaimin's rhetoric was able to create a fair and peaceful democratic atmosphere, and restore the divisions that occurred during the election process, making the community back in harmony and order during the election

Ius Constituendum on the Doctrine of Unlawful Nature in the Law on the Eradication of Corruption After the Constitutional Court Decision Number 003/PUU-IV/2006

The unlawful teachings in the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption have been considered by the Constitutional Court as a norm that is contrary to the Constitution of the Republic of Indonesia in 1945, and does not have binding legal force. This condition has legal implications for the meaning of unlawful elements in Article 2 paragraph (1) of the Law on the Eradication of Corruption, becoming vague (vague norm). The purpose of this study is to analyze the unlawful teachings in the Law on the Eradication of Corruption in Ius Constituendum. This research uses normative legal research, which formulates the aspired law (ius constituendum) on the meaning of the element against the law (wederrechtelijkeheid) in the Corruption Eradication Law after the Constitutional Court Decision Number 003/PUU-IV/2006. The results of the discussion show that by assessing the basis of the Constitutional Court's legal considerations (ratio decidendi) Number 003/PUU-IV/2006. The cancellation of the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption which adheres to the teachings of the nature of the act of violating formal and material laws, because it is considered that the concept of materiele wederechtelijk, which refers to unwritten law, is an uncertain measure. The unlawful element in Article 2 paragraph (1) of the Law on the Eradication of Corruption Crimes is still interpreted as against formiele wedderechtelijkeheid and against materiele wedderecjhtelijkeheid in its negative function. As for its positive function, it must be considered contrary to the principle of protection and fair legal certainty regulated in Article 28D of the 1945 Constitution.

Legal Protection for Creditors Who Recipient of Motor Vehicle Fiduciaries After Constitutional Court Decision Number 18/PUU-XVII/2019 & Number 2/PUU-XIX/2021 (Study at BRI Finance Malang Branch)

Fiduciary is a material guarantee which is a development of other material guarantees, namely Pawning. This development is a living need in society because pawning collateral which requires control of the pledged collateral object by the creditor is felt to be less supportive of business because the debtor cannot benefit from the collateral object so material collateral is needed which is more beneficial for the debtor but also the creditor's interests can still be protected. Execution of fiduciary guarantees can be carried out in accordance with article 29 UUJF, namely if the debtor or fiduciary person breaks his promise, the execution of the object that is the object of fiduciary guarantee point 1 above is the priority given by the material guarantee institution which is referred to as Parate execution, which is regulated in Article 15 paragraph (3) of the Fiduciary Guarantee Law (hereinafter abbreviated to "UUJF") which states that "If the debtor breaks his promise, the fiduciary recipient has the right to sell the object that is the object of the fiduciary guarantee under his own authority." The research method used is the Socio Legal Research Method or commonly used as empirical juridical research. Empirical legal research, namely data obtained directly from the community as the first source through field research. The research location is at the BRI Finance Malang Branch Office which is one of BRI's subsidiary entities which operates in the financing sector located in Malang City. One of the financing products from BRI Finance is Multipurpose Motor Vehicle Ownership Credit where the collateral is a motor vehicle tied to the institution fiduciary material guarantee. The results of the research show that the execution of credit collateral in the form of a motor vehicle tied to a fiduciary with the Constitutional Court decision Number 18/PUU/XVII/2019 which is confirmed by the Constitutional Court decision No.2/PUU-XIX/2021 becomes weaker because the creditor's preference rights are limited. The institution granted fiduciary material guarantees in the form of an execution parate cannot be carried out unilaterally because it must obtain the debtor's approval regarding the element of breach of contract/default and also the voluntary handover of fiduciary objects

Analisis Sentimen Publik pada Tagar #KawalPutusanMK di Media Sosial X

The background of this study is the importance of the validity of land buying and selling that is carried out not in front of the Land Deed Making Officer (PPAT), especially because many people still buy and sell land under their hands. This practice is often caused by a lack of understanding of legal procedures or avoiding unwanted additional costs. In fact, in accordance with government regulations and applicable laws, the transfer of land rights can only be registered with proof of an authentic deed made by PPAT. Therefore, this study aims to analyze public sentiment towards #KawalPutusanMK hashtags on social media X (Twitter), using a netnography approach and big data analysis. The #KawalPutusanMK movement emerged in response to the DPR's efforts to revise the Constitutional Court's (MK) decision regarding the 2024 Regional Elections, which sparked controversy among the public. The research data was taken from conversations that occurred on platform X between August 21 and September 29, 2024. The results of the analysis showed that there were 1127 tweets using the hashtag, with the following sentiment distribution: 91 positive, 484 negative, and 552 neutral. The dominance of negative sentiment indicates public dissatisfaction with the Constitutional Court's decision. This research contributes to understanding the pattern of political communication on social media and provides insights for the government in monitoring public opinion and formulating more responsive policies.xx.

The Authority of the Constitutional Court in Reviewing International Agreements : Case of ASEAN Charter Review

This study discusses the authority of the Constitutional Court of the Republic of Indonesia in reviewing international agreements, focusing on the ASEAN Charter case. The results of the study indicate that the Constitutional Court does not have the authority to review international agreements, because its duties are limited to reviewing laws against the Constitution. Therefore, the Constitutional Court's decision to review laws related to the ASEAN Charter is considered inconsistent with applicable legal provisions. The implications of this review on Indonesia's position in ASEAN are not significant, because the Constitutional Court's decision is more aimed at harmonizing national law with Indonesia's international obligations. This study emphasizes the importance of a clear understanding of the limitations of the Constitutional Court's authority in the context of international law and its impact on Indonesia's relations in ASEAN.

Sentiment Analysis of the MK Decision Trial of the Result of the 2024 President and Vice President General Election on Social Media X Using the Support Vector Machine Method

Support Vector Machine (SVM) is a method of machine learning often used in classification and regression issues, especially in the classification of commentary reviews on social media such as Twitter. The Constitutional Court (MK) has the authority to resolve disputes resulting from the general election, including the 2024 presidential election. As an institution that maintains fairness and transparency in the democratic process, the Constitutional Court's decisions are often at the center of public attention and debate, especially on social media. In the 2024 general election, various allegations of fraud led to protests from several parties who felt aggrieved. The final and binding Constitutional Court's decision is expected to resolve the conflict that arises, but it often does not satisfy all parties, causing political and social tensions. This conflict can be reflected through public opinion expressed on social media, such as Twitter, where various responses and sentiments to the decision are essential analysis materials. This Research uses the Support Vector Machine (SVM) algorithm with a dataset of 1383 review comments divided by an 80:20 ratio for training and testing. The system was implemented using the Python programming language, with evaluations showing the highest accuracy at 61.00%, precision at 61.00%, and recall at 62.00%. This study aims to analyze public sentiment regarding the Constitutional Court's decision using the SVM method and identify the tendency of public opinion as positive, negative, or neutral. Through this study, it is expected that a deeper understanding of the public's perception of the Constitutional Court's decision is obtained. In addition, this Research is likely to contribute to developing sentiment analysis methods in the future and provide a basis for recommendations for the Constitutional Court in handling election result disputes better.

Juridical Review of The Issuance of Ministerial Regulations without Any Delegation from The Law

Ahead of the syncronous Regional Elections (Pilkada) that to be run in November 2024, there is still a polemic related to the legal guidelines for the acting of regional heads’s levitation whose term of office ends ahead of the 2024 simultaneous elections. The legal basis for the Minister of Home Affairs Regulation Number 4 of 2023 concerning Acting Regional Heads issued by the Minister of Home Affairs is considered to have many irregularities. This paper reveal the absence of statutory delegation in the issuance of the Permendagri and the use of legal considerations of the Constitutional Court judges in the Constitutional Court Decision Number 15/PUU-XX/2022 as a consideration in the Permendagri. The research method used in this paper is normative juridical through a statutory approach as a source of existing law. The results of this study conclude that the issuance of Permendagri No. 4 of 2023 is unfounded if only viewed through the presence or absence of delegation of the formation of implementing regulations. If viewed more broadly through the theory of discretion, then this is considered valid, in order to fill the legal vacuum. The legal deliberations of the Constitutional Court judges in MK’s Decision Number 15/PUU-XX/2022 also strengthen the legitimacy of the issuance of Permendagri No. 4 of 2023, this is because the content of the legal considerations is considered to be commensurate with the ruling, even though the ruling was rejected. Unfortunately, the implementing regulation chosen by the government to regulate the inauguration of acting regional heads is in the form of a Minister of Home Affairs Regulation, not a Government Regulation.

Changes in Pretrial Authority through the Decision of the Constitutional Court

Pretrial authority underwent changes in authority through the Constitutional Court Decision. This research aims to examine and analyze several judicial reviews of pretrial objects, consisting of Constitutional Court Decision Number 21/PUU-XII/2014, Constitutional Court Decision Number 109/PUU-XIII/2015, Constitutional Court Decision Number 102/PUU-XIII/ 2015 & Constitutional Court Decision Number 130/PUU-XIII/2015, which as a whole, the a quo decision changes pre-trial authority. The formulation of the problem in this research is 1). What is the role of the Constitutional Court in making legal breakthroughs regarding pretrial? 2). What are the dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority? The research method used in this research uses doctrinal legal research methodology. This research concludes that: 1). The role of the Constitutional Court in making legal breakthroughs regarding pre-trial can be seen in, first: the Constitutional Court determines that the determination of suspects is included in the object of pre-trial. Second: The Constitutional Court limits the scope of pre-trial material law to the position of KPK investigators which cannot be equated with POLRI investigators, that KPK investigators stand alone with Law no. 30 of 2003 as amended in Law no. 19 of 2019 concerning the Corruption Eradication Commission. Third: ending the multiple interpretations of judges, discontinuing pre-trial applications when the case has been examined or entered the main case. Fourth: the submission of a notification letter for the start of an investigation is extended not only to the public prosecutor, but also to the suspect and the reporter/victim. 2). The dynamics and issues behind the Constitutional Court's decision in changing pre-trial authority, namely related to pre-trial authority in determining suspects, the dismissal of pre-trial petitions, the submission of SPDP, the entire Constitutional Court's decision has not been followed up in the form of a revision of the law

The Wetu Telu Community’s Customary Chief Influence on the Management of Indigenous Forests in Bayan, North Lombok, West Nusa Tenggara

The existence of an institution system and customary chief is very important for the sustainability of customary forest management. This study attempts to explain the function of the traditional chief of Wetu Telu community in the management of indigenous forests in the Bayan Sub-District, North Lombok Regency, West Nusa Tenggara Province, as well as the institutional framework and changes in that function. Observation, interviews, and documentation were used to collect data. The data obtained was analyzed thematically using Nvivo 12 Software, while a descriptive analysis used the Milles and Huberman Model. The results show that customary chiefs have the following roles: raise public awareness, spearhead conservation efforts, convey moral and spiritual messages, guide and oversee conservation efforts, mediate conflicts of interest related to nature, lead religious activities related to nature, and establish communication and collaboration. The institutional system of the Wetu Telu community’s customary chief consists of several components, including special requirements, an appointment mechanism, personnel, a term of office, a source of income, and a dismissal mechanism. The role of the customary chief in indigenous forest management continues to be strengthened from time to time. The reasons for strengthening the role of the customary chief are the issuance of the Constitutional Court Decision Number 35 of 2012 concerning the status of indigenous forests, the recognition of the success of local wisdom-based forest management patterns, increasing public awareness of the importance of environmental conservation, global warming, and, the development of ecotourism. Keywords: customary chief, indigenous forest management, local government, Wetu Telu community

Constitutional Court Decision No.60/Puu-XXII/2024 Protects the Constitutional Rights of Citizens and Political Parties in Simultaneous Regional Elections in the Regions

Since Indonesia's establishment and independence, the process of filling the seats or positions of Regional Heads has changed many times, starting from the Old Order era, the New Order, and the reform period. These changes are actually in accordance with the needs of the times and not motivated by the interests of maintaining power. The decision of the Constitutional Court (MK) Number 60/PUU-XXII/2024 is right for now. At least it saves democracy from the cartel politics being played by the political elites in the country. The Constitutional Court's decision, which changed the threshold to resemble or almost the same as the requirements for individual candidates, opened the faucet for competition to become even more alive. This includes guaranteeing the constitutional rights of non-parliamentary political parties (without seats) to be able to nominate candidates for Regional Heads who were originally unable to as specified in Article 40 of Law 10 of 2016 concerning Pilkada. However, for the sustainability of democracy in the future, the author views that this decision is not optimal or still leaves problems. In the future, the implementation or application of a threshold or minimum requirement of support for the nomination of candidates for Regional Heads and even the President is no longer appropriate. In the future, an open nomination system should be applied, in which all political parties participating in the elections that pass the KPU verification are automatically entitled to propose candidates for Regional Heads. Some countries that adhere to the Presidential system do not recognize the term threshold. America, Brazil, Peru, Mexico, Colombia, and Kyrgyzstan.

Juridical Analysis of State-Owned Enterprises (BUMN) with Bankruptcy Status

Bankrupt BUMN is not as simple as bankruptcy of a person or other legal entity, because this BUMN has state assets whose management must involve state intervention. Government intervention is proven by the presence of the Minister of Finance as CFO and majority owner of BUMN and the Minister of BUMN as director and supervisor of BUMN activities, apart from that there are supporting regulations, namely the KN Law, PN Law and Constitutional Court Decision No. 62/PUU-XI/2013 which notes that wealth separated from BUMN remains state wealth. If a state company is bankrupted by its own debtor, the finance minister has the largest say in the state-owned bankruptcy application than the GMS, in Peru the finance minister has the highest power and is the only party. who can file bankruptcy. The legal consequence of BUMN bankruptcy is that a public confiscation is carried out, but first the BUMN must go through a process of paying state assets in accordance with Minister of Finance Regulation No. 50/PMK.06/2014 because BUMN goods are still considered state-owned goods.

국가적 이익의 관점에서 본 새만금지역 관할구역 결정

(1) There is a limit to the decision of maritime jurisdiction by the Constitutional Court. There is a problem of legislative formation in which the Constitutional Court determines the criteria for defining maritime jurisdiction, and it is difficult to prevent disputes in advance. And it has a fundamental limitation that the scope of the Constitutional Court's decision is limited to specific cases. Moreover, if the dispute is prolonged, the damage caused by it eventually falls to the residents. There are also limitations in the judgment of the judiciary on landfills. Its limitations are as pointed out in the text. Moreover, with our judicial system, which is resolved by case by case, it is not possible to comprehensively resolve the jurisdiction dispute in the Saemangeum area, which is likely to continue in the future. If so, judicial solutions that promote conflict and division should no longer be avoided. The profits of the Saemangeum project are not limited to one or several local governments due to the nature of the project. The profits from the Saemangeum project should be actively considered to return to the interests of the ours beyond the interests of the region and residents. (2) In order to solve the problem in the Saemangeum area, the measures proposed by the author through administrative integration or establishment of special local government can be much more economical and resident-friendly than individual jurisdiction over the newly established landfill. As a result, it can be a bright idea to connect with the national interest. The problem is the stakeholders of the present and the future. Above all, local politicians based on local politics will be the biggest obstacle. This is well illustrated by the past case of administrative integration. In the end, public opinion and residents' decision are important. If the relevant laws and regulations are well utilized, a referendum will be possible. Therefore, it is also proposed to introduce binding regulations in the Referendum Act or the Balanced Development of Autonomous Decentralization Act that prevent heads of organizations from making decisions against them on matters that have been referendum. (3) Currently, we have a serious problem of the times, the imbalance between the center and the region. The word ‘local extinction’ is no longer an unfamiliar word but a common noun in the present form. At this time, whether it is administrative integration or the establishment of a special local government, if a decision is made at the national level for the Saemangeum region, it will be an event that will mark a great milestone in Korea's administrative and local government history. I mention a few things to be particularly careful about in the debate. At the same time as the integration discussion, a discussion on the drastic transfer of state affairs should also be conducted. The success of administrative integration or special local governments depends on what duties they will perform. Therefore, in order for the Saemangeum region to enjoy both national and regional interests through administrative integration, the autonomy of major projects related to the Saemangeum region is transferred or delegated to the local government. Otherwise, the Saemangeum region is feared to become a large local government that only performs agency commissions under the direct control of another state. To ensure institutional security in this regard, it may be possible to consider enacting special laws such as the tentatively named ‘Act on Administrative Affairs performed in Saemangeum Area’ to transfer affairs to local governments or special local governments established in Saemangeum area. Of course, it is necessary to accelerate the development of office work that special local governments can carry out.

Permohonan Itsbat Nikah Untuk Perkawinan Kedua oleh Istri yang Bercerai di Luar Pengadilan Agama (Studi Kasus Padang Pariaman)

Divorces outside the court often occur, resulting in the marriage status remaining valid according to Indonesian positive law. This leads couples who wish to remarry to do so clandestinely and seek marital validation through the religious court. Therefore, the purpose of this research is to understand the process of resolving itsbat nikah petitions for second marriages by wives who divorced outside the court and the legal consequences for the parties from the rejection of itsbat nikah by the religious court. This research employs an empirical juridical method focusing on field realities related to applicable legal aspects. Data analysis is conducted qualitatively to depict the research subjects and objects, with theories developed from the acquired data. The research findings indicate that the itsbat nikah process begins with a petition to the pusbakum, revealing that the couple were single before their secret marriage in 2007. However, during the trial, it was revealed that the wife had legally married in the Office of Religious Affairs (KUA) in 2004 and divorced outside the court in the same year, resulting in the rejection of the itsbat nikah petition. Consequently, the wife's post-divorce iddah maintenance rights are lost, but the child's legal status remains recognized, in accordance with Constitutional Court Decision No. 46/PUU-VII/2010.

Legal review of the constitutional court decision number 135/PUU-XIII/2015 on the voting rights of people with mental disorders (ODGJ) reviewed from the foundation of positive law

People's participation as citizens in the implementation of government is the main requirement in filling positions. To be able to take part in elections, people must comply with the provisions that have been ratified by law. The KPU "General Election Commission" as the organizer of the democratic party gives the right to vote in elections to People with Mental Disorders (ODGJ). ODGJ are allowed to take part in the 2024 elections as stated in the decision of the MK "Constitutional Court". The aim of this research is to examine juridically "the decision of the Constitutional Court Number 135/PUU-XIII/2015 concerning the voting rights of People with Mental Disorders or ODGJ and the impact that may arise from the participation of ODGJ in taking part in the election". The author chose a normative juridical approach (Legislative Approach). The research carried out by the author used a normative juridical approach (Legislation Approach). The data used in this research uses secondary data, namely data or input sourced from literature and statutory regulations. For this type of research, the author applies qualitative descriptive research. Based on research results, the ruling "Constitutional Court Decision Number 135/PUU-XII/2015" states that people suffering from mental disorders can vote only if they do not experience permanent mental disorders that have prevented them from voting in general elections, according to mental health experts.. Based on this, there is disharmony between the decision of the constitutional court and positive law in Indonesia. Apart from that, the possible impact of ODGJ's participation in the election is the emergence of various frauds in the democratic party process.

Legal Morality of Constitutional Court Decision Number 90/PUU-XXI/2023 Based on Pancasila

Legal Morality of Constitutional Court Decision Number 90/PUU-XXI/2023 Based on Pancasila

Legal Protection and Rights of Indigenous Peoples: Legal Certainty in Managing Natural Resources

<p><em>Indigenous peoples possess traditional rights to natural resources within their territories, yet these rights are frequently overlooked or marginalized due to inadequate policies and regulations. This research aims to examine the legal protection of the Baduy tribe's rights in managing natural resources and to explore how legal certainty can be achieved in this regard. Utilizing a normative juridical approach, the study analyzes relevant laws and regulations pertaining to indigenous rights and state-provided legal protection. The findings reveal that the recognition and protection of customary law communities in Indonesia highlight the state's commitment to supporting social entities with autonomy over their lives. Despite the pressures of modern integration, indigenous peoples continue to uphold their identity, traditions, and customary rights. Legal acknowledgment of these rights is enshrined in the 1945 Constitution and various laws, including Law No. 5 of 1960 on Agrarian Affairs, Law No. 4 of 2009 on Mining, Law No. 41 of 1999 on Forestry, and Law No. 7 of 2004 on Water Resources. However, effective implementation is often hindered by regulations that do not adequately address customary rights. While Constitutional Court Decision No. 35 of 2012, which recognizes customary forests as belonging to indigenous communities, represents significant progress, challenges persist. The need for revisions to create more inclusive laws or regulations is pressing. For the Baduy tribe, Lebak Regency Regional Regulation (Perda) Number 32 of 2001 on the Protection of Ulayat Rights is a critical development. This regulation offers legal certainty and safeguards their traditional rights, including customary land and natural resources, and tackles issues like illegal logging and forest encroachment. By acknowledging local wisdom and customs, this regulation aims to preserve Baduy culture and enhance security and social stability in their area.</em></p>

A Comparative Study of Open Proportional System in 2019 and 2024 Election in Indonesia: A Case Study in Klaten Regency

This study aims to compare the implementation of the open proportional system election in the 2019 Election compared to the 2024 Election including policy changes and voter trends in the open proportional system and to analyze the Constitutional Court Decision Number 114/PUU-XX/2022, which confirms the use of an open proportional system in the 2024 General Election, affecting youth participation in running as legislative members. The research method used is a juridical-sociological approach, implemented in Klaten Regency, and described descriptively. Primary data were obtained through interviews with the Klaten Regency KPU and several youth who were running as legislative members, while secondary data were obtained through a review of relevant literature, including related books and laws. The results of the study show a significant increase in youth participation as legislative candidates. Factors contributing to this increase include the Constitutional Court Decision Number 114/PUU-XX/2022 itself, the use of social media, and the environment around the youth.

Eksistensi Container House sebagai Objek Jaminan Berdasarkan Hukum Jaminan di Indonesia

Container house is a building made of used containers hich is a movable object that can be modified into a house or residential place that is an immovable object. Therefore, if the owner of the Container house ants to collateralize the container it ill cause a gap between positive law and social facts related to hat collateral law ill be charged against the Container house. so the purpose of this study is to analyze the status of the container house in the perspective of existing laws in Indonesia and in the status of the container can the container house be used as a collateral object. The method used in this research is normative research method. The result of the research is that first, a container house is a movable object ith the characteristics of a physical building made from containers that does not require construction ork so it does not require a construction permit, can be transferred and has economic value. However, normatively, there are no laws and regulations governing it so that its ownership has no guarantee of legal certainty. Second, container houses can be charged ith fiduciary guarantees, so the execution of container houses is carried out in accordance ith Article 15 paragraph (2) of the UUJF if there is consent from the fiduciary. However, if the fiduciary grantor does not agree to surrender the object of the fiduciary guarantee, then the execution is carried out based on the Constitutional Court Decision Number 18/PUU/XVII/2019, namely through a court order.