Lex Journal : Kajian Hukum dan Keadilan

Implementation of the Election Supervisory Agency's (Bawaslu) Authority in Resolving Process Disputes in the 2024 Elections: A Case Study of Bawaslu East Lombok Regency

2025-03-11T01:08:49+07:00

This study aims to determine the implementation of the authority of the East Lombok Regency Election Supervisory Agency (Bawaslu) in resolving process disputes in the 2024 Election and the obstacles faced by the East Lombok Regency Bawaslu in resolving election process disputes. This research was conducted juridically and empirically. The approach taken is a statutory approach and a legal sociological approach. Based on the results of the research it is concluded: First, Bawaslu of East Lombok Regency has exercised its authority in receiving, examining, mediating or adjudicating, and deciding the settlement of disputes over the electoral process in the district/city by Law Number 7 of 2017 concerning General Elections and Regulation of the General Election Supervisory Board of the Republic of Indonesia Number 9 of 2022 concerning Procedures for Resolving General Election Process Disputes. However, because this institution holds two functions, the author feels that the settlement of disputes over the electoral process carried out by the Bawaslu East Lombok Regency is not optimal. Second, the obstacles faced by Bawaslu of East Lombok Regency in resolving disputes over the electoral process are: a. When submitting a dispute application, the applicant applies on the last day of the deadline for applying; b. The completion time for giving a decision is too short; c. Absence of the Applicant and Respondent Parties; d. Lack of human resources because not all commissioners have the authority to submit the dispute; e. lack of budget to prepare the administration of dispute resolution. The author suggests that Bawaslu of East Lombok Regency in exercising the authority to receive, examine, mediate, or adjudicate, and decide on the settlement of disputes over the election process must be by the applicable laws and regulations and must be carried out optimally. Improve the quality of human resources by holding mediation and adjudication training regularly to support the process of enforcing dispute resolution processes properly. In addition, the East Lombok Regency Bawaslu also submitted an additional budget to the Central Government through the Provincial Bawaslu.

Juridical Review of Legal Protection for Teachers in Carrying out Obligations to Discipline Students

2025-03-16T13:24:57+07:00

The rise of various cases against teachers in carrying out their professional duties is proof that the legal protection of the teaching profession has not been running properly or as it should be. This study aims to understand, explain, and analyze the legal protection for teachers in carrying out their duties to discipline students. This research uses a normative legal research method. This study concludes that legal protection for teachers is one of the efforts to fulfill their rights, as mandated in Law No. 14 of 2005 on Teachers and Lecturers, Article 14. In the administration of education, the government has essentially made efforts to provide legal protection for teachers and other education personnel. However, these efforts are sometimes still inadequate and weak in their implementation. Teachers must perform their duties according to human rights principles (HAM). Teachers can discipline students firmly while still respecting human rights values, creating a positive learning environment, and shaping students' character without violating their fundamental rights. Several laws, such as Law No. 39 of 1999 on Human Rights, and Article 28B, paragraph (2) of the 1945 Constitution of the Republic of Indonesia, regulate the protection of students from the national legal perspective. The number of cases affecting teachers while carrying out their professional duties indicates that legal protection for the teaching profession has not been well implemented or as it should be.

Pancasila as a Legal Pillar in Ensuring Human Rights Protection

2025-03-17T11:21:28+07:00

This study aims to examine the role of Pancasila as a legal pillar in ensuring the protection of human rights in Indonesia, especially after the amendment of the 1945 Constitution (UUD 1945) in 1999-2002. The main focus of this research is to identify how the values of Pancasila can be applied in the context of the rule of law to protect the basic rights of every individual and how Pancasila functions as the basis of the state in respecting human rights, as well as how the amendments to the 1945 Constitution strengthen the sovereignty of the people and the protection of these basic rights. This research uses normative legal research methods by analyzing constitutional texts, laws, and other scientific literature. The discussion covers the relationship between Pancasila, popular sovereignty, the rule of law, and human rights, as well as the implementation of Pancasila principles in Indonesian legal policy. The conclusion of this study shows that Pancasila still plays an important role as the main foundation in realizing a rule of law that focuses on the protection of human rights and people's sovereignty, as well as guidelines in the development of a fair and democratic legal system.