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

Ema Puspitasari, M. Galang Asmara, Chrisdianto Eko Purnomo — Mon, 10 Mar 2025 21:57:10 +0700

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

Juniar Iswathoni, RR. Cahyowati, Rachman Maulana Kafrawi — Sun, 16 Mar 2025 13:24:53 +0700

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

Joice Soraya, Shohib Muslim — Sun, 16 Mar 2025 20:57:48 +0700

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.

Comparison of the Habeas Corpus System in England and Indonesia: Its Authority and Regulation

Dedi Wardana Nasoetion, Hartoyo, Noenik Soekorini — Sat, 22 Mar 2025 09:27:22 +0700

Pretrial here is seen to have been understood differently from the purpose or function of Habeas Corpus, which is to protect and safeguard the rights of citizens against abuse of authority of the authorities (in this case criminal law enforcers). This research aims to examine the authority of pre-trial according to the Indonesian Criminal Procedure Code and compare the concept and regulation of Habeas Corpus in the English judicial system with pre-trial in Indonesia. The method used in this research is normative juridical, with statutory, conceptual, and comparative approaches. The results show that the authority of pretrial judges by the provisions in Law Number 8 of 1981 concerning Criminal Procedure Law is the validity or not of arrest, detention, termination of investigation or termination of prosecution; determination of suspects; seizure and search; and compensation and or rehabilitation for a person whose criminal case is stopped at the level of investigation or prosecution. The existence and presence of pretrial is not a separate institution. Pretrial is only a new authority and function delegated by KUHAP to each District Court (PN).

Crime Prevention through Environmental Design from a Legal Perspective in Indonesia

Suntarajaya Kwangtama Tekayadi, Febrian Rizki Pratama, Muh. Zafri Ramadhan — Mon, 24 Mar 2025 22:30:40 +0700

This study aims to analyze crime prevention through an environmental design approach in crime prevention policy in Indonesia and to analyze weaknesses in crime prevention through an environmental design approach in suppressing the crime rate in Indonesia. Crime prevention through environmental design is related to interaction between humans and the physical environment. Efforts to control behavior through design and use are as old as civilization. Crime Prevention through Environmental Design (CPTED) is based on the idea that appropriate design, natural access control, and effective use of the built environment can reduce the incidence and fear of crime, by using normative legal research methods. The results of this study indicate Crime prevention through environmental design approach in crime prevention policy in Indonesia, Indonesia has never used CPTED concept in crime prevention policy in Indonesia, CPTED concept is a crime prevention concept that is not familiar in Indonesia. However, in Indonesia, the concept of a Secure Guard Area is a concept that offers an area with a crime prevention mechanism that is fully handed over to security officers. Crime prevention in the concept of security officers must have the ability to control territorial areas, the ability to carry out supervision, must be able to have the ability to describe a good environmental image, so that officers can provide comfort and security for the areas under their duties.

Legal Protection for Parties with Good Faith in the Amendment of Farmland Production Sharing Agreement (Study in Mujur Village, East Praya Sub-district, Central Lombok District)

Panji Hasbian, Djumardin, Diangsa Wagian — Tue, 01 Apr 2025 23:06:34 +0700

This study examines legal protection for parties acting in good faith to amend farmland production sharing agreements, with a case study in Mujur Village, East Praya Sub-district, Central Lombok District. In practice, it was found that the tenant farmer unilaterally and secretly altered the original profit-sharing agreement into a lease agreement without the landowner’s knowledge, resulting in injustice and legal violations. The research employs a normative-empirical legal method with a conceptual and statutory approach, referring to Law Number 2 of 1960 concerning Production Sharing Agreements. The findings reveal that Indonesian positive law regulates the requirements and mechanisms for valid production sharing contracts and provides two types of legal protection for aggrieved parties: preventive and repressive legal protection. These legal protections aim to uphold justice, legal certainty, and a balanced relationship of rights and obligations between landowners and tenant farmers. Therefore, any amendment to an agreement must be conducted lawfully and with mutual good faith, as stipulated in Articles 1338 and 1320 of the Indonesian Civil Code.

Review Aspects and Tools for Formal Review of Legislation under the Law by the Supreme Court

Muhammad Adiguna Bimasakti, M. Galang Asmara, Khairul Umam — Tue, 08 Apr 2025 00:08:10 +0700

This study examines the aspects of judicial review and its touchstone in the formal evaluation of regulations below the law by the Supreme Court, which has not been explicitly regulated. The judicial review of rules below the law is governed by Supreme Court Regulation No. 1 of 2011, which focuses solely on Material Review. This study employs a legal-normative method utilizing conceptual, statutory, historical, and comparative approaches. Theoretically, a formal review includes aspects of power and the procedure for regulation-forming. However, in the current Indonesian legal system, only the procedural aspect is regulated, while the power aspect remains unclear. Ideally, the regulation of the power-aspect review should be incorporated into the Supreme Court Law. Regarding touch-stone, Article 24A of the 1945 Constitution, Article 9 (2) of Law No. 12 of 2011, and Article 26 of Law No. 48 of 2009 designate laws as the touch-stone, whereas the Supreme Court Law and Supreme Court Regulation No. 1 of 2011 use higher-level regulations as the touch-stone. Ideally, only laws should be used as touchstones by the hierarchy of norms. The principles in Articles 5 and 6 of Law No. 12 of 2011 can also serve as the basis for reviewing power and procedural formation, offering greater flexibility and development through case law.