Presidential Threshold in the Presidential Election from the Perspective of Constitutional Democracy and State of Law

Indonesia is a legal state, the state’s administration is based on the Constitution as the highest law. The constitutional rights of every citizen are guaranteed constitutionally in the 1945 Constitution of the Republic of Indonesia, as well as the right to run for president and vice president. Candidates for President and Vice President proposed by political parties or coalitions of political parties are constitutionally not regulated. The election law stipulates its requirements as an open law policy. Therefore, by using a normative juridical approach, it is necessary to examine the limits of the Presidential threshold as an open legal policy such as the principles contained in the 1945 Constitution of the Republic of Indonesia, namely democracy, human rights, the rule of law, and fair elections. The presidential threshold can be said to be against the principles of constitutional democracy because the constitution does not regulate it. The current election is held simultaneously, namely the legislative and presidential, and vice-presidential elections are held simultaneously. So, the Presidential threshold is no longer needed or should be removed. The results of the vote in the previous election were inappropriately used as the basis for Political Parties to nominate candidates for President and Vice President. Keywords: presidential threshold, presidential election, constitutional democracy, state la

Analisis Putusan No.39/Pid.B/2015/PN/Sit Dalam Perkara Tindak Pidana Pembalakan Liar Ditinjau Dari Aspek Keadilan

The Illegal logging is an organized illegal timber use activity. This crime is usually carried out by more than two people in a certain time for the purpose of destroying forests and selling wood products illegally. In Decision No.39/Pid.B/2015/PN.Sit the defendant Asyiani was dropped by a criminal witness of illegal logging thanks to a special criminal offense. Where the defendant has carried out illegal logging on Perhutani's land. The problem with this research is What is the basis for the judge's consideration in Decision No.39/Pid.B/2015/PN.Sit regarding the crime of illegal logging and How due to the law of Decision No.39/Pid.B/2015/PN.Sit about the crime of illegal logging is reviewed from the justice aspect. The research methods used are normative legal methods that use primary legal materials, secondary legal materials, tertiary legal materials and data analysis. The results of the study show less precisely the judge's consideration in the case against the defendant and the legal consequences reviewed from the aspect of pancasila justice were less appropriate because the defendant was given a probation sentence in which the criminal act of illegal logging was one special crime. The author's advice needs to be done with fair funding according to the crime committed by the defendant and this problem can be resolved by deliberatio

Kajian Yuridis Terhadap UU No.12 Tahun 2008 Tentang Perubahan Kedua Atas UU No.32 Tahun 2008 Mengenai Terbukanya Calon Perseorangan Dalam Pemilihan Kepala Daerah Secara Langsung

As follow-up of Decision Of Lawcourt Constitution of No.5/Puu-V/2007 about repeal to ruleof section 59 article 1 UU No.32 year 2004tersebut, hence invited UU N0. 12 Year 2008 aboutsecond Change of UU No.32 Year 2004, in section 56 sentence ( 2) “ Candidate couple as referredto [at] sentence ( 1) proposed by political party, aliance of paratai political, or civil fulfilling conditionsas provisions in this Code” and section 59 sentence ( 1)” Participant of election of regional leaderand regional leader proxy [is]: candidate a.pasangan proposed by political party or political partyaliance b. civil candidate couple supported by a number of people.Pursuant to result of research that arrangement of civil candidate in stock election of regionalleader directly in No.12 Year 2008 About second Change of UU No.32 Year 2004, there are someproblemss, like in rule of Section 59 Code of No. 12 Year 2008 requiring the existence of support 3-6,5 pursuant to amount of resident in every area., this condition enough weigh against, becausepercentage overrated the., the rule exactly become barrier to civil candidate to go forward in electionof regional leader ( Pilkada). Verification Evidence civil candidate support have to carefully dilakukakanand require old time, therefore require adequate energy and also the expense of which by dozens.[At] Regional Leader [relation/link] side of civil candidate ( if is chosen ) with DPRD, hence Regionalleader of civil candidate will get strong resistensi of DPRD, is so that needed by many politicalcompromise and accomodation. Thereby, civil candidate do not fully guarantee governance clean inculture governance of us. In is in perpective of society of[is existence of civil candidate will addalternative to leader candidate choice. Apparition of civil candidate of cours

Towards mobile learning deployment in higher learning institutions : a report on the qualitative inquiries conducted in four universities in Tanzania

Over the past two decades, mobile learning (m-learning) has been a purposeful area of research among educational technologists, educators and instructional designers whereby doubts and controversies over its relevancy and applicability have been keenly addressed. This paper explores stakeholders’ perceptions of m-learning deployment in Higher Learning Institutions (HLIs). Spe- cifically, we examine the potential of m-learning for HLIs in Tanzania and the challenges that hinder successful m-learning deployment. We adopt a comparative qualitative case study design in which four HLIs in Tanzania were purposefully selected. The study uses a combination of de- sign science research approach and qualitative methods including grounded theory, document re- views, and observation. The respondents included university lecturers, students and ICT experts, who were selected for the interviews through theoretical sampling. The transcripts were loaded, coded and analyzed in NVIVO software. The results indicate that mobiles (smartphone, tablets, laptops, feature-phones etc.) are widely used in the HLIs. Stakeholders perceive that m-learning deployment is important and useful because it improves the quality of the learning experience. The results further indicate that there are financial, pedagogical, technological, infrastructural, individuals – and policy – related challenges that hinder successful deployment of m-learning in HLIs in Tanzania, such as limited network coverage, some students ́ inability to afford mobiles, lack of qualified staff for preparation of mobile content and administration, gaps in the exist- ing policies, and faulty course design. However, our results show that participants are optimistic about the potential of m-learning in the HLIs of Tanzania. They expect that m-learning will im- prove access to learning resources, teacher-student and student-student interaction without being restricted by time or place. Thus, m-learning is considered to have the potential to address issues of crowded classrooms, expertise, access to learning materials, flexibility of the learners as well as remote connectivity.
 We recommend that HLIs should prioritize m-learning and commit resources to the success of the related projects. We also recommend that the governments and stakeholders provide policy interventions, subsidize mobile technologies, expand network coverage, build capacity within and outside HLIs, and improve digital literacy by integrating ICT education at all levels of education

PROSES IMPLEMENTASI TEKNOLOGI BARU, KONFLIK PERAN DAN GAYA KEPEMIMPINAN BERPENGARUH TERHADAP KINERJA KARYAWAN (Studi Kasus di PT Charoen Pokphand Indonesia Semarang)

The purpose of this research is to test the influences of leadership style and new technology implementation on role conflict to impact employee performance. Using these variables, the usage of these variables are able to solve the arising problem within officer Charoen Pokphand Semarang. Statement of this problem is how increase employee performance?. The samples size of this research is 135 officer Charoen Pokphand Semarang. Using the Structural Equation Modeling (SEM). The results show that leadership style and new technology implementation on role conflict to impact employee performance. The effect of leadership style on role conflict are significant; the effect of leadership style on employee performance are significant; the effect of new technology implementation on role conflict are significant; the effect of new technology implementation on employee performance are significant; the effect of job satisfaction on employee performance are significant

Tinjauan Yuridis Normatif Hubungan Kewenangan Kepala Daerah dengan Wakil Kepala Daerah dalam Penyelenggaraan Pemerintahan Daerah

TINJAUAN YURIDIS NORMATIF HUBUNGAN KEWENANGAN KEPALA DAERAH DENGAN WAKIL KEPALA DAERAH DALAM PENYELENGGARAAN PEMERINTAHAN DAERAHNormative Judicial Review Of Authorithy Relations Between The Head And The Vice Of The District In The Local Government AdministrationCatur Wido HaruniFakultas Hukum Universitas Muhammadiyah MalangEmail: [email protected] Authority Regional Head and Deputy Head of In Government. Constitutionally itsnt regulating the authority of the deputy head of the region. Law 5 In 1974, the deputy head of the regional nature helps the head area and what will be done by the deputy head of the region based on the guidelines for the provision of the Minister of the Interior. Of the provisions of Law No. 22, 1999, shows that the position of deputy head of the weak areas, the task of the deputy head of the region depends on the task given the head area, so that if the head of the region do not have recourse to his deputy, the deputy head of the region is not functional, on the other hand the deputy head of the region will report all duties the head of the region given the deputy head of the region is responsible to the head area. Article 26 paragraph (1) of Act 32 of 2004 junto Act N0.12 of 2008 on the Problem of Law, where the settings are very common tasks and division of labor in detail submitted to the agreement of both parties, or one of the parties in this case the head area. Perspective Position Deputy Head of Local Government System In, deputy head of the region should be eliminated, the position and function of the deputy regional head can actually be replaced by the regional secretary of the state apparatus is a career position. In addition to better understand the mechanism of action of government, regional secretary may represent the interests of the regional heads of executive power without the burden of political interests.Keywords: Authority, regional head and deputy head of the region, the Regional GovernmentABSTRAKPengaturan Kewenangan Kepala Daerah dan Wakil Kepala Daerah Dalam Pemerintahan. Secara konstitusional tidak mengatur kewenangan dari wakil kepala daerah. UU No. 5 Tahun 1974, wakil kepala daerah sifatnya membantu kepala daerah dan apa yang akan dilakukan oleh wakil kepala daerah berdasarkan pedoman ketentuan Menteri Dalam Negeri. Dari ketentuan UU No. 22 Tahun 1999, menunjukan bahwa posisi wakil kepala daerah lemah, tugas dari wakil kepala daerah tergantung dari tugas yang diberikan kepala daerah, sehingga jika kepala daerah tidak meminta bantuan kepada wakilnya maka wakil kepala daerah tidak fungsional, disisi lain wakil kepala daerah akan melaporkan semua tugasnya kepada kepala daerah mengingat wakil kepala daerah bertanggungjawab kepada kepala daerah. Pasal 26 ayat (1) UU 32 Tahun 2004 junto UU N0.12 Tahun 2008 tentang Problem Hukum, dimana pengaturan tugas yang sangat umum dan pembagian kerja secara terperinci diserahkan kepada kesepakatan kedua pihak, atau salah satu pihak dalam hal ini kepala daerah. Perspektif Kedudukan Wakil Kepala Daerah Dalam Sistem Pemerintahan Daerah, wakil kepala daerah sebaiknya ditiadakan, kedudukan dan fungsi wakil kepala daerah sebenarnya dapat digantikan oleh sekretaris daerah yang merupakan jabatan karier aparatur negara. Selain lebih memahami mekanisme kerja pemerintahan, sekretaris daerah dapat mewakili kepentingan kepala daerah dalam kekuasaan eksekutif tanpa beban kepentingan politik.Kata Kunci : Kewenangan, Kepala daerah dan wakil kepala daerah, Pemerintah Daera

Strengthening the Open Proportional Election System after the Constitutional Court Decision Number 114/PUU-XX/2022 from the Perspective of People's Sovereignty

The focus of this research is the open proportional election system after the Constitutional Court Decision Number 114/PUU-XX/2022. This study aimed to analyze the legal implications of Constitutional Court Decision Number 114/PUU-XX/2022 from the perspective of people’s sovereignty. Research methods with a normative approach were analyzed in a qualitative descriptive manner. The results showed that the basis for consideration of the decision of the Constitutional Court Number 114/PUU-XX/2022, as the Petitioners’ application is not grounded in law in its entirety. The Constitutional Court rejected the arguments presented considering its ruling, the Constitutional Court used textual interpretation or original intent and systematic interpretation. The Constitutional Court considered the open proportional election system closer to the concept of elections in the 1945 NRI Constitution. The constitution mandates consideration of the Constitutional Court is still very relevant, especially in terms of continuing to apply the open proportional system. The legal implications of the Constitutional Court decisions are legal certainties of election implementation, strengthening the open proportional election system, and increasing. Suggestions to ensure legal certainty, vote laws are not often changed, and changes to an electoral system are adjusted to the dynamics and needs of conducting elections, as well as the real needs of the community as holders of popular sovereignty Keywords: general elections, electoral system, people’s sovereignt

Study of Legal History: Traces of Setting Crimes Against the President in the Criminal Code

The regulation of crimes against state security in Chapter I Book II of the Criminal Code (KUHP), especially regarding crimes against the president (and or vice president) has undergone various interpretation efforts related to its meaning and urgency; hence it is necessary to use a legal history approach. Study the law to understand whether or not the regulations regarding crimes against the president (and or vice president) are relevant in the reform era. This normative juridical research examines the history of the regulation of crimes against the president (and or vice president) in Indonesia, using primary legal materials in the form of the Criminal Code contained in Law (UU) No. 1/1946 in conjunction with Law No. 73/1958 and secondary legal materials in the form of various literature related to the problems studied. By using a statutory approach and a historical approach, an assessment of the legal issues is carried out using the prescriptive analysis method and the content analysis method. Keywords: legal history, crimes against the President, criminal cod