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1

Siboy, Ahmad. "Constitutionality of constitutional settlement of disputes for the election of local heads." Jurnal Cakrawala Hukum 13, no. 2 (2022): 117–27. http://dx.doi.org/10.26905/idjch.v13i2.6457.

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The authority to adjudicate disputes over the results of regional head elections continues to experience a shift in the judiciary. The delegation of authority to judge to the courts caused a polemic when the Pilkada was returned to the electoral regime, considering that the handover of auto power he the Special Courts Agency was based on the Constitutional Court's decision that the Regional Head Elections was a not General Election regime but the Regional Head Election regime. The purpose of this study is to describe the dynamics and the basis for the constitutionality of the authority to try
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2

Al-Fatih, Sholahuddin, and Asrul Ibrahim Nur. "Does the Constitutional Court on Local Election Responsive Decisions ?" Journal of Human Rights, Culture and Legal System 3, no. 3 (2023): 569–96. http://dx.doi.org/10.53955/jhcls.v3i3.74.

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The dynamism of the implementation of general elections in Indonesia is directly related to the legal products that regulate them. In this case, legal politics that continue to change legal products can further complicate the systems, mechanisms, and behavior of general election organizers and participants, and make them vulnerable to future general election disputes. This article aims to explain how the legal politics of the Constitutional Court's decision regarding the Regional General Election Law influences changes to the Regional Head Election Law, as well as its responsiveness to regiona
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3

Ali, M. Mahrus, Irfan Nur Rachman, Winda Wijayanti, Rio Tri Juli Putranto, Titis Anindyajati, and Putria Gusti Asih. "Tafsir Konstitusional Pelanggaran Pemilukada yang Bersifat Sistematis, Terstruktur dan Masif." Jurnal Konstitusi 9, no. 1 (2016): 189. http://dx.doi.org/10.31078/jk918.

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The Constitutional Court has created a legal breakthrough in handling the local head election dispute, in order to uphold the democracy and break away from habitual practice of systematic, structured, and massive (STM) violations. The Court does not simply calculate the results of vote count but also have to seek the justice and prosecute results counting rate that were disputed. As the juridical normative research, the research uses a statutory, case, historical approach and the sociology of law. The research shows that throughout 2008-2011 Court has granted the dispute for as many as thirty-
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4

Wahanisa, Rofi, Dwi Lestari, Malik Akbar Mulki Rahman, and Fadhilah Rizky Aftriani Putri. "How Do Villagers Solve Their Legal Problems? A Study of District Court (Peradilan Desa) for Dispute Settlement Process." Indonesian Journal of Advocacy and Legal Services 3, no. 2 (2021): 233–44. http://dx.doi.org/10.15294/ijals.v3i2.45843.

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This study aims to provide another alternative in resolving conflicts in Lerep Village which is called the District Court (Peradilan Desa). The village court aims to help resolve conflict problems in Lerep Village so that there is no accumulation of cases in the surrounding District Courts. Village justice is carried out by familial mediation between the person in dispute with the head of the local hamlet and the village head. The decisions given are in the form of suggestions from the hamlet head and village head which are not binding. District justice (Peradilan Desa) is a win-win solution t
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5

Adnan, Hasyim. "Implementasi Pemberhentian Kepala Daerah Di Provinsi Jawa Barat Antara Tahun 2014-2021 Dalam Sistem Pemerintahan Daerah." Al-Adl : Jurnal Hukum 15, no. 1 (2023): 87. http://dx.doi.org/10.31602/al-adl.v15i1.9014.

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Direct election of regional heads allows prospective regional heads to compete directly to become regional heads in local government. The regional government has implemented local democracy if the regional government has held regional head elections. Regional heads can stop or be dismissed according to the provisions of the laws and regulations concerning the Regional Government. Dismissal of regional heads between 2014-2021 in West Java Province, including in the areas of Karawang Regency, Bogor Regency, Sumedang Regency, Cimahi City, Bekasi Regency, Cianjur Regency, Subang Regency, West Band
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6

Sugianto. "Democracy Establishment on Regional Head Election Observed from the Constitutional Law Perspective in Indonesia." Journal of Social and Development Sciences 7, no. 3 (2016): 42–49. http://dx.doi.org/10.22610/jsds.v7i3.1409.

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The amendment of the 1945 Constitution had opened space for democratic realization process at local level. In Article 18 paragraph (4) mentioned that governors, regents and mayors respectively as the heads of provincial, regency and municipal elected democratically. The local elections were carried out simultaneously by the people show democratic electoral system embodiment. To analyze the phenomena, this study uses a qualitative method, which the data source derived from primary and secondary data. Primary data is data obtained from observations in field, while secondary data obtained from li
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7

Ulum, Muhammad Bahrul. "HOW DEMOCRACY IS ELECTION? REASSESSING ARTICLE 18 (4) OF THE 1945 CONSTITUTION AND ITS IMPLICATION TO THE REGIONAL HEAD ELECTION IN INDONESIA." Jurnal Hukum dan Peradilan 8, no. 2 (2019): 315. http://dx.doi.org/10.25216/jhp.8.2.2019.315-332.

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This paper aims to reassess the term “elected democratically” in Article 18 (4) of Indonesia’s revised 1945 Constitution which resulted in the competing interpretation over the appropriate method for selecting heads of regional governments in Indonesia. In fact, the flexibility of such a term was challenged and negotiated to formulate an appropriate mechanism to select heads of regional governments. In 2004, the Constitutional Court concluded that the legislative body was the ultimate institution to interpret “elected democratically” so that this institution can opt whether a regional head ele
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8

Hoekstra, Valerie J. "The Supreme Court and Local Public Opinion." American Political Science Review 94, no. 1 (2000): 89–100. http://dx.doi.org/10.2307/2586382.

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Most research suggests that the mass public knows very little about the Supreme Court and, consequently, that decisions do not affect attitudes toward the Court. I argue that where there is sufficient access to information about Court cases and when the issues are perceived as important, people pay attention and use this information in their evaluation of the Court. The research is based on a series of two-wave panel studies that examine the effect of Supreme Court cases in the local communities where the controversies began. The results show that a substantial number of residents heard about
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9

Agustin, Shelia Ristiana, and Made Warka. "PENERAPAN PUTUSAN PTUN TERHADAP PEMBERHENTIAN PERANGKAT DESA DITINJAU DARI UNDANG-UNDANG NOMOR 6 TAHUN 2014." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 3 (2022): 1015–27. http://dx.doi.org/10.53363/bureau.v2i3.79.

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State administrative courts are the courts that have the ability to hear cases that have the authority or competence, such as relative competence and absolute competence. These courts have the jurisdiction to hear matters that have the authority or competence. The ability of a court to hear a matter in accordance with the scope of its jurisdiction is referred to as its "relative competence." Absolute competence refers to the capacity of a court to render a verdict in a case on the basis of the object, material, or subject at issue in the litigation. In this way, the village will be one of the
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10

MacDonnell, Timothy. "The Supreme Court During COVID-19: Keeping Its Head When Those About it Were Losing Theirs." South Dakota Law Review 70, no. 1 (2025): 61. https://doi.org/10.70657/sdlr.v70.i1.61.

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Alexander Hamilton's Federalist No. 78 suggests that one of the reasons for a life-tenured judiciary whose pay cannot be altered is because "judges may be an essential safeguard against the effects of occasional ill humours in the society." Our Nation's history is replete with instances of ill humor leading to violations of constitutional rights. Wars, epidemics, natural disasters, civil unrest, and economic crises all demand governments to act and act swiftly. But courts, and particularly the United States Supreme Court, are necessary to check governments when they go too far in contending wi
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11

Nazriyah, R. "Calon Tunggal dalam Pilkada Serentak Tahun 2015 terhadap Putusan Mahkamah Konstitusi No 100/PUU-XIII/2015." Jurnal Konstitusi 13, no. 2 (2016): 379. http://dx.doi.org/10.31078/jk1327.

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The phenomenon of a pair-single candidate threatens delays in the implementation of simultaneous Regional Head Elections in some districts until 2017. Although the Commission extends the registration period of candidates to avoid the delay of elections simultaneously, there are still some districts that have a single candidate. The law on elections has not set the provisions definitely regarding what should be done if there is the phenomenon of a single candidate. Finally the parties who feel aggrieved the rights had filed a judicial election law to the Constitutional Court (MK) to find soluti
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12

Harahap, Herman. "The Formation of Special Electoral Court Institution: Between Democratization of Regional Head Elections and Institutional Issues." International Journal of Economic, Technology and Social Sciences (Injects) 3, no. 2 (2023): 399–407. http://dx.doi.org/10.53695/injects.v3i2.868.

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The separation between the patterns of resolving election disputes and the separation of institutions for resolving election disputes will ultimately lead to potential legal uncertainty, prolonged settlement, and even dualism of election dispute resolution institutions. Therefore, a more integrative approach is needed in resolving election disputes which includes the idea of forming a special electoral court institution. However, the discourse on the formation of a special electoral court institution requires further discussion regarding the position of the intended special judicial institutio
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13

Son, Sangsik. "State Involvement in local governments under the Local Autonomy Act and the Constitutional limitations." European Constitutional Law Association 47 (April 30, 2025): 243–77. https://doi.org/10.21592/eucj.2025.47.243.

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The National Assembly seems to be consistent with the spirit of local autonomy by setting up a system that allows local governments to control illegal business processing on their own, leaving room for control such as supervision and audit by external agencies such as the state as the last bastion. In the case of compensating for areas that cannot be resolved or insufficient by self-control alone, a control system by external agencies such as the state should be established. Even within this control system, the exercise of direct control by the state, especially over local governments, should
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14

Antara, I. Wayan Eka, Anak Agung Sagung Laksmi Dewi, and I. Made Minggu Widyantara. "Problematika Kejurusitaan dalam Menangani Perkara Pada Kantor Pengadilan Agama Kabupaten Bangli." Jurnal Preferensi Hukum 5, no. 2 (2024): 177–82. http://dx.doi.org/10.22225/jph.5.2.8078.177-182.

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The legal system in Indonesia is based on colonial, ethnic and religious law. This regulation forms the basis for all court decisions, including general courts, state administrative courts, and religious courts. As for the problems: 1) How is the process for implementing jurors based on article 103 of the Republic of Indonesia Law Number 7 of 1989 concerning Religious Courts at the Bangli Regency Religious Court office? 2) What are the inhibiting factors for adversity in handling cases at the Bangli Regency Religious Court office? The purpose of this study is to understand the implementation o
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15

Aminah, Siti. "MEKANISME PEMBERHENTIAN KEPALA DAERAH BERDASARKAN PASAL 83 AYAT (1) UNDANG-UNDANG NOMOR 23 TAHUN 2014 TENTANG PEMERINTAHAN DAERAH." Jurnal Wacana Hukum 24, no. 2 (2019): 29. http://dx.doi.org/10.33061/1.jwh.2018.24.2.2715.

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AbstractThe mechanism for removing The Head of local goverment from the Office based on Article 83 Subsection (1) of Law Number 23 Year 2014 on local Government begins with the status of a head of local goverment being charged with criminal offense, followed by temporary removal from his/her office based on a register at a Court. It is also found that the officer in charge of removing a Head of local goverment is the President for an offending Governor and a Minister for an offending Regent or Mayor, without the need for a consultation with the local House of Representatives. Meanwhile, the le
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16

Saparuli, Saparuli, and Punta Yoga. "REGIONAL HEAD OFFICIAL APPOINTMENT MECHANISM DURING THE CONDITIONAL REGIONAL HEAD ELECTION TRANSITION PERIOD." HERMENEUTIKA : Jurnal Ilmu Hukum 7, no. 1 (2023): 1. http://dx.doi.org/10.33603/hermeneutika.v6i3.8322.

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After the Decision of the Constitutional Court Number 14/PUU-XI/2013, ordered the General Election and Pilkada to be carried out simultaneously. since then simultaneous regional elections nationally and all aspects of its implementation have begun to be established in stages, based on Article 201 of Law no. 10 of 2016 will be implemented in 2024. This is the basis for legitimacy for the central government to appoint acting regional heads in taking control of local government. As a consequence of the implementation of the simultaneous local elections in 2024, there will be a vacancy in the post
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17

Yulida, Devi, and Rina Talisa. "The Executory Authority of Constitutional Court Decisions in the 2024 Local Head Election." Acta Law Journal 3, no. 1 (2024): 25–36. https://doi.org/10.32734/alj.v3i1.18967.

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Indonesia views Local Head Elections as a vital expression of people's sovereignty in its democratic system. The Constitutional Court ensures the fairness of democracy through rulings on these elections. This study examines the executory authority of the Constitutional Court's decisions regarding Local Head Elections in 2024, focusing on Decisions No. 60/PUU-XXII/2024, 70/PUU-XXII/2024, and 126/PUU-XXII/2024. Using a normative legal approach, the research analyzes laws and concepts related to these elections, with data qualitatively analyzed and presented narratively. The findings highlight th
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18

Kazantseva, O. L. "LEGAL POSITIONS OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION IN THE SPHERE OF LEGAL RESPONSIBILITY OF LOCAL SELF-GOVERNMENT BODIES AND THEIR OFFICIALS." Russian-Asian Legal Journal, no. 1 (February 25, 2022): 24–30. http://dx.doi.org/10.14258/ralj(2022)1.3.

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The scientific article analyzes the legal positions of the Constitutional Court of the Russian Federationin the field of legal responsibility of local governments and their officials, notes the important role of theConstitutional Court of the Russian Federation as the highest body of constitutional justice and its influenceon the legal framework in the field of local government, including legal liability of bodies and officials oflocal self-government. Particular attention is drawn to the legal positions in which the Constitutional Courtof the Russian Federation analyzes the concepts of “local
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19

Anshori, Sutiyono, and Ependi. "The Role of Village Heads in Resolving Minor Criminal Cases (Study of Resolving Minor Criminal Cases in Trosono Village with a Restorative Justice Approach)." Al-Jinayah : Jurnal Hukum Pidana Islam 10, no. 2 (2024): 262–77. https://doi.org/10.15642/aj.2024.10.2.262-277.

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Abstract This study aims to analyze the role of village heads in resolving minor criminal cases through a restorative justice approach in Trosono Village. This empirical juridical research focuses on how village heads, as local leaders, mediate conflicts, prioritize deliberation, and maintain social harmony. Data were collected through in-depth interviews, observations, and document reviews, with qualitative-descriptive analysis methods. The findings reveal that the village head plays a central role in facilitating dialogue between disputing parties to reach fair agreements without resorting t
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20

Tanjung, Muhammad Anwar, and Retno Saraswati. "CALON TUNGGAL PILKADA KURANGI KUALITAS DEMOKRASI." Jurnal Yudisial 12, no. 3 (2020): 269. http://dx.doi.org/10.29123/jy.v12i3.319.

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ABSTRAKSecara filosofis pemilihan kepala daerah merupakan pelaksanaan kedaulatan rakyat untuk dipilih dan memilih dalam suatu proses pemilihan yang berlangsung secara demokratis. Faktanya terjadi peningkatan jumlah daerah yang melaksanakan pemilihan kepala daerah dengan calon tunggal. Penelitian ini membahas calon tunggal dalam pemilihan kepala daerah berdasarkan pada Putusan Mahkamah Konstitusi Nomor 100/PUU-XIII/2015. Menurut peneliti putusan Mahkamah Konstitusi perlu disikapi oleh pemangku kepentingan yang terlibat untuk tetap menjaga proses pemilihan ini berlangsung secara demokratis. Pene
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21

Fauziyah, Fauziyah, and I. Wayan Parsa. "The Concept of Special Judicial Institutions in Dispute Resolution of Village Heads In Indonesia." Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 9, no. 4 (2020): 673. http://dx.doi.org/10.24843/jmhu.2020.v09.i04.p01.

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The idea of village head dispute resolution through the Special Judicial Institution began with anxiety over Law 6 of 2014 concerning Villages, Government Regulation number 6 of 2014 concerning Implementation of Village Laws, and Minister of Home Affairs Regulation No. 112 of 2014 concerning Guidelines for Election of Village Heads, which has not yet regulated the village head election supervisory institutions and dispute resolution institutions for village head elections. The institutions that are required to complete based on these rules are Regents with a period of 30 days. Regents are poli
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22

Huda, Miftakhul. "Pola Pelanggaran Pemilukada dan Perluasan Keadilan Substantif." Jurnal Konstitusi 8, no. 2 (2016): 113. http://dx.doi.org/10.31078/jk826.

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The pattern of direct elections of regional head and the Constitutional Court practices in adjudicate disputes local elections have been developed rapidly. Some of violations color the elections of regional head. They were the mobilization and partiality of Civil Servants, abuse of office, facilities, and state budget by the incumbent candidate, and the practice of money politics. The systematic, structured as well as massive violations generally results reelected vote with a final decision or interlocutory preceded. More than that, various violations of further stages of the General Election
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23

Naharuddin, Naharuddin, and Imran Imran. "Deregulating the Nomination Threshold for Regional Head Elections and Local Oligarchy." Amsir Law Journal 6, no. 1 (2024): 56–67. http://dx.doi.org/10.36746/alj.v6i1.588.

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In the midst of political deadlock due to cartel and oligarchic practices, the Constitutional Court then made a breakthrough with the passing of Decision No. 60/PUU-XXII/2024 which changed the nomination threshold formula from a percentage of seats to a range of 6.5% to 10% adjusted to the number of Permanent Voter Lists in an electoral district. The breakthrough of the Constitutional Court made democracy in the regions return to bagkit, someone who used to have difficulty can now appear easily. The purpose of this article is to explain the regulative obstacles to the development of democratic
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24

Honchar, O. O. "European experience in the selection of judges of constitutional jurisdiction bodies." Analytical and Comparative Jurisprudence 1, no. 3 (2025): 112–23. https://doi.org/10.24144/2788-6018.2025.03.1.15.

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The article provides a comparative legal analysis of the formation of constitutional jurisdiction bodies in European countries, procedures for selecting their members, and the requirements for candidates aspiring to be constitutional court judges. Research indicates that European countries implement both American and European models of constitutional review. The only notable exception is the Kingdom of the Netherlands, which lacks a body of constitutional jurisdiction due to constitutional prohibitions against reviewing laws for compliance with the Constitution and assessing constitutional adh
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25

Chandra, Ratih Listyana. "Local Governments’ Head Election in Indonesia: A Proposal for Asymmetric Model." Jurnal Kajian Pembaruan Hukum 3, no. 1 (2023): 27. http://dx.doi.org/10.19184/jkph.v3i1.31190.

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Indonesia has experienced the dynamics of the law on the local governments' head elections. Various mechanisms have been implemented to obtain the ideal model for filling executive positions at the local level. Unfortunately, the government efforts have yet to deliver optimal results. The irregularity of the legal dynamics also eventually caused various Government instability to corruption, post-electoral conflicts, and the high number of disputes over the local election results to the Constitutional Court is evidence of the imperfection of the mechanism adopted by the government. Furthermore,
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26

Je, Cheolung. "How to Improve the Function of State Parent and Problem-Solving by Family Court: Focused on so-called Protective Cases." Korean Society Of Family Law 36, no. 3 (2022): 59–100. http://dx.doi.org/10.31998/ksfl.2022.36.3.59.

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In the 21{st} century, juvenile crimes, delinquencies, and domestic violences have much more attracted social attention, which cannot be separated from the changed social environment, where, on the one hand, the traditional ‘head of family’ system not only as a social entity, but also as a legal system has eventually been abolished in 2005, and where, on the other hand, the conflict between traditional and new value system has arisen as the ideology of democracy, equality, and respect to human rights has rapidly entered the Korean society since the end of 20ᵗʰ century. In other words, the trad
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27

Lasmadi, Sahuri. "Issuance of a Search Warrant for Narcotics Crime in Indonesia." LAW REFORM 16, no. 1 (2020): 45–57. http://dx.doi.org/10.14710/lr.v16i1.30304.

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Concerning narcotics crime in Indonesia in addition to the Police Investigator, the National Narcotics Agency (BNN) also has the authority to conduct investigations and investigations. Search is part of the investigation process, but is often constrained by a search warrant. The research method used is a normative legal research method. This method uses a statutory approach and a conceptual approach. This research puts forward secondary data in the form of binding legal material such as Law Number 35 of 2009 concerning Narcotics (Narcotics Law), books and other legal research journals. The res
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28

Septiana Dewi, Eka, Bambang Santoso, and Mulyanto Mulyanto. "Legal Implications of Inaccurate Petitum in Land Registration (Study of Donggala District Court Decision Number: 7/PDT.G/2020/PN.DGL)." Law Development Journal 7, no. 1 (2025): 82. https://doi.org/10.30659/ldj.7.1.82-96.

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Land registration is mandated by law to provide legal certainty. Likewise, Registration is mandatory for the transfer of land ownership rights resulting from a sale and purchase agreement since the enactment of the UUPA; Customary law historically governed land sales and purchases, and it serves as the foundation for the national agrarian law system, namely the existence of precise, cash, and actual conditions. The consequence of not fulfilling the precise conditions in the Donggala District Court Decision No: 7 / Pdt.G / 2020 / PN.Dgl is that buyers have difficulty registering their land righ
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29

Ansori, Ansori. "Legalitas Hukum Komisi Pemilihan Umum Daerah dalam Menyelenggarakan Pilkada." Jurnal Konstitusi 14, no. 3 (2018): 553. http://dx.doi.org/10.31078/jk1435.

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Penelitian ini membahas legalitas hukum Komisi Pemilihan Umum Daerah (KPUD) dalam menyelenggarakan pemilihan kepala daerah pasca putusan Mahkamah Konstitusi Nomor 97/PUU-XI/2013. Penelitian ini bertujuan untuk menganalisis dan memahami legalisasi pengaturan kedudukan hukum KPUD dalam penyelenggaraan Pilkada pasca putusan MK Nomor 97/PUU-XI/2013. Jenis penelitian yang digunakan adalah yuridis-normatif, dengan teori lembaga negara, hierarki, kewenangan, keabsahan hukum, dan tujuan hukum. Hasil penelitian yang diperoleh adalah bahwa legalitas kedudukan hukum KPUD dalam penyelenggaraan Pilkada pas
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30

Rezah, Farah Syah, and Andi Tenri Sapada. "Implications of Constitutional Court Decision Number 85/PUU-XX/2022 for the Dispute Resolution of Regional Head Election Results." SIGn Jurnal Hukum 6, no. 2 (2024): 233–46. https://doi.org/10.37276/sjh.v6i2.383.

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This study aims to analyze the juridical implications of Decision Number 85/PUU-XX/2022 for the dispute resolution of Regional Head Election results in Indonesia and examine the position and authority of the Constitutional Court following the decision. This research employs a normative legal research method with statutory and conceptual approaches. The analytical techniques used are qualitative-descriptive and interpretative analysis techniques to examine and interpret legislation, Constitutional Court decisions, and relevant legal literature. The results show that Decision Number 85/PUU-XX/20
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31

Pivovar, I. V. "Judicial self-government in Ukraine." TRANSFORMATION LEGISLATION OF UKRAINE IN MODERN CONDITIONS DOCTRINAL APPROACHES AND MEASUREMENTS, no. 14 (September 1, 2023): 309–13. http://dx.doi.org/10.33663/2524-017x-2023-14-309-313.

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This article is devoted to the study of judges in Ukraine, the order of their employment in administrative positions. Being a judge of the relevant court is not only a profession, it is an observance of the rules of conduct that must be observed every day both in one’s work and in one’s personal life. The judicial profession differs from other professions, a judge must be guided only by procedural law. Also, when administering justice, a judge cannot depend on the legislative and executive bodies as a whole. It will be appropriate to consider the issue of a judge in an administrative position.
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32

hipan, marno m., and moh akli suong. "Problematika Terhadap Kewenangan Menteri Dalam Negeri Dalam Pembatalan Peraturan Daerah." Jurnal Media Hukum 12, no. 1 (2024): 42–54. http://dx.doi.org/10.59414/jmh.v12i1.643.

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The purpose of this research is to examine and analyze how the mechanism for the formation and cancellation of local regulations. This research includes juridical-normative research using a statutory approach, which is an approach taken to examine laws and regulations and a conceptual approach. The results of this study show that the formation of regional regulations is formed based on the attribution authority given directly by the 1945 Constitution to the Regional Head together with the Regional People's Representative Council to form regional regulations. The role of regional regulations is
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33

Siboy, Ahmad, and Ahmad Bastomi. "Does the Cancellation Victory Foreign Nationals in Local Democracy: Evidence from United Kingdom." Journal of Human Rights, Culture and Legal System 4, no. 1 (2024): 27–53. http://dx.doi.org/10.53955/jhcls.v4i1.166.

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The main requirement to become a regional head candidate is to be an Indonesian citizen. In the 2020 Pilkada, it was found that a foreign citizen won the Regional Head Election. This certainly raises a legal dilemma or polemic regarding the inauguration process. Whether the person concerned can be inaugurated as regional head or canceled. The formulation of the problem raised in this research is about the legal implications of the victory of foreigners in the Regional Head Election and the legal construction of the cancellation of the inauguration. This research is normative juridical research
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34

Tanjung, Muhammad Anwar Tanjung, Retno Saraswati, and Lita Tyesta A.L.W. "Constitutional Democracy and National Legal Instruments in Resolving Regional Election Disputes." Lex Publica 7, no. 1 (2020): 95–109. http://dx.doi.org/10.58829/lp.7.1.2020.95-109.

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Through Law Number 32 of 2004 concerning Regional Government, direct regional head elections (Pemilihan Umum Kepala Daerah/Pilkada) could finally be realized. In accordance with the mandate of Article 24C paragraph (1) of the 1945 Constitution, it stipulates that one of the powers of the Constitutional Court is to decide disputes over election results, which means that this includes post-conflict local election disputes. In this context, the Constitutional Court performs its role to maintain the constitutional democracy adopted in Indonesian legal system fo resolve election disputes. Upholding
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Prihatin, Onytra Nirwana, and Wagiman Wagiman. "Gugatan di Pengadilan TUN Terkait Keabsahan SK Caretaker Ketua RT oleh Lurah (Studi Perkara No.xxx/G/2022/PTUN.Jkt)." Multidisciplinary Journal of Education , Economic and Culture 1, no. 1 (2023): 13–26. http://dx.doi.org/10.61231/mjeec.v1i1.53.

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The study began with the RT selection process, which was suspected of cheating, namely the circulation of 'domicile blanks that were suspected to have been signed' by the person who served as the Head of the Village Government Section who was also the Chairperson of the RT Election Committee to vote in the election of the local RT leader. Then the RT selection process took place smoothly and the RT head was elected. The purpose of this research is to determine the position of the caretaker in the perspective of administrative law, and the legality of the Caretaker SK issued by the Lurah accord
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Savitri, Winny, Anisa Dwi Andiani, and Aden Fadli Mukhammad. "PEMAKNAAN REZIM PEMILU PASCA PUTUSAN MK NOMOR 55/PUUXVII/2019." Jurnal Jendela Hukum 11, no. 1 (2024): 44–57. http://dx.doi.org/10.24929/jjh.v11i1.3497.

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The legal basis for transferring regional head election dispute resolution is regulated in article 236C of Law no. 12 of 2008 concerning amendments to Law no. 32 of 2004 concerning Regional Government. This is based on the transfer of election status from the Regional Government regime to the Election Regime. The change in status from Pilkada to Election regime has implications for the transfer of authority in resolving disputes from the Supreme Court to the MK. As regulated in article 1 point 4 of Law no. 22 of 2007 concerning General Election Organizers which states that the Election of Regi
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Muslihannisa, Muslihannisa, Ismansyah Ismansyah, and Nani Mulyati. "Law Enforcement Against Criminal Acts Local Elections by Gakkumdu." Journal of Social Research 2, no. 4 (2023): 1317–25. http://dx.doi.org/10.55324/josr.v2i4.803.

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The election of the Regional Head of Padang Pariaman Regency as a form of democracy must be carried out in accordance with the provisions of the legislation, but in the process of its implementation it cannot be separated from various actions that can harm a lot of people, and the integrity of the implementation of the Regional Election. In this case, the integrated law enforcement center (Gakkumdu) enforces the law on the crime of regional head elections. The research method used in this study is empirical juridical. Based on the results of the study, it can be concluded: Law enforcement agai
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Prio Suryanto Ibrahim, Karmila Saleh, and Roy Marthen Moonti. "Peran Mahkamah Konstitusi dalam Penyelesaian Sengketa Pemilihan Kepala Daerah." Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora 2, no. 1 (2025): 287–98. https://doi.org/10.62383/aliansi.v2i1.756.

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Regional Head Elections (Pilkada) are a manifestation of people's sovereignty and the implementation of democracy in Indonesia, as stipulated in the 1945 Constitution. This study examines the role of the Constitutional Court (MK) in resolving disputes over regional election results. The method used is normative juridical legal research, analyzing relevant regulations and literature. The MK holds permanent authority to adjudicate Pilkada disputes, replacing the Supreme Court. The impact of MK's decisions includes the implementation of Re-voting (PSU), which strengthens the legitimacy of Pilkada
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Mashdurohatun, Anis, Erman Suparman, and I. Gusti Ayu Ketut Rachmi Handayani. "Authority of the Constitutional Court in the Dispute Resolution of Regional Head Elections." Lex Publica 6, no. 1 (2019): 52–60. http://dx.doi.org/10.58829/lp.6.1.2019.52-60.

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Abstract Through Law No. 32 of 2004 concerning Regional Government, direct regional head elections (Pilkada) can finally be realized. In accordance with the mandate of Article 24C paragraph (1) of the 1945 Constitution, it stipulates that one of the powers of the Constitutional Court is to decide disputes over election results, which means that this includes post-conflict local election disputes. In this context, the Constitutional Court performs its role to maintain the purity of the people’s voice if there is a voting dispute in the election process. Upholding the constitution is a form of p
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Ali, Mahfudz. "UPAYA MENUTUP PELUANG KEPALA DAERAH KORUPSI KEMBALI DALAM MASA JABATAN YANG BERBEDA." Hukum Dan Dinamika Masyarakat 20, no. 1 (2022): 70. http://dx.doi.org/10.56444/hdm.v20i1.3260.

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Corruption is a crime against humanity. The impact is not only in the economic sector, but also destroys the entire structure of state life, even more devastatingly destroying the mentality of the nation's children. No state institution is immune from the virus of corruption. Regional heads who should be role models, according to the data from the Ministry of Home Affairs in 2019, 300 regional heads were involved in corruption. Among them, some had been imprisoned, then participated in the Regional Head General Election, and were elected, repeating corruption. This study answers the driving fa
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Aulia, Eza, and Khairul Fahmi. "The Concept Of Term Of Office Limitation Of Regional Head In Indonesia." Syiah Kuala Law Journal 6, no. 2 (2022): 227–41. http://dx.doi.org/10.24815/sklj.v6i2.29122.

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This study aims to determine the basic application of the regional head office limitation model in Indonesia and how the implementation of the regional head office limitation in various countries. The research method used is normative juridical which uses primary and secondary legal materials and uses the statutory approach, the historical approach, and the comparative approach. The results showed that the underlines of application of the model for limiting the term of office of regional heads are the policy of legislators who equate the model of limiting the position of the head of state gove
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Darwin, Andi Ahmad Nur. "YURISDIKSI PENGAWASAN INTERNAL DAN EKSTERNAL TERHADAP TANGGUNG JAWAB PROFESI HAKIM (ANALISIS KASUS PEMERIKSAAN HAKIM PT. BANDUNG TERKAIT SENGKETA PEMILIHAN KEPALA DAERAH KOTA DEPOK)." Jurnal Hukum & Pembangunan 37, no. 3 (2007): 323. http://dx.doi.org/10.21143/jhp.vol37.no3.149.

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AbstrakThis article is as a result of normative law research which endeavors toexplain regarding ensued case in local head (major) election in Depok town.As the result of Judicial Comission 's examination that has issuedreccomendation to apply temporary discharged sanctions towards Head ofJustice who examined the case. In the author analyze here it doesnotComission competences because chiefly fall in to decision excellence. Theparameter of exelence is considers on legal thoughts (correctness aspectsthrough implementation and legal interpretations, relevance of considerationand the decision), a
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Putra, Irman, and Arief Fahmi Lubis. "Juridical Analysis of Constitutional Court Decision No. 85/PUU-XIV/2016: Examining the Legal Implications of the Law on Regional Head Elections (Law No. 10/2016)." West Science Law and Human Rights 1, no. 1 (2023): 42–47. https://doi.org/10.58812/wslhr.v1i1.1165.

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This paper provides a juridical analysis of the Constitutional Court Decision No. 85/PUU-XIV/2016, which examines the legal implications of the Regional Head Election Law (Law No. 10/2016). It explores the constitutional context and rationale behind the decision, emphasising its impact on the legal framework governing regional head elections in Indonesia. By dissecting the Constitutional Court's reasoning and the legal principles applied, the analysis aims to explain the impact of the ruling on the democratic process, electoral integrity, and governance at the local level. The findings highlig
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Pihlajamäki, Heikki, and Marju Luts-Sootak. "Tartu õuekohus kui õigussiire: Svea ja Liivimaa apellatsioonikohtute võrdlus [Abstract: The High Court of Dorpat as a legal transplant: a comparison of the Svea and Livonian High Courts]." Ajalooline Ajakiri. The Estonian Historical Journal, no. 2/3 (January 15, 2018): 157. http://dx.doi.org/10.12697/aa.2017.2-3.02.

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Legal transfers (or transplants, receptions) of legal phenomena sometimes take place even within one single realm. This especially applies to the conglomerate states of the early modern period where different regions of one realm often had different laws and legal cultures. Livland – covering roughly the northern part of present-day Latvia and the southern part of Estonia – became part of Sweden through the Treaty of Altmark in 1629. From the social and political viewpoint, Livland was vastly distinct from Sweden proper. Livland was a feudal society par excellence, a land with mighty land-owni
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Maulana, Muhammad Akbar, Muhammad Dwi Nurfaisal, and Zakaria Habib Al-Ra’zie. "Restoring Integrity: Re-Voting of the 2025 Serang Regent Election and Its Transformative Power for Local Democracy." Journal of Contemporary Local Politics 4, no. 1 (2025): 81–91. https://doi.org/10.46507/jclp.v4i1.708.

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Re-Voting in the Regional Head Election is one of the corrective instruments in the Indonesian electoral democracy system which aims to ensure fairness and integrity in the implementation of elections. This study specifically examines the implementation of Re-Voting in the context of the 2025 Serang Regency Regent Election, which was decided by the Constitutional Court as a result of proven violations of the principle of neutrality by a number of village heads who actively provided support to one of the candidate pairs. This study aims to analyze the juridical aspects underlying Re-Voting deci
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Wicaksono, Dian Agung, and Ola Anisa Ayutama. "INISIASI PENGADILAN KHUSUS PEMILIHAN KEPALA DAERAH DALAM MENGHADAPI KESERENTAKAN PEMILIHAN GUBERNUR, BUPATI, DAN WALIKOTA DI INDONESIA 1 *." Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional 4, no. 1 (2015): 157. http://dx.doi.org/10.33331/rechtsvinding.v4i1.53.

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Pasca pengesahan Peraturan Pemerintah Pengganti Undang-Undang (selanjutnya disingkat Perppu) Nomor 1 Tahun 2014 tentang Pemilihan Gubernur, Bupati, dan Walikota (selanjutnya disebut Pemilihan Kepala Daerah, yang disingkat Pilkada) terdapat desain baru yang diusung terkait mekanisme Pilkada. Dalam Perppu tersebut, Pilkada diselenggarakan secara serentak pada level nasional. Desain keserentakan ini tentu membutuhkan regulasi pendukung, salah satunya melalui pembentukan pengadilan khusus Pilkada. Permasalahan yang kemudian muncul dalam penelitian ini adalah terkait bagaimana urgensi dibentuknya p
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Prayoga, Satria, Febrian, and Iza Rumesten. "REFORMULATION OF REGIONAL HEAD ELECTION ADMINISTRATION DISPUTE POLICY BY THE GENERAL ELECTION SUPERVISORY BOARD AND THE STATE ADMINISTRATIVE COURT IN INDONESIA." Journal of Law and Sustainable Development 12, no. 3 (2024): e3169. http://dx.doi.org/10.55908/sdgs.v12i3.3169.

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Purpose: The research objectives related to the reformulation of regional election administration dispute policies by Election Supervisory Agency and the State Administrative Court in Indonesia can include several things, one of which is to evaluate the effectiveness of existing policies: The purpose of this research can include evaluating existing policies related to dispute resolution administration of regional elections by Election Supervisory Agency and the state administrative court. Method: The research method used in this research is a normative research method using a statutory approac
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Dinata, Ari Wirya. "LEGAL IMPLICATIONS OF NON-COMPLIANCE WITH THE DECISION OF THE STATE ADMINISTRATIVE COURT IN TERMS OF THE IMPLEMENTATION OF REGIONAL AUTONOMY AND THE UNITARY STATE." Jurnal Hukum Peratun 4, no. 1 (2022): 1–30. http://dx.doi.org/10.25216/peratun.412021.1-30.

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Implementation of rule of law in Indonesia takes the consequences to establishing the state administrative court. The state administrative court as a legal institution is a manifestation check and balance principle. So that the government does not commit arbitrary action or does not abuse of their power. Administrative court is a place to assess if there are acts of state administrative bodies / officers are not based on the laws and regulations of general principles of good governance or even harm the community. As a respected judicial institution (state administrative court), the decision of
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Hopkins, David C., Garry R. McKay, and R. Bruce Shephard. "Earthquake risk buildings." Bulletin of the New Zealand Society for Earthquake Engineering 24, no. 2 (1991): 107–15. http://dx.doi.org/10.5459/bnzsee.24.2.107-115.

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The power to classify buildings as earthquake risk has been available to local authorities since 1968. Through provisions in the Local Government Act, local authorities could require owners to strengthen or demolish buildings so classified. Authorities throughout New Zealand have progressively taken up these powers and many unreinforced masonry buildings have been demolished or strengthened. Relatively few owners have challenged the local authority's classification and it took until 1989 for a Council's ruling to be challenged in the District Court. During that year, three cases were heard, an
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Ghoffar, Abdul. "Kejujuran dalam Bingkai Hak Memilih-Dipilih (Pelajaran dari Pemilukada Bengkulu Selatan)." Jurnal Konstitusi 8, no. 1 (2016): 3. http://dx.doi.org/10.31078/jk814.

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This article discusses two decision of the Constitutional Court. First, the Constitutional Court Decision No. 57/PHPU.D-VI/2008 on Election Dispute of Regional Head of South Bengkulu, which disqualify the candidate elected, Dirwan Mahmud, because it proved to be dishonest if he had been sentenced 7 years in prison, to the detriment of the rights of citizens to choose obtain correct information about the future leaders will be chosen. Second, the Constitutional Court Decision No. 4/PUU-VII/2009 about the review of Article 12 sub-article g and Article 50 paragraph (1) sub-article g election law,
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