Proceeding Legal Symposium

Legal Provisions Related to Election Campaigns: A Perspective on the Protection of Freedom of Speech

2024-02-09T09:58:22+07:00

This abstract presents the idea that everyone has the right to free speech, with a particular emphasis on how that right is safeguarded in relation to laws pertaining to political campaigns. The freedom of speech is guaranteed by the 1945 Constitution. This abstract elucidates the impact of election campaign legislation on free speech through a legal examination. The purpose of this study is to provide an explanation for the changing legislative framework that controls political speech throughout the election process. Finding the limitations imposed on political campaigns and the degree to which they affect the fundamental right to free speech is the primary goal. The abstract analyses these rules while also assessing their effects on societal freedom of speech and democratization. This study highlights the moral and legal issues that underpin such agreements, offering a comprehensive understanding of the interplay between the law and free speech during political campaigns.

Legal Supervision of Political Buzzer During Election in The Democratic Era

2024-02-09T10:01:59+07:00

Buzzers have garnered considerable public attention, mostly owing to the proliferation of buzzing activities across multiple social media platforms. The proliferation of political buzzers in Indonesia who actively promote political parties has garnered significant public attention, sparking several viewpoints and discussions about their presence throughout the nation. Nevertheless, the role of the buzzer in political instruments has seen a whole reversal in its use. Buzzers often craft inflammatory storylines to establish political branding for certain politicians. This issue is worsened by the disruption of information technology, which presents information that could be more accurate. The significance of this study lies in the fact that buzzers often serve as catalysts for political turmoil. Hence, conducting a comprehensive investigation into the presence of political buzzers, which operate outside legal regulations yet are extensively used in politics, is crucial. This study uses normative legal research methodology. The results of this research are to provide legal supervision of political buzzers, which are considered detrimental to democracy during elections.

Mekanisme Presidential Threshold Dalam Sistem Pemerintahan Presidensial di Indonesia

2024-02-09T10:05:27+07:00

This article aims to analyze Presidential Threshold in the general election which is an explanation of Article 6A (2) of the 1945 Constitution. This study will explain the problematic setting of presidential threshold in Indonesia since the 2004 presidential and vice presidential elections and the relevance of presidential thresholds in future presidential and vice presidential elections. This study is the study of normative law using statute approach and conceptual approach. As a result of this study since 2004, presidential and vice-presidential elections, there have been many judicial review to Constitutional Court regarding the presidential threshold regulation which is considered contrary to the 1945 Constitutional. This suggests that the mechanism cannot realize a strong presidential government system and is also stable in its implementation. The Presidential Threshold policy, which is interpreted as the acquisition of a legislative election vote or the acquisition of a certain number of seats in parliament as a requirement to nominate candidates for President and Vice President, is no longer relevant to the upcoming general election. The Presidential Threshold should be interpreted as the provisions of Article 6A paragraph (3) and (4) of the 1945 Indonesian Law

Menjaga Kualitas Pemilu Terhadap Pelanggaran Netralitas Aparatur Sipil Negara (Studi Pemilihan Presiden dan Wakil Presiden Tahun 2019 di Kota Yogyakarta)

2024-02-09T10:35:36+07:00

The state civil service or often referred to as ASN has always been a topic that receives public attention, especially when approaching, during and after the end of general elections, including the Presidential election. Based on the problem, a problem formulation was born, namely how to resolve the violation of ASN neutrality in the 2019 Presidential and Vice Presidential General Election in the City of Yogyakarta and what factors hinder the resolution of the ASN neutrality violation in the 2019 Presidential and Vice Presidential General Election in the City of Yogyakarta. Empirical research method with methods qualitative descriptive analysis. The result was that law enforcement in maintaining the quality of the election regarding violations of ASN neutrality was completed at Bawaslu in the city of Yogyakarta by issuing a warning letter given to ASN through the leadership.

Politik Hukum Perlindungan Konsumen pada Era Ekonomi Digital dalam Sistem Demokrasi Negara

2024-02-09T10:40:16+07:00

This research aims to examine the politics of consumer protection law in the digital economy ecosystem. The democratic system requires the protection of human rights and realizes social justice in the context of consumer protection. This research uses normative research methods with a statutory approach and utilizes secondary data. The result of this research is that there are challenges related to changes and technological developments in the digital economy ecosystem to consumer protection including low literacy & the rise of illegal and fraudulent products; dispute resolution with no legal certainty, consumer data protection in the digital ecosystem; delivery of unclear information, consumer behavior wants to be practical & fast-paced; and problems of misleading information, misselling, overindebtness. The legal policy of consumer protection law must be directed to; building the attitude and seriousness of the government in terms of initiating changes to the consumer protection law, the need for harmonization between the consumer protection law and the ITE Law; the formation of implementing regulations that can accommodate technical interests related to consumer protection in digital media transactions; formulating detailed derivative rules of the PDP Law so that the enactment of this law can run effectively; strengthening the online-based consumer dispute resolution system.

Refleksi Pemilu 2019 Menyongsong Pemilu 2024 Ditinjau dari Aspek Penegakan Hukum Pidana Pemilu

2024-02-09T10:48:03+07:00

The 2019 Election Implementation raises several notes that deserve to be evaluated. This is important to do so, in order that the implementation of elections in the future will be of higher quality and integrity. Considering all of it, Elections determine the life of the nation and state. In the election determined by the people's representatives and leaders of the nation who will take control of the government for five years. This paper aims to conduct a comprehensive discuss the ius constituendum on Election criminal law enforcement as a reflection of the 2019 election towards the 2024 election with quality and integrity. The research method used by the author is normative legal research. Conclusion this paper seeks to realize a quality election and integrity, there are three important things that must be done. First, the improvement of the draft rules of law (regulation) elections that put “everyone” is prohibited to conduct money politics. Second, the improvement of election regulations that prohibit election crimes from being carried out “at any time” during election periods that are not focused on certain moments. Third, the paradigm of punishment in elections should only be applied to money politics and actions that threaten election security.