Vol. 3 No. 1 (2023): Focus Journal Law Review Vol. 3 No. 1

Artikel

• Legal Protection Of Wife's Victims Of Husband's Violence From Viewed From The KDRT Law And Dayak Customary Law, Uud Danum

  Kartika Agus Salim

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  DOI : https://doi.org/10.62795/fjl.v3i1.95
  

  Law Number 23 of 2004 concerning the Elimination of Domestic Violence and the 2001 Uud Danum Dayak Customary Law Book have provided protection for wives who are victims of domestic violence by their husbands. The protection provided by Law Number 23 of 2004 concerning the Elimination of Domestic Violence is provided from the time the victim makes a police report, when he is questioned and arrives at a court decision. Legal protection provided by Tomakung to wives who are victims of violence (hotuhui) by husbands by paying fines and implementing siro sahkik to restore conditions damaged by violence (hotuhui) between husband and wife. Factors that cause domestic violence by husbands are caused by internal and external factors. Internal factors are caused by wives who cheat, wasteful with money, lazy to cook. Internal factors in husbands are due to being lazy to work, not having a job, having an affair, gambling and being an alcoholic drink addict. The government should provide jobs for all levels of education that are evenly distributed from villages to cities. The government should, in helping the poor, not provide social assistance in the form of direct cash assistance because a small nominal amount of money is only enough to buy alcohol and play gambling. The increase in domestic violence is not solely the fault of the citizens but due to a lack of community awareness raising by the central and regional governments that is right on target because today the Government is building more infrastructure than building the mental and spiritual Indonesian people themselves.

  Abstract : 396 views | PDF : 101 downloads

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• Juridical consequences of lending and borrowing agreements that are covered with the substance of buying and selling paid off ownership rights to land

  Charles Lungkang, Putu Dyatmikawati, Made Gde Subha Karma Resen

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  DOI : https://doi.org/10.62795/fjl.v3i1.93
  

  The position of the lending and borrowing agreement which is covered by the substance of the sale and purchase of paid off land ownership rights, in this case the position is based on an agreement or loan agreement between the parties which requires the borrowing party to pay off the debt after a certain period of time accompanied by payment of a number of rewards. Lending within a certain period of time set by the lender. The loan recipient pays off the loan, by returning the loan money. The position of the lending and borrowing agreement relates to freedom of contract, the parties can regulate the contents of the agreement as long as it is not prohibited by law and propriety and in the contract must fulfill the terms of the agreement. This position is born from the existence of an agreement between the two parties, namely the borrower and the lender, so with this agreement the loan agreement is binding on both parties, that is, the parties cannot cancel the loan agreement without the approval of the other party. If the loan agreement is canceled or terminated unilaterally, the other party can sue. After the money that is the object of the agreement has actually been handed over by the lender to the borrower, the borrower must or has the obligation to return the loan on time to the lender in accordance with the agreement in the agreement.

  Abstract : 185 views | PDF : 92 downloads

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• Discourse on the Debate on Bawaslu's Authority in Handling Election Violations After the Determination of National Vote Results

  Satriya Nugraha

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  DOI : https://doi.org/10.62795/fjl.v3i1.97
  

  Violations in the electoral process in Indonesia are an issue that often occurs during the electoral process, where the Election Supervisory Body (Bawaslu) is tasked with preventing and taking action related to alleged election violations, not only during the election but also when the vote results have been determined nationally, with the hope of realizing a fair and integrity election. This study aims to describe the limitations of Bawaslu in carrying out its duties fully to oversee the entire series of elections following statutory regulations. This research uses a normative juridical research method through a statutory approach. The results of this study reveal that Bawaslu is unable to fully carry out its duties in taking action against alleged election violations after the determination of the vote until the stage of taking the oath or pledge because there is a legal vacuum in Article 93 letter d of Law Number 7 of 2017 concerning General Elections which outlines that Bawaslu is only tasked with overseeing the implementation of the election until the stage of determining the election results. Law Number 7/2017 on General Elections must be reviewed to provide legal certainty to Bawaslu in carrying out its duties under statutory regulations.

  Abstract : 300 views | PDF : 106 downloads

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• Use of Information Technology in Counting (Situng) and Recapitulating (Recapitalized) Votes for the 2024 Election

  Hidayatun Indriyani, Agata Meyer

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  DOI : https://doi.org/10.62795/fjl.v3i1.94
  

  General elections are a concrete manifestation of the implementation of democracy in Indonesia which provides a role for every citizen to be able to directly participate in selecting public officials. Democracy and democratic elections are “qonditio sine qua nonâ€, the one can not exist without the others. In the sense that elections are interpreted as a procedure to achieve democracy or a procedure to transfer people’s sovereignty to certain candidates to occupy political positions in a country. Based on Law Number 7 of 2017 concerning General Elections (Election Law), information on election results can be obtained after going through several stages and requiring a long waiting time. This is because the vote counting and recapitulation system still adopts conventional methods. In principle, the process for the counting and recapitulation system can be flowed as follows: After the voting is complete, then the vote count is carried out at the TPS level and followed by filling out the vote counting certificate manually with a large number of copies. After that it was sent to the District level for manual recapitulation and filling out the recapitulation certificate with a large number of copies. The recapitulation process, like in the Kecamatan, takes place and is tiered at the District/City level, Provincial level and National level. With a process like this, in addition to the potential for errors caused by human error and it also takes quite a long time which then has the potential for fraud to occur so that it requires the use of adequate information technology in the process.

  Abstract : 434 views | PDF : 143 downloads

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• Party Simplification Model in Indonesia (Strengthening The Presidential System) and The Presidential Election System in the United States

  Lis Firanti Soedjono, Brendon Neese

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  DOI : https://doi.org/10.62795/fjl.v3i1.96
  

  Elections are a process of electing to fill certain political positions, such as presidents, vice presidents, people's representatives at various levels of government, to the simplest or the least of the village heads. From this perspective of Constitutional Law, direct popular vote is conducted within the period of office in an organization of the state. Then speaking of the election inevitably must be placed within the framework of the principle of people's sovereignty, because the election itself is a manifestation of people's participation that is central to the principle of people's sovereignty or democracy. Its means of political participation of the community to participate in determining public policy. To limit the number of political parties, many methods have been used, such as the electoral threshold and parliamentary threshold. However, the various models used have not been fully effective. In this paper the author will share his views regarding the party simplification model in Indonesia with the aim of strengthening the presidential system. This research article will examine how the ideal model is to simplify parties in Indonesia in the general election system in Indonesia. In addition, this research will discuss the presidential election system in the United States

  Abstract : 470 views | PDF : 96 downloads

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