Jurnal Legislatif 2024-06-14T10:25:36+00:00 Khulaifi Hamdani Open Journal Systems <p><strong>JURNAL LEGISLATIF</strong></p> <p><strong>Jurnal Legislatif</strong> adalah Jurnal yang diterbitkan oleh <strong>Unit Kegiatan Mahasiswa Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin. </strong>Jurnal Legislatif adalah jurnal akses terbuka yang bertujuan untuk mempublikasikan artikel ilmiah bagi akademisi dan praktisi hukum di seluruh Indonesia. Jurnal Legislatif berfokus pada kajian seputar Isu Hukum, artinya tidak terbatas pada bidang hukum tertentu.</p> <p>Jurnal Legislatif melakukan penerbitan setiap dua kali dalam setahun. Setiap artikel yang diterbitkan akan melalui proses <em>review double-blind</em>. Oleh karena itu, keputusan diterima atau tidaknya artikel ilmiah menjadi hak Dewan Redaksi berdasarkan rekomendasi dari <em>peer reviewer</em>.</p> <p>Penulis yang akan menyerahkan naskah, harap membaca dan memahami pedoman dan template yang telah kami sediakan. Apabila naskah yang dikirimkan tidak sesuai dengan pedoman dan template, maka akan ditolak oleh tim redaksi sebelum ditinjau lebih lanjut. Tim Editorial hanya menerima naskah yang memenuhi persyaratan yang telah kami tentukan.</p> <p><strong>ISSN: 2654-3982 | e- ISSN: 27228797</strong></p> <p><strong>Publisher: <a href="">Unit Kegiatan Mahasiswa Lembaga Penalaran dan Penulisan Karya Ilmiah Fakulytas Hukum Universitas Hasanuddin</a></strong></p> The Impact of Zipper System on Election 2024 2023-11-01T18:50:06+00:00 Adinda Rabiki Mardiah Septi Wijayanti <p><em>Women's representation in parliament has a very important role to convey the aspirations of society in general and women in particular. After the Constitutional Court Decision No. 22-24 / PUU-VI / 2008 there was a new regulation regarding the mandatory representation of women as much as 30% in parliament. However, until the 2019 elections were held, women's representation in parliament had not reached 30%. One of which reason women representation still under 30% is zipper system used in electoral system. Zipper system is an election system by placing male and female candidates intermittently. Indonesia applied a semi-pure zipper system with a proportion of 3: 1 and not a 1: 2 system. Therefore, the purpose of this study is to determine the opportunity of implementing zipper system in the upcoming 2024 election. This research is a normative juridical research using secondary data materials which are divided into three groups, namely primary legal materials in the form of laws and regulations, secondary legal materials in the form of articles and books that explain primary legal materials which are then presented qualitatively.</em> <em>In conclusion, looking at the pattern of Indonesian voters towards female candidates, the implementation of the zipper system with the 3:1 scheme applied in Indonesia can only increase the number of women's candidacy, not the number of electability. The dominance of young voters in the 2024 election can encourage women's electability with changes to the pure zipper system and political education about the importance of women's representation.</em></p> 2023-12-31T00:00:00+00:00 Copyright (c) 2023 Pemenuhan Asas Kebermanfaatan Hukum pada Permendag No.31 Tahun 2023 2023-12-05T02:58:07+00:00 fitria damayanti Setyaning Wida Endriyani Lestari <p>The existence of regulations in the form of law is a real means of social control. This applies in the economic field, especially regarding electronic systems used by many parties. In the hierarchy, there are ministerial regulations that are widely used, one of the most recent is<br />Minister of Trade Regulation No. 31/2023 concerning Business Licensing, Advertising,<br />Guidance and Supervision of Business Actors in Trading via Electronic Systems. This regulation was formed as a reaction to the freedom in electronic trade, which caused an imbalance in conventional trade, especially domestic products. This research aims to review judicially the Minister of Trade Regulation No. 31/2023, which has been ratified. This research applied a normative method that placed law as the norm system. The norm system here is the principles, norms, rules of legislation. This regulation was chosen because of the great urgency for society and whether its existence harms the constitutions of other parties. Therefore, the author concludes, firstly, that in making Minister of Trade Regulation, it is necessary to involve the community actively as participants in carrying out the analysis. Secondly, this regulation has a big impact on the economy that requires re-adaptation for several elements of society. As expected, the Regulation of the Minister of Trade No. 31/2023 will be an appropriate solution to handle the current economic problem in Indonesia</p> 2024-01-26T00:00:00+00:00 Copyright (c) 2023 FIGHTING ENERGY POVERTY IN LANDS TRIGGERED BY NATURAL HAZARDS: THE CASE OF MACERATA FELTRIA, PIEVE TORINA AND MUCCIA 2024-02-13T14:01:08+00:00 Ivan Allegranti <p style="font-weight: 400;"><em>Access to energy has been, especially in recent times after the Ukrainian War and recent natural hazards, a significant theme among European policymakers. Still, there are some parts of Italy, especially the Marche region, which since 2016 are living in an emergency because of the seismic events. Considering this situation, this paper investigates the policy adopted by the Italian Government and the ARERA Authority regarding electricity bills in the territories affected by the natural hazard. This paper aims to highlight how, in lands triggered by a disaster, the most convenient solution to combat the accessibility of energy and the consequent energy poverty of the evacuees, is the creation of energy communities. In this regard – also thanks to the Directive EU 2018/ 2001 (also known for RED II Directive), the funds of the Next Generation EU and the recent Marche Regional Law of 11 June 2021 n. 10 which can contribute to an increase in the creation by rural areas communities of new energy communities – there are already case studies and best practices such as those Macerata Feltria (Pesaro-Urbino) and the future developments of Muccia and Pieve Torina (both located in the crater of the Marche region in the province of Macerata), than can be taken as an example for future developments of energy communities in the Italian rural areas affected by a disaster.</em></p> 2023-12-12T00:00:00+00:00 Copyright (c) 2023 Analisis Teori Keadilan Jhon Ralws terhadap Pembatasa Hak Pilih TNI dalam Bingkai Demokrasi Pancasila 2024-06-14T10:25:36+00:00 Candra Vira Faradillah <p><em>This research discusses the restriction of TNI's voting rights in the context of Pancasila democracy, focusing on the dualism between the fulfillment of human rights and justice. A critical analysis of John Rawls' theory of justice is used as a conceptual framework to investigate the impact of such restrictions on democratic principles oriented towards the fulfillment of human rights and social justice. The results of this research are expected to provide valuable insights into the conceptual dilemma arising from this dualism, as well as provide a basis for constructive debate on whether or not such restrictions should be imposed. This research is normative-empirical legal research with data collection techniques in the form of an interview with a respondent to find out his experience related to the topic of study. The results of this study show that the limitation of TNI's voting rights cannot be separated from the history of TNI's involvement in government politics which is considered too overpowering and endangers the interests and creates injustice for the Indonesian people at large. The unequal position between the two is also feared to create unfair elections. Thus, when viewed from John Rawls' theory of justice, the restriction of TNI's voting rights is not a form of state discrimination against TNI members, but rather a form of affirmative action to create fair elections within the framework of Pancasila democracy.</em></p> 2024-06-18T00:00:00+00:00 Copyright (c) 2023 Kepentingan Korban vs Kepentingan Hukum: Implementasi Penanganan Kasus Kekerasan Seksual di Perguruan Tinggi 2023-11-27T08:00:07+00:00 oringustaandini andini <p><em>This study aims to describe the obstacles in handling sexual violence cases in universities, namely the reluctance of victims to report cases of sexual violence to law enforcement officials. This research uses normative research methods with basic approach and statutory approach. The Regulation of the Minister of Education, Culture, Research, and Technology of the Republic of Indonesia Number 30 year 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education and Law 12 Number year 2022 Sexual Violence Criminal Acts doesn’t necessarily make victims free from fear over their reporting even it’s a legal interest as well as a mandate of the TPKS law, the reluctance of victims to take legal action for the sake of mental health is the choice and interest of victims. This situation makes the legal interests and the interests of the victim face each other and has the potential to make the perpetrator of sexual violence report the victim for the report he submitted to the sexual violence companion under the pretext of defamation or defamation crimes. This article recommends that in carrying out their duties, sexual violence assistants can better interpret the best interests of victims so that victims of sexual violence in handling them are also given legal education in the hope of increasing legal awareness of legal interests, but if the victims are still reluctant to report because psychological impact, it can be ruled out because the best interests of the victim are the thing that must come first. </em></p> 2023-12-31T00:00:00+00:00 Copyright (c) 2023