Suchergebnisse

,Ex-convicts must wait for a five-year gap after passing their prison term and announce their background if they want to run for governor, regent, or mayor, according to the Constitutional Court's decision Number 56/PUU-XVII/2019. The election of regional heads is an activity in the context of implementing a government system in the form of democracy. In the implementation of regional head elections, to get quality regional leaders, it takes qualified candidates promoted by political parties as well as those who run independently. Among the requirements for a regional head candidate, both at the provincial and district/city levels, a candidate must not be in a status of an ex-convict. The research method in this research was normative juridical. This research shows that based on the 1945 Constitution of the Republic of Indonesia, ex-convicts are also citizens who have the same political rights as other citizens. The existence of a provision that is a requirement to run as a candidate for the regional head in the election clearly limits or even negates a person's right to participate in exercising their rights. The decision of Constitutional Court No.42/PUUXIII/2015 states that ex-convicts can participate in regional head elections with certain conditions.

This research addresses the issue of the mutual influence between the administrative judge and the constitutional judge using a comparative analytical approach. In the beginning, the researcher discusses the role of the administrative judge in protecting the rights and freedoms of individuals by presenting the basic elements that prove the effective implementation of this control, such as proportionality and disciplinary decisions. The research also discusses the primary constitutional issue in France, or what some call the review of raising the issue of the unconstitutionality, to demonstrate the strengthening of the role of the judge and his involvement in reviewing the constitutionality of laws. Then the research discusses the role of the constitutional judge in protecting the rights and freedoms based on the achievements of the French constitutional judge, starting with his decision on freedom of association (1971), in which he enshrined the constitutional value of the preamble of the 1958 constitution. What gives the decisions of the Constitutional Council the utmost significance is their compulsory as they are imposed on the judiciary and administration automatically (the power of the case). Then the research addresses and analyzes the positive mutual impact between the constitutional judge and the administrative judge, so it first presents the confirmed influence of the administrative judge, as he turns into a miniature constitutional council through his role in reviewing the unconstitutionality. The researcher also presents the position of the jurist Bernard Stern, who believes that the administrative judge is the one who does not want to violate the authority of the Constitutional Council while he can enforce strong and violent control over the work of the Constitutional Council. Even though the issue of mutual influence between the administrative judge and the constitutional judge is fluctuating, the harmony and cooperation between them remain the master of the situation.

Tanzania in embarking the decentralization by devolution policy (D by D) as a mechanism of facilitating quick development process through the involvement of people from grass root levels has been carried out through the inter-government relations between the central government and the local government authorities (LGAs). Throughout its implementation there had been a supportive structural set up, including a constitutional mandate for local governments. Also, there has been an increased recognition of LGAs by central and sector ministries as partners rather than subordinate structures. However, the lack of a clear and effective institutional framework to govern the implementation of D by D and the lack of a shared understanding of D by D across ministries and other governmental institutions has made led to structural confusion between the Central government and the Local Government Authorities. Thus, this paper explores the undertakings of the inter-government relations between the central government and the local government authorities (LGAs) in order to forge a way forward for a inclusive and responsive governance in the country.

Indonesia is one of the largest democratic countries in the world and has held 11 general elections nationally. Nonetheless, the electoral process with ballot paper is deemed convoluted, prone to manipulation, requires massive resources and lengthy process and spent extravagant state budget. Electronic voting (e-voting) has been implemented in more than 26 countries, and India has achieved terrific success in 2019 with more than 900 million voters. E-voting in India has answered convoluted and high cost of election problems, and the VVPAT (voter-verified paper audit trail) technology helped prevent fraud potential and manipulation. This study examines the policy transfer of e-voting technology from India into Indonesia's jurisdiction and political context by using literature study and secondary sources of data to support the arguments. The key findings are that e-voting serves a constitutional electoral system that defends effective and efficient democratic election, reduces the margin of error in voting, counting, recapitulation, and significantly reduces the probability of invalid votes, effectively hindering fraudulent practices like vote-buying during recapitulation and preventing dropping illegal ballots into the ballot box. Moreover, e-voting technology also corresponds with High Court No.147/PUU-VII/2009, and if implemented with adequate technology, software and human resources, this method could secure the tenets of direct, general, free, confidential, honesty and fairness.

Post-Independence federal arrangement of the Nigerian state has suffered undue torture of tinkering, especially during the prolonged military rule. It's coming into power had resulted in the emergence of unitary federalism with the attendant fall-out of over-concentration of powers and resources at the centre, thereby rendering other component units of the federation, a mere appendage in inter-governmental relations. The current agitation for restructuring that is the re-ordering of relationships, distribution of power and resources within the components of the federation, by a wide-spectrum of ethnic nationalities across the geopolitical zones, is a reaction to the current arrangement of the Nigerian federation. This paper using Deils Wrights' models as a framework of analysis with data generated through secondary sources, examines federal-Local and State-Local relates which is receiving scant attention compared to federal-state relations in the current agitation. Findings revealed that Local Governments has been at the mercy of the other two levels of government in fiscal, political and administrative relations. This has rendered the institution mostly ineffective in their functional responsibilities. It is therefore concluded that any reform agenda that will improve the standard of governance in Nigeria, should pay particular attention to this inclusive authority model of inter-governmental relations. Therefore the need arises for constitutional reforms for devolution of power and financial resources to local government for an effective local governance system that ultimately translates to national development.

This article explores the significant role that the state is still expected to play in initiating and implementing the energy transition. In this regard, it is laid out in three parts. Part I focuses on the premise of the role that derives from constitutional law. This role is considered classic, because it is based on different functions of the state, and the legitimate constrain that distinguishes it from other social actors, including non-state actors. Tremendous materials are offered by the analysis either from the perspective of sociology or law studies when it comes to the specific situation of French-speaking African states. The scope of analysis is broadened with the energy law approach. With a focus on African English-speaking countries, the article examines both the way the state is enforcing statutes aiming to design its own transition scheme and exercising its discretionary power through its energy policy. Beyond the functions of the state—deriving from its sovereign power—these elements set out the direction in quest of a specific role the state can play in the energy transition as a process in Part II. As such, the energy transition, if it is to lead to coherent social change, requires strong and dynamic leadership, including clear, nuanced, and forward-looking direction on the broad sections of the overall process, and the environmental justice issues that necessarily cluster around them. For this reason, the role of the state is construed as both a steering role, and an integrative role for environmental, economic and social issues. Part III provides a rationale for the necessary and strong support of international cooperation—to the state—in order to achieve the paradigm shift smoothly. In Part IV, I emphasize the African Union's transition initiatives in the run-up to COP 25, which I hold out as an inducement for states' efforts. In fact, this article seeks to address these issues. Taken together, they could help build a coherent pattern of the role that African states play in the energy ...