This paper is a commentary on Maria Dita Kristiana's article, entitled Politics of Law on School Days Policy: Legal Reform on Indonesian Education Policy, published in Journal of Law and Legal Reform, 1 (1), pp. 5-24 (previous edition). The author emphasizes this comment on aspects relating to the method used by the author, and criticism of the relevance of the theory used. The article, written by Maria Dia Kristiana, can be used as reference material for further research relating to the political politics of education in Indonesia
This paper discusses bureaucracy in the analysis of law number 30 of 2014 concerning government administration as a form of democracy implementation. However, bureaucracy in many cases shows a negative tendency (corrupt behavior, including collusion and nepotism). Various forms of bureaucracy in Indonesia in history were also formed on the basis of the regime and the tastes of the authorities. So that various negative behaviors tend to occur. This paper is a normative legal study in which the writer only analyzes based on the laws and regulations and related legal theories. This paper confirms that law number 30 of 2014 concerning government administration has explicitly set the efforts that must be made by the government in resolving various issues relating to the administration of government and bureaucracy.
The Election Law, which consists of six books, can be said to be the most comprehensive law on election arrangements to date. This comprehensive regulation is inseparable from the various polemics in the Election Law. One of the polemics in the Election Law is the election crime. Election crime arrangements in the Election Law have the potential to reduce democracy in Indonesia. The State of Indonesia is a democratic country and it has been stated indirectly in the 1945 Constitution. This means that the provisions of criminal acts contained in the Election Law must not conflict with a democratic state. The formulation of the problem in this article is how election crimes are in the perspective of Indonesia's democratic state and how the potential for election crimes threatens the democratic perspective of Indonesia's democratic state. The object of this research is the provision of criminal acts in the Election Law and the concept of the democratic state of Indonesia according to the 1945 Constitution. This research method is to use a qualitative research approach and type of normative juridical research. The results of this study are election criminal offenses in the perspective of the Indonesian democratic state and appropriate arrangements related to election criminal acts from the perspective of the democratic state of Indonesia. The conclusion of this research is that the criminal act of election can be enforced in Indonesia as long as it does not conflict with democracy in the State of Indonesia.
Government Regulation No. 41 of 2020 on the Transfer of Employees of the Corruption Eradication Commission into CivilServantsunilaterally makes KPK employees as ASN.In fact,not allKPK employees are willing to beASNand there is public rejection of thepolicy. On the other hand, there are honorary teacher want to be appointed as ASN.Until now there is no certainty of transfer of honorary teacher status to ASN.Although there has been policy related to the appointment of honorary teachers to become ASN, but the policy is different from the policy transferring status of KPK employees to ASN. Thisstudyaims to find the motives of the state to transferring KPK employee status into ASN and find policy differences in the appointment of ASN between KPK employees and honorary teachers.This research showed that the transfer of KPK employee status to ASN has pros and cons motives.The pro motive is thatthe transfer of KPK employee status to ASNaimsto have (1) KPK employees well coordinated; and (2) the need for ASN support to KPKas part of KPK strengthening.The counter motive sees the transfer of KPK employee status to ASNas an efforttocontrol KPKand strengthen the independence of KPK employees or weaken KPK.Meanwhile, ASN appointment policy inequality between KPK employees and honorary teachershas not been inaccordance with the principles of equalityrightandeconomic equality.
A democratic state allows for the birth of a dynastic politics. Indonesia as a democracy must accept these consequences. As long as dynastic politics are in accordance with the constitution and do not violate democratic principles, the state accommodates the birth and development of dynastic politics. In Indonesia, since the opening of the doors of reform and regional autonomy, it has led to a democratization of political power at the center as well as in the regions. Dynastic politics also grows and develops. The growth and development of dynastic politics occurs at the level of political power in the regions. In the Tegal Raya region, dynastic politics led by the Dewi Sri clan had experienced developments and was able to place several members of the Dewi Sri clan in several political powers. But interestingly, the political development of the dynasties in the Tegal Raya region must be reduced. This article analyzes the factors that influence the development and reduction of dynastic politics in the Tegal Raya Region.