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Constitutional amendments are crucial instruments in the dynamics of state governance, particularly in democratic countries that adopt either a presidential or parliamentary system. This study aims to analyze and compare the mechanisms, implications, and challenges of the constitutional amendment process in both systems. Using a descriptive-comparative approach, the research examines how each system designs and implements constitutional changes, including the role of the legislative and executive branches, as well as public participation. The findings indicate that the presidential system tends to have a more rigid amendment procedure compared to the parliamentary system, which is more flexible in enacting constitutional changes. These differences have implications for government stability, decision-making effectiveness, and the balance of power within each system. Therefore, a deep understanding of constitutional amendment mechanisms in different governmental systems is essential to ensure that constitutional changes remain aligned with democratic principles and national interests.

This research aims to examine the role of the Constitutional Court (MK) in protecting and guaranteeing the right to education as part of human rights and the constitutional rights of Indonesian citizens.Education enshrined in Article 31 of the 1945 Constitution of the Republic of Indonesia is a fundamental right of every citizen that must be fulfilled by the state without discrimination.However, in its implementation, there are still gaps in access and violations of constitutional rights, especially for vulnerable groups and communities in marginalized areas. This research raises two main issues: (1) the gap in access and quality of education experienced by vulnerable groups and how the Constitutional Court protects those rights; and (2) violations of constitutional rights in the field of education.

Opposition is an important element in a democratic system that functions as a mechanism of control over power. In the context of Indonesian constitutionality, the existence of the opposition is a prerequisite for the realization of a healthy and effective democracy. However, in practice, the term opposition is often equated with the principle of checks and balances, thus causing a blur of meaning between the two. This paper aims to examine the paradigm of the opposition in the Pancasila democratic system and analyze the relationship between the opposition and the principle of checks and balances in the Indonesian constitutional system. This research uses a qualitative method with a normative juridical approach, through a conceptual approach and a legislative approach. An analysis was carried out on the doctrines of constitutional law and provisions in the 1945 Constitution of the Republic of Indonesia related to the implementation of opposition and the principle of checks and balances. This approach was chosen to explore legal issues in depth and find a comprehensive understanding of the role of the opposition in the Indonesian constitutional system. The results of the study show that even though Indonesia does not adhere to a parliamentary or presidential system with two parties, the implementation of the opposition is still relevant and carried out with attention to the values of consensus in Pancasila democracy. The opposition in Indonesia is not confrontational, but constructive and oriented towards strengthening the system of supervision of power. Opposition and the principle of checks and balances are two concepts that are terminologically different, but interrelated and inseparable in Indonesian constitutional practice. Both serve as important instruments in maintaining the balance of power and ensuring accountability in the administration of government. Thus, a proper understanding of the opposition paradigm and the principle of checks and balances is the key to strengthening constitutional democracy in Indonesia.

This study analyzes the legal aspects in the application of the e-voting system in the election of village heads as a form of technological innovation in voting. With a normative legal approach, this research is based on relevant laws and regulations, including Law Number 6 of 2014 concerning Villages and its amendments in Law Number 3 of 2024. The results of the study show that the e-voting regulation is not explicitly contained in the law, but gives authority to local governments to design village head election policies, which is strengthened by the Constitutional Court Decision Number 147/PUU-VII/2009. In addition, the e-voting mechanism meets the principle of legality in the elections, emphasizes the principle of luberjurdil, and is in line with democratic values. The conclusion of this study emphasizes that the implementation of the election with the e-voting method can be applied by paying attention to the legal standards and cumulative requirements that have been set.

This study examines the implementation of the legislative duties and functions of the House of Representatives of the Republic of Indonesia (DPR RI) during the 2019–2024 period. Legislative function, as stipulated in Article 20A of the 1945 Constitution of the Republic of Indonesia, constitutes one of the core and most influential functions of the DPR, enabling it to affect various aspects of national governance. However, in practice, this function has not been carried out optimally. Legislative performance is evaluated not only in terms of the quantity of legislation produced but also in the quality of the laws enacted. Using a normative juridical research method, grounded in positivist legal theory. The findings indicate that throughout the 2019–2024 period, the DPR’s legislative performance has fluctuated and remained suboptimal. Of the 256 bills included in the National Legislative Program (Prolegnas), only 63 were enacted into law. Several inhibiting factors were identified, including the competency of members, lengthy decision-making procedures, political party composition, and limited public participation. This study underscores the importance of enhancing the capacity of DPR members through regular training and education. Greater transparency in the legislative process is also crucial to maintaining public trust. Furthermore, streamlining bill deliberation mechanisms and fostering inter-factional dialogue are essential strategies to accelerate consensus and improve legislative outcomes.

This study aims to examine the regulatory framework concerning Government Employees with Work Agreements (PPPK), particularly in Functional Expert Positions in Indonesia and to identify how the policy implementation of PPPK in Functional Expert Positions is carried out at the Constitutional Court. The research employs an empirical method with a qualitative approach. The types of data used include both primary and secondary data: primary data was obtained through field interviews, while secondary data consists of documents, information, books, and facts sourced from official records and legislation. The findings of this study indicate that the implementation of policies related to Functional Expert Positions at the Constitutional Court still faces regulatory inconsistencies, especially in the selection mechanism, which does not fully adhere to the established rules. Additionally, competency development for PPPK employees is not supported by systematic planning, which risks creating skill gaps. This situation may lead to uncertainty in career progression and reflects that the management of PPPK still encounters several fundamental challenges in its implementation.  

The third amendment to Law Number 1 of 2025 on State-Owned Enterprises has presented several juridical issues that need to be studied in depth, one of which is related to the establishment of the Daya Anagata Nusantara Investment Management Agency (Danantara). One of the main issues is the lack of public participation in drafting regulations, both at the planning stage and the formulation of legal norms. In addition, the existence of Danantara, which adopts the Sovereign Wealth Fund (SWF) model, raises the potential for overlap with a similar institution, the Indonesia Investment Authority (INA), which was established earlier. Provisions regarding the filling of organ positions, exceptions to the definition of state finances and losses, and weak external oversight mechanisms further strengthen concerns about irregularities in governance. These conditions are potentially at odds with the general principles of good governance (AAUPB), the Law on Government Administration, the Law on State Ministries, and the Law on the Eradication of Corruption. Therefore, it is necessary to analyze the establishment of the Daya Anagata Nusantara Investment Management Agency (Danantara), focusing on the legal basis for its establishment and its compatibility with the principles of constitutional law and government administration in Indonesia.

The role and responsibilities of Regional Regulations differ based on the principles and practices stated in the Constitution/UUD and the Regional Government Law. This role is important in ensuring that every regional legal product produced has good substantive and procedural quality. The purpose of this study is to determine and analyze the existence of the Gorontalo Regional Office of the Ministry of Law in improving the quality of regional legal products produced. The method used in this study is an empirical research type, namely legal research based on the reality that researchers obtain in accordance with data in the field. The Gorontalo Regional Office of Law also pays attention to the principle of public participation. In every mentoring process, the regional government involves the community and stakeholders in the preparation of regional regulations. This is an embodiment of the principle of democracy in a state of law, where the law does not only come from above (top-down), but also from below (bottom-up). This strengthens the legitimacy of the law in the eyes of the community and ensures the sustainability of the implementation of these regulations. The existence of the Gorontalo Regional Office of the Ministry of Law plays a central role in efforts to improve the quality of regional legal products. Through the functions of harmonization, consultation, and legal education that are continuously carried out to local governments and stakeholders, the Regional Office contributes greatly to ensuring that every regional regulation produced meets formal legal aspects, but also reflects justice.

The principle of legality is a legal principle that states that every act may only be subject to sanctions if it has been stipulated in the legislation before the criminal act is committed. The research aims to analyze the necessity of a law before a criminal event occurs; analyze the assessment of an act that is not analogous; analyze the need for the principle of legality to protect individuals from arbitrary actions by judicial officers. The research method is the normative legal method, by adopting conventions, legislation, law books, journals, articles, the internet. Furthermore, comprehensively reviewing the literature so that maximum results are obtained. The results of the research, law enforcement that is fair, pure and consistent is still difficult to achieve considering that many officers still do not fully understand the meaning of the principle of legality so that they often make mistakes in considering imposing criminal sanctions, and often their decisions exceed their authority. Human rights are inherent rights in individuals, so individuals should get their rights. Protection of individual rights is mandated in the 1945 Constitution Article 28G paragraph (1) Article 28H paragraph (1). Legal certainty is a vital element in building an honest and fair legal strategy. It is expected that when laws are created, they should be in accordance with a systematic, democratic mechanism based on empirical observation results, so that errors in the application of the law can be minimized. Thus, all people get legal certainty where their rights are protected and maintained, on the other hand, each individual is aware not to do prohibited acts because every action has logical and firm consequences.  

Ratification is the formal process by which a country approves and legally ratifies an international agreement. Ratification was first introduced at the Vienna convention. The ratification of IE-CEPA was realized by the ratification of Law Number 1 of 2021 in accordance with the contents of Article 11 of the 1945 Constitution for the sake of the welfare of society. This research aims to determine the content of IE-CEPA and its impacts on Indonesia. This research uses normative research methods and is presented descriptively analytically. The results of the research conclude that this ratification has fulfilled the standards of international agreements and also the contents of the 1945 Constitution. Apart from that, this ratification has an impact on law, namely the obligation to harmonize national law and the economic impact which is marked by an increase in the trade graph of both parties.

This study examines the universal concept of human rights as fundamental to all individuals. Human rights reflect dignity, equality, autonomy, and legal protection, and must be ensured by the state. Although broadly accepted, continuous education and public awareness—especially for marginalized groups—remain essential. In Gorontalo Province, the Ministry of Law and Human Rights’ Regional Office plays a pivotal role in responding to alleged human rights violations through its Community Communication Services Program, as regulated by Ministerial Regulation No. 23 of 2022. Using an empirical legal approach, the study gathers data through literature reviews, legal documents, and interviews with relevant stakeholders. Findings show that the Regional Office serves as a key constitutional institution promoting access to justice and upholding legal protections. Its activities include handling public complaints, forming investigative teams, and coordinating with law enforcement and legal aid bodies. Legal aid—both state-sponsored (pro deo) and volunteer-based (pro bono)—emerges as a crucial tool for promoting justice, especially for the underprivileged. The structured complaint mechanism under Ministerial Regulation No. 23 of 2022 strengthens the state’s role in ensuring equality before the law and fulfilling its constitutional obligations to protect human dignity and human rights.

As a democratic legal state, Indonesia is obligated to guarantee press freedom as an information source for the community and as a social watchdog. The ITE Law, a response to technological developments, affects the existence of press media, which now present information digitally. This research focuses on two main issues: First, it examines the implications of the ITE Law on press freedom using Lawrence M. Friedman's theory. Second, it explores how to ideally guarantee press freedom through the legal protection of journalists. This study aims to examine the extent to which the ITE Law restricts press freedom. This study employs a normative juridical approach with a literature review and case analysis of the criminalization of journalists in Indonesia. The results show that the ITE Law creates legal ambiguity, thus triggering the abuse of vague articles, particularly Article 26, paragraph 3, which contradicts press freedom as protected by the 1945 Constitution. The study concludes that there is a need for a fundamental revision of the ITE Law to create a balance between individual rights and public interests. Alternative solutions include synchronizing the law with the press law and strengthening the role of the Press Council.

The scope of pretrial authority is regulated under Article 77 of the Indonesian Criminal Procedure Code (KUHAP), with an extension of authority introduced through the Constitutional Court Decision Number 21/PUU-XII/2014. The evidentiary process in pretrial proceedings is governed by Article 2 paragraphs (2) and (4) of the Supreme Court Regulation of the Republic of Indonesia Number 4 of 2016 concerning the Prohibition of Judicial Review of Pretrial Decisions. However, in practice, petitions for pretrial often address matters beyond this prescribed authority. Moreover, there remains a disparity in judicial reasoning across different judges, particularly with respect to the evaluation of evidence in the determination of a suspect.The legal issues examined in this study are: (1) whether the expansion of the pretrial authority’s scope has led to multiple interpretations among law enforcement officers, and (2) how the evidentiary process in pretrial proceedings aligns with the principle of legal certainty. This thesis employs normative legal research using statutory, conceptual, and case approaches. The findings of this thesis reveal that the expansion of pretrial authority has indeed created multiple interpretations among law enforcement officials, owing to inconsistencies in pretrial decisions that result from judicial discretion. Furthermore, the evidentiary process in pretrial proceedings ought to be limited to the formal aspects of investigative or prosecutorial actions. Nevertheless, certain pretrial rulings have considered the substance and quality of evidence, and even assessed the conduct of the suspect. Such practices undermine legal certainty for justice seekers. Therefore, the Supreme Court should issue more concrete regulations concerning the scope of pretrial and the evidentiary standards applicable in pretrial proceedings.

This study aims to (1) determine the legal provisions regarding the execution of fiduciary guarantees based on Law Number 42 of 1999 concerning Fiduciary Guarantees, (2) determine the legal limitations in the execution of fiduciary guarantees against problematic credit based on applicable legal provisions. The type of research used is normative legal research, using a qualitative approach. The results of the study indicate that although normatively fiduciary execution can be carried out directly by the creditor based on a fiduciary certificate that has executorial power, in practice various obstacles arise. These obstacles include the unregistered fiduciary deed, imperfect agreements, debtor approval, to the decision of the Constitutional Court which guarantees the existence of a default agreement and court involvement if an agreement occurs. This study concludes that legal protection for debtors is getting stronger, but the effectiveness of fiduciary as a credit guarantee faces new challenges in its implementation.

Within the framework of the legal norm system of the Republic of Indonesia, Pancasila occupies a position as the fundamental norm and the highest legal norm. The hierarchy below it is occupied by the 1945 Constitution. As the basic norm of the state, the discourse on the potential for constitutional amendments, especially related to the 1945 Constitution, is an issue that often arises in public discourse. Constitutional amendment is a process of changing the constitution of a country. This process can have significant implications for state institutions, including the structure and function of state institutions, for example in Indonesia. The results of the analysis show that constitutional amendments can have positive and even negative implications for state institutions. In the reform era, amendments to the 1945 Constitution have resulted in significant changes in the structure of the country's higher institutions.

The Constitutional Court of Indonesia is a judicial institution with the authority to review laws against the 1945 Constitution of the Republic of Indonesia, resolve disputes between state institutions, decide on the dissolution of political parties, and adjudicate election result disputes. In exercising its authority, the Constitutional Court functions not only as the guardian of the constitution but also as a protector of human rights. This article aims to analyze how the procedural law of the Constitutional Court, as regulated under Law Number 24 of 2003 and its amendments, serves as a crucial instrument to ensure fair, transparent, and accountable proceedings in cases involving constitutional rights. This study adopts a normative juridical approach by examining legislation, legal doctrines, and Constitutional Court decisions that have had a significant impact on the protection of human rights. The analysis reveals that several rulings of the Court have expanded interpretations of human rights, although challenges remain regarding the consistency of procedural application and the effectiveness of decision enforcement. Therefore, strengthening the procedural law of the Constitutional Court is essential for ensuring the substantive and sustainable protection of human rights in Indonesia.  

The concept of sustainable development, despite its increasing frequency in international law literature, is too vague to be clearly defined and implemented. The concept of sustainable development appears in various documents withdifferent, even competing, themes and scopes. Rather than being a simultaneous manifestation of three dimensions: economic, social, and environmental, it is essentially an economic and environmental concept, and economic development is the primary priority for all countries, both developed and developing. By failing to fulfill their obligations to developing countries, developed countries have created an atmosphere of mistrust in establishing global sustainable development platforms. Overall, it appears that although the concept and idea of ​​sustainable development have gained widespread acceptance in international legal literature, and significant efforts have been made to assess the achievement of sustainable development, the unity of the three areas of economic development, social development, and environmental protection still faces challenges. There is a significant gap regarding the theoretical and practical position of sustainable development on the international stage and within the framework of international development law. The importance of this research lies in analyzing the constitutional protection of the right to sustainable development in the Iraqi Constitution and its compatibility with international standards. It also examines the legal and practical challenges facing Iraq, Egypt, and Jordan in implementing this right on the ground, and reviews the role of 2 governmental institutions and civil society in promoting and protecting the right to sustainable development.

One of the changes experienced by humans is communication technology. Along with the development of the era, communication technology has also developed massively until it reached the digital era like today. However, this development does not always have a positive impact. One of the negative impacts that arises is the violation of the right to privacy. The right to privacy that will be discussed is in the form of personal data. Legal problems related to personal data are one of them shown in the rampant buying and selling of personal data that occurred in Indonesia. The incident was suspected of being to attract the interest of marketing personnel. Through international instruments, the constitution, and its legislation, Indonesia has had a number of regulations related to the protection of the right to privacy in the form of personal data. However, of course, in its implementation there are still challenges and obstacles. The research method used in compiling this scientific article is the literature study method (normative juridical). Although Indonesia has many laws that regulate the protection of the right to privacy, regulations related to this matter have not yet fully succeeded in securing individual personal data properly.

Disputes over general election results (PHPU) at the Constitutional Court reflect the critical role of evidence in resolving electoral conflicts. However, in practice, there exists an imbalance in the evidentiary process between the disputing parties. This study aims to analyze such disparities using a normative juridical approach by examining laws and regulations, Constitutional Court decisions, and relevant legal literature. The findings indicate that evidentiary issues in PHPU are influenced not only by formal and material legal aspects but also by the political dynamics that accompany every electoral contest. Unequal access to evidence, disparities in evidentiary capacity among parties, and the Court’s limited ability to conduct active examinations exacerbate this imbalance. Additionally, political interests often influence perceptions of the independence of evidence and the objectivity of court decisions. Therefore, there is a pressing need to strengthen technical regulations on evidence, enhance the evidentiary capacity of disputing parties, and optimize the Constitutional Court’s role in maintaining balance in the evidentiary process. In conclusion, the imbalance of evidence in PHPU at the Constitutional Court stems not only from procedural weaknesses but also from the political interests surrounding the trial process. Reforming the evidentiary system is urgently needed to uphold the principles of electoral justice in Indonesia.

The highest sovereignty lies in the hands of the people and is carried out based on the Constitution". Likewise, Article 1 paragraph (3) which reads: "The State of Indonesia is a State of Law". Previously known as a state based on law (rechtsstaat). This concept is an elaboration of the Rule of Law concept, guided by the continental European legal system. From the perspective of understanding people's sovereignty, the highest sovereignty lies in the hands of the people. The highest power in the hands of the people is limited by the agreement that they themselves determine together which is stated in the rules of law which culminates in the formulation of the constitution as a product of the highest agreement of all the people. The democratic system as stated in Article 1 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia, that: "is marked by direct democracy by the people, from the people, and for the people". So the head of state who before the amendment was elected by the MPR RI has changed where he is elected directly by the people through the election of the president and vice president and even regional heads (regional elections). Government for the people means that the power given from and by the people to the government must be exercised for the benefit of the people.Therefore, there needs to be government sensitivity to the needs of the people and to the aspirations of the people which need to be accommodated and then followed up through the issuance of policies or through the implementation of government work programs. This paper uses normative legal research conducted with a statutory and conceptual regulatory approach which will later assess the Indonesian General Election in the Pancasila.