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Edi Wakhyudin, Selsyah Saputri; Alifah, Farah Nur; Sirli Dwianda; Shabira Aisyah; Dhealinda Jasmine +6 more

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the implementation of integrity and ethics among Civil Servants (ASN) in public service delivery at the 5 Ilir Subdistrict Office in Palembang City. The 5 Ilir area, which is located in an urban setting with high population density and dynamic socio-economic activities, requires subdistrict officials to provide fast, responsive, and citizen-oriented services. The study adopts a qualitative approach using purposive sampling, designating the Head of the Subdistrict as the key informant. Data were collected through semi-structured interviews, direct observation of administrative service processes, and document analysis. Data analysis was conducted using a descriptive qualitative method to identify practices, values, and mechanisms related to the enforcement of integrity and ethics in public services. The results indicate that the implementation of integrity and ethics at the 5 Ilir Subdistrict Office is reflected in transparent standard operating procedures, an open queuing system, routine briefings, internal and external supervision mechanisms, and responsive leadership in addressing community issues, including the resolution of social conflicts and flood mitigation. The existence of a legal aid post further strengthens public access to justice. The enforcement of integrity is not merely normative but is systematically implemented through regulations, organizational culture, and oversight mechanisms. This study recommends strengthening the digitalization of public services as a strategy to enhance transparency, accountability, and service quality at the subdistrict level.

Christian Dody Diori Marbun

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Criminal law policy in Indonesia saw significant modifications with the adoption of the new Criminal Code (KUHP), particularly with regard to the regulation of cohabitation and adultery. Because it directly affects people's private life and may have an impact on human rights protection, this arrangement has sparked discussion in the community. This study intends to investigate the application of the penal provisions of adultery and cohabitation in the new penal Code and examine its consequences for the protection of human rights. The research method applied was normative legal research with a legislative, conceptual, and human rights approach. The study's findings show that the regulation and implementation of laws relating to adultery and promiscuity can lead to issues in law enforcement, particularly those relating to the right to privacy, the proportionality of punishment principle, and the potential for actual abuse of power. The conclusion of this study underlines the necessity for the judicial implementation of the law and geared towards the protection of human rights, as well as the examination of criminal law policies to be in line with the ideals of the rule of law, democracy, and respect for individual freedom.

Josafat Christopher; Nuri Kaerani Kamil; Selly Nuraini; Sri Mulyeni

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Learning English as a Foreign Language English as a Foreign Language still faces various linguistic and psychological challenges, both in school-age and adult learners, such as limited vocabulary mastery, pronunciation difficulties, and low confidence in the use of English orally. This condition is exacerbated by affective factors in the form of anxiety and fear of making mistakes. This article aims to examine the use of songs as a learning medium that is able to create a fun learning atmosphere, while improving learners' English skills. This study uses a descriptive qualitative approach with data collection techniques in the form of semi-structured interviews to explore learners' perceptions and experiences related to the effectiveness of songs in English language learning. Meanwhile, the data were analyzed thematically to identify patterns of learning experiences, especially in terms of vocabulary mastery, classroom atmosphere, and confidence level. The results showed that the integration of songs in English learning was highly motivating in the active involvement of learners. Where the repetition of lyrics combined with melodies helps to strengthen vocabulary retention in long-term memory, as well as facilitate the imitation of pronunciation, intonation, and rhythm of language naturally. At the same time, it creates a relaxed and fun learning atmosphere, thereby lowering psychological barriers as described in the Affective Filter Hypothesis. Thus, songs are an integrative learning medium that is effective in bridging the academic needs and emotional comfort of learners, and is relevant to support the development of listening and speaking skills in English learning across ages.

Iklima Aulia; Tsabita Isyifa Ramadhani; M Fadlurrohman Al Husni; Sri Mulyeni

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Bullying is a form of aggressive behavior that is intentionally and repeatedly carried out, characterized by an imbalance of power between the perpetrator and the victim. This phenomenon is not limited to childhood and adolescence but may also produce long term effects that extend into adulthood, including among university students. This study aims to explore the long term impact of bullying on victims’ mental health, with a particular focus on students who have experienced bullying in the past. The study employed a descriptive qualitative method using a literature review approach. Data were obtained through a comprehensive analysis of scientific articles, national and international journals, and previous studies related to bullying and mental health. The findings show that victims of bullying face a higher risk of psychological problems, such as depression, anxiety, post traumatic stress disorder or PTSD, low self esteem, and difficulties in social interactions. These effects influence not only emotional well-being but also academic functioning, including reduced concentration, decreased learning motivation, and lower academic performance. In addition, prolonged psychological stress resulting from bullying may lead to physical problems, such as sleep disturbances and somatic complaints. Factors including limited social support, maladaptive coping strategies, and high intensity or prolonged exposure to bullying were found to intensify the negative impacts experienced by victims. Therefore, this study emphasizes the importance of comprehensive prevention and intervention efforts in higher education settings, such as the provision of accessible counseling services, the implementation of strict anti bullying policies, and the strengthening of social support systems to minimize the long-term mental health effects of bullying among university students.  

Immoto Qoonita Naflah Maulana; Siti Dhiya Tiara; Keysyah Aulia Hidayat; Sri Handayani

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the consistency of judges' legal reasoning in deciding land ownership disputes and its implications for the fulfillment of the principle of legal certainty. The primary focus of this study is directed at Decision Number 16/PDT/2020/PT PLG, where differences in legal perception or evidentiary evaluation occurred at the appellate level. Land disputes are a crucial issue that requires legal firmness to avoid uncertainty for justice seekers. The research method used is normative legal research with a case approach and a statutory approach. Data were sourced from secondary data consisting of primary, secondary, and tertiary legal materials, analyzed qualitatively. The results show that the consistency of the judges' reasoning in Decision Number 16/PDT/2020/PT PLG depends heavily on the accuracy of assessing evidence, particularly documentary evidence (certificates) and witness testimony. Inconsistency between factual considerations and the application of legal norms has the potential to undermine the principle of legal certainty. This study concludes that strengthening the standards of legal reasoning based on the principle of ex aequo et bono and adherence to civil procedural law is absolutely necessary so that judicial decisions do not only resolve disputes procedurally but also provide certainty of ownership rights for thelitigating parties.

Kelfin Dulung; Ismet Sulila; Yacob Noho Nani

Kajian Administrasi Publik dan ilmu Komunikasi 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the implementation of the Village Fund (Dana Desa/DD) Program in Tote Village, Bolangitang Barat Subdistrict, North Bolaang Mongondow Regency. The study focuses on the implementation of the Village Fund policy as viewed from several aspects, namely (a) organizational capacity, (b) information dissemination, (c) community support, and (d) the distribution of village potential This study employed a qualitative, descriptive research approach Data sources were obtained through in-depth interviews with village officials and community members, supported by observation and documentation The results showed that the implementation of the Village Fund Program in Tote Village has not been fully optimal This is indicated by the lunited organizational capacity of village apparatus, uneven dissemination of information to the community, and relatively low community participation and support in several Village Fund programs. In addition, the distribution of village potential in program implementation has not been entirely well-targeted. Nevertheless, the Village Fund Program has contributed positively to infrastructure development and the economic empowerinent of the village community. It can be concluded that improving the implementation of the Village Fund Program requires strengthening village officials capacity, enhancing transparency and information dissemination, and actively involving the community in the planning, implementation, and supervision of the program.

Norwanda Norwanda; Wulan Sri Wahyuni; Nadia Irani

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the role of local governments in improving the quality of public services as part of an initiative to achieve responsive governance that prioritizes the public interest. This study departs from the limitations of previous research, which tends to focus on the technical aspects of service quality, while the strategic role of local governments as the primary actors in improving the quality of public services remains underexplored. The purpose of this study is to analyze the role of local governments in improving the quality of public services and identify factors influencing the optimization of this role. The method used in this study is a qualitative approach through a literature review analyzing various secondary sources such as scientific books, national and international journals, regulations, and reports from relevant official institutions. The study findings indicate that local governments play a significant role in improving the quality of public services through three main dimensions: a community-focused service orientation, technology-based service innovation, and strengthening inclusive and collaborative service management. The integration of these three dimensions supports more efficient, transparent, and responsive public services to community needs. This research provides a conceptual contribution to the field of public administration, emphasizing the importance of strengthening the role of local governments as a key factor in sustainably improving the quality of public services.

Anandra Triwidodo; Riri Maria Fatriani; Wahyu Rohayati; Dimas Subekti

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sexual violence against children in Jambi City continues to show a fluctuating trend, with 32 cases in 2022, decreasing to 24 in 2023, and increasing again to 33 in 2024. This condition emphasizes the importance of strengthening cross-sector case handling between the UPTD PPA Jambi City and the Jambi Police in cases of sexual violence against children. This study aims to analyze the division of labor between the two institutions using the coordination theory according to Hasibuan (2006), which includes indicators of unity of action, communication, division of labor, and discipline. The method used is a qualitative approach through in-depth interviews, documentation, and data triangulation to ensure the validity of the findings. The results show that coordination between the UPTD PPA Jambi City and the Jambi Police has generally been running well, especially in the aspects of unity of action and discipline, as reflected in the alignment of goals and a fairly rapid response in handling cases. Communication between the two agencies has also been ongoing through formal and informal channels to expedite case response. The division of labor has been aligned with each agency's respective authority, with the UPTD PPA focusing on victim assistance and psychological support, while the police handle law enforcement. However, the lack of formal SOPs and MoUs poses a barrier to strengthening sustainable institutional integration. The implications of this research emphasize the need to strengthen formal mechanisms, regular evaluation forums, and formal cooperation agreements to enhance effective coordination and comprehensive protection for child victims.

Musa Agustinus; Munawar Noor; Sumarmo Sumarmo

International Journal of Social Sciences and Communication 2026 International Forum of Researchers and Lecturers

This study examines the implementation of Papua Special Autonomy in the context of the relocation policy affecting indigenous betel nut vendor women in Sorong City, using an interpretative perspective. The research focuses on how betel nut women vendors understand and experience the relocation policy as indigenous actors directly affected by public policy. The objective of this study is to explore the meanings, experiences, and interpretations constructed by these women in relation to relocation policies under the framework of Papua Special Autonomy.  This research employs a qualitative method with an interpretative approach, utilising in-depth interviews, field observations, and document analysis. The findings reveal that the relocation policy has not fully reflected the core principles of Special Autonomy, particularly in protecting, empowering, and recognising the rights of indigenous Papuans. The women vendors interpret relocation not merely as an urban spatial arrangement, but as a restriction on their economic space and socio-cultural identity.  This study contributes theoretically by enriching the discourse on Special Autonomy from the perspective of local actors, and practically by offering policy recommendations for more inclusive, participatory, and culturally sensitive relocation policies in Papua.

Umi Kayatun; Aris Toening W; Permadi Mulajaya

International Journal of Social Sciences and Communication 2026 International Forum of Researchers and Lecturers

This study aims to analyze the role of Islamic Religious Counselors as street-level bureaucrats in implementing Islamic Community Guidance policies in Batang Regency. The study used a mixed-methods approach with a sequential explanatory design, beginning with the collection and analysis of quantitative data and then deepening with qualitative data. Quantitative data were obtained from 53 respondents using a questionnaire that was tested for validity and reliability. In contrast, qualitative data were collected through in-depth interviews, observations, and documentation with religious counselors, Ministry of Religious Affairs officials, the KUA (Office of Religious Affairs), and the community. Data analysis was conducted descriptively and analytically using Michael Lipsky's street-level bureaucracy theory as an analytical framework. The study's results indicate that the role of Islamic Religious Extension Workers as street-level bureaucrats is positively and strongly associated with the successful implementation of the Islamic Community Guidance policy (r = 0.826; p < 0.01). Qualitative findings revealed that extension workers exercise discretion in the form of community assistance, adjustments to extension methods, strategic flexibility, and responsiveness to socio-religious issues at the local level. This study confirms that the effectiveness of Islamic Community Guidance policies is not determined solely by formal policy design but is highly dependent on the capacity, flexibility, and discretion of Islamic Religious Counselors, the implementing actors at the field level. These findings provide theoretical contributions to the development of street-level bureaucracy studies in the context of religious policy, as well as practical implications for formulating more contextual and responsive policies.

Nazvia Alyssa Dwi Utami; Amanda Amanda; Moulyta Elgi Trinanda

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Industrial development in Indonesia has significantly contributed to national economic growth; however, it also poses potential risks of environmental pollution when corporate waste management is not conducted properly. Environmental pollution resulting from corporate waste activities may cause harm to surrounding communities, including health problems, ecosystem degradation, as well as material and immaterial losses. In this context, the class action mechanism serves as a relevant legal instrument to collectively advocate for the rights of affected communities. This study aims to analyze the implementation of the class action mechanism in environmental pollution cases based on Decision Number 29/Pdt.G/2023/PN.Skh and to evaluate its effectiveness in providing legal protection and restoring the rights of affected communities. This research employs normative legal research using statute approach, case approach, and conceptual approach. The findings indicate that the class action mechanism in the aforementioned decision fulfilled the requirements of numerosity, commonality, typicality, and adequacy of representation as regulated under Supreme Court Regulation (PERMA) Number 1 of 2002. Procedurally, the class action proved effective in enhancing access to justice, ensuring judicial efficiency, and strengthening the protection of the constitutional right to a good and healthy environment. However, its substantive effectiveness remains dependent on the fulfillment of formal requirements, the quality of evidence presented, and the consistent application of environmental law principles by judges. Therefore, the class action mechanism constitutes an important instrument in environmental law enforcement, yet it requires consistent regulatory support and judicial practice to achieve optimal ecological justice.

Suratni, Suratni; Yuliana, Refi; Azir, Ince Dian Aprilyani

International Journal of Educational Sciences and Languages 2026 International Forum of Researchers and Lecturers

In contemporary higher education, English for Specific Purposes (ESP) is increasingly expected to prepare learners for meaningful professional participation rather than isolated linguistic performance. Nevertheless, ESP pedagogy has often remained predominantly skill-oriented, with limited conceptual integration of pedagogical innovations such as project-based learning and digital learning. This study presents a systematic literature review of 40 peer-reviewed studies examining how ESP pedagogy is being reframed as situated professional practice through the integration of project-based and digital learning. Following the process of thematic synthesis, the review provides an examination of what ESP learning is perceived to be, how it is conducted and how it is evaluated in different disciplines and countries. Results show a marked pedagogical transition from a language-centric approach to one that incorporated more authenticity, collaboration and professional concern. Reported learning attainments go beyond language to cover professional capability, digital literacy, autonomous learning and identity development. Project-based learning authenticates language use in professional workflows, and digital learning environments support multimodal communication reminiscent of the way people work today. This review contends that in combination, these perspectives re-conceptualise the pedagogical nature of ESP as a type of applied professional education ’realised’ within particular social, institutional and discipline specific contexts. By synthesizing empirical evidence across settings, the study offers a conceptual reframing of ESP pedagogy and outlines implications for curriculum design, assessment, and future research in higher education and the social humanities.

Asa Maghriza; Marwan Suliandi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study analyzes the juridical issues related to the implementation of criminal sanctions below the statutory minimum, as reflected in Cassation Decision Number 7853/K/Pid.Sus/2024. The focus of this research centers on the tension between the rigid provisions of Article 111 paragraph (1) of Law No. 35 of 2009 concerning narcotics and the reality of judicial practice, which often deviates from these provisions. This phenomenon raises debates regarding the extent to which the principle of legality can be compromised in pursuit of justice without undermining the pillar of legal certainty within Indonesia’s criminal justice system. Using a normative legal research method with a statutory and case study approach, this study qualitatively analyzes judges’ considerations. The findings indicate that, although the policy of imposing sentences below the minimum carries the risk of creating legal uncertainty, the Supreme Court in this case reinterpreted the principle of legality. Judges tend to prioritize proportionality and substantive justice to avoid purely mechanical punishment. The study concludes that, while judicial discretion represents a concrete expression of judicial independence, such practice requires clearer normative parameters. Without explicit regulation, deviations from the statutory minimum risk widening disparities in judicial decisions. Therefore, standardized sentencing guidelines are necessary to preserve legal integrity while maintaining a sense of justice for defendants.

Safitri, Alya Kurnia; Kartinawati, Erwin; Rahmat Wisudawanto

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

Competition in the media business is increasingly difficult as the number of online media grow and access to news becomes easier. Each media strives to maintain its existence and remain the public's preferred source of information, including Good News from Indonesia (GNFI). This article discussed GNFI's strategy through the application of search engine optimization (SEO) techniques and the challenges encountered in SEO update. Data were collected through observation, interview, and document review from January to August 2025. The results show that GNFI applied on-page and off-page SEO techniques as a strategy to increase visibility in search engines. The presence of an AI Overview posed a challenge in itself, as it could reduce the number of click view the news portal. The application of SEO techniques was not only a technical optimization strategy but also a form of media adaptation to the changing digital journalism landscape influenced by technological advances. 

Hadi, Bagus Dharmawan; Amri, Fauzan; Westari, Dwianti; Agung Adhi Nugraha; Naufal Bayu Pamungkas +1 more

Jurnal Pengabdian Kepada Masyarakat 2026 Pusat Riset dan Inovasi Nasional

The rapid development of technology in the era of the Industrial Revolution 4.0 has driven the education sector to continuously adapt to the evolving demands of digital-based industries. One of the key technological innovations supporting this transformation is the Internet of Things (IoT), which enables data acquisition, real-time monitoring, and remote control of systems through internet networks. In response to these developments, a community service program was conducted to enhance the understanding and technical skills of students at SMK Negeri 1 Sindang through the provision and utilization of an IoT Trainer Kit Simulator as a practical learning medium. This activity aimed to bridge the gap between theoretical knowledge and industry-relevant technological applications by introducing students to hands-on IoT system implementation. The program included demonstrations and guided practice on the use of sensors, microcontrollers, and web-based monitoring platforms to simulate real-world industrial scenarios. The results indicate that students showed high enthusiasm and active participation throughout the activity. Moreover, participants were able to grasp the fundamental concepts of IoT systems, understand component integration, and recognize the relevance of IoT applications in supporting automation and digital transformation. Overall, this community service activity contributed positively to strengthening students’ digital competencies and preparedness for the demands of the contemporary industrial and technological landscape.

Fahrudin Fahrudin; Karmanis Karmanis; Charis Christiani

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the effectiveness of public service policy implementation at the Regional Technical Implementation Unit of the Freshwater Fish Cultivation Center (UPTD BBIAT) in Pekalongan Regency, focusing on the influence of service quality on fish farmers' satisfaction mediated by trust. The research employs a mixed-methods approach with a concurrent embedded design, combining a survey of 40 fish farmers and in-depth interviews with 5 key informants from the UPTD and Agency levels, along with observation and document analysis. The theoretical framework is built on New Public Service Theory, Policy Implementation Theory, and the SERVQUAL, trust, and public satisfaction concepts. The research findings indicate that all three variables are in the high category with robust and significant positive correlations: service quality with trust, service quality with satisfaction, and trust with satisfaction. Trust has been shown to play a strong mediating role in the relationship between service quality and fish farmers' satisfaction. The assurance and empathy dimensions are the strengths of UPTD BBIAT, while tangibles and reliability require improvement through infrastructure modernization and enhanced consistency in seed availability. Theoretically, this research confirms the applicability of the SERVQUAL model and trust theory in the context of public services in the fisheries sector. In practice, it provides strategic recommendations to improve policy implementation effectiveness through infrastructure strengthening, human resource development, service digitalization, and enhanced institutional coordination.

Muhammad Faris Maulana; Rini Werdiningsih; Karmanis Karmanis

International Journal of Social Welfare and Family Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the implementation of the Free Nutritious Meal Program through a collaborative governance framework in Kendal Regency using a mixed-methods approach with a convergent parallel design. Quantitative data collected from 34 respondents were analyzed using descriptive statistics and Pearson correlation analysis, while qualitative data obtained from five key informants were analyzed thematically. The results reveal very strong and statistically significant correlations (p < 0.001) among cross-sectoral coordination, stakeholder roles, community participation, and accountability–transparency, indicating that collaborative synergy is a decisive factor in successful policy implementation. The Kruskal–Wallis test indicates consensus across professional groups (p> 0.05). However, qualitative findings uncover a paradox of coordination without communication: implementers internalize coordination as a functional operational reality, while beneficiaries experience informational alienation. The resulting collaborative configuration can be characterized as technocratic–instrumentalist—technically effective yet weak in terms of social legitimacy. This study underscores that implementing social policy requires collaborative governance that is not only coordinative but also communicative and deliberative. Policy implications include strengthening dialogic public communication, transforming consultative participation into deliberative engagement, and promoting participatory transparency to foster shared understanding between bureaucratic systems and program beneficiaries.

Raden Rara Hapsari Tunjung Sekartaji; Nur Mailinda

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The phenomenon of recidivism in narcotics crimes indicates that the rehabilitation and punishment approaches applied have not been fully able to prevent recurrence of crimes. This study aims to analyze the effectiveness of law enforcement against recidivists in narcotics crimes in two court decisions, namely Decision Number 154/Pid.Sus/2018/PN Yyk and Decision Number 51/Pid.Sus/2020/PN Tte. Case studies are used to assess the effectiveness of law enforcement, especially against perpetrators who have previously undergone rehabilitation but have re-committed crimes with more complex roles. This study uses a normative legal method with a statutory approach and a case approach, which are analyzed qualitatively based on law enforcement theory and the objectives of punishment. The results show that normatively there are regulations on rehabilitation and increased sentences for recidivists, but their effectiveness is not optimal, partly due to the lack of post-rehabilitation regulations that are expressly regulated in the law and the lack of integrated data systems between rehabilitation institutions and the courts. This condition causes rehabilitation to not fully function as a preventive instrument against recurrence of crimes. This study recommends strengthening post-rehabilitation regulations and integrating information systems between agencies as part of a more preventive and sustainable criminal law policy reform.

Ryan Sukma Wibawa; Fence M. Wantu; Dian Ekawty Ismail

International Journal of Law, Crime and Justice 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The purpose of the study was to analyze the legality and limits of police repressive actions against protests that resulted in riots. This type of research is normative legal research with a legislative approach, a case approach and a conceptual approach. The analysis used in this study is an analytical descriptive technique. The results of the research show that the law is always used as a guideline in limiting all citizens' behavior to stay on the right path. Protests often lead to riots, destruction of public facilities, attacks on officers, and violations of public order, so that there is a criminal threat for protesters who do not maintain order and security. The regulation of police repressive actions in protests that result in chaos still needs special refinement in the context of protests, among which the substance of repressive actions must also harmonize technological developments and digitalization in security maintenance. The rules need to be updated by adding objective indicators of threats, public accountability mechanisms, transparent documentation obligations, measurable proportionality standards, and room for recovery for victims of abuse of power.

Lusia Indrastuti; F.X. Hastowo Broto Laksito

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

The doctrine of open legal policy is a jurisprudential construction of the Constitutional Court that provides space for lawmakers to formulate norms as long as they do not contradict the 1945 Constitution of the Republic of Indonesia. Nevertheless, the application of this doctrine in the practice of law testing has raised various constitutional problems, particularly concerning the limits of authority between legislators and the Constitutional Court, as well as the protection of citizens' constitutional rights. This research aims to analyze the concept and construction of open legal policy within the Indonesian constitutional system and to formulate the constitutional limits of its application in Constitutional Court decisions. This research is a normative legal study with an approach based on legislation, a conceptual approach, and a case approach. The legal materials used include the 1945 Constitution, relevant legislation, and pertinent Constitutional Court decisions. The research results indicate that open legal policy cannot be interpreted as absolute freedom for lawmakers, but must be limited by the principle of constitutional supremacy, protection of constitutional rights, and the principle of proportionality as reflected in Article 28J paragraph (2) of the 1945 Constitution. The ambiguity of the parameters for applying this doctrine has the potential to cause inconsistencies in rulings and disrupt legal certainty. Therefore, a more precise and consistent formulation of constitutional limits is necessary to maintain the balance between representative democracy and constitutional oversight.