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Eviona Elshadai Margareth Hutapea; Trissa Lihayati Nur Laila

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Physical violence against journalists remains a serious threat that hinders the functioning of democracy in Indonesia. Law Number 40 of 1999 concerning the Press explicitly guarantees legal protection for journalists through Articles 8 and 9, which emphasize freedom from censorship and the right to seek and disseminate information. However, criminal law enforcement against perpetrators of physical violence has not been optimal, leading to a culture of impunity. This study uses a normative juridical approach by analyzing the Press Law regulations, the provisions of the Criminal Code on assault (Articles 351-355), as well as the theoretical basis of Satjipto Rahardjo's preventive-repressive legal protection and Moeljatno's law enforcement principles. The results of the study indicate a significant gap between strong legal norms and weak enforcement practices,  characterized by the dominance of mediation by the Press Council and a culture of impunity for perpetrators, often involving state apparatus. According to AJI reports from 2020-2025, there have been 84 to 89 cases annually, with only 15-20% processed criminally. The main obstacles include a lack of coordination between institutions, minimal awareness of law enforcement officials, victims' reluctance to report due to social pressure and fear of reprisals, and institutional solidarity among perpetrators. This impunity not only traumatizes journalists but also induces self-censorship, reduces investigative journalism quality, and weakens democratic checks and balances. Recommendations include revising the Press Law for stricter sanctions, enhancing law enforcement training, and establishing independent investigation teams under Komnas HAM to combat impunity effectively. 

Maskawati Maskawati; Muhammad Tryas Budi Firamulia; Burhanuddin Burhanuddin

Law and Justice research journal 2025 International Forum of Researchers and Lecturers

The state of law and democracy are two concepts that are interrelated in the mechanism of managing the government of a country. Democracy provides the foundation for creating equality and equality of rights for all citizens, while the state of law emphasizes that power in a country must be subject to the rule of law, not the will of a particular individual or group. This research is a normative legal research with a normative juridical approach that seeks to explore the harmony of legal rules with applicable norms. The results of the study show that from the colonial period to the reform era, a lot of progress has been made in strengthening the principles of the rule of law, both formally and substantially. The 1998 reform was a momentum that marked a strong commitment to make Indonesia a democratic country of law, where every citizen has rights and obligations protected by law. In Indonesia, democracy has gone through various phases from the parliamentary era, Guided Democracy, New Order, to the reform era that provides greater space for people's involvement.

Selma Nabila Azzahra; Imam Hakiki

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to answer the following questions: First, what are the concepts of the rule of law and democracy, and how are they related? Second, what is the concept of human rights and how does it relate to the rule of law and democracy in Indonesia? The method used in this study is normative legal research, focusing on the study of legislation and scientific literature on the rule of law, democracy, and human rights. The approaches used include a legislative approach to examine the provisions of the 1945 Constitution of the Republic of Indonesia and related regulations; a conceptual approach to examine the theory of the rule of law, the theory of democracy, and the theory of human rights; and a historical approach to trace the development of these three concepts in the Indonesian context. The research data was obtained from primary and secondary legal materials. The results of the study show that the concepts of the rule of law and democracy are two interrelated and inseparable principles. Both in the traditions of the rechstaat and the rule of law, respect for human rights is placed as a key pillar, which is now understood more broadly to include issues of freedom, social justice, and protection from arbitrariness. The relationship between human rights, democracy, and the rule of law affirms that the law must be the highest authority, with the constitution as its highest foundation. The supremacy of law is an important element in the practice of democracy because the constitution functions as a social contract that regulates power and guarantees the protection of human rights.

Ety Isworo; Yoon Tae-min

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

We give thanks to the presence of God Almighty because, by His abundant grace and blessings, this course material has been compiled as a form of commitment to instill and develop the noble values of Pancasila among the younger generation, especially students. In the midst of the tide of globalization bringing various changes and challenges, it is important for us to hold firmly to the fundamental values that serve as the identity and foundation of the Indonesian nation. Pancasila — as the state foundation and national ideology — should not only serve as a formal symbol of the nation, but must become a moral guide in attitude, thought, and action. In the context of a global society, students are required not only to be intellectually and professionally capable, but also resilient in upholding Pancasila-based national values. Through this material, it is hoped that students will be able to understand, internalize, and actualize the values of Pancasila concretely in campus life, social life, and even in the global sphere. Character education based on Pancasila becomes the key in shaping a generation who are integrous, empathetic, competitive, and uphold the values of humanity, democracy, and justice. In closing, may this material become a real contribution in shaping a young generation who are not only knowledgeable, but also have noble character — as a manifestation of the true Pancasila generation.

Haryoko Bambang Widjayanto; Yoga Tri Hartanto

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Indonesia constitutionally declares itself as a state based on the rule of law as mandated in Article 1 paragraph (3) of the 1945 Constitution after the amendments. This principle requires that governance and law enforcement be conducted under constitutional supremacy, legal certainty, equality before the law, and an independent judiciary. However, various political interferences, regulatory inconsistencies, and discriminatory legal practices continue to undermine these ideals. This research examines: (1) the effectiveness of the hierarchy of legislation and judicial review mechanisms by the Constitutional Court (MK) and the Supreme Court (MA) in preventing regulatory conflicts and discriminatory law enforcement; and (2) the extent to which the rule of law principle post-amendment has been manifested in equal protection before the law and judicial independence. Using a normative legal research method with statute, conceptual, case, and historical approaches, this study finds that although constitutional reforms have strengthened checks and balances and judicial authority, the persistence of selective and politically influenced law enforcement indicates that equality before the law has not been consistently implemented. Strengthening institutional integrity, improving regulatory harmonization, and ensuring the judiciary’s independence remain crucial to realizing Indonesia’s constitutional aspirations as a democratic state governed by the rule of law.

Abraham, Agustinus

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This research examines money politics as a root problem in Indonesia’s democratic system, focusing on the 2019 and 2024 general elections. Money politics refers to the practice of distributing cash or goods by candidates, campaign teams, or volunteers to influence voters’ political choices. This study employs a qualitative method with a literature study approach to analyze several cases that occurred across different regions in Indonesia. The findings reveal that money politics was widespread during both elections, with the main modus operandi involving the distribution of cash, basic goods, and facilities. This practice not only violates the principles of free and fair elections but also undermines citizens’ dignity, weakens popular sovereignty, and serves as a major driver of political corruption. Contributing factors include power ambition, vulnerable economic conditions, low political education, weak oversight, and entrenched transactional political culture. To address this issue, the research highlights the importance of political party reform and strengthening democratic education, particularly through civic education programs. These efforts aim to increase political awareness among citizens and improve the overall quality of Indonesia’s democracy.

Ramadhani Alfin Habibie; Ahmad Ahmad; Dody Wahyudi; Muhammad Aditya; Muhamad Hobiri +1 more

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The development of information technology has produced a significant transformation in election administration mechanisms, including within the City of Palangka Raya. The digitalization of various services and information systems requires the General Elections Commission (KPU) to enhance transparency while simultaneously ensuring the security of voter data and election results. This study aims to examine the key challenges faced by the Palangka Raya KPU in balancing the need for information openness with data protection in the digital era. The research employs a qualitative descriptive method through literature review, direct observation, and structured interviews with KPU staff, election supervisors, and relevant stakeholders. The findings indicate that digitalization improves the effectiveness of public information dissemination, including through the use of Sidalih and Sirekap, yet it also introduces vulnerabilities such as potential voter data breaches, cyberattacks, and the spread of disinformation through social media. Moreover, limitations in human resources with technological expertise serve as constraints in optimizing digital security. Conversely, the implementation of data security standards and improvements in voter digital literacy contribute to strengthening public trust in the election process. Thus, the Palangka Raya KPU needs to reinforce cybersecurity infrastructure, enhance internal technical capacity, and broaden public education programs to safeguard electoral integrity amid increasing transparency demands and digital risks. Collaboration among government, academia, and the community is a strategic element in maintaining the quality of democracy in the digital era.

Mega Arinda Pramessella; Tias Rahma Dewi; Revalyza Misbah; Nurdin Nurdin; Fullah Jumaynah

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The agrarian conflict in the Kendeng Mountains, Central Java, arose due to the construction of a cement factory by PT Semen Indonesia, which was supported by the state through the issuance of environmental permits, even though several permits had been revoked by court decisions. The local community rejected the project because it threatened their water sources, environment, and livelihoods. This study aims to analyze the relationship between the state, corporations, and civil society in the agrarian conflict in Kendeng, as well as the role of civil society movements in responding to this conflict. The research uses qualitative methods with a literature study of journals and related news reports. Using Karl Marx's theory of conflict and Charles Tilly's theory of social movements, the study finds that the state tends to side with corporate interests, while civil society continues to build resistance through collective action, legal advocacy, public campaigns, and ecofeminist movements. The Kendeng conflict reflects the imbalance of power relations and the weakness of substantive democracy in natural resource management. The need for increased transparency in licensing, community participation, and ecological protection are the main solutions.

Aziz Widhi Nugroho; Retno Eko Mardani; Rengga Kusuma Putra; Satriya Nugraha; Linda Ikawati +5 more

Jurnal Pengabdian Masyarakat dan Transformasi Kesejahteraan 2025 Lembaga Pengembangan Kinerja Dosen

A clear national insight can guarantee the achievement of national interests, both internally and externally. This means that national insight provides a clear picture and direction for the nation's survival, as well as the future development of the nation and state. The organization of national and state life must proceed on the basis of mutual agreement, namely Pancasila, the 1945 Constitution, the Unitary State of the Republic of Indonesia (NKRI), and Bhinneka Tunggal Ika (Unity in Diversity). Indonesia's existence as a state based on the rule of law (rechtstaat) based on Pancasila and the 1945 Constitution requires the development of Pancasila ideology and national insight as instruments that serve as catalysts or drivers in strengthening national insight and spirit, love of the homeland, democracy, legal awareness, respect for diversity, and participation in building a Pancasila-based nation in Wonogiri, especially among intellectuals. In accordance with its function, the Pancasila Ideology and National Insight Development organizes national, democratic, legal, multicultural and citizenship education to support the realization of citizens who are aware of their rights and obligations, as well as intelligent, skilled and have character so that they can be relied upon to build the nation and the Unitary State of the Republic of Indonesia.

Kallyca Puspa Ayu; Nazifa Ailuf Efendi; Rifai, Rifai; Zaky Walad

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the constitutional systems of Denmark and Sweden as two of the most stable and advanced models of modern constitutional monarchy in the world. While maintaining the institution of monarchy, both countries have successfully integrated the principles of parliamentary democracy, parliamentary supremacy, and strict limitations on executive power, so that the monarch plays a purely symbolic role in the state. Using a normative-comparative legal research method that focuses on the 1953 Danish Constitution and the 1974 Swedish Instrument of Government, this study traces the historical evolution, constitutional structure, mechanisms of government formation, legislative oversight, and the role of the judiciary in both countries. The results of the study show that Denmark has retained a number of historical formulations regarding the power of the king in the text of the constitution, but all of these powers are symbolic in nature because they are controlled by parliamentary convention. Sweden, through its 1974 reforms, opted for a more decisive model by explicitly removing all political roles of the monarchy. Despite differences in constitutional design, both countries share fundamental similarities in their egalitarian political culture, bureaucratic professionalism, political consensus, and parliamentary rule mechanisms that create governmental stability.Further analysis shows that the continuity of the monarchy in both countries is inseparable from peaceful historical transformation, the monarchy's ability to adapt to democratization, and its role as

Prioni Rahmanda Saputri; Yola Safitri; Imam Hakiki

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to answer two questions. First, why were there only single candidates in 37 regions in the 2024 simultaneous regional elections? Second, what are the risks of single candidates to democracy and the performance of political parties? The methods used are normative juridical methods with a legislative and conceptual approach. The research focuses on the phenomenon of single candidates in regional elections and its impact on democracy and the performance of political parties in Indonesia. The results of this study show that the phenomenon of single candidates in regional elections indicates weak local democracy and poor performance of political parties in carrying out their functions of regeneration and leadership recruitment. Elite domination, high political costs, and the strong influence of oligarchs make the nomination process non-competitive and reduce the space for alternative candidates. As a result, regional elections are only procedural without substance, widening the democratic deficit and opening space for local bossism and unhealthy power consolidation. If this condition continues, local democracy will move further away from the principles of openness, accountability, and fair competition.

Dhamar Ibrahim Kadista Putra; Sorayya Febby Kalkautsari; Moh. Faizin; Adhisti Muthia Syawali

Jurnal Pendidikan Anak Usia Dini dan Kewarganegaraan 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Pancasila, as the foundational ideology of Indonesia, plays a fundamental role in shaping a democratic system and ensuring the protection of human rights based on justice. From Yusril Ihza Mahendra’s perspective, Pancasila is not merely a normative ideology but serves as a political and legal paradigm that integrates the values of divinity, humanity, unity, democracy, and social justice into the practice of governance. According to Yusril, Indonesian democracy cannot be equated with Western liberalism, which emphasizes individual freedom; rather, it is a constitutional democracy grounded in the moral and spiritual foundations of Pancasila. The values of Pancasila position human rights in a balanced relationship between rights and responsibilities, as well as between individual and collective interests of the nation. Thus, democracy and human rights, in Yusril’s view, are integralistic—citizens’ freedoms are directed toward realizing social j  ustice and order in national life. This article aims to examine Yusril Ihza Mahendra’s thoughts on the relationship between Pancasila, democracy, and human rights, and their relevance within the context of Indonesia’s contemporary constitutional system.

Amaliya, Fadhilatul; Pembayun, Dewi Sekar; Roozan, Tiara Jelita Andalusianti; Aequo, Najwa Justitia; Fathiya, Anindya Rahma

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The 17+8 demands voiced by the public reflect the accumulation of disillusionment with various government policies and violations committed, especially by the House of Representatives (DPR). Policies that are considered unfair and detrimental to the public trigger a strong push to carry out reforms that are more democratic and oriented towards the interests of the people. Various factors such as human rights violations, lack of transparency and accountability, economic inequality, and polemics related to official allowances are the main triggers for the birth of these demands. The demands of 17+8 not only contain burdens or criticisms, but also contain short-term and long-term goals that can be the basis for improving governance. This momentum should be seen as a strategic opportunity to strengthen democracy, improve state-citizen relations, and restore public trust. If these demands are taken seriously, the government has the potential to reduce the legitimacy crisis and improve the quality of public services. On the contrary, ignoring such demands can deepen public distrust and worsen political stability. Thus, the demands of 17+8 are an important signal for the need for structural change and a real commitment to realizing a fairer, more transparent, and responsive government.

Koroh, Yan Agustinus; Hage, Markus Yohanis; Yohanes, Saryono

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The dominance of the political party elite (oligarchy) in Indonesia's representative democracy system has shifted the meaning and implementation of the constituent recall doctrine. Although Article 1 paragraph (2) of the 1945 Constitution affirms that sovereignty resides with the people, in practice the recall mechanism is not a constituent right, but rather the exclusive authority of political parties. This study uses a normative legal method with a legislative, conceptual, and comparative approach. The research data was obtained from primary legal materials (the 1945 Constitution, Law Number 2 of 2008 concerning Political Parties, Law Number 2 of 2011 on Amendments to Law Number 2 of 2008 on Political Parties, Law Number 7 of 2017 on General Elections,  Law Number 17 of 2014 on the MPR, DPR, DPD, DPRD (MD3), as well as secondary legal materials in the form of books, scientific journals, and opinions of constitutional law experts. The results of the study show conceptual reduction, namely the transfer of the people's right to revoke the mandate of their representatives to the parties, and categorical reduction, namely the narrowing of the function of recall to an internal party disciplinary tool. The applicable regulations, particularly MD3 Law, give excessive privileges to political parties, thereby severing the substantive relationship between representatives and constituents. This study proposes a participatory and accountable constituent recall   model, with the right of initiative in the hands of the people through public petitions, verification by an independent institution, and a final decision through a real election.

Ahmad Muhamad Mustain Nasoha; Nida Nur Hidayati; Latifah Rahmadani Oktaviana; Farah Aghnia Fauzia; Mutiara Dwi Rachmawati

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses Indonesia's national identity in the framework of citizenship using the perspective of Fiqh Siyasah. The background of this research is the importance of integrating Islamic values in strengthening a pluralistic national identity in the midst of the social, political, and cultural dynamics of modern society. The purpose of this study is to examine the relationship between the concept of modern citizenship and the principles of Fiqh Siyasah and its implications for strengthening national identity. The research method used is a qualitative study with a literature analysis approach, which allows the author to explore various classical and contemporary sources related to the concept of citizenship in Islam and its application in Indonesia. The results of the study show that the values of Fiqh Siyasah, such as justice, benefit, and unity, can be a moral and ethical foundation in strengthening Indonesia's inclusive, democratic, and equitable national identity. In addition, its implementation can strengthen the sense of responsibility of citizens in maintaining the stability of the nation. The conclusion of the study emphasizes the importance of collaboration between Islamic thought and national principles to build a sustainable national identity that is adaptive to the changing times.

Agus Rustamana; Vyrna Azizah Wahda; Dela Anggraini; Nenden Ranti Ramadhani; Muhamad Lookman Hakim Riyanto +2 more

Jurnal Insan Pendidikan dan Sosial Humaniora 2025 International Forum of Researchers and Lecturers

This study aims to understand and analyze the long journey of Banten Province, from its formation process to the political and governmental developments that have taken place within it. We used a historical-analytical qualitative approach with the aim of providing an in-depth analysis of the long journey of Banten Province. The issues studied range from the formation process of Banten to the political and governmental developments that have taken place within it. The results of our research show that the formation of Banten Province as part of decentralization and regional autonomy has not been entirely successful in eliminating the dominance of political dynasties. This practice limits the space for community participation and strengthens political oligarchy, so efforts need to be made to increase and provide community participation in the political dynamics in Banten and strengthen local democracy. This study suggests that efforts are needed to increase community participation, strengthen local democracy, and overcome political dynasties in order to improve the welfare of the people of Banten.

Nur Kholifah; Ikhsan Syaiful; Fadhiela Abhista; M.Sigit; Aulia Melani

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

The digital era has significantly transformed the way Indonesian society communicates, accesses information, and builds social interactions. These rapid changes have created new challenges for strengthening the values of Pancasila, especially as digital platforms increasingly become spaces where misinformation, hate speech, intolerance, and extreme polarization emerge. This study examines the relevance of Pancasila in guiding ethical behavior within the digital environment and highlights the strategic role of young people as key actors in maintaining national identity and moral integrity. Using a descriptive qualitative approach and literature analysis, the study finds that Pancasila remains highly relevant in addressing technological, social, and cultural disruptions. The values of divinity, humanity, unity, democracy, and social justice are essential for promoting responsible digital citizenship, fostering tolerance, encouraging critical thinking, and strengthening social cohesion. The study concludes that strengthening Pancasila-based digital ethics requires collaboration among the government, educational institutions, digital platforms, and society to ensure that digital transformation aligns with national moral foundations.

Muhammad Rahmadian; Insan Tajali Nur; Poppilea Erwinta

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines the legal issues of single candidates in the 2024 Samarinda City Regional Elections, focusing on the reasons political parties support single candidates and their impact on the quality of democracy and public participation. The phenomenon of single candidates is viewed as a democratic anomaly because it weakens the essence of political competition. The study uses a non-doctrinal method with primary materials in the form of interviews and legislation, as well as secondary materials from articles and scientific literature. The research results indicate three main factors driving political parties' support for a sole candidate: (1) the high electability of the incumbent, which creates psychological effects and political pragmatism; (2) the nomination threshold provisions that limit the number of potential candidates; and (3) the alignment of party vision and mission with the candidate, making political coalitions easier to form. The implications of this phenomenon affect two aspects. First, the substance of democracy is reduced because the people's choices become limited. Second, public participation may decrease due to the lack of competition, which results in low voter enthusiasm. This study emphasizes the need for more inclusive regulations to ensure healthy local election competition and to support the strengthening of legal and political systems to ensure that the nomination process reflects fairness and the people's aspirations broadly.

Raymundus Anthony Samadi

Studi Administrasi Publik dan ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This paper analyzes the relevance of the Frankfurt School’s Critical Theory in shaping public policy in Indonesia’s trade sector, particularly in the context of implementing Law Number 7 of 2014 on Trade. Using key concepts of Critical Theory—such as alienation, reification, instrumental rationality, and emancipation—this study evaluates how the structure of modern political economy can generate social inequality, the marginalization of small business actors, and the dominance of market-driven logic in national trade practices. A thematic analysis approach based on a literature review is employed to examine relevant scholarly works, including theories from Adorno, Horkheimer, Habermas, and contemporary critical theorists. The findings indicate that trade policies tend to be technocratic, efficiency-oriented, and insufficiently reflective of economic democracy, social justice, and empowerment principles for grassroots economic actors as mandated by the constitution. Such conditions reproduce structural injustices, particularly for MSMEs, which are often marginalized within a competitive trade system dominated by large capital. Therefore, more inclusive, participatory policy designs that are sensitive to structural inequalities are urgently needed. This study concludes that Critical Theory serves as a robust conceptual framework for analyzing power relations within the trade sector while also offering a transformative direction for policy development. Strengthening deliberative public spheres, enhancing MSME protection, and transforming power relations are essential steps toward achieving trade policies that are fairer, more humanistic, and emancipatory.

Putra, Dhamar Ibrahim Kadista; Kalkautsari, Sorayya Febby; Syawali, Adhisti Muthia; Moh. Faizin

Jurnal Pendidikan Anak Usia Dini dan Kewarganegaraan 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Pancasila, as the foundational ideology of Indonesia, plays a fundamental role in shaping a democratic system and ensuring the protection of human rights based on justice. From Yusril Ihza Mahendra’s perspective, Pancasila is not merely a normative ideology but serves as a political and legal paradigm that integrates the values of divinity, humanity, unity, democracy, and social justice into the practice of governance. According to Yusril, Indonesian democracy cannot be equated with Western liberalism, which emphasizes individual freedom; rather, it is a constitutional democracy grounded in the moral and spiritual foundations of Pancasila. The values of Pancasila position human rights in a balanced relationship between rights and responsibilities, as well as between individual and collective interests of the nation. Thus, democracy and human rights, in Yusril’s view, are integralistic—citizens’ freedoms are directed toward realizing social j  ustice and order in national life. This article aims to examine Yusril Ihza Mahendra’s thoughts on the relationship between Pancasila, democracy, and human rights, and their relevance within the context of Indonesia’s contemporary constitutional system.