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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.

Historically, water resource management in Indonesia has faced significant complexities, often dominated by commercialization and investment-oriented policies that threaten the fundamental rights of farmers. The Constitutional Court’s decision to annul the previous Water Resources Law marks a crucial turning point, demanding a comprehensive policy reformulation. This entails a shift from a market-based paradigm to one grounded in human rights and social welfare, reaffirming state sovereignty over water for the prosperity of the people. The urgency of this reformulation is compounded by the imminent threat of climate change, which introduces high uncertainty into the hydrological cycle—manifesting as extreme droughts and floods—thereby directly impacting the agricultural sector. This research aims to formulate a climate-adaptive water resource management policy that secures the priority rights of farmers. Employing a Normative Legal Research Method with Statutory and Conceptual Approaches, the findings present a new, holistic legal and institu-tional framework. This framework centers on two pillars: first, the firm assertion and absolute legal protection of irrigation water allocation for farmers, even during periods of scarcity; and second, the adoption of a Climate-Adaptive Governance Model. This governance model integrates a unified climate monitoring system, resilient water infrastructure, and the empowerment of Water User Associations (P3A) at the grassroots level to independently respond to shifting climate patterns. This reformulation is essential for achieving water management that is just, sustainable, and effective in maintaining national food security

This article examines the limitation of transparency within the Indonesian House of Representatives (DPR) during the formulation of the Job Creation Act (Law No. 11 of 2020) and its implications for legislative performance and public participation. Transparency represents a fundamental requirement in a democratic legal system as it ensures accountability, public oversight, and the legitimacy of legal products. However, the legislative process of the Job Creation Act demonstrated significant procedural issues, including inconsistent draft versions, restricted access to essential documents, accelerated deliberation, and the marginalization of meaningful public participation. This study highlights how these limitations hinder the public’s constitutional rights, weaken legislative oversight, and create asymmetrical power relations that enable elite dominance in policymaking. The lack of transparency also led to procedural defects acknowledged by the Constitutional Court, reflecting a systemic decline in democratic legislative practices. Using a normative juridical method supported by legislative analysis and doctrinal studies, this paper argues that the absence of transparency not only reduces the quality of participation but also erodes the legitimacy and accountability of the DPR. The findings emphasize the urgent need for open access to legislative documents, inclusive public consultation, and strengthened accountability mechanisms to ensure democratic and lawful policy making.  

Intellectual Property Rights (IPR) have the potential to be recognized as an object of Rahn Tasjily collateral because they meet the criteria of property that can be transferred in accordance with the principles of muamalah in Islamic banking. However, its implementation faces legal challenges, particularly related to the dualism between the provisions of Fiduciary Guarantee (UUJF), which contains potential riba and gharar, and the DSN-MUI Fatwa No. 68/2008, which rejects such non-Sharia elements. This study aims to analyze the position of IPR as marhun according to the principles of muamalah and to identify substantial barriers in its application in Islamic Financial Institutions (LKS), particularly in the aspects of valuation and execution. The method used is normative law with an approach to regulations and concepts, analyzed descriptively and qualitatively using secondary data. The study concludes that the conflict between UUJF and Rahn Tasjily, the high risk of gharar in valuation, and the delays in execution due to the Constitutional Court's decision, highlight the urgent need for OJK and DSN-MUI to issue technical regulations to harmonize and mitigate risks in accordance with Sharia principles.

Constitutional Court (MK) “Decision Number 60/PUU-XXII/2024 marks an important shift in the practice of judicial review, whereby the Constitutional Court not only invalidates legal norms, but also establishes new substantive norms in cases involving open legal policy. This action reflects the tendency of positive legislature, which theoretically expands the scope of judicial authority beyond the limits of negative legislature. This study aims to analyse the implications of this ruling on the legislative function of Indonesia Parliament (DPR), particularly in the context of its constitutional responsibility to respond to and accommodate new norms established through court rulings. Using normative legal research methods and a conceptual approach, this study finds that the DPR's suboptimal institutional response to the substance of the ruling indicates serious challenges in harmonising the constitutional system that guarantees the effectiveness of norms, legal certainty, and the principle of checks and balances. This study contributes to proposing a model of inter-institutional coordination or parameters for the judicialisation of norms to ensure the balance of power, as well as criticising and clarifying the boundaries of the roles of each state institution in the context of corrective legislation based on judicial decisions.

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.

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

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.

Advocates are law enforcers whose professionalism depends on a structured organization. Following Constitutional Court Decision No. 112/PUU-XI/2013, advocate organizations in Indonesia have experienced fragmentation (multi-bar). This situation has created disorganization, differing recruitment standards, education, and enforcement of codes of ethics, weakening national oversight of the profession. This study aims to analyze the legal standing and organizational form of the National Advocates Council (DAN) to address this disorganization, specifically in light of Law No. 18 of 2003 concerning Advocates. The method used is normative juridical with a statutory and conceptual approach. The study concludes that to maintain freedom of association and achieve professional unity, DAN should be established as a federation, not a single body (single bar). DAN's primary function is to establish uniform national professional standards, enforce codes of ethics, oversee legal aid, and strengthen the integrity of advocates as law enforcers. The establishment of DAN requires a revision of the Advocates Law to ensure strong legal standing.

Inclusive policies are a must in governance, especially at the village level that deals directly with indigenous communities. Formal recognition of customary law in the determination of village boundaries under the national legal framework is crucial to create agrarian justice and legal certainty; Its relevance focuses on the importance of local wisdom accommodation and the structure of indigenous peoples as legal subjects entitled to their territories; The final goal of this study is to formulate a model of harmonization of positive law and customary law for the determination of participatory and equitable village boundaries; The main legal basis includes the 1945 Constitution Article 18B Paragraph (2) and Law (UU) Number 6 of 2014 concerning Villages; and Regulation of the Minister of Home Affairs Number 45 of 2016 concerning Guidelines for the Determination and Affirmation of Village Boundaries. This research uses a normative juridical method with a legislative and conceptual approach; The conflict resolution offered is through a consensus deliberation mechanism facilitated by the local government while still upholding the rights of indigenous peoples.  

In this thesis, the researcher intends to find out the Default in the case of Default in the Sale and Purchase of Land. In this case, the buyer feels disadvantaged by the Seller who has committed an act in the case of default. This study uses a Sale and Purchase Agreement between the Seller and the Buyer with the object of Residential Land. The seller in this case is in the position of Land Owner. (developer). And the buyer in this case is in the position of buyer in the sale and purchase of the land. This study uses a normative juridical method, namely research using a case approach accompanied by the Law. There are three forms of default, namely carrying out what has been agreed, but not as agreed and carrying out what has been agreed, but late in carrying out something that according to the agreement should not be carried out. So in the case of the case entering into one form of default, namely carrying out what has been agreed but not as agreed. The occurrence of a non-compliance with the agreement between the seller and the buyer, namely in the land sale and purchase agreement, in which the initial agreement stated the land area was 20,000M2. If the certificate is broken, the land area exceeds what was agreed upon, the buyer is obliged to pay Rp. 5,000,000 to the buyer.

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.

The execution of mortgage rights on land is a crucial element in the property security legal system in Indonesia, which allows creditors to obtain debt repayment if the debtor defaults. However, the implementation of parate executie as a non-litigious mechanism based on Law Number 4 of 1996 concerning Mortgage Rights has sparked constitutional debates, particularly regarding the debtor's right to fair legal protection. This study analyzes the legal considerations of the Constitutional Court in Decision No. 10/PUU-XIX/2021, which rejected the constitutional review of the mortgage execution norms, and evaluates the legal execution procedures post-decision. Using the normative legal research method, this article examines the approach of contractual freedom, the principle of justice, and the protection of property rights in the context of creditor-debtor relationships. The study results show that the Court views parate executie as constitutionally valid, as long as it is carried out with the principles of transparency, proportionality, and the availability of legal recourse for the debtor. Therefore, legal protection within the mortgage system is not eliminated, but must be implemented through accountable and just practices. These findings provide an important normative basis for policymakers and economic actors in ensuring that the execution of guarantees runs effectively while still upholding the constitutional rights of the parties involved.

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.

This study aims to conduct an in-depth analysis comparing the legal mechanisms of constitutional amendment in Indonesia and South Africa. The research employs a normative juridical method with a comparative law approach. Primary data is sourced from the authoritative texts of the 1945 Constitution of the Republic of Indonesia (UUD 1945) and the Constitution of the Republic of South Africa, 1996. Data analysis is conducted qualitatively using content analysis techniques on provisions related to constitutional amendments in both supreme legal documents. The research findings reveal fundamental differences in the constitutional amendment paradigms of both countries. First, Indonesia adopts a rigid amendment system implemented by the People's Consultative Assembly (MPR) with very strict quorum and approval requirements. Second, South Africa adopts a more flexible and differentiated system, where Parliament acts as the constituent authority, with varying approval levels depending on the substance of the amended provisions ranging from simple majority to two-thirds, and even involving the Provincial Council for certain matters. Third, despite different approaches, both countries affirm the principle of constitutional supremacy. These mechanistic differences reflect Indonesia's strategic choice to prioritize consensus and constitutional stability, while South Africa emphasizes constitutional adaptability and responsiveness to socio-political developments.

Doctors play a crucial role in determining the quality of healthcare services and in upholding the right to health as guaranteed by the constitution and international human rights frameworks. Despite this essential role, medical practice continues to encounter significant challenges, including disparities in medical education quality, inadequate competency assessment mechanisms, and limited integration of professional ethics, discipline, and scientific standards within the health legal system. These issues create risks to patient safety and undermine public trust in medical services. This research analyzes the urgency of health law reform to ensure physician competence and proposes an integration model that unites ethics, discipline, and scientific foundations as the core pillars for equitable and welfare-oriented medical professional governance. Using a normative legal research method, this study adopts legislative, conceptual, and comparative approaches. Primary and secondary legal materials are examined qualitatively through doctrinal studies, normative analysis, and comparisons with governance practices of the medical profession in other countries. The study finds that health law reform should prioritize strengthening regulations on competency standards, transparent certification and periodic recertification systems, as well as integrated professional oversight that aligns ethics, discipline, and legal accountability. The proposed integration model serves as a framework to ensure that every physician maintains measurable competence, adheres to professional ethics, and upholds clear legal responsibilities in clinical practice. Reforming health law through such integration is a strategic step to enhance medical service quality, reinforce patient protection, and advance global justice and welfare.

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.

Equality in education and employment is an important foundation for realizing social justice as mandated by Pancasila and the 1945 Constitution. Equality means that every individual has the same rights to access, treatment, and opportunities without discrimination based on gender, religion, ethnicity, social status, or physical condition. In education, equality is realized through equal access to learning facilities, an inclusive curriculum, and equal opportunities for all students to develop. Meanwhile, in the field of employment, equality includes fair opportunities in recruitment, promotion, training, and commensurate income. Education plays a strategic role in building awareness of equality by instilling the values ​​of empathy, tolerance, and social justice. A multicultural approach and inclusive education are key to shaping students who value diversity and reject discrimination. Although various policies have been implemented, such as the Smart Indonesia Card (KIP) and affirmative action programs for marginalized groups, challenges such as socio-economic inequality, discrimination, the digital divide, and weak policy implementation remain major obstacles. Therefore, comprehensive efforts are needed, encompassing policy reform, improving teacher quality, and implementing pluralism-based character education to create a just, inclusive, and equal Indonesian society.

Cross-national marriages between Indonesian citizens and foreign nationals generate complex legal issues concerning land ownership and citizenship. The Basic Agrarian Law (UUPA) and Citizenship Law No. 12 of 2006 have yet to harmonize their provisions regarding property rights within mixed-nationality marriages. This study aims to analyze the interrelation between land law and citizenship in cross-national marriages and evaluate their legal certainty. The research employs a normative-empirical approach by reviewing statutory regulations, case law, and interviews with land officials. The findings reveal a normative conflict between the prohibition of land ownership by foreign nationals and the constitutional right of Indonesian citizens married to foreigners to acquire joint property rights. Such disharmony leads to legal uncertainty and potential violations of property rights. The study concludes that reforming Indonesia’s land and citizenship law is crucial to accommodate international marriage dynamics and ensure legal certainty for all citizens.