Publication Search

72,210 articles from 658 journals · 2,111 citations tracked

Showing 1-20 of 22

Analytics

Mustajib Mustajib

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The principle of popular sovereignty is a fundamental foundation of the Indonesian democratic system, as stated in Article 1, Paragraph (2) of the 1945 Constitution. Popular sovereignty emphasizes the importance of the people's right to choose and be chosen in general elections (Pemilu) and regional elections (Pilkada), which serve as the source of legitimacy for a legitimate government. This sovereignty should reflect democratic values that are just and equal. However, in practice, the implementation of popular sovereignty through elections is often tarnished by money politics, which threatens the integrity of democracy itself. This phenomenon indicates a profound distortion of democratic principles, where the election process is more driven by material interests than by political aspirations and ideologies. Money politics not only undermines the quality of elections but also diminishes public trust in the democratic process. This practice allows voters to sell their votes in exchange for money or goods, leading to electoral injustice. It transforms general elections and regional elections from an ideal democratic process into a contest reliant on financial resources, rather than on the quality of the leaders chosen. This article aims to analyze the contradiction between the constitutional ideal of popular sovereignty and the reality of money politics in the administration of general elections and regional elections. This study employs a normative juridical approach with qualitative analysis techniques to explore how current laws have guaranteed the implementation of popular sovereignty. The findings indicate that although the legal framework provides protection for the principle of popular sovereignty, weak law enforcement and the persistent transactional political culture hinder its substantial realization. As a solution, this article recommends several strategic steps, including strengthening regulations to limit money politics, reforming the party system to reduce the dominance of practical politics, and enhancing political education based on democratic values and integrity. With these measures, the principle of popular sovereignty can be more purely and consistently upheld, ultimately strengthening Indonesia’s democratic system to be fair and sustainable.

Afrizal Afrizal; Tamaulina Br. Sembiring

Prosiding Seminar Nasional Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Rapid developments in information technology have opened up opportunities for new threats to national security, one of which is hacking of information systems. Cyber attacks not only cause economic losses and disrupt public services, but also pose a serious threat to Indonesia's digital sovereignty. In this context, state intelligence has a strategic role as the front line in detecting, analyzing, and countering various forms of threats to the country's strategic information systems. However, strengthening the function of state intelligence in dealing with hacking crimes still faces various obstacles, ranging from regulatory aspects that are not yet adaptive, weak inter-agency coordination, to limitations in technology and human resources. This study aims to examine the extent of the effectiveness of strengthening state intelligence in countering information system hacking, as well as to formulate the urgency of updating national legal policies that support the formation of a strong, integrated, and professional cyber intelligence system. Using a normative legal research method supported by a conceptual and case approach, this study concludes that strengthening state intelligence requires regulatory reform, institutional integration, and investment in technology and human resources in order to maintain national sovereignty in the digital age.

Heriyanto Heriyanto

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

Law constitutes a set of rules that must be obeyed and implemented by every individual. The concept of law-making forms part of the broader meaning of legal politics, serving as a guideline for the governance of the state and the life of society. Law is a necessity for all components of the nation and the state to create security and order, thereby providing a sense of justice. General elections (Pemilu) conducted directly by the people, from the people, and for the people serve as a means of manifesting sovereignty for the state to produce a democratic government based on Pancasila and the 1945 Constitution. The administration of general elections direct, free, universal, and secret must be carried out honestly and fairly, capable of realizing national integration, professionalism, and accountability in order to position the people as the primary holder of sovereignty. This study employs a normative juridical legal research method with a statutory approach and a conceptual approach. The results of this research indicate that the legal concept concerning general elections depends on legal politics, which acts as a determining activity in the pattern and formation of election legislation designed to oversee and renew that law as a determination of politics related to democracy in the country. This study aims to ascertain the impact of the implementation of legal politics in the post-reform general election system and represents an existence of legal politics within Indonesia’s legal enforcement system.

Tazkia Nazdifa Assyahida

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

Disinformation in digital elections has emerged as a serious challenge to democracy in Indonesia, particularly when its dissemination involves cross-border actors and platforms. This phenomenon not only diminishes the quality of political participation and public trust in election outcomes, but also poses a threat to the state's information sovereignty. This study aims to identify the dominant forms of disinformation during the 2019 Presidential Election and leading up to the 2024 election, while analyzing their impact on democratic stability and Indonesia’s position in the global context. The findings indicate that political disinformation is systematically spread through social media by networks of domestic buzzers and anonymous accounts suspected to be connected with transnational actors. The consequences include heightened societal polarization, the delegitimization of electoral institutions, and increasing non-military foreign interference in domestic politics. These findings underscore the urgent need for more adaptive national strategies and international cooperation in establishing fair, transparent, and sovereignty-respecting information governance frameworks in democratic states.    

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Azzahra Salsabila Maharani; Dea Avita Sari; Fachrudin Ubaidilah Al Hakim

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

Elections are a fundamental element of democratic systems, granting citizens te political right to vote and be elected. This study aims to compare the implementation of citizens’ political right in elections under presidential and parliamentary democracy systems. The research method used is normative/doctrinal/library research. This study analyzes the differences in the exercise of political rights in both systems and their impact on the quality of democracy and citizen participation. The findings indicate that the presidential system allows voters to directly elect the head of state, providing strong legitimacy but posing a risk of political deadlock. In contrast, the parliamentary system emphasizes the election of parliament members, who then determine the head of government, offering flexibility but potentially leading to political instability. This study concludes that both systems have advantages and challenges in ensuring citizens’ political rights. Therefore, mechanisms should be developed to enhance political participation and ensure more democratic and inclusive elections.  

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Afifah Tsalatsatun Nisa; Ratih Setiawati; Arelditya Wahyu Putra Haning

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

Identity politics in Southeast Asia has had a significant impact on the legal and state planning system. The study analyzes how exploitation of religious, ethnic, and ideological identity in politics affects various aspects, including elections, public policies, and law enforcement. The impact includes social and political polarizations, the weakening of the rule of law, discriminatory policies towards minorities, and conflicts between identity politics and human rights international standards. The response in these regions is diverse, ranging from an inclusive approach that emphasizes pluralism to a repressive approach that limits civil liberties. The study highlights the challenges in balancing group interests with the national interests, as well as the need for legal reform and political education to address political threats on stability, justice and democracy in Southeast Asia. This research also recommends harmonizing regulations, strengthening yudiative institutions, and democratic and human rights education as a solution to overcome these problems.      

Sukino Sukino

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

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

Fentry Trieputry Tungga; Yeftha Y. Sabaat; Frans W. Muskanan; Diana S.A.N Tabun

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

In the order of Democracy, there is an election system intended to elect representatives of the people, one of which is election contestation. Elections are a contestation arena for candidates for people's representatives such as legislative candidates for DPRD members. So that legislative candidates must prepare themselves with qualified capital such as political modalities. Political capital according to pierre bourdiue's theory is capital consisting of 5 capitals, namely political capital, social capital, economic capital, symbolic capital and cultural capital. In this study, researchers wanted to see how the winning modality of Yermias Y. K. Pellokila, SH as an elected member of the DPRD in the 2024 legislative elections in district II Kupang Regency. With the aim of knowing and describing in depth the use of what modalities Yermias Y. K. Pellokila, SH used in achieving victory. This research uses a qualitative approach with a descriptive-analytic approach, with data collection techniques through documentation studies and interviews. The results of this study state that of the 5 capitals owned by Yermias Y.K Pelokilla SH, namely political capital, social capital, economic capital, cultural capital and symbolic capital and there are 2 most influential capitals used by Yermias Y. K. Pellokila, SH in winning the 2024 legislative elections in district II Kupang Regency, namely social capital and symbolic capital. In the victory of Yermias Y.K Pellokila SH in social capital there is a form of family support that is very extraordinary with the formation of a family team as a substitute for a success team, a family arisan community group, participating in community events and the Pellokila,SH family background being the hallmark of YeremiasY.K Pelokilla SH to be able to win the hearts of the community. And in the symbolic capital of Yermias Y.K Pellokila,SH self-authorship is reflected in his life track record and his name which is well known to the public as a firm person, has a good performance as a former head of Pariti village to be a benchmark for public trust in Yermias Y.K Pellokila,SH and bring him to win the seat of DPRD Member for the 2024 Legislative Election in district II Kupang Regency.

Abalaka, J.N; Ajiteru,S.A.R; Sulaiman T.H

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

This study examines the level of political participation among the populace and highlights the importance of elections as a key component of a democratic system. Scholars widely acknowledge that involvement in electoral processes serves as a primary indicator of how well a country has embraced the principle of social equality within the international framework. The study employed a mixed-method approach, utilizing both qualitative and quantitative techniques. The quantitative instrument used was the Political Participation Attitude Scale (PPAS), while qualitative data were collected through the Focus Group Guide on Political Participation (FGGPP). The research posed and addressed three core research questions. The findings reveal that 57% of respondents did not actively participate in political activities. Gender was found to influence levels of engagement; 30% of male respondents and 13% of female respondents reported active involvement in political activities, while 38% of males and 12% of females consistently participated in voting. Furthermore, the survey indicated that a majority of respondents (53%) lacked trust in their political leaders. Based on these findings, the study recommends that Nigeria urgently adopt both formal and informal political education strategies to enhance civic awareness and participation. Additionally, the Independent National Electoral Commission (INEC) is encouraged to develop mechanisms that will ensure broader voter turnout in the upcoming 2015 general elections.

Abalaka, J.N; Ajiteru, S.A.R; Sulaiman, T.H

International Journal of Humanities and Social Sciences Reviews 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study examines the impact of political and public official corruption on Nigerian democracy and government legitimacy between 1999 and 2023. The research uses a qualitative descriptive approach, supported by documentary analysis, with the elite theory framework as the basis for gathering and evaluating relevant data. The study argues that the pervasive corruption within Nigeria’s democratic system is largely driven by the ruling elites, who control both political power and wealth. The elites are able to appropriate state powers and utilize them to amass resources and build networks of patronage, which are crucial for maintaining their dominance and subjugating the un-elite majority. Through the lens of power relations, the study highlights how these corrupt practices have led to the entrenchment of the elites’ control over political and economic systems. The study concludes that political corruption has significantly undermined the government's ability to provide essential public goods and services, which has, in turn, contributed to a decline in public trust in Nigeria's political institutions and democratic processes during this period. As the political landscape has become increasingly dominated by corruption, citizens have grown disillusioned with the system. The study recommends that Nigeria's political leadership reassess its current, money-driven and self-serving political approach, and adopt a more service-oriented model. Strengthening the rule of law, promoting public involvement in governance, and ensuring governmental accountability and legitimacy could help prevent Nigeria's slide toward political authoritarianism and reverse the democratic decline.

Siti Yuliana Novitasari; Fathorrahman Fathorrahman; Ainun Najib

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The provisions of the 1945 Constitution Article 1 paragraph (3) "The State of Indonesia is a State of Law". In addition to being a state of law, Indonesia is also a democratic state. In the concept of democracy, the government of a country is a government of the people, by the people, and for the people (principle of democracy). One of the important moments for the state of Indonesia to adopt a democratic system is the implementation of elections. Elections are also a means to encourage accountability and public control over the state, direct elections will make prospective leaders in the election contest do various ways to attract public sympathy to be able to vote for them. Even with methods that violate the constitution are also carried out. As is often the case in society during the election period, namely money politics . Legal regulations related to money politics in Law no. 7 of 2017 concerning elections include several special articles that prohibit the practice of money politics, but legal loopholes in election regulations include unclear definitions and ambiguous exceptions. Law enforcement against the practice of money politics in Indonesia still faces many challenges. This study uses a library study method supported by relevant research. The results of the study show that the root of the problem of the emergence of money politics is the existence of legal loopholes, weak supervision and a proportional election system that opens up opportunities for the development of money politics. The problem of money politics needs to be analyzed to obtain an effective strategy in preventing it. Money politics is not in accordance with the principles of democratic theory which demands freedom and justice. Elections are said to be fair if all people have the same right to choose leaders by not violating the rule of law.

Mustajib Mustajib

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

The existence of political parties in a country that adheres to a democratic system is a necessity and the inevitability of their existence. Because with the existence of political parties, democracy will run according to the reel that it should run, starting from the freedom to gather and associate as regulated in the constitution to the implementation of general elections for President and Vice President, Legislative and regional head elections indicating that democracy in a country is at least whether or not it can be said to be going well. In Indonesia itself, the existence of political parties can be said to be multi-party because there are more than two parties, as in several other democratic countries where there are only two parties. Although in general, if we look at their ideology, political parties in Indonesia can be grouped into just two, namely parties that are religiously oriented (religious) and parties that are nationalist (state) oriented. In the research results, it is stated that multi-party parties do not always work well and are relevant, so there needs to be simplification in the future so that people are not confused by many parties.

Igirisa, Jeis; Usman, Nurvia; Moonti, Roy Marthen

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

The Constitutional Court (MK) has a strategic role in maintaining the stability of the Indonesian constitutional system through its main function as a guardian of the constitution. This article aims to analyze the influence of the Constitutional Court on constitutional stability, both through legal testing of the 1945 Constitution, the resolution of authority disputes between state institutions, and through supervision of the implementation of elections. Using a normative juridical approach, this article reveals that the Constitutional Court has made a significant contribution in maintaining balance between state institutions, ensuring electoral justice, and upholding the supremacy of the constitution. Nevertheless, challenges such as the independence of judges and the implementation of judgments remain issues that require attention. This article recommends strategic steps to enhance the role of the Constitutional Court in strengthening the stability of Indonesia's constitutional system.

Rizki Maulana Syafei; Ikram Ibrahim; Nabila Rizq Wildanbati

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the problem of law enforcement against abstention behavior in elections in Indonesia, with a focus on punishment for abstention behavior that does not vote and does not come to the polling station. The background of this research is the legal vacuum arising from the current election law enforcement system, which is characterized by the ups and downs of the abstention rate that occurs. In 2004 the abstention rate amounted to 20.24%, in 2009 the number of abstentions increased to 25.19%, in 2014 the number of abstentions increased more drastically to 30, 22%, while the last in 2019 the number of abstentions decreased to 18.03%. The purpose of this research is to evaluate the implications of abstention on democratic development and to provide sanctions regulations in the form of administrative and criminal sanctions for abstainers who do not come to the polling stations. The research method used is descriptive qualitative analysis, by examining relevant primary and secondary data. Data was collected through literature study, and analysis of related documents. The results of this study show that abstention is an act that is not allowed by a country. Abstention behavior can reduce the level of election participation and the level of legitimacy as a prerequisite for the state as a democracy. Thus, it is necessary to reform the regulations under citizens who abstain from coming to the polling stations must be subject to punishment in the form of both administrative sanctions and criminal sanctions which will be related to policies submitted to the legislators.

Aprilla Haryanti; Nazwa Aura Rahmadhani; Mutia Arifah; Ilham Hudi; Hasiela Nurfajrina Seprizal +1 more

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2024 International Forum of Researchers and Lecturers

General elections or what can be called people’s democratic parties are one of the main parameters for measuring the success of implementing democracy in a country. This research discusses the relationship between society and the state in voting, characterized by Indonesia being a country that adheres to a democratic system, where state power is in the hands of the people, as regulated in the 1945 Constitution of the Republic of Indonesia. The aim is to know and understand how to implement it. Public policy in voting in Indonesia. Method was carried out using a literature approach. The results of the research are to understand the public policy system in voting in Indonesia and how the government behaves in dealing with problems wisely during elections, and democracy can run well in accordance with its principles and objectives. The results of this research show that whenever there are problems when voting, the right policies will be able to minimize the problems that occur. The policies that need to be implemented are in accordance with government regulations and the principles of democracy itself.

Fayza Ayu Wulandari; Yufi Wiyos Rini Masykuroh; Ahmad Fauzi Furqon

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Judicial reviews on the presidential and vice-presidential nomination threshold in Article 222 of Law No. 7/2017 on General Elections have been repeatedly rejected by the Constitutional Court. It has become a public debate and is seen as contrary to academic reasoning because it is not in line with the logic of democracy. Rules that are considered detrimental to the community and political parties in the election of the head of state. Accordingly, the study of fiqh siyasah clarifies the prerequisites for the election system and the selection of the imam (caliph). The purpose of this study is to find out how the legal considerations by the Constitutional Court rejected the judicial review in Article 222 and to find out what the views of Islamic jurisprudence are on the presidential and vice-presidential nomination threshold rules in general elections. The author of this work employs normative legal research methodologies in addressing relevant research, drawing on legislation, journal articles, books, and other sources. This study concludes by using 4 decisions that were rejected by the constitutional court, namely in decisions 53/puu-xv/2017, 49/puu-xvi/2018, 54/puu-xvi/2018 and decision number 73/puu-xx/2022. The considerations of the court stated that the decision related to the presidential threshold was constitutional and still applicable. That the article being tested is considered contrary to the constitution, especially Article 6A of the 1945 Constitution with the argument that the petitioners cannot change the Constitutional Court's stance on all decisions.  Meanwhile, in the view of fiqh siyasah does not recognize how the provisions of the vote threshold for the election of an imam.    

Sarah Lestari Tampubolon; Tri Bayu Armanda; Depi Yohana Manurung; Unedo Sinaga; Limra Nababan +1 more

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Elections are an integral part of the Indonesian political system itself. Regular elections are held every five years during the leadership period. Indonesia adheres to a democratic system in which every citizen has the right to give their rights and votes to government officials or the highest state institutions and elections are part of the democratic system itself. We held a democratic party last February, we encountered many unique things during the election, especially in the younger generation or what is now called Gen-Z. In this research, our group used qualitative research methods. Qualitative research is research carried out directly in the field to obtain information or factual data that occurs in the field, assisted by several sources of informants who can strengthen our research. This research was carried out with the aim of finding out how participation was and how far Gen-Z understood the previous elections, whether there were any pros or cons during the leadership election. Therefore, let's discuss further in the discussion regarding Gen-Z participation in elections.

Maximiliania Krismarmita Brahman; Geal Aditya Christian; Nabila Sanina Fadhilah; Nayya Devi Denita

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This analysis focuses on the democratic principles contained in the Indonesian Constitution and how they are implemented as well as the challenges faced. The Indonesian Constitution, which is based on popular sovereignty, is considered the basis for the implementation of democracy in Indonesia. However, in practice, the implementation of democracy still faces several challenges, such as political corruption, identity politics, and the spread of false information. This research uses a normative juridical approach to analyze the regulations governing the democratic system and elections in Indonesia, including the 1945 Constitution and the Election Law. The results show that although democracy in Indonesia has been running for several years, there are still many challenges faced, such as a lack of political literacy and public knowledge of democratic principles. In this analysis, the research also discusses the implementation of Pancasila Democracy, which is based on indigenous Indonesian values. Pancasila Democracy is considered the right choice for the Indonesian state, but it still needs to be balanced with good political literacy and knowledge so that freedom of speech is not abused.

Mohamad Dimas Jaya Wardana; Nazwa Febri Herviana; Maria Benedicta Azalia Putri; Felixs Ade Santoso; Rakha Salman Sanusi Putra +2 more

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The general election is one of the forms of implementing democracy. With general elections, people can directly participate in electing the leader of the country or the person who will sit in parliament. Speaking of general elections. This general election was followed by a political party. Or in other words, these election participants themselves are political parties. In Indonesia itself, general elections are held based on several principles. In its history, Indonesia has passed many elections. From the era of President Soekarno in the old order until now. Elections also have a relationship with state and democracy. The writing of this article, uses normative methods that use legislation to analyze elections, democracy, and constitutionality. The purpose of this research is to be held, so that we know about the electoral system in Indonesia. As the general election is a clear example of democracy. We are in compiling this research, using a normative juridical method approach and the data used is secondary data. The result that we got through this research is that Indonesia holds elections with an open proportional system with an election period of 5 years.

Cammel Sauqi

SOSIAL: Jurnal Ilmiah Pendidikan IPS 2023 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Based on the 1945 Constitution of the Republic of Indonesia, Indonesia is a unitary state that has a democratic government system. The democratic system in Indonesia is listed in Article 1 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Democracy is a form of state implementation system based on people's sovereignty. Democracy is a government of the people, by the people and for the people. The State of Indonesia is a unitary state which is divided into several regions, for example provinces, districts, cities and villages. The embodiment of the democratic system in Indonesia, which has many regions, is by way of the people from each region holding general elections to determine a government.