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Fedila Wica Tsabitah; Intan Nuraini

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The practice of money politics remains a serious challenge in the implementation of the 2024 General Election and the 2024 Regional Elections in Indonesia, as it has the potential to undermine the principles of fairness, honesty, and democratic integrity. This study aims to analyze the role of the Election Organizer Ethics Council (DKPP) in adjudicating violations related to money politics, particularly from the ethical perspective of election organizers. The method used is a qualitative approach through literature study of laws, regulations, and DKPP decisions. The findings indicate that DKPP plays a strategic role in maintaining the neutrality and professionalism of election organizers by enforcing the code of ethics, imposing sanctions, and supervising behaviors that may involve or tolerate money politics practices. Although DKPP's authority is limited to the ethical domain and does not extend to criminal law enforcement, its existence remains crucial as a moral guardian within the electoral system. Therefore, synergy between DKPP, law enforcement institutions, and public participation is necessary to minimize money politics and to realize democratic and integrity-based elections.

Nadia Salsabila; Bambang Yulianto; Dewi Fitrotus Sadiyah

Jurnal Pendidikan dan Kewarganegara Indonesia 2026 Asosiasi Riset Ilmu Pendidikan Indonesia

Multicultural competence refers to an individual's capacity to navigate and value the diversity within their environment. This skill is essential for all strata of Indonesian society, given Indonesia's diversity in ethnicities, cultures, languages, and faiths. Teachers occupy a pivotal role in fostering multicultural competency within society, as they engage directly with pupils on a regular basis. Teacher intercultural competency has three primary dimensions: knowledge, attitudes, and skills. Multicultural knowledge can be acquired through multiple avenues, including formal education, specialised training, or firsthand experience with varied populations. Multicultural education seeks to equip students with an awareness of the complexities of variety in society, enabling them to coexist amicably. The fundamental principles of multicultural education encompass equality, democracy, pluralism, and tolerance. Educators, as pivotal participants in the educational process, are anticipated to comprehend multicultural values conceptually and to incorporate them into everyday instructional activities. Consequently, the multicultural competency of educators may cultivate students who are not only academically proficient but also possess an inclusive mindset, value diversity, and are prepared to engage in a pluralistic society.

Astri Meylisa Purba; Nayla Shifa Ananta; Tri Nita Manurung

Journal of Management and Social Sciences (JIMAS) 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Freedom of expression is one of the fundamental rights that serves as the primary foundation of modern democratic systems. This right is not only recognized in international legal instruments such as the International Covenant on Civil and Political Rights (ICCPR) Article 19, but is also explicitly guaranteed in the constitutions of democratic states, including Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This study aims to analyze the position of freedom of expression as an essential pillar of democracy within the human rights framework, examine constitutional protection mechanisms and applicable limitations, and evaluate its implementation in the Indonesian legal system. The research method employed is normative legal research with a statute approach, conceptual approach, and comparative approach. The findings indicate that freedom of expression is not merely an individual right, but a collective instrument that enables meaningful public participation in democratic processes. Restrictions on this freedom must fulfill the requirements of legality, necessity, and proportionality as established by the Siracusa Principles. In Indonesia, the primary challenge lies in regulatory plurality that potentially creates overlapping provisions and the risk of criminalizing legitimate expression, particularly through the implementation of the Electronic Information and Transactions Law (UU ITE).

Mardian Idris Harahap; Alwi Murad Sofi Hasibuan; Febriani br Ginting; Alya Qais Tsabitah; Mora Nanda Tambak +5 more

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

This article examines the relationship between Islamic politics and democracy in contemporary Indonesia. As the country with the largest Muslim population in the world, Indonesia presents a distinctive dynamic in the interaction between Islamic values and modern democratic systems. This study aims to analyze how Islamic political actors, including political parties and religious organizations, interact with and adapt to democratic practices in the post-Reform era. The research employs a qualitative method through a literature review of Indonesian academic journals published within the last five years. The findings indicate that Islamic politics in Indonesia is plural and dynamic, showing an adaptive tendency toward democratic principles. Islamic values such as deliberation (shura), justice, and equality are considered compatible with democratic ideals. However, Islamic politics also faces contemporary challenges, including the politicization of religion, identity politics, and social polarization. The article concludes that the relationship between Islamic politics and democracy in Indonesia is dynamic and largely adaptive within the framework of the Pancasila state.

Saniyatut Dhohiroh; Muhammad Mashuri; Kristina Sulatri

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

The president's prerogative is a form of power inherent in the president's position as head of state. One form of this prerogative is the granting of abolition, which is the abolition of legal proceedings against a person or group of people who are or will undergo judicial proceedings. However, in its implementation, the president's authority to grant abolition is not absolute, but is limited by the applicable legal provisions and constitutional mechanisms. This study aims to analyze the limits of the president's power in exercising the prerogative in the form of abolition and review the juridical aspects that govern the procedure and its considerations. The research method used is normative juridical research with a statutory approach and a conceptual approach. Data sources are obtained from relevant laws and regulations, legal literature, and scientific works. The results of the study show that the president's authority in granting abolition is regulated in Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which requires the president to pay attention to the considerations of the House of Representatives (DPR). Thus, this authority is not an absolute prerogative, but is limited by the principle of checks and balances in the Indonesian constitutional system. The conclusion of this study emphasizes that the restriction is a form of constitutional supervision over the use of presidential power to remain in line with the principles of the rule of law and constitutional democracy

Shalihah, Aini; Ermita, Yenny; Novi Enjelina Putri; Annisa Firdhausy; Rizaldy, Wahyu Fahmi

Journal of Law and Administrative Science (JLAS) 2026 Universitas Teknologi Surabaya

Freedom of expression is a constitutional right of citizens guaranteed within Indonesia’s constitutional system as part of the principles of the rule of law and democracy. However, in practice, this freedom often faces various forms of restrictions that tend to be repressive, including through the criminalization of expression and the practice of political terror. This article aims to critically examine how political terror is used as an instrument of power that results in restrictions on freedom of expression, as well as to assess its compatibility with the principles of constitutional law. This study employs a normative legal methodology using legislative, conceptual, and case-based approaches. The findings of the study indicate that the criminalization of expression whether through regulations open to multiple interpretations or the actions of law enforcement officials has the potential to create a chilling effect that hinders public participation in the democratic sphere. In this context, the politics of terror manifests not only in the form of overt repressive actions but also through legal constructs selectively employed to silence criticism of those in power. This situation highlights a tension between constitutional guarantees and prevailing state practices. Therefore, efforts are needed to reconstruct legal policies that ensure more substantial protection of freedom of expression, as well as to strengthen oversight mechanisms regarding the exercise of state authority so that they align with the principles of constitutional democracy and respect for human rights.

Doni Surya Saputra; Adlina Agis Pratiwi

Journal of Law and Administrative Science (JLAS) 2026 Universitas Teknologi Surabaya

The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a pivotal moment in Indonesia’s effort to reform and decolonize its national penal system. Among its most significant departures from prior codifications beyond the elimination of the misdemeanor category is the removal of capital punishment as a primary sanction. This measure reflects a longstanding view that the death penalty is incompatible with Indonesian cultural values and, by extension, inconsistent with Pancasila as the supreme source of national law. This study investigates Pancasila’s function as the philosophical cornerstone in structuring the criminal justice system and defining the purposes of punishment within the National Criminal Code. Employing normative legal research through statutory and conceptual approaches, the findings reveal that the open character of Pancasila ideology accommodates an explicit legislative articulation of penal objectives embracing retributive, corrective, rehabilitative, and restorative orientations simultaneously. Article 51 of the new Criminal Code further demonstrates substantive congruence with Pancasila’s five principles: (1) the preventive objective embodies the Second Principle on just and civilized humanity; (2) the social reintegration of convicts is anchored in the Fifth Principle of social justice; (3) conflict resolution reflects the Third and Fourth Principles on national unity and deliberative democracy; and (4) cultivating genuine remorse in offenders expresses the First Principle of belief in the One Almighty God. Taken together, the national criminal law reform has successfully elevated Pancasila from an abstract foundational norm into a functioning normative guide for the conduct of criminal justice.

Yohana Fransiska Sirait; Dina Octavia Siburian; Maysaroh Daulay; Theresia Siagian; Putri Sari Margaret Julianty Silaban

Jurnal Inovasi Pendidikan 2026 Lembaga Pengembangan Kinerja Dosen

As the foundation and official ideology of the Indonesian state, Pancasila plays a crucial role in guiding the management of national affairs and the overall conduct of state life. The core principles of Pancasila divinity, humanism, unity, democracy, and social justice reflect the character, identity, and collective values of the diverse Indonesian people. The purpose of this study is to examine in depth the function of Pancasila as a state ideology and the significance of implementing its principles in contemporary and evolving society. Through the exploration and analysis of various scholarly sources, including books, academic journals, and official state documents, this research employs a qualitative approach using a literature review method. The findings indicate that Pancasila functions not only as the nation’s way of life but also as the philosophical foundation of the state and a unifying ideology within Indonesia’s heterogeneous society. Furthermore, the preservation of national identity, the strengthening of social cohesion and peace, and the ability to face the challenges of industrialization and globalization are highly dependent on the successful internalization of Pancasila’s values. Therefore, to achieve sustainable and inclusive national development, consistent and continuous efforts are required to enhance understanding, appreciation, and implementation of Pancasila’s values across all levels of society.

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.

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.

Cipto Hardoyo; Yasmirah Mandasari Saragih; Biner Sihotang

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

The enforcement of election criminal law plays a crucial role in safeguarding democratic integrity and upholding the principle of popular sovereignty. Law Number 7 of 2017 establishes the Integrated Law Enforcement Center (Sentra Gakkumdu) as a coordinated mechanism involving the Election Supervisory Body, the Police, and the Prosecution Service in addressing election crimes. However, in practice, the Gakkumdu system has not fully ensured a balanced realization of legal certainty, substantive justice, and legal utility. This study aims to analyze the problems of election criminal law enforcement within the Gakkumdu system, examine the relevance of the Restorative Justice approach in election law, and formulate a reconstruction of election criminal law enforcement based on this approach. This research employs normative legal research using statutory, conceptual, legal philosophy, and legal policy approaches. The findings indicate that the weaknesses in election criminal law enforcement arise from institutional fragmentation, normative ambiguity, and a legal culture dominated by legalistic and sectoral perspectives. The Restorative Justice approach is considered relevant as it prioritizes substantive justice and the restoration of democratic values. Therefore, reconstructing election criminal law enforcement based on Restorative Justice is essential to strengthening democratic legitimacy and public trust in elections in Indonesia.

Aripin Marpaung

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

This study stems from a classic question in the study of political hadith regarding leadership, specifically the hadith "The Imams are from Quraysh," which is often understood textually as requiring leaders to be from the Quraysh tribe. This kind of understanding often stops at the normative and historical level, without considering the socio-political context of modern society, which is fundamentally different from the early Islamic era. As a result, a gap emerged between the moral message of the hadith and the reality of the leadership system in democratic countries like Indonesia. This research aims to reanalyse the meaning of hadiths about Quraysh and non-Quraysh leadership, and to trace their relevance to the concept of state leadership in the Indonesian constitutional system, placing Islamic political theory and modern leadership theory on an equal footing (theory = theory). This research employs a qualitative approach based on library research, with the primary sources being political hadiths and classical references such as al-Ahkam al-Sulthaniyyah by al-Mawardi, supplemented by contemporary literature on the modern Indonesian government system. The analysis was conducted using comparative methods and content analysis to explore the commonalities and differences between the concept of Imamah in Islam and leadership in modern democratic systems. The research findings indicate that the hadith about Quraysh leadership cannot be understood rigidly as a limitation of lineage, but rather as an ethical guideline emphasising the principles of justice, trust, responsibility, and public interest. The ethical values in the hadith align with the basic principles of the presidential system in Indonesia, such as public accountability, limitation of power, and popular sovereignty, as regulated in the 1945 Constitution. Despite challenges such as corruption, the politicisation of religion, and weak leadership morality, the values of the hadith remain relevant if translated into public norms and modern governance practices. This research confirms that leadership in Islam and Indonesian democracy can complement each other, with Islam providing a moral and spiritual foundation, while democracy offers the legal and political structure to realise it.

Agus Rustama; Adhira Halim Ashari; Viola Zabrina Febriyanti; Febi Liontin; Naufalian Hafidz

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

State institutions play a primary role in governing and exercising power within a country. Indonesia, as a unitary state with a republican system, regulates the state's institutional structure through the 1945 Constitution, which serves as the supreme legal basis and guideline for state administration. The function of state institutions is to ensure that all aspects of government are implemented in accordance with the principles of law, justice, and public welfare. The state is not only considered a legal entity but also a social entity with specific functions and logic. The state's objectives are directed at balancing government power and citizen rights and accommodating the interests of individuals and the wider community. Following the amendments to the 1945 Constitution, Indonesia's institutional system underwent significant changes with the establishment of independent institutions that strengthen democracy, transparency, and accountability. Understanding the state's foundations, the requirements for formation, the form and system of government, and the relationships between institutions is crucial for maintaining Indonesia's constitutional order. Furthermore, public respect for state symbols and institutions contributes to strengthening unity and political stability, and realizing the ideals of a sovereign and prosperous nation.

Uswatun Nur Auliya; Intan Dyah Ayu Apriani; Raihani Khairunissa Barni; Evi Satispi; Tria Patrianti

Jurnal Ilmu Komunikasi, Administrasi Publik dan Kebijakan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study analyzes media perceptions of the revocation of CNN Indonesia journalists' press identity cards by the State Palace in 2025, using the legal framework of Law Number 40 of 1999 concerning the Press. The main objective of the study is to examine the extent to which provisions in the Press Law function effectively in providing legal protection for journalists, as well as to identify potential restrictions on statements deemed inappropriate for public access by the Palace. The method used is qualitative with a descriptive-analytical approach, combining literature review, legal document analysis, and review of national media coverage. The research findings indicate that the revocation of Press IDs without going through the Press Council mechanism contradicts the principles of due process and press freedom guaranteed in the Press Law. This incident created a critical perception that the government has the potential to restrict journalists' freedom, especially regarding strategic state policy issues. Informal resolution through mediation and official apologies do not change the reality that the implementation of non-litigation mechanisms in the Press Law is crucial. This study concludes that the role of the Press Law in protecting the journalistic profession is highly dependent on the government's commitment to guaranteeing press freedom, information transparency, and strengthening the media as a pillar of democracy.

Ari Octa Apriyanto; David Maulana; Dytho M.arafah; Hadzir Hadzaqulhaq; Rizky Putra Ananda Priatna +2 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2026 International Forum of Researchers and Lecturers

This research was conducted for the purpose of ascertaining law enforcements for Small and Medium Enterprises (SMEs) business actors in Indonesia based on Law No. 55 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. It also analyzes the role of government in providing enforcements to small and Medium Enterprises. In this study, normative legal research was used. It found that the legal protection of small businesses competition in Indonesia is a manifestation of the implementation of economic democracy that contains the principles of justice and togetherness to encourage creating opportunities for every businessman in a healthy competition environment. It also found that healthy competition aims to avoid a monopoly of certain business actors only, but it could provide business opportunities for Small and Medium Enterprises business actors to enlarge their business.

Santoso Budi Nursal Umar; FX. Hastowo Broto Laksito; Lintang Cahya Primadani

Jurnal Ilmu Hukum Sosial dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

This research aims to normatively analyze the legal basis, rationality, and implications of the presidential threshold on the multi-party system and the principle of electoral justice in Indonesia, with a focus on Constitutional Court Decision Number 14/PUU-XI/2013. Thru a normative legal approach, this research examines the provisions of Article 222 of Law Number 7 of 2017 concerning General Elections and the Constitutional Court's constitutional arguments in maintaining the presidential nomination threshold. The analysis results show that although formally the presidential threshold is an open and legitimate legal policy, it substantially creates political inequality and limits the participation of small parties in the multi-party system. The Constitutional Court's decision is considered not fully reflective of the principles of electoral justice and popular sovereignty, as it prioritizes government stability over political equality. Therefore, it is necessary to reformulate the presidential candidacy threshold policy to make it more proportional, inclusive, and aligned with the principles of constitutional democracy. This reform is expected to strengthen the legitimacy of Indonesia's presidential system without neglecting the fundamental values of justice and political representation of the people.  

Ikhwan Nur Ramadhan; Damar Arrya Akbar A; Fajar Kurniawan; Herdandi Bagus A.P.

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores how the drafting process of the Bill (RUU) for the Revision of the Indonesian National Armed Forces (TNI), which was approved to become Law Number 3 of 2025, occurred amidst massive public protests, with an emphasis on violations of the principles of openness, participation, and accountability as regulated in the 1945 Constitution and Law Number 12 of 2011 concerning the Formation of Legislative Regulations. The public's rejection illustrates the potential for abusive law making, threats to civilian dominance, and the possibility of a return to the dual function of the military from the New Order period, supported by protests, petitions from civil society organizations such as NU, WALHI, and KONTRAS, as well as an application for constitutional review to the Constitutional Court. Adopting the perspective of Habermas’s theory of deliberative democracy and Weber’s concept of legitimacy, this research asserts that the argument for the annulment of this Bill is growing stronger, in order to uphold democratic law making and the protection of human rights.

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.

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.