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Eva Hudaevah; Dinda Nengsih Nurjaya; Rosy Uzmayanty; Fikri Hasan Fadhilah Noer; Ade Fartini

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Constitutionalism plays a fundamental role in limiting state power and ensuring that government authority operates within ethical, legal, and democratic boundaries. Indonesia and Thailand offer two contrasting examples of constitutional development in Southeast Asia. Following the 1998 Reform era, Indonesia successfully strengthened mechanisms of checks and balances through the establishment of the Constitutional Court, decentralization reforms, and the empowerment of independent oversight bodies. In contrast, Thailand has experienced repeated cycles of military intervention, where post-coup constitutions have served not as tools to restrict state power, but rather as instruments legitimizing centralized authority and military dominance.This article synthesizes existing scholarly literature and identifies critical research gaps related to constitutionalism studies in both countries. First, there remains a scarcity of long-term empirical and quantitative studies assessing the effectiveness of constitutional limitations on executive, legislative, and judicial power. Second, current research has insufficiently examined informal political practices, including patronage networks, oligarchic influence, and military entrenchment within state institutions. Third, comparative constitutional studies covering the 2014–2025 period remain limited, particularly in assessing post-authoritarian and post-coup constitutional dynamics.The findings of this review highlight the need for deeper interdisciplinary research, integrating political science, legal studies, and institutional analysis to better understand the evolving nature of constitutionalism in Southeast Asia.

Annisa Dwi Lestari; Taufiqurrohman Syahuri; Ahmad Ahsin Thohari

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

Restricting judicial review (peninjauan kembali) for state administrative officials through Constitutional Court Decision No. 24/PUU-XXII/2024 represents a pivotal shift in Indonesia’s administrative justice framework. This study critically examines the constitutional, theoretical, and comparative dimensions of that decision, situating it within the principles of equality before the law and due process enshrined in the 1945 Constitution. Employing a normative-qualitative design grounded in doctrinal analysis and comparative law methods, the research analyzes primary sources including the 1945 Constitution, Law No. 5 of 1986 on State Administrative Courts, Law No. 14 of 1985 on the Supreme Court, and the Constitutional Court’s decision and is supplemented by relevant academic literature. Findings reveal that the decision undermines procedural equality by asymmetrically restricting state entities’ access to extraordinary remedy mechanisms without addressing systemic enforcement deficiencies. Comparative analysis with French, German, and Thai administrative law systems demonstrates that modern rechtsstaat states preserve substantive justice through inclusive access to judicial review while enforcing robust procedural safeguards. The study concludes that targeted institutional reforms such as establishing an autonomous executorial agency, enacting contempt-of-court legislation, strengthening ombudsman oversight, and enhancing judicial education offer more constitutionally sound solutions to improve compliance with administrative court rulings. It further underscores the crucial role of rechtsvinding and proportionality in reconciling procedural limitations with constitutional mandates for substantive justice and legal certainty.

Shalihah, Aini; Lukman Hakim; Sujudi, Muhammad

Journal of Law and Administrative Science (JLAS) 2025 Universitas Teknologi Surabaya

Thailand is a country with a majority Buddhist population. Buddhist life has colored almost all aspects of life in Thailand, both in government (kingdom), system, education curriculum, law and so on. However, there are also several other religions practiced by some Thai people including Islam, Christianity, Hinduism, Confucianism and Singh. In percentage, the Muslim population in the Land of the White Elephant is only around 5.5% of the total citizens who are predominantly Buddhist. Looking at the percentage, almost all Malay Muslims live in Pattani Province. This quantitative fact has marginalized them socially and politically and made them a minority ethnic group in Thailand. The purpose of this writing is to analyze the reconstruction of the relationship between the state and citizens in the historicization of the Thai constitution. The method used is the normative legal method using a legislative approach and a conceptual approach. The results of the study show that during modern history, Thailand has continued to strengthen democratic institutions to ensure that the voices of all people are heard and respected. In recent years, grassroots community groups and independent organizations have appeared to play a more active role. This has led Thailand to a participatory democracy that encourages all levels of society to be more actively involved in shaping the national agenda. Thai democracy continues to experience ups and downs. A number of political crises have occurred, triggered by differences in views and ideologies among groups in Thai society in guarding the integrity of the nation in the 21st century.   Keywords: Historicization, Thai Constitution, Reconstruction, State & Citizen Relations

Nasib Buha Silalahi; Muhammad Nurhidayat; Andreanysah Muhamad Hanif; Sonia Ivana Barus

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The appointment of Constitutional Court Judges between one country and another certainly has similarities and differences. This is greatly influenced by the history, state system and political situation of a country. Therefore, a problem is formulated regarding the characteristics of the mechanism for appointing constitutional court judges between Indonesia and Thailand. This study aims to determine and analyze the differences in filling constitutional court judge positions between Indonesia and Thailand. The study uses a normative legal method using primary, secondary, and tertiary data because by using this method, this study can produce descriptive data obtained from written words related to the object of the writing. This study also uses a comparative method between Indonesia and Thailand. The results of this study indicate that there are significant differences regarding the mechanism for appointing constitutional judges. Indonesia was proposed by three state institutions with their respective procedures, then Thailand was proposed by the Judicial institution and a special committee was formed to select constitutional judges.    

Fitriyani Fitriyani; Maryono Maryono; Muhtar Sofwan Hidayat

Jurnal Manajemen dan Pendidikan Agama Islam 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

A keyelement in the growth of teaching as a professionis teacher competency. A teacher needs to be proficient in a variety of behaviors, knowledge, and abilities in order to accomplish their professional tasks, which are demonstrated in their performance. When it comes to designing learning activities that will provide the best learning out comes, pedagogical expertise is the most important factor to take in to account. In actuality, though, there are still educators who lack pedagogical competency. The purpose of this study is to evaluate the Islamic Education (PAI) teachers' pedagogical proficiency in PAI learning activities at Bakong PittayaSchool in Pattani, Thailand. To comprehend the elements influencing the level of pedagogical competenceof PAI instructors at Bakong Pittaya School in Pattani, Thailand, as well as the characteristics of teacher competence in Thailand. This study takes a descriptive approach while using a qualitative research methodology. Data collection techniques, content analysis, interviews, and observation are all part of qualitative research. This study is being conducted at Bakong Pittaya School in Pattani, Thailand. According to the author's discussions with Islamic Education instructors and the school director, the pedagogical ability of PAI teachers at Bakong Pittaya School in Pattani, Thailand, is deemed good. Three components make up the pedagogical competency of PAI teachers: creating learning implementation plans (RPPs), carrying out learning, and conducting assessments. Teacher competency in Thailand is regulated by a teacher constitution that out lines the abilities or competencies a teacher must have, referred to as the teacher standards. Factors affecting the quality of pedagogical competence of PAI teachers in Thailand include internal factors such as efforts and initiatives from the PAI teachers themselves to develop knowledge in their field. Lack of discipline and responsibility among teachers pose a significant challenge for schools in Thailand in improving teacher competence. External factors include the school's support in providing learning facilities. Supporting factors involveactive participation from parents, community associations, teacher representatives, student representatives, directors, and principals, as well as academic experts/advisors, all of whom are part of the school committee. Keywords: , ,

Yohana Sekar Pawening; Irwan Triadi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

In the Constitution of the Republic of Indonesia article 30 paragraph (1) Every citizen is entitled and obliged to participate in the defence and security efforts of the state and paragraph (2) The defence and security efforts of the state are carried out through a universal people's defence and security system by the Indonesian National Army and the Indonesian National Police of the Republic of Indonesia as the main force, and the people as a supporting force. This relates to the development of state security and resilience efforts, one of which is the conscription efforts that have been implemented in several countries such as South Korea and Thailand. But military training in Indonesia is only given to the Indonesian National Army, which in essence is something that is directly related to the profession being undertaken. This study uses a descriptive research method which approaches by collecting literature data and analysed by the author. The results of this study confirm that currently Indonesia does not need conscription because it is not in a state of emergency or war for a long period of time so far.