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RETHINKING LEGISLATIVE TERM LIMITS: SAFEGUARDING DEMOCRATIC RENEWAL IN CONSTITUTIONAL STATE OF INDONESIA Ristyawati, Aprista; Utama, Yos Johan; Wardhani, Lita Tyesta Addy Listya; Hanum, Willy Naresta
Diponegoro Law Review Vol 10, No 1 (2025): Diponegoro Law Review April 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.1.2025.16-28

Indonesia’s constitutional framework enshrines the separation of powers among the executive, legislative, and judicial branches, yet only the legislature lacks explicit term‐limit provisions for its members. This normative legal analysis examines the democratic and legal implications arising from this regulatory gap and proposes strategies to safeguard legislative renewal. Utilizing primarily on secondary sources—statutes, academic literature, and comparative analyses—the research employed both statutory and conceptual approaches to assess existing laws, notably Law No. 17 of 2014 on the People’s Consultative Assembly and House of Representatives and Law No. 7 of 2017 on General Elections. The analysis identifies three core deficiencies: first, the lack of term limits undermines legal certainty by leaving tenure duration indeterminate and susceptible to arbitrary interpretation; second, unlimited re‐election fosters power entrenchment, increasing risks of corruption, collusion, and nepotism, and weakening the legislature’s oversight and budgetary functions; third, perpetual incumbency impedes generational renewal, diminishing internal party democracy and restricting political recruitment. Drawing comparative insights from Australia’s staggered Senate terms illustrate how structured tenure can promote dynamism while retaining institutional memory. In response, the study advocates for a clear legislative amendment that caps legislators’ service to two consecutive terms, aligned with principles of accountability, rotation of power, and open political recruitment. Additionally, it recommends that political parties institutionalize transparent internal mechanisms and enforce term‐limit rules to ensure cadre development and democratic governance. By codifying legislative term limits and fostering proactive party roles, Indonesia can strengthen constitutional checks and balances, enhance the legislative quality, and secure sustainable democratic renewal.

Developing Optimal Approaches for Investigating Corruption Crimes in Unique Circumstances Willy Naresta Hanum; Iswantoro, Iswantoro
Jurnal Justice Dialectical Vol 2 No 2 (2024): Jurnal Justice Dialectical
Publisher : Sekolah Tinggi Ilmu Hukum Adhyaksa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70720/jjd.v2i2.53

Investigating criminal acts of corruption in certain circumstances is ineffective because the investigation and prosecution process carried out by law enforcement officials in Indonesia is discontinuous. This is normative legal research that uses a statutory approach to determine material and formal suitability for investigating criminal acts of corruption in certain circumstances. The legal materials used are primary and secondary. The data collection technique was carried out by literature study and then analyzed using the syllogism method. The research results show, first, that the lack of optimal investigation is influenced by three factors: substance, structure, and legal culture. Second, formulating ideals for investigating criminal acts of corruption in specific circumstances is necessary. This includes revising the provisions on criminal threats in court decisions, reformulating the role and function of the police, prosecutors, and corruption eradication commissions related to investigations, and recognizing the community's role in preventing corruption in Indonesia. Therefore, the government must consider reformulating the investigation of criminal acts of corruption, especially in certain circumstances, to make it more effective.

The Role of The Commission for The Acceleration of Police Reform in Integrating Legal Politics with The Reconstruction of The Constitutional and Legislative Systems Rengga Kusuma Putra; Lita Tyesta Addy Listya Wardhani; Bagus Hermanto; Willy Naresta Hanum; Aziz Widhi Nugroho
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.87

The institutional reform of the Indonesian National Police (Polri) is a strategic agenda in realizing democratic and just governance. One of the main challenges is the integration of legal politics and the reconstruction of the constitutional system and legislation consistent with national legal principles. This study aims to analyze the role of the Commission for the Acceleration of Indonesian National Police Reform in integrating legal politics with the reconstruction of the constitutional system and legislation, identify supporting and inhibiting factors in the integration process, and evaluate its impact on the effectiveness of Polri institutional reform. The research method used is qualitative with a normative-sociological legal approach, involving legal document analysis, literature studies, semi-structured interviews, and participant observation. The results show that the Commission successfully bridged inter-institutional coordination, regulatory harmonization, and the implementation of institutional practices aligned with the principles of legal politics, thereby increasing the effectiveness of reform. Supporting factors include political support and internal awareness of the Polri, while obstacles arise from overlapping regulations, internal resistance, and limited resources. This study makes a scientific contribution by emphasizing the importance of integration between legal norms and the socio-institutional context for sustainable institutional reform. Keywords: Commission for the Acceleration of Police Reform; Legal Politics; State Reconstruction.

Criminal Liability for Corruption of Bribery: Problems and Legal Reform Rian Saputra; M Zaid; Muhammad Kurniawan Budi Wibowo; Willy Naresta Hanum; Devi Triasari
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22251

This study aims to clarify the concerns of bribery and corruption within Indonesia’s legal framework for combating corruption, particularly with the duality in establishing legal norms that support criminal liability for bribery offenses. After identifying the concerns, this study aims to suggest ideas for amending bribery and corruption legislation based on legal certainty. This normative legal examination utilizes a legislative methodology and a comparative law framework. The study’s findings reveal that the Corruption Eradication Law, which regulates bribery offenses, engenders legal ambiguity in enforcing such crimes, as the legislators, namely the government and the Indonesian Parliament, have instituted provisions for bribery offenses that lack consistency. The manifestation of this phenomenon is mainly determined by the subjective assessments of law enforcement officials concerning the relevant statute. The subjective discretion of law enforcement officials in choosing relevant statutes may lead to the abuse of power concerning civil servants,state officials, and judges who accept bribes. To establish legal certainty, criminal liability for bribery may be achieved by amending Article 12(a) of the Corruption Eradication Law as follows: A civil servant or state official who accepts a gift or promise, with knowledge or reasonable suspicion that it is intended to induce him to act or refrain from acting contrary to his obligations, shall face a prison sentence of no less than 1 year and no more than 20 years, in addition to a penalty equivalent to five times the value of the bribe.

Legal Certainty Based Protection of Well-Known Marks: Lessons from India Rian Saputra; Pujiyono Suwadi; Willy Naresta Hanum; Tiara Tiolince; Giovan Bintang Graha Pratama
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 2 (2026): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i2.42820

This study identifies issues in the protection of 'well-known marks' in Indonesia and proposes remedies for their preservation through amendments to Indonesia's trademark legislation, with a focus on legal certainty. This study employs a normative legal analysis utilising a technique based on court decisions, statutes, concepts, and comparisons, with India serving as the reference point. This study concludes that, from a philosophical standpoint, legal protection for 'well-known marks' protects both the economic rights of legitimate trademark holders and consumers from misguided product choices due to the exploitation of 'well-known marks' by unscrupulous entities seeking to profit from the brand's reputation. The difficulty of protecting prominent trademarks in Indonesia stems from ambiguous and perhaps illogical legislation. The absence of a definition and standards for 'well-known marks' in the 2016 Trademarks Act, along with provisions on trademark infringement that solely protect registered trademarks. Conversely, India has clearly defined 'well-known marks' in the 1999 Trademarks Act. Indian trademark law protects 'well-known marks' via a mechanism wherein the judiciary or the trademark registration authority acknowledges certain marks. It also outlines trademark infringement related to both registered and unregistered trademarks, including 'famous trademarks'. Therefore, amending Indonesia's trademark legislation to protect 'well-known marks' is crucial for ensuring legal clarity by: first, defining 'well-known marks' and their criteria under the 2016 Trademark Law; second, providing administrative protections for 'well-known trademarks' through recognition by the Directorate General of Intellectual Property; third, broadening the meaning of trademark infringement to include not only registered trademarks but also all trademarks, including 'well-known marks.'

Evaluating the Implementation of Meaningful Participation Principles for Vulnerable Groups in Promoting Inclusive Legislation: A Comparative Study of Indonesia and Poland Rengga Kusuma Putra; Satriya Nugraha; Edvardas Juchnevicius; Willy Naresta Hanum; Sandra Leoni Prakasa Yakub
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p02

This study aims to evaluate the regulation and implementation of the principle of meaningful participation of vulnerable groups in the legislative process, and to identify factors influencing its effectiveness in realizing inclusive legislation through a comparative study between Indonesia and Poland. This study uses a normative legal research method with a legislative, conceptual, and comparative approach. The legal sources include primary legal materials in the form of constitutions, laws, and regulations related to public participation and legislation; secondary legal materials in the form of national and international scientific journals, textbooks, and reports from state and international institutions; and tertiary legal materials as conceptual support. The analysis was conducted qualitatively through legal reasoning and a comparison between norms and practices in Indonesia and Poland. The results show that normatively both countries have recognized the importance of public participation, including vulnerable groups, as part of the principles of democracy and the rule of law. However, the implementation of meaningful participation still faces gaps between regulation and practice, particularly regarding access to information, substantive involvement, and the actual influence of vulnerable groups on the substance of legislation. Factors determining the effectiveness of meaningful participation include the strength of the legal basis, the political commitment of lawmakers, institutional capacity, the role of civil society, and transparency and accountability mechanisms. This research makes a scientific contribution by enriching comparative law-based inclusive legislative studies and offering policy recommendations for strengthening meaningful participation of vulnerable groups.

Evaluating the Implementation of Meaningful Participation Principles for Vulnerable Groups in Promoting Inclusive Legislation: A Comparative Study of Indonesia and Poland Rengga Kusuma Putra; Satriya Nugraha; Edvardas Juchnevicius; Willy Naresta Hanum; Sandra Leoni Prakasa Yakub
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p02

This study aims to evaluate the regulation and implementation of the principle of meaningful participation of vulnerable groups in the legislative process, and to identify factors influencing its effectiveness in realizing inclusive legislation through a comparative study between Indonesia and Poland. This study uses a normative legal research method with a legislative, conceptual, and comparative approach. The legal sources include primary legal materials in the form of constitutions, laws, and regulations related to public participation and legislation; secondary legal materials in the form of national and international scientific journals, textbooks, and reports from state and international institutions; and tertiary legal materials as conceptual support. The analysis was conducted qualitatively through legal reasoning and a comparison between norms and practices in Indonesia and Poland. The results show that normatively both countries have recognized the importance of public participation, including vulnerable groups, as part of the principles of democracy and the rule of law. However, the implementation of meaningful participation still faces gaps between regulation and practice, particularly regarding access to information, substantive involvement, and the actual influence of vulnerable groups on the substance of legislation. Factors determining the effectiveness of meaningful participation include the strength of the legal basis, the political commitment of lawmakers, institutional capacity, the role of civil society, and transparency and accountability mechanisms. This research makes a scientific contribution by enriching comparative law-based inclusive legislative studies and offering policy recommendations for strengthening meaningful participation of vulnerable groups.

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