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All Journal Res Publica: Jurnal Hukum Kebijakan Publik
Agus Riewanto
Universitas Sebelas Maret
Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS PARTISIPASI MASYARAKAT KOTA SURAKARTA DALAM PEMILIHAN WALIKOTA SURAKARTA TAHUN 2020 DALAM PRESPEKTIF NEGARA DEMOKRASI Halim Arrosyid Mahendra; Agus Riewanto
Res Publica: Jurnal Hukum Kebijakan Publik Vol 8, No 1 (2024): April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v8i1.67603

Abstract

ABSTRACTThis research aims to examine community participation in the 2020 Surakarta Mayoral Election with a Democratic State perspective and knowing the obstacles related to community participation. This legal study is a descrptive study of empiric law. The approach used is a qualitative approach. The data sources used consist of primary data and secondary data. The technique of collecting legal materials with interview methods. Technical analysis used is Interactive Model Analysis methods. The results of the study indicate that community participation in the 2020 Surakarta Mayoral Election has decreased due to the co-19 pandemic, the lack of public response to the online system and the apathetic behavior of the people themselves. It is hoped that the socialization regarding the online mayoral election conducted by the KPU will innovate more so that people will become interested and willing to exercise their voting rights, and the community will be more adaptable to online activities so that the level of community participation will be high even in the midst of a pandemic.
Sistem Pemilihan Umum Distrik sebagai Alternatif Reformasi Pemilu di Indonesia Muhammad Redondo Angga Putra Ariyanta; Agus Riewanto; Andina Elok Puri Maharani
Res Publica: Jurnal Hukum Kebijakan Publik Vol 10, No 1 (2026): April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v10i1.121858

Abstract

The open proportional representation system currently used in elections for members of the People’s Representative Council in Indonesia is considered not yet fully capable of strengthening the representative relationship and public accountability between the people and their representatives. This situation has spurred a discourse on electoral reform, one aspect of which involves the implementation of a district-based electoral system. This study aims to analyze the compatibility of the district-based electoral system with the principle of popular sovereignty, as well as the possibility of changing the electoral system in accordance with the 1945 Constitution of the Republic of Indonesia, while also examining the relevance of the district-based electoral system as an alternative for electoral reform in Indonesia. This study is a normative legal study employing both a statutory and a conceptual approach. The legal materials used consist of primary and secondary legal sources, which were analyzed qualitatively. The results of the study indicate that the district electoral system does not conflict with the principle of popular sovereignty because popular sovereignty is, in essence, realized through a representative system that guarantees political representation and accountability. Furthermore, the 1945 Constitution of the Republic of Indonesia does not prescribe a specific electoral system model; therefore, changes to the electoral system fall under the legislature’s open legal policy. This study also found that the district electoral system has the potential to strengthen representation and public accountability compared to the open proportional system. Although each variant has its own advantages and disadvantages, the Two-Round System is a viable alternative worth considering in the context of Indonesia’s pluralistic society.
Dinamika Kewenangan antara Lembaga Negara dan Otorita Ibu Kota Nusantara: Analisis Yuridis UU Nomor 21 Tahun 2023 Ahmad Yusuf; Agus Riewanto; Andina Elok Puri Maharani
Res Publica: Jurnal Hukum Kebijakan Publik Vol 10, No 1 (2026): April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v10i1.121600

Abstract

The relocation of the capital from Jakarta to the Nusantara is a strategic policy with fundamental implications for Indonesia's constitutional architecture. Law No. 3 of 2022, as amended by Law No. 21 of 2023, established the IKN Authority, a sui generis ministerial-level institution granted special regional government authority and placed directly under the President. This hybrid position combines the functions of the central and regional governments, creating conceptual and practical challenges related to the distribution of authority, public accountability, and checks and balances. This study aims to analyze the existing mechanisms of relations between state institutions and the IKN Authority and formulate an ideal concept for realizing constitutional governance. Using normative legal research methods with legislative, conceptual, and comparative approaches, the study examines patterns of institutional relations within the framework of the theory of separation of powers and institutional relations. The results of this study indicate that the current legal design and practice of institutional relations tend to emphasize strategic centralization, which has the potential to create ambiguity of authority and deficits in legislative oversight mechanisms and fiscal accountability. Therefore, it is recommended to strengthen checks and balances through clarification of authority boundaries, increased fiscal and administrative accountability, and harmonization of inter-institutional norms to ensure the implementation of the IKN is accountable, transparent, and in accordance with the principles of the rule of law.
Transformasi Komisi Nasional Hak Asasi Manusia Sebagai Lembaga Superbody Dalam Pelanggaran HAM Berat Di Indonesia Tauba Zaka Adkia; Agus Riewanto; Achmad Achmad
Res Publica: Jurnal Hukum Kebijakan Publik Vol 10, No 1 (2026): April
Publisher : Department of the Constitutional Law, Faculty of Law Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/respublica.v10i1.115875

Abstract

Gross human rights violations in Indonesia have persistently faced structural obstacles, particularly due to the limited authority of the National Commission on Human Rights (Komnas HAM) and the dominant role of the Attorney General’s Office (Jaksa Agung). Although Komnas HAM is constitutionally mandated to conduct inquiries into gross human rights violations, its findings often fail to translate into effective prosecution, as evidenced by the practice of indicting only individual perpetrators while neglecting structural or command responsibility. This condition not only weakens inter-institutional coordination but also undermines accountability for gross human rights violations. This paper aims to analyze the institutional design governing Komnas HAM’s authority in handling gross human rights violations and to examine how the imbalance of power between Komnas HAM and the Attorney General’s Office (Jaksa Agung) affects the effectiveness of the human rights justice process. The study further seeks to formulate a model for strengthening Komnas HAM’s independence to ensure meaningful accountability. This research employs a normative juridical method with a statutory, conceptual, and case-based approach, focusing on Law No. 39 of 1999 on Human Rights and Law No. 26 of 2000 on Human Rights Courts, as well as selected gross human rights cases adjudicated in Indonesia. The findings indicate that Komnas HAM’s subordinate position in the criminal justice process contributes to fragmented prosecutions and the non-fulfillment of victims rights. Accordingly, this paper argues for institutional reform through the enhancement of Komnas HAM’s authority and procedural standing to strengthen accountability mechanisms for gross human rights violations in Indonesia.
Co-Authors Achmad Achmad Ahmad Yusuf Andina Elok Puri Maharani Halim Arrosyid Mahendra Muhammad Redondo Angga Putra Ariyanta Tauba Zaka Adkia