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All Journal Jurnal Smart Hukum (JSH)
Samuel Frans Boris Situmorang
Universitas HKBP Nommensen, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Paradox of Judicial Power: The Indonesian Constitutional Court’s Activism in the Post‑Ahok Era and Its Impact on Electoral Democracy Christopher Panal Lumban Gaol; Samuel Frans Boris Situmorang; Seno Wibowo Gumbira; Irsyad Sudirman; Suryani Intan Pratiwi Puwa
Jurnal Smart Hukum (JSH) Vol. 5 No. 1 (2026): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v5i1.1957

Abstract

This study investigates the paradoxical role of the Indonesian Constitutional Court (Mahkamah Konstitusi, MK) in shaping electoral democracy after the 2017 Jakarta gubernatorial election that convicted Basuki Tjahaja Purnama (Ahok) for blasphemy. While judicial activism is generally seen as a mechanism to defend constitutional rights, the post‑Ahok period witnessed a surge in MK rulings that override electoral commissions and construct new legal norms, often with majoritarian and exclusionary undertones. Employing a panel fixed‑effects regression on 34 Indonesian provinces from 2014 to 2023, this research quantitatively examines the relationship between MK activism in electoral disputes and provincial electoral democracy scores. The independent variable, a novel Judicial Activism Index (JAI), captures annual counts of MK decisions that annulled KPU determinations or introduced expansive interpretations in pemilu and pilkada cases. The results reveal a significant negative interaction effect between the JAI and the Post‑Ahok dummy (2017–2023) on the Provincial Electoral Democracy Score. In the post‑Ahok period, a one‑unit increase in activist rulings is associated with a 1.8‑point decline in democratic quality, controlling for economic and political covariates. The findings unveil a paradox: a court empowered to guard democracy can, under conditions of heightened identity politics, become a vehicle for democratic regression. The study calls for recalibrating the MK’s self‑restraint doctrine to prevent judicial overreach from undermining electoral pluralism
Legislative Drafting and Climate Justice Aspects: An Evaluation of the Consistency of the Omnibus Law on Job Creation with Sustainable Development Principles Henny Saida Flora; Cindy Mariam Magdalena Rantung; Shintia Alvernia Gorrettie Gijoh; Irsan Rahman; Samuel Frans Boris Situmorang
Jurnal Smart Hukum (JSH) Vol. 4 No. 2 (2026): October-January
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i2.1768

Abstract

This study employs quantitative methods to evaluate the consistency of Indonesia's Omnibus Law on Job Creation (UU Cipta Kerja) with climate justice principles and sustainable development goals. Through statistical analysis of environmental licensing data, foreign direct investment flows, and ecological degradation indicators from 2019-2023, the research reveals significant regulatory simplification that potentially undermines environmental safeguards. The analysis demonstrates a 47.4% reduction in licensing procedures, correlating with increased investment but raising concerns about procedural justice and intergenerational equity. Panel data regression analysis indicates that while the law achieved its objective of improving investment climate, it simultaneously weakened environmental protection mechanisms, particularly through the replacement of environmental permits with environmental approvals. The findings suggest that the legislative drafting process prioritized economic efficiency over climate justice considerations, creating potential conflicts with constitutional mandates for environmental protection and Indonesia's commitments under the Paris Agreement. This research contributes empirical evidence to the discourse on balancing economic development with climate justice in emerging economies
Co-Authors Christopher Panal Lumban Gaol Cindy Mariam Magdalena Rantung Henny Saida Flora Irsan Rahman Irsyad Sudirman Seno Wibowo Gumbira Shintia Alvernia Gorrettie Gijoh Suryani Intan Pratiwi Puwa