Seno Wibowo Gumbira
Universitas Terbuka, Indonesia

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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
Preventive Legal Education as a Strategy for Empowering Women Victims of Domestic Violence (KDRT) in Accessing Legal and Psychological Services Ica Karina; Seno Wibowo Gumbira; Grenaldo Ginting; Nurifana Umar; Suryani Intan Pratiwi Puwa
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.v4i2.1707

Abstract

This article examines preventive legal education as a strategic mechanism for empowering women victims of domestic violence (Kekerasan Dalam Rumah Tangga/KDRT) in Indonesia, specifically focusing on their access to integrated legal and psychological services. Using qualitative phenomenological methodology through in-depth interviews and thematic analysis, this study explores how targeted legal awareness programs strengthen victim agency in navigating justice systems and psychological support mechanisms. The research involved interviews with 18 participants comprising female KDRT victims, legal aid providers, psychological counselors, and community advocates across three Indonesian provinces. Findings reveal that comprehensive legal education programs significantly enhance victim empowerment by demystifying legal processes, clarifying rights under Law Number 23 of 2004, and facilitating timely access to protective services. The implementation of preventive legal education demonstrates capacity to transform victim consciousness, shifting perspectives from self-blame to recognition of legal rights and entitlements. Participants reported increased willingness to report incidents after legal awareness interventions, with 72.2% of victims subsequently accessing formal legal assistance compared to 22.8% prior to education programs. The study identifies critical success factors including integration of psychological support with legal education, community-based delivery mechanisms, and trauma-informed facilitation approaches. However, significant barriers persist, including cultural stigma, limited accessibility in rural areas, and insufficient institutional capacity. This research contributes to evidence-based advocacy for mainstreaming preventive legal education within comprehensive victim support ecosystems in Indonesia, proposing a holistic empowerment model combining legal literacy, psychological recovery, and community mobilization to achieve sustainable gender justice.