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All Journal Jurnal Legalitas DE JURE Pembaharuan Hukum Jurnal Konstitusi Jurnal Ilmiah Hukum LEGALITY Nagari Law Review Jurnal Hukum Samudra Keadilan Al Ahkam Jurnal Suara Hukum Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Sultan Jurisprudence : Jurnal Riset Ilmu Hukum Jurnal Konstitusi DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora Trunojoyo Law Review Indonesia Law Reform Journal (ILREJ) Estudiante Law Journal Perkara: Jurnal Ilmu Hukum Dan Politik Jurnal Hukum Islam Journal of Law and Legal Reform Jurnal Legislasi Indonesia LamLaj Lex Scientia Law Review Indonesian State Law Review (ISLRev)
Novendri M Nggilu
Universitas Negeri Gorontalo
Religion Arts Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Can Crowdsourcing Revolutionize Constitutional Amendments in Indonesia? A Comparative Study of International Experiences Nggilu, Novendri; Ramdhan Kasim; Evi Noviawati; Andi Inar Sahabat; Tampubolon, Muhammad Hatta Roma
Indonesian State Law Review Vol. 8 No. 1 (2025): Indonesian State Law Review, April 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i1.20618

Abstract

In the context of improving political systems and democracy, public participation in constitutional amendments has become increasingly important, but is often limited by existing mechanisms. In response to these limitations, Iceland and Estonia have implemented crowdsourcing models to engage the public in their constitutional amendment processes. This research aims to analyze the successes, challenges and potential of crowdsourcing in constitutional amendment, with a comparison between Iceland and Estonia, and its relevance for Indonesia. The findings show that while crowdsourcing has been successful in increasing public participation and transparency, significant challenges related to inequality in access to technology and the quality of public input remain. The novelty of this research lies in identifying the factors that influence the effectiveness of crowdsourcing in constitutional reform, as well as proposing an adaptation model for Indonesia that takes into account its social diversity and existing digital infrastructure. The research suggests that for the successful implementation of crowdsourcing in Indonesia's constitutional amendment, efforts are needed to create a more inclusive system and address existing digital inequalities.
The Absence of Judicial Review on Constitutional Amendments in Indonesia: Urgency and Legal Reform for Constitutional Safeguards Nggilu, Novendri M.; Zulkifli, Zulkifli; Chami, Yassine; Perwira, Indra; Abdurahman, Ali
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.20888

Abstract

The judicial review of constitutional amendments remains underexplored in Indonesia’s legal framework despite its recognition in global constitutional discourse. Several jurisdictions, including India, Germany, and Colombia, Turkey have established judicial safeguards to prevent amendments from undermining fundamental constitutional principles. This study aims to propose a judicial review model for constitutional amendments in Indonesia to ensure the protection of constitutional identity and democratic principles. Using a comparative legal approach, this study examines international judicial practices alongside a normative analysis of Indonesia’s constitutional framework. The findings highlight three key justifications for judicial review in Indonesia: historical, philosophical-juridical, and sociological. Historically, constitutional transitions have often violated procedural norms, as seen in the 1959 Presidential Decree, which reinstated the 1945 Constitution through executive action. Philosophically, Pancasila, as Indonesia’s foundational ideology, holds a supra-constitutional status and should serve as a benchmark for amendment review. Sociologically, the absence of review mechanisms exposes constitutional amendments to political manipulation, such as attempts to extend presidential term limits. This study advocates for an a posteriori judicial review model, granting the Constitutional Court the authority to assess amendments post-enactment. This model aligns with international practices and strengthens constitutional safeguards against politically motivated amendments. Implementing such a mechanism would uphold constitutional supremacy, democracy, and the rule of law in Indonesia.
Constitutional Amendments in Muslim-Majority States: The Case of Indonesia and its Islamic Peers Tampubolon, Muhammad Hatta Roma; Nggilu, Novendri M.; Yassine, Chami; Sahabat, Andi Inar; Ismail, Nurwita
Jurnal Hukum Islam Vol 23 No 1 (2025)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi.v23i1.07

Abstract

Muslim-majority countries face unique challenges in managing constitutional change because of complex interaction between religion, politics, and law. Formal and informal constitutional amendments occur through legal procedures and judicial interpretation, political practice, and social norms, respectively. This study analyzes the dynamics of these amendments in Muslim-majority countries, focusing on Indonesia, Turkey, Egypt, and Pakistan. The research method used here adopts a normative juridical approach with a comparative approach. Reportedly, Indonesia stands out with a combination of formal amendments, such as the reform of the 1945 Constitution, and informal changes through the Constitutional Court, creating a stable and flexible legal system. In contrast, Egypt and Pakistan show that the pressure of political crises and the influence of the military often hinder the sustainability of formal reforms, although informal change remains an adaptation mechanism. These findings highlight the importance of the social and political context in shaping the path of constitutional change and indicate that informal change can serve as an adaptation tool without the need for legal text revision. The novelty of this study is its simultaneous focus on formal and informal amendments in the Muslim-majority countries, offering a contribution to the literature on global constitutionalism by explaining how informal mechanisms can complement formal reform.
Constitutional Amendment in the e-Democracy Era: Experience Constitutional “Crowdsourcing” from Iceland and Challenges for Indonesia Nggilu, Novendri; Zulkifli; Yassine, Chami; Apripari; Kaluku, Julisa Aprilia; Mohammad AbdAllah Alshawabkeh
Jurnal Suara Hukum Vol. 7 No. 2 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n2.p298-327

Abstract

The growing interest in constitutional reform has drawn attention to crowdsourcing as an innovative method for increasing public involvement. This approach, successfully implemented in Iceland, contrasts sharply with the traditionally elitist processes seen in many other countries, including Indonesia. This article investigates the potential of applying a crowdsourced model to Indonesia’s future constitutional amendment processes. Using a statutory and comparative legal method, the study analyzes the Icelandic experience to draw insights for the Indonesian context. The research finds that Indonesia's constitutional amendment process has historically marginalized public participation, lacking transparency and inclusivity. In contrast, Iceland's model demonstrates that structured digital engagement can produce a more democratic and representative outcome. This study offers two key contributions: first, it highlights the normative shift introduced by digital constitutionalism; second, it underscores the importance of designing hybrid models that blend conventional and digital mechanisms. While promising, the implementation of such a model in Indonesia faces significant obstacles, including digital inequality, manipulation risks from political buzzers, and the ethical challenges of AI-mediated discourse. These findings suggest that any future reform must be carefully tailored to local conditions, ensuring both accessibility and legitimacy
Co-Authors Abdurahman, Ali Adelia Rachmaniar Adnan, Raihan Sahrul Ahmad Ahmad Ahmad Ahmad Ahmad Ahmad Andi Inar Sahabat Apripari, Apripari Arsyad, Yusna Badu, Linawaty Wadju Barus, Sonia Ivana Chami, Yassine Delvi Putri Kaparang Dian Ekawaty Ismail Evi Noviawati Evi Noviawati Fence M Wantu Fenty U. puluhulawa Indra Perwira, Indra Ismail, Nurwita Julisa Aprilia Kaluku Ladiku, Muhammad Amin Lisnawaty W. Badu Luksiana Lasimpala Mellisa Towadi Moh. Ihsan Husnan Moh. Ihsan Husnan Mohamad Hidayat Muhtar Mohamad Rivaldi Moha Mohamad Rizky Alhasni Mohammad AbdAllah Alshawabkeh Mohammad Abdi Lanjahi Muhamad Rusdiyanto Puluhuluwa Muhammad Amin Ladiku Muhammad Hatta Roma Muhammad Ridho Sinaga Mutia Cherawaty Thalib Nur Mohamad Kasim Nur, Asrul Ibrahim Puluhulawa, Rusdiyanto U Putra Perdana Ahmad Saifulloh, Putra Perdana Ahmad Rahmat Teguh Santoso Gobel Raihan Sahrul Adnan Ramdhan Kasim Sahabat, Andi Inar Sri Indriyanti Mahmud Sulaiman, Dindha Shahrazade Suwitno Yutye Imran Vivi Oktaviani Pulukadang Wahidullah Wahidullah, Wahidullah Wirnangsi Puluhulawa Yassine Chami Yassine, Chami Yayuk Rizki Hulukati Zulkifli Zulkifli Zulkifli