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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 Jambura Law Review 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) JILS (Journal of Indonesian Legal Studies)
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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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
Rethinking Indonesian Constitutional Amendments: The Prospects and Perils of Judicial Review Nggilu, Novendri M.; Perwira, Indra; Abdurahman, Ali; Moha, Mohamad Rivaldi; Rachmaniar, Adelia
Journal of Indonesian Legal Studies Vol. 9 No. 2 (2024): Reforming Legal Frameworks: Justice, Rights, and Innovation in Indonesia and Be
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v9i2.19158

Abstract

This article aims to evaluate the constitutional design of Indonesia's regulatory review system, which is administered by two institutions with judicial power. It also looks into the various obstacles that will arise when judicial review of constitutional amendments is put into practice in Indonesia. Statutory approaches are used in this article. The outcome demonstrates that the Indonesian constitution contains unchangeable provisions and that there is experience with both formal and informal, unusual constitutional amendments. These factors require the establishment of a judicial review mechanism to supervise constitutional amendments carried out in accordance with custom and as stipulated in the constitution, as well as to maintain and preserve the basic identity and structure of the constitution in order to prevent pragmatic constitutional amendments from damaging, eliminating, or undermining it. Challenges that the Constitutional Court will confront in its role as a judicial implementing actor in reviewing constitutional amendments when they are implemented in Indonesia in the future include resistance that will arise from the People's Consultative Assembly, intervention, and intimidation by other branches of power towards the Constitutional Court, as well as defiance of the decisions of the Constitutional Court, especially regarding the unconstitutionality of constitutional amendments.
Legal Protection Bonda And Bulango Languange : In Reality And Prospect Nggilu, Novendri; Badu, Lisnawaty Wadju; Imran, Suwitno Yutye
Jambura Law Review VOLUME 3 NO. 1 JANUARY 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (336.536 KB) | DOI: 10.33756/jlr.v3i1.6947

Abstract

72 years independent of Indonesia, the regulation of culture became a "fragmented norm" into various laws, then in 2017 Indonesia has a special law regulating the promotion of culture, as if it was an oasis in the midst of "extinction" the protection against extinct regional languages including Bonda and Bulango languages. This research is intended to examine the prospects of the policies that need to be taken by the Bone Bolango District Government in protecting and sustaining the Bonda and Bulango languages as a form of fulfillment Indonesia Constitution promises that are leerplicht. The scientific method used in this study is a type of normative research with a statute approach, case aproach and conseptual approach. The results showed that the reality of the protection of Bonda and Bulango Languages was far from the maximum word, it can be seen from the lack of documentation about the Bulango Language morphology and the condition of the use of Bulango language which only leaves one speaker, while Bonda Language is even a Bonda dictionary but its use is still limited to the Suwawa peoples only, with the condition of its speakers diminishing. The policy prospects that can be carried out by the local government in protecting and preserving the Bonda and Bulango languages include the establishment of a regional regulation on the protection and preservation of Bonda and Bulango as the basis for the Bone Bolango district Government which will regulate the obligations of educational institutions both formal and informal Primary and Secondary level in the protection and preservation of Bulango and Bonda languages, village government obligations, peoples obligations, and the role of the council of custom or duango lo lipu, including the source of the budget for the protection and preservation of Bonda and Bulango languages, and followed by technical policies others as a real form of preservation of the two languages.
Reformulation of the Authority of Judicial Commission: Safeguarding the Future of Indonesian Judicial Power Rasyid, Usman; Nggilu, Novendri Mohamad; Wantu, Fence; Kaluku, Julisa Aprilia; Ahmad, Ahmad
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v5i2.24239

Abstract

Jurisdiction of Indonesian judiciary still leaves various polemics, one of which relates to decisions that are antinomian between the Constitutional Court and the Supreme Court. This research aims to describe efforts to resolve these issues through reformulation within the constitution, regarding the supervisory authority of the Judicial Commission in creating harmonization of judicial decisions in the future. This type of research is normative research. The results indicate that reformulation or redefinition of the authority of the Judicial Commission in the constitution is a gateway to optimizing the role of the Judicial Commission as a product of reform in supervising judges in issuing correct, fair, and legal certainty decisions. Regulation through the constitution is an attributive authority in which the formulation of constitutional norms in the chapter on judicial power, particularly Article of the Judicial Commission, should preferably include phrases of "safeguarding" and "upholding" the code of ethics and conduct of judges, as preventive and repressive measures to prevent antinomian decisions between two judicial state institutions from recurring.
Reforming the Indonesian Bureaucracy through State Civil Apparatus Reform, Could It be Optimized with Technology? Amancik, Amancik; Barus, Sonia Ivana; Saifulloh, Putra Perdana Ahmad; Nggilu, Novendri M.; Nur, Asrul Ibrahim
Journal of Law and Legal Reform Vol. 5 No. 3 (2024): Various Issues on Law Reform in Indonesia and Beyond
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i3.13753

Abstract

Bureaucracy, from a societal perspective, is often perceived as complex, slow, and inefficient. Despite these criticisms, bureaucracy remains a fundamental component of governance and plays a crucial role in societal functioning. As such, bureaucratic reform has been a prominent focus of policy discussions for several decades. A technology-driven government system, coupled with a bottom-up approach, has the potential to enhance efficiency, transparency, and accountability in public administration. However, in practice, such reforms have been largely confined to central government institutions and select agencies. This study aims to explore the integration of technology within the bureaucratic system in Indonesia, with a focus on its comprehensive implementation across government structures. Employing a normative research methodology, the study emphasizes the need for the government to take proactive steps in developing a skilled workforce in information technology. The authors also recommend strategically mapping positions that can integrate technological expertise throughout government departments. Furthermore, the study proposes a comprehensive examination of the potential for replacing executive positions with artificial intelligence (AI) to streamline and simplify bureaucratic processes.  In addition to technological advancements, bureaucratic reform must be accompanied by legal reform, particularly in the areas of data security and the protection of personal information. This includes redefining bureaucratic and personal data categories to ensure robust safeguards. The Personal Data Protection Law should play a pivotal role in integrating these data types and ensuring their protection. Moreover, the Telecommunications Act and the Personal Data Protection Act should foster collaboration between the government and technology companies to develop effective security solutions. Lastly, strengthening the Ombudsman as a public service oversight institution is essential to ensuring transparency and accountability in the implementation of bureaucratic and technological reforms.
Judicial Review of Constitutional Amendments: Comparison Between India, Germany, Colombia, and the Relevancy with Indonesia Nggilu, Novendri; Moha, Mohamad Rivaldi; Sinaga, Muhammad Ridho; Rachmaniar, Adelia
Lex Scientia Law Review Vol. 8 No. 1 (2024): Contemporary Legal Challenges and Solutions in a Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i1.1901

Abstract

The purpose of this study is to explore the urgency for a judicial review of the constitutionality of Indonesia's constitutional amendments. In addition, it explores, using Germany, Colombia, and India as comparative materials, the practice of judicial review regarding the constitutionality of constitutional amendments. The main writing approach used in this article, which examined the constitutional texts of Germany, Indonesia, Colombia, India, and Germany, was a comparative one. Similar provisions that are unchangeable explicitly or implicitly may be found in the constitutions of Colombia, Germany, India, and Indonesia. However, there are fundamental differences in efforts to protect, maintain and preserve these unchangeable provisions (as the fundamental structure and identity of the Constitution) in reviewing the constitutionality of constitutional amendments. This mechanism is practiced in India, Germany and Colombia but not in Indonesia. However, if studied carefully, 3 aspects show the urgency of implementing this mechanism in Indonesia: 1) historical aspects (the existence of past events regarding constitutional changes or transitions that are normatively unconstitutional; 2) philosophical and juridical aspects (the existence of Pancasila as state ideology as well as constitutional identity and the existence of Article 37 paragraph (5) which clearly states that the Form of the Republic of Indonesia cannot be changed); and 3) sociological aspects (the issue of constitutional amendments which seems to be patterned at the end of each president's term of office to extend the period of the president's term of office to three terms). These three aspects are the primary consideration and basis for implementing a mechanism for reviewing the constitutionality of constitutional amendments so that the fundamental structure and identity of the Indonesian Constitution are not damaged or eliminated by parliament through constitutional amendment activities.  
Co-Authors Abdurahman, Ali Adnan, Raihan Sahrul Ahmad Ahmad Ahmad Ahmad Ahmad Ahmad Amancik Amancik 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 M. Hatta Roma Tampubolon 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 Ridho Sinaga Mutia Cherawaty Thalib Nur Mohamad Kasim Nur, Asrul Ibrahim Puluhulawa, Rusdiyanto U Putra Perdana Ahmad Saifulloh, Putra Perdana Ahmad Rachmaniar, Adelia Rahmat Teguh Santoso Gobel Raihan Sahrul Adnan Ramdhan Kasim Rasyid, Usman 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