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All Journal Lex Journal : Kajian Hukum dan Keadilan
Yovan Iristian
Faculty of Law, University of Dr. Soetomo
Law, Crime, Criminology & Criminal Justice

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The Dynamics of Checks and Balances in the New Administration: Safeguarding the Integrity of the Judiciary in Achieving Substantive Justice Dwi Kartini; Depi Angga Alpiana; Yovan Iristian
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 2 (2026): June
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i2.12036

Abstract

This research examines the critical tension between executive expansion and judicial independence within the context of the 2024 general elections and the emergence of new administrations globally and in Indonesia. Utilizing a normative-legal and comparative approach, the study analyzes the phenomenon of "autocratic legalism," where legal instruments are strategically repurposed to consolidate political power, thereby threatening the traditional framework of checks and balances. The findings indicate a significant global regression in democratic standards, with a 67% "fatality rate" for autocratizing democracies and a measurable decline in judicial constraints on executive power in 61% of nations. In Indonesia, the 2024 transition highlighted structural vulnerabilities in the Constitutional Court, particularly regarding ethical dilemmas and the "judicial capture" of candidate eligibility requirements. The article further explores the paradigm shift from proceduralism to substantive justice, arguing that the realization of equitable outcomes requires judges to adopt a "Justice as Fairness" approach, rooted in natural law and human rights, to balance the inherent power asymmetry between the state and its citizens. The study concludes that safeguarding judicial integrity requires institutional reforms including transparent appointment mechanisms, budgetary autonomy, and a progressive interpretive framework that transcends formalistic legal positivism.
A Comparative Analysis of Government Systems: A Theoretical Study of Presidential, Parliamentary, and Indonesia’s Sui Generis Constitutional Dialectic Systems Ogi Pracoyo; Reza Anggara Bahar; Yovan Iristian
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 2 (2026): June
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i2.12058

Abstract

This research examines the complex dynamics of global governance models through a comparative lens, focusing on the fundamental dichotomy between presidential and parliamentary systems and the unique constitutional evolution of Indonesia. The primary objective is to analyze the structural efficacy, accountability mechanisms, and stability profiles of these systems in the context of contemporary democratic challenges such as the rise of populism and institutional erosion. Utilizing a normative juridical and comparative qualitative methodology, the study synthesizes constitutional provisions, recent Scopus-indexed literature (2020-2025), and landmark judicial decisions to provide an expert-level evaluation of institutional design. The findings reveal that while parliamentary systems excel in representativeness and collective responsibility through executive-legislative fusion, they often struggle with coalition instability. Conversely, presidential systems offer executive stability through fixed tenure but face risks of polarization, gridlock, and power concentration. Indonesia's system is identified as a "sui generis" model—a product of constitutional dialectics that attempts to purify the presidential executive while operating within a hyper-pluralistic multi-party environment. The research highlights the pivotal role of the Indonesian Constitutional Court in shifting the national priority from "governability" to "representativeness" through Decision No. 62/PUU-XXII/2024. The study concludes that the effectiveness of a government system is inherently tied to its cultural and historical context, requiring continuous institutional engineering to balance executive power with democratic inclusivity.
Artificial Intelligence and Administrative Law in Modern Governance Yeri Antoni; Fatimah Nur Fauzia; Yovan Iristian
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 2 (2026): June
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i2.12203

Abstract

This research examines the transformative impact of Artificial Intelligence (AI) and algorithmic decision-making (ADM) on administrative law and modern governance. As governments increasingly integrate AI into public services—from welfare distribution and tax administration to law enforcement—foundational principles of administrative law, including legality, transparency, and accountability, face unprecedented challenges. The objective of this study is to analyze how existing legal doctrines adapt to the "black-box" nature of AI and to evaluate emerging global regulatory frameworks. Utilizing a descriptive-analytical methodology rooted in a comprehensive literature review of international legal scholarship and landmark case law, the study identifies a growing tension between administrative efficiency and the protection of fundamental rights. The findings suggest that while AI enhances productivity by reducing "noise" in human judgment, it risks entrenching systemic biases and eroding procedural fairness. The results highlight the necessity of "communicative accountability" and "prospective benchmarking" to maintain the rule of law. The study concludes that modern governance requires a transition from traditional human-centric oversight to integrated socio-technical regulatory models, exemplified by the EU AI Act and the lessons learned from the failures of systems like SyRI in the Netherlands and Robodebt in Australia.
Co-Authors Depi Angga Alpiana Dwi Kartini Fatimah Nur Fauzia Ogi Pracoyo Reza Anggara Bahar Yeri Antoni