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All Journal Constitutionale Realism: Law Review
Febrian Indar Surya Kusuma
Universitas Negeri Surabaya
Law, Crime, Criminology & Criminal Justice Social Sciences

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Constitutional Incoherence in Electoral Adjudication: An Analysis of Constitutional Court Decision No. 190/PHPU.D-VIII/2010 on Regional Election Violations and Substantive Justice Muhammad Bagus Nurullah; Febrian Indar Surya Kusuma
Constitutionale Vol 7 No 1 (2026)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/constitutionale.v7i1.5473

Abstract

This article examines the legal reasoning adopted by the Constitutional Court of the Republic of Indonesia in Decision Number 190/PHPU.D-VIII/2010 concerning the regional election dispute in Pandeglang Regency. It analyzes the Court's interpretation of electoral justice, the application of the structured, systematic, and massive (TSM) violations doctrine, and the evidentiary standards governing electoral disputes. The study aims to identify weaknesses in the Court's reasoning and reconstruct a more substantive constitutional approach that strengthens democratic integrity and protects political rights. Using normative and empirical legal methods, it applies statutory, conceptual, and case approaches supported by secondary empirical data from academic publications, legal journals, and public discussions on electoral dispute resolution in Indonesia. The findings show that the Court adopted a predominantly formalistic and quantitative approach by emphasizing vote differentials rather than the integrity of the democratic process. Strict evidentiary standards also hindered proof of violations involving intimidation, abuse of power, and political manipulation, limiting meaningful constitutional review. This article argues that electoral disputes should be treated not merely as procedural conflicts over vote tabulation but as constitutional issues involving democratic values, political equality, and public trust. It concludes that the Constitutional Court should adopt a more substantive and contextual model of constitutional reasoning to strengthen electoral justice and constitutional democracy in Indonesia.
Revitalizing Constitutional Law Learning through a Problem-Based Learning Approach in Legal Education Hezron Sabar Rotua Tinambunan; Syahid Akhmad Faisol; Tevan Agus Setiawan; Firyal Nurul Badriyah; Anisa Deny Setiawati; Aditya Wiguna Sanjaya; Febrian Indar Surya Kusuma
Realism: Law Review Vol. 3 No. 3 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i3.126

Abstract

Textbooks are a crucial component in higher education as primary learning resources that support conceptual understanding and analytical skills. In legal education, their role extends to shaping systematic and critical legal reasoning. However, the availability of textbooks aligned with the Semester Learning Plan (RPS) remains limited, particularly in Constitutional Law courses, resulting in fragmented and less contextual learning experiences. This study aims to develop and test a Problem-Based Learning (PBL)-based Constitutional Law textbook integrated with legal protection and human rights perspectives. The research employs an experimental design by implementing a prototype textbook in the Undergraduate Law Program, Campus 5, State University of Surabaya, and collecting feedback from students and experts. The results indicate that the developed textbook enhances students' critical thinking, analytical skills, and understanding of constitutional issues, especially those related to legal protection and human rights. The PBL approach encourages active learning through case analysis and problem-solving activities, making the learning process more contextual and participatory. This study contributes both theoretically and practically to the development of innovative, adaptive, and context-based legal education materials that support academic competitiveness.
Co-Authors Aditya Wiguna Sanjaya Anisa Deny Setiawati Firyal Nurul Badriyah Hezron Sabar Rotua Tinambunan Muhammad Bagus Nurullah Syahid Akhmad Faisol Tevan Agus Setiawan