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All Journal Realism: Law Review Kertha Patrika Open Access DRIVERset
Anisa Deny Setiawati
Universitas Negeri Surabaya
Law, Crime, Criminology & Criminal Justice

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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.
Civil Rights Protection of Political Parties as Private Legal Entities: Indonesia-Pakistan Comparative Study Post Constitutional Court Decision Number 60/PUU-XXII/2024 Tia Rahadatul 'Aisyi; Anisa Deny Setiawati; Febrian Indar Surya Kusuma; Qassim Hassan
Kertha Patrika Vol. 48 No. 2 (2026): Contemporary Challenges in Law: Comparative Perspectives on Justice, Legal Pro
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i02.p02

Abstract

Political parties in the Indonesian legal system act not only as political entities but also as private legal entities (rechtspersoon) possessing absolute civil rights. However, Article 40 of Law No. 10/2016 on Regional Elections, which imposed a nomination threshold based on legislative seats, restricted the legal capacity of non-parliamentary parties and negated the utility of valid votes as the organization's intangible assets. This normative legal research aims to analyze the implications of restoring the civil rights of political parties following the Constitutional Court Decision No. 60/PUU-XXII/2024, while expanding the analysis through a comparative approach with Pakistan's legal framework under the Political Parties Order (PPO) 2002. The results indicate that the Constitutional Court Decision No. 60/PUU-XXII/2024 serves as a restorative instrument that shifts the threshold basis back to valid votes to uphold the equality of legal entities. Based on the comparative synthesis, three typologies of regulatory models are identified: the Performance-Based Restriction Model (Indonesia pre-Decision 60/2024), the Compliance-Based Governance Model (Pakistan), and the Legitimacy-Based Proportionality Model (Indonesia post-Decision 60/2024). Through this comparison, Pakistan's experience demonstrates that the state can enforce internal party accountability without eliminating its fundamental civil right to nominate candidates, a governance direction that is now aligned with Indonesia's post-decision legal landscape.
Civil Rights Protection of Political Parties as Private Legal Entities: Indonesia-Pakistan Comparative Study Post Constitutional Court Decision Number 60/PUU-XXII/2024 Tia Rahadatul 'Aisyi; Anisa Deny Setiawati; Febrian Indar Surya Kusuma; Qassim Hassan
Kertha Patrika Vol. 48 No. 2 (2026): Contemporary Challenges in Law: Comparative Perspectives on Justice, Legal Pro
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i02.p02

Abstract

Political parties in the Indonesian legal system act not only as political entities but also as private legal entities (rechtspersoon) possessing absolute civil rights. However, Article 40 of Law No. 10/2016 on Regional Elections, which imposed a nomination threshold based on legislative seats, restricted the legal capacity of non-parliamentary parties and negated the utility of valid votes as the organization's intangible assets. This normative legal research aims to analyze the implications of restoring the civil rights of political parties following the Constitutional Court Decision No. 60/PUU-XXII/2024, while expanding the analysis through a comparative approach with Pakistan's legal framework under the Political Parties Order (PPO) 2002. The results indicate that the Constitutional Court Decision No. 60/PUU-XXII/2024 serves as a restorative instrument that shifts the threshold basis back to valid votes to uphold the equality of legal entities. Based on the comparative synthesis, three typologies of regulatory models are identified: the Performance-Based Restriction Model (Indonesia pre-Decision 60/2024), the Compliance-Based Governance Model (Pakistan), and the Legitimacy-Based Proportionality Model (Indonesia post-Decision 60/2024). Through this comparison, Pakistan's experience demonstrates that the state can enforce internal party accountability without eliminating its fundamental civil right to nominate candidates, a governance direction that is now aligned with Indonesia's post-decision legal landscape.
Co-Authors Aditya Wiguna Sanjaya Febrian Indar Surya Kusuma Firyal Nurul Badriyah Hezron Sabar Rotua Tinambunan Qassim Hassan Syahid Akhmad Faisol Tevan Agus Setiawan Tia Rahadatul 'Aisyi