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All Journal Resocia: International Journal of Applied Research and Innovation Lex Recta: Journal of Law and Normative Justice
Mardana Rifta Oktaviana
Universitas Negeri Semarang

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Judicial Activism and Constitutional Boundaries: A Normative Study of Constitutional Court Decision-Making in Indonesia Mardana Rifta Oktaviana; Achmad Hidayatullah
Lex Recta: Journal of Law and Normative Justice Vol. 1 No. 1 (2026): March: Lex Recta: Journal of Law and Normative Justice
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

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Abstract

This research examines the constitutional boundaries of judicial activism in the decision-making practice of the Indonesian Constitutional Court through a normative–doctrinal approach. Grounded in the 1945 Constitution, Law No. 24 of 2003 as amended by Law No. 7 of 2020, and Law No. 12 of 2011, the study analyzes doctrinal patterns such as conditional constitutionality, ultra petita reasoning, and open legal policy intervention. By employing systematic, teleological, and structural interpretation, the article constructs a cumulative normative boundary test based on textual fidelity, structural coherence, rights necessity, institutional prudence, and doctrinal consistency. The findings indicate that judicial activism becomes constitutionally legitimate only when interpretative expansion remains demonstrably anchored in constitutional mandates and proportionate remedial design. Conversely, boundary diffusion arises when remedial innovation effectively substitutes legislative policy choices without clear constitutional compulsion. The study contributes theoretically by reframing judicial activism as a conditional constitutional function rather than an inherent judicial disposition, and methodologically by integrating doctrinal mapping with structured evaluative criteria. The proposed framework offers a principled guide for assessing constitutional adjudication legitimacy in transitional democracies
The Criminogenic Dynamics of Methamphetamine Abuse: A Differential Association Theory Approach Mardana Rifta Oktaviana; Anis Widyawati; Indah Sri Utari
International Journal of Applied Research and Innovation Vol. 1 No. 3 (2026): : July: Resocia: International Journal of Applied Research and Innovation
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/pqem1m86

Abstract

Methamphetamine abuse remains a critical challenge in Indonesia because it threatens public health, social stability, economic development, and national security. This study aims to analyze the criminogenic dynamics underlying methamphetamine abuse and to explain how social interaction and peer environments facilitate the learning of drug-related behavior through Edwin H. Sutherland's Differential Association Theory. The study employed a non-empirical qualitative design using normative juridical and criminological approaches. Secondary data were collected through an extensive review of statutory regulations, scholarly literature, previous research, court decisions, and official publications of the National Narcotics Board (BNN). The data were analyzed using qualitative content analysis. The findings indicate that methamphetamine abuse results from the interaction between internal and external criminogenic factors. Internal factors include psychological vulnerability, weak self-control, identity exploration, and curiosity, whereas external factors comprise family disorganization, deviant peer associations, weakened social control, educational limitations, and economic hardship. Differential Association Theory further explains that methamphetamine abuse is acquired through sustained interaction within intimate social groups, where individuals learn criminal techniques, motives, rationalizations, and favorable definitions toward drug use. These findings suggest that effective prevention requires integrated strategies combining family strengthening, positive social environments, education, rehabilitation, and sustained law enforcement to disrupt criminogenic social learning processes.
Co-Authors Achmad Hidayatullah Anis Widyawati Indah Sri Utari