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All Journal Indonesian Journal of Advocacy and Legal Services Indonesian Journal of Criminal Law Studies
Edy Sujendro
Victoria University of Wellington
Law, Crime, Criminology & Criminal Justice

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Constitutional Development and the Role of Democratic Advocacy: The Quo Vadis of General Elections in Indonesia Anom Suryo Nindito; Rodiyah Rodiyah; Martitah Martitah; Suhadi Suhadi; Edy Sujendro
Indonesian Journal of Advocacy and Legal Services Vol. 8 No. 1 (2026): Legal Advocacy and Justice Innovation
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v8i1.43471

Abstract

The implementation of simultaneous national and regional elections in Indonesia in 2019 and 2024 revealed significant constitutional, administrative, and democratic challenges. These included excessive institutional burdens, diminished voter rationality, weakened regional political discourse, and severe humanitarian impacts on election administrators. These conditions culminated in Constitutional Court Decision No. 135/PUU-XXII/2024, which mandates the separation of national and regional elections beginning in 2029. This article critically examines the constitutional direction, democratic implications, and normative risks of this decision, particularly its role as an instrument of constitutional engineering within Indonesia’s presidential system. Employing prescriptive qualitative legal research, the study utilizes doctrinal analysis, comparative constitutional review, and content analysis of legal norms, court decisions, and scholarly literature. The findings indicate that while election separation has the potential to strengthen governability, enhance regional democratic focus, and improve electoral rationality, it simultaneously poses risks of constitutional change by stealth. This could potentially undermine the five-year election principle and democratic legitimacy if not carefully regulated. This research contributes by integrating constitutional law, theories of governability and governmentality, and democratic advocacy into a cohesive analytical framework that moves beyond procedural electoral reform. The study concludes that Constitutional Court Decision No. 135/PUU-XXII/2024 should be treated as a constitutional guideline rather than a substitute for formal amendment. Accordingly, it recommends legislative harmonization of election laws, strengthened civic advocacy, enhanced political education, and cautious institutional restraint to ensure that electoral reform advances substantive democracy without eroding constitutional integrity.
Recognition or Restriction: Dialectics of Customary Criminal Law in the Paradigm of Indigenous Communities Yoghi Arief Susanto; Mohammad Azzayyan Haykal Aditya; Ali Masyhar Mursyid; Edy Sujendro
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.41537

Abstract

The recognition of customary law in the New Criminal Code is like a double-edged sword: on one hand, it acknowledges customary law, but on the other, it imposes limitations cloaked in formalism. This study aims to identify customary criminal offenses that are still practiced in indigenous communities and to analyze the perspectives of indigenous communities regarding customary law as the basis for criminal punishment, unlike previous studies that were still conceptual in nature and lacked empirical support. Thus, this study presents an empirical perspective from indigenous communities regarding the recognition of customary criminal law in the New Criminal Code. The approach in this study is socio-legal, employing qualitative and interpretive analysis. The research was conducted using a purposive sampling method in Sembalun Village and Bangket Parak Village through in-depth interviews with traditional leaders and a literature review. This study concludes that the formalization of customary criminal law through local regulations has the potential to weaken its dynamic nature, given that, empirically, customary criminal law in Sembalun Village and Bangket Parak Village continues to evolve in response to the needs, values, and norms of the local community. Traditional leaders have responded positively to the recognition in the New Criminal Code, noting that customary law still holds greater binding power than state law. Therefore, the regulation of customary criminal law should be sufficiently affirmed in the general provisions of the Criminal Code as a guideline for judges in uncovering the living law within the community, without the need for further formalization through local regulations, to maintain a balance between state law and legal pluralism within Indonesian society.
Co-Authors Ali Masyhar Mursyid Anom Suryo Nindito Martitah Mohammad Azzayyan Haykal Aditya Rodiyah - Suhadi - Yoghi Arief Susanto