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All Journal Law and Democracy Insight
Ujang Komarudin
Universitas Al Azhar Indonesia, Jakarta Selatan

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Progressive Law and Substantive Democracy in the Constitutional System Ujang Komarudin; Pitut Pramuji; Waluyo Handoko; Ida Irawati
Law and Democracy Insight Vol. 1 No. 1 (2023): June 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-272

Abstract

Substantive democracy is a democratic concept that not only emphasizes the formal implementation of electoral procedures but also prioritizes the protection of constitutional rights, social justice, and public participation in state administration. This study aims to analyze the effectiveness of regulations governing the role of the Constitutional Court in realizing substantive democracy through progressive law enforcement and to examine the urgency of implementing progressive law within the Indonesian constitutional system (Law Number 48 of 2009). This study employs a normative juridical method using statutory, conceptual, and case approaches. The legal materials consist of primary legal sources in the form of legislation and Constitutional Court decisions, as well as secondary legal sources derived from scientific journals and relevant legal literature. The findings indicate that regulations concerning democracy and the authority of the Constitutional Court have provided a sufficiently strong normative foundation for maintaining constitutional democracy and protecting citizens' rights. However, the effectiveness of these regulations is strongly influenced by the quality of law enforcement and the ability of judges to apply a progressive legal approach in achieving substantive justice. Therefore, the implementation of progressive law is essential to ensure that democracy operates not merely procedurally but also substantively in promoting justice and protecting constitutional rights within a democratic rule-of-law state.
Judicial Review and Legislative Quality in a Democratic Rule of Law Ujang Komarudin; Pitut Pramuji; Waluyo Handoko; Ida Irawati
Law and Democracy Insight Vol. 3 No. 2 (2025): December 2025
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-437

Abstract

Judicial review is a constitutional mechanism that functions to uphold constitutional supremacy while ensuring that legislative products conform to the principles of a democratic rule of law. This study aims to analyze the effectiveness of judicial review in safeguarding constitutional supremacy and legislative quality, as well as to examine the urgency of strengthening this mechanism within contemporary legal development. The research employs a normative legal method with a comparative approach by examining the provisions of the 1945 Constitution of the Republic of Indonesia, Law Number 24 of 2003 concerning the Constitutional Court as amended by Law Number 7 of 2020, and Law Number 12 of 2011 concerning Law-Making as amended by Law Number 13 of 2022. The analysis is supported by scholarly literature published over the last five years concerning judicial review, constitutional supremacy, and legislative quality. The findings indicate that judicial review effectively maintains the consistency of legal norms with constitutional principles, protects constitutional rights, strengthens checks and balances, and promotes higher legislative quality. Furthermore, strengthening judicial review has become increasingly necessary to address the growing complexity of law-making processes, enhance legal certainty, and support constitutional democratic governance. Therefore, judicial review should continue to be reinforced as a primary instrument for ensuring constitutional compliance and improving legislative quality.
Co-Authors Ida Irawati Ida Irawati Pitut Pramuji Waluyo Handoko