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All Journal Law and Democracy Insight
Nur Fadilah
Sekolah Tinggi Ilmu Syariah As-Salafiyah, Pamekasan

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Strengthening Democracy through Constitutional Oversight and Electoral Regulation Nor Hasanah; Nur Fadilah
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: 10.63208/21015-273

Abstract

This study aims to analyze the effectiveness of regulations in supporting democracy and protecting citizens’ constitutional rights through Law Number 7 of 2017 concerning General Elections and Law Number 24 of 2003 concerning the Constitutional Court as lastly amended by Law Number 7 of 2020. The research employs a normative legal method with a comparative approach to examine the relationship between electoral regulation and constitutional oversight within a democratic system. The findings indicate that regulatory effectiveness is not merely determined by the existence of formal legal norms, but also by the consistency of law enforcement, the quality of constitutional supervision, and the protection of citizens’ political rights. The Constitutional Court plays a significant role as the guardian of the constitution through the judicial review mechanism to ensure that regulations remain consistent with democratic rule of law principles. Furthermore, strengthening regulations and optimizing the function of the Constitutional Court are essential to creating a responsive, inclusive, and constitutionally just democratic system. Therefore, harmonization between electoral regulations and constitutional oversight is necessary to support a more effective and sustainable democratic development.
Rule of Law and Judicial Accountability in Democratic States Nur Fadilah; Nor Hasanah
Law and Democracy Insight Vol. 2 No. 2 (2024): December 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-317

Abstract

The principle of the rule of law places judicial institutions as one of the main pillars in ensuring legal supremacy and maintaining democratic governance. This study aims to analyze the effectiveness of regulations concerning judicial independence and accountability based on the 1945 Constitution of the Republic of Indonesia, Law Number 48 of 2009 concerning Judicial Power, and Law Number 14 of 1985 concerning the Supreme Court as lastly amended by Law Number 3 of 2009. In addition, this study examines the urgency of discussing judicial accountability in supporting the implementation of the rule of law in democratic states. This study employed a juridical normative method by examining legal materials, including statutory regulations, legal doctrines, and relevant scholarly literature. The analysis was conducted using secondary legal materials published within the last five years and indexed in Google Scholar to ensure the relevance and currency of the discussion. The analysis is conducted using conceptual and statutory approaches. The findings indicate that the existing regulatory framework has provided an adequate foundation for an independent and accountable judiciary. Furthermore, strengthening judicial accountability plays an important role in enhancing institutional legitimacy, reinforcing checks and balances mechanisms, and building public trust in the judicial system. Therefore, maintaining a balance between independence and accountability is essential to support the realization of a democratic state governed by law and justice.
Co-Authors Nor Hasanah