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All Journal Law and Democracy Insight
Kenneth Jonathan
Universitas Pakuan, Bogor

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Electoral Integrity and Democratic Participation in Indonesia: A Legal Perspective on Election Governance Kenneth Jonathan; Vania Anindya
Law and Democracy Insight Vol. 2 No. 1 (2024): June 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-320

Abstract

Electoral integrity and democratic participation are fundamental elements of democratic governance because they directly influence the institutional legitimacy, legal accountability, and structural stability of electoral systems. This study examines the conceptual alignment and practical implementation of election governance in Indonesia through a normative juridical method and doctrinal legal analysis of Law Number 7 of 2017 on General Elections and Law Number 10 of 2016 on Regional Head Elections. These statutory frameworks are evaluated alongside international human rights standards, specifically Articles 8, 10, and 21 of the Universal Declaration of Human Rights (UDHR) and Articles 2, 14, and 25 of the International Covenant on Civil and Political Rights (ICCPR). The findings demonstrate that electoral integrity is significantly strengthened by harmonized statutory frameworks, independent institutional oversight, and robust legal safeguards against emerging threats such as digital disinformation and political polarization. Furthermore, democratic participation reinforces civic representation and constitutional legitimacy. The study concludes that maintaining continuous alignment between domestic legislation and international human rights benchmarks is essential for sustaining democratic governance in Indonesia.
The Role of the Constitutional Court in Strengthening Constitutional Democracy in Indonesia Vania Anindya; Kenneth Jonathan
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: 10.63208/21015-485

Abstract

This study aims to analyze the role of the Constitutional Court in strengthening constitutional democracy in Indonesia from a normative legal perspective. The study focuses on the effectiveness of the legal framework governing the Constitutional Court and the urgency of institutional strengthening in maintaining the principles of a democratic rule of law state (Law Number 7 of 2020). The research method used is a normative juridical method, based on the 1945 Constitution of the Republic of Indonesia, the Constitutional Court Act, the Judicial Power Act, and recent academic literature. The findings indicate that normatively, the legal framework governing the Constitutional Court is sufficiently effective in providing a strong basis for its authority as the guardian of the constitution through judicial review mechanisms and the protection of citizens’ constitutional rights. However, its effectiveness still depends on implementation, institutional independence, and consistency in constitutional interpretation. Furthermore, strengthening the Constitutional Court’s regulatory framework is an urgent necessity in responding to contemporary constitutional dynamics to ensure the continuity of checks and balances and the reinforcement of constitutional democracy. Thus, the Constitutional Court functions not only as a judicial institution but also as a key pillar in maintaining the stability of Indonesia’s democratic and constitutional legal system.
Co-Authors Vania Anindya