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Journal : Mimbar Keadilan

Equity and Equality in Legal Safeguards for the Rights and Duties of Political Party Members: A Normative Analysis Fikri, Sultoni; Hikam, Reza Maulana
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.10860

Abstract

This article constitutes an examination of the legal protection of the rights and obligations of political party members, focusing on the crucial role of political party members in maintaining the health and dynamics of the political process. Additionally, this article comprehensively outlines the rights and obligations that govern the behavior of political party members. This research was conducted using the normative legal research method by analyzing primary and secondary legal materials, and applying normative or prescriptive analysis techniques. The analysis results indicate that the rights of political party members include the right to associate, assemble, express opinions, engage in politics, and obtain public office. Meanwhile, the obligations of political party members encompass concrete actions such as practicing Pancasila, upholding state integrity, participating in national development, upholding the supremacy of law, conducting political education, ensuring the success of general elections, and ensuring financial transparency. Furthermore, this article proposes improvements to Law No. 8/2008 in conjunction with Law No. 2/2011 to enhance the protection of the rights and obligations of political party members. This includes the important role of supervisory institutions and law enforcement agencies in safeguarding the rights and obligations of political party members, as well as ensuring compliance with the principles of democracy and the supremacy of law within the scope of political parties. In conclusion, this article provides a significant contribution to understanding the participation, rights, and obligations of political party members in the legal and democratic context of Indonesia.
Riding the Wave of Change: Unmasking Transformative Shifts in Digital Activism for Social Justice in Indonesia Wibisono, Rizky Bangun; Fikri, Sultoni
Mimbar Keadilan Vol. 17 No. 1 (2024): Februari 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i1.10452

Abstract

This research delves into the transformative shifts in social media use in Indonesia, exploring how it has become more than a personal necessity, evolving into a powerful tool for civic engagement and justice advocacy. Focusing on the "No Viral, No Justice" movement, we dissect its impact on the nation's digital landscape and law enforcement dynamics. The analysis reveals a complex interplay of positive change and potential pitfalls, including the risk of echo chambers. The study emphasizes the significance of digital activism, transcending its role as a mere trend, and underscores its importance in holding authorities accountable. The narrative navigates through real-life examples, such as the case of sexual harassment at the Indonesian Broadcasting Commission, illustrating how social media acts as a catalyst for justice. The reflection section addresses the looming threats associated with this evolving trend and proposes strategies for mitigation. This research contributes to understanding the nuanced role of social media in Indonesian society, shedding light on both its transformative potential and the imperative need for responsible digital activism.
Who Owns the Parliamentary Seat? Party Sovereignty, Legislative Recall, and Republican Justice in Indonesia’s Democracy Fikri, Sultoni; Akhtar, Imranullah
Mimbar Keadilan Vol. 19 No. 1 (2026): Februari 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i1.133014

Abstract

The mechanism of Pergantian Antar Waktu (PAW) for legislators in Indonesia reflects a structural tension between popular sovereignty and party sovereignty. Although constitutionally recognized, PAW in practice is predominantly initiated and controlled by political parties, often without the involvement or consent of voters. This raises a fundamental constitutional problem concerning the erosion of representative freedom and the subordination of voters’ political will to internal party interests. Within a democratic constitutional, such a configuration invites critical scrutiny, particularly when assessed through normative theories of justice and freedom. This study aims to critically examine the legal construction and implementation of party-initiated PAW and to assess its compatibility with the principles of republican justice. The research seeks to demonstrate how PAW operates as a mechanism of arbitrary power that undermines the representative mandate and weakens popular sovereignty. This research employs legal research with a statutory approach and a conceptual approach. The study finds that party-initiated PAW institutionalizes a form of structural domination, where legislators and voters are placed in a condition of dependency on party discretion. The absence of public participation and effective accountability mechanisms renders PAW an exercise of arbitrary power incompatible with republican freedom. The novelty of this research lies in its application of Philip Pettit’s republican justice theory to Indonesian constitutional law, offering a critique that reconceptualizes PAW not merely as a procedural issue, but as a constitutional injustice rooted in domination over popular political will.