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All Journal Jurnal Pranata Hukum Jurnal Akta Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Darussalam: Jurnal Pendidikan, Komunikasi dan Pemikiran Hukum Islam Al-Adalah: Jurnal Hukum dan Politik Islam Jurnal Papatung : Jurnal Ilmu Administrasi Publik, Pemerintahan dan Politik Hanifiya: Jurnal Studi Agama-Agama INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL) Jurnal Kesehatan Tambusai AKSELERASI: Jurnal Ilmiah Nasional Jurnal Ekonomi Case Law Journal Evidence Of Law Journal of Law, Poliitic and Humanities Journal of Artificial Intelligence and Digital Business Research Horizon Jurnal Ilmiah Multidisiplin Indonesia Influence: International Journal of Science Review RechtIdee Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Jurnal Siber Multi Disiplin ENDLESS : International Journal of Future Studies
Asep Sapsudin
Universitas Islam Nusantara
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Physics Public Health Social Sciences Other

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BETWEEN LEGALITY AND LEGITIMACY IN THE PROCEDURAL JUSTICE OF THE ENACTMENT OF LAW NO. 17 OF 2023 ON HEALTH Yudhi Hertanto; Asep Sapsudin
PRANATA HUKUM Vol. 21 No. 1 (2026): Januari
Publisher : Law Faculty of Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/pranatahukum.v21i1.426

Abstract

This article examines the tension between legality and legitimacy within the procedural justice framework of Indonesia’s Law No. 17 of 2023 on Health. While the law formally satisfies the positivistic criteria of legality as outlined in statutory drafting guidelines, its legislative process raised substantial concerns regarding transparency, participation, and deliberative inclusiveness. These issues highlight the broader philosophical problem of whether legal validity based solely on procedural formality is sufficient to constitute legitimate lawmaking in a democratic state governed by the rule of law. Using theoretical perspectives from Habermas, Fuller, and Rawls, this study analyzes the degree to which the formation of the Health Law reflects or departs from the ideals of procedural justice. Habermasian discourse theory underscores the importance of communicative participation and rational–public deliberation, both of which appear limited in the law’s formation. Fuller’s principles of internal morality reveal inconsistencies related to clarity, openness, and procedural integrity. Meanwhile, Rawls’s notion of fairness emphasizes the need for equitable inclusion of affected stakeholders, particularly healthcare professionals and the wider public. The findings show that although the law may be legally valid, its legitimacy remains contested due to insufficient adherence to philosophical standards of just procedure. This paper concludes that bridging legality and legitimacy requires strengthening deliberative mechanisms, enhancing participatory routes, and reaffirming moral–procedural principles in legislative processes.
FREEDOM OF SPEECH AS A CONSTITUTIONAL RIGHT: A REVIEW OF DEMONSTRATION HANDLING PRACTICES Asep Sapsudin
AKSELERASI: Jurnal Ilmiah Nasional Vol 5 No 1 (2023): AKSELERASI: JURNAL ILMIAH NASIONAL
Publisher : GoAcademica Research dan Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/jin.v5i1.1949

Abstract

This study aims to analyze the legal guarantees of the principle of non-discrimination in fulfilling the voting rights of people with disabilities in general elections in Indonesia and to identify technical obstacles to its implementation in the field. The right to vote is a constitutional right of citizens that must be fulfilled without exception. This study uses a normative legal research method with a statute approach and a conceptual approach. Secondary data sourced from primary, secondary, and tertiary legal materials are analyzed qualitatively and descriptively. The results show that normatively, Indonesia has a strong and multi-layered legal framework, starting from the 1945 Constitution, ratification of the Convention on the Rights of Persons with Disabilities (CRPD), and the Election Law, which mandates affirmative policies for people with disabilities. However, at the empirical level, technical implementation at Polling Stations (TPS) still faces serious obstacles. These obstacles include the lack of physical accessibility for wheelchair users, limited voting aids (braille templates), the absence of visual communication media for deaf voters, inaccurate data on the Permanent Voters List (DPT), and the low sensitivity of KPPS officers. The conclusion of this study emphasizes the need for standardization and audit of TPS accessibility, reform of the technical guidance curriculum for organizers through disability awareness training, and strengthening synergy with organizations of people with disabilities in order to realize inclusive and fair elections.
Popular Sovereignty in the Algorithmic Era: Reassessing the meaning of the Will of The People in the Digital Public Space Asep Sapsudin
ENDLESS: INTERNATIONAL JOURNAL OF FUTURE STUDIES Vol. 7 No. 1 (2024): ENDLESS: International Journal of Future Studies
Publisher : Global Writing Academica Researching & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/endlessjournal.v7i1.395

Abstract

The development of artificial intelligence (AI) and commercial algorithmic systems has transformed the landscape of the digital public sphere, resulting in distortions in the process of public opinion formation. This study aims to reassess the meaning of popular sovereignty when the digital public sphere is controlled by the interests of global technology corporations through surveillance capitalism. Using a juridical-normative legal research method with a conceptual and comparative approach, this study examines the mechanics of algorithms in manipulating citizens' free will. The results show that algorithmic control systematically reduces the originality of the people's will to mere quantitative data through the formation of filter bubbles, echo chambers, and psychographic manipulation techniques in the form of political micro-targeting. This phenomenon triggers acute sociopolitical polarization, undermines the legitimacy of substantial democracy, and gives rise to new threats of techno-authoritarianism. This study concludes that the concept of popular sovereignty in the digital era requires fundamental redefinition through the recognition of the right to cognitive liberty and digital sovereignty. The state must intervene legally at the upstream level by enforcing the principle of algorithmic transparency, regular algorithm audits, limiting micro-targeting, and optimizing the Personal Data Protection Law (PDP Law). Indonesia can adopt international standards such as the European Union's Digital Services Act and AI Act to restore ultimate power to the digitally independent people, rather than the control of private platforms' algorithmic code.
THE URGENCY OF IMPLEMENTING THE SUNSET CLAUSE IN THE FORMATION OF LEGISLATION IN INDONESIA TO PREVENT OVER-REGULATION Asep Sapsudin
PAPATUNG: Jurnal Ilmu Administrasi Publik, Pemerintahan dan Politik Vol 6 No 3 (2023): PAPATUNG Volume 6 Nomor 3 Tahun 2023
Publisher : GoAcademica Research dan Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/japp.v6i3.1933

Abstract

This research is motivated by the phenomenon of overregulation in Indonesia, which has triggered hyperregulation, overlapping regulations, sectoral egos, and legal uncertainty, hampering the national investment climate. Conventional curative regulatory arrangements, such as the omnibus law method, are deemed incapable of addressing the root cause of regulatory overcrowding from the upstream. This research aims to analyze the urgency and formulate an ideal mechanism for institutionalizing sunset clauses (automatic expiration clauses) as a preventative solution to regulatory overcrowding. The research method used is normative juridical with a statute approach and a conceptual approach. Secondary data obtained through literature review was analyzed qualitatively and deductively. The results indicate that the adoption of sunset clauses is urgently needed in the Indonesian legislative system to automatically eliminate "zombie regulations" without a lengthy bureaucratic revocation process. Ideally, the institutionalization of a sunset clause would require an amendment to Law Number 12 of 2011 concerning the Establishment of Legislation (UU P3) as the primary legal umbrella, the establishment of a validity period (5–10 years) based on the Regulatory Impact Assessment (RIA) method, and strict exceptions to fundamental laws (human rights and constitutional law) to prevent legal vacuums. In conclusion, the sunset clause is a strategic instrument for restoring parliament's oversight function while simultaneously realizing a streamlined, adaptive, and responsive legal system.
The Principle of Non-Discrimination in Fulfilling the Voting Rights of Disabled Groups in General Elections Asep Sapsudin
INFLUENCE: INTERNATIONAL JOURNAL OF SCIENCE REVIEW Vol. 6 No. 3 (2024): INFLUENCE: International Journal of Science Review
Publisher : Global Writing Academica Researching and Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/influencejournal.v6i3.369

Abstract

This study aims to analyze the legal guarantees of the principle of non-discrimination in fulfilling the voting rights of people with disabilities in general elections in Indonesia and to identify technical obstacles to its implementation in practice. The right to vote is a constitutional right of citizens that must be fulfilled without exception. This study uses a normative legal research method with a statute approach and a conceptual approach. Secondary data sourced from primary, secondary, and tertiary legal materials were analyzed qualitatively and descriptively. The results show that normatively, Indonesia has a strong and multi-layered legal framework, starting from the 1945 Constitution, the ratification of the Convention on the Rights of Persons with Disabilities (CRPD), and the Election Law, that mandates affirmative policies for people with disabilities. However, empirically, technical implementation at polling stations (TPS) still faces serious obstacles. These barriers include limited physical accessibility for wheelchair users, limited voting aids (braille templates), the lack of visual communication media for deaf voters, inaccurate data on the Permanent Voter List (DPT), and low sensitivity among polling station (KPPS) officers. The conclusion of this study emphasizes the need for standardization and audits of polling station (TPS) accessibility, reform of the technical guidance curriculum for election organizers through disability awareness training, and strengthening synergy with organizations for people with disabilities to achieve inclusive and equitable elections.
Co-Authors Abda Abda Abdullah, Merwan Ade Hasan Santoso Agustin, Hilma Aulia Anindya Putri Permatasari Arfiyah, Gemah Ariyanto, Cepi Asmaidar Asmaidar Atmaja, Deni Bianda Adeti Patriajaya Dadang Kusdinar Daniyati, Nuryahyania Deden Ardiansyah Denni Boy Saragih Dewangga, Ridho Cahya Esa Susanthy Meirianna Faisal Adam, Faisal Fariska, Nurshela Fauzi Rahman Firma, Fuji Restu Fitria Fitria Giman, Anggit Wicaksono Gumay, Febrianti Hamdi, Fakhri Hendri Abdul Qohar Hertanto, Yudhi Jafar, Faozi Jusri, Elim Kadarusman Karunia, Cindy Armelia Kristianti, Nunul Lismiati, Iseu Lusiana Pratiwi Sukmajaya Maisyaroh, Sitti Mardianti, Alis Margaretha Mikael Tonni S Mohamad Dindin Hamam Sidik Mohammad Aulia Molid Ogest Putra Calisanie Calisanie Muhafid, Muhafid Muhamad Ramdani Muhammad Rifani Nur Ahmad Fadillah Parikesit, Kiagus Handrian Prajany, Joshua Jonah Pratama, Perdana Akbar Priyanto Priyanto Puspitasari Vivit Puji Putri, Mega Amanda R. Arif Hermawan Rahmat, Sandy Marzuqi Respati, H. Radea Riswan Marsal Rubiyanti, Dora Sandiyana Kertawijaya Sartono Sartono, Sartono Satrio, Andri Putro Setiawan, Eko Wahyuddin Silitonga, Lamria Slamet Riyadi Sobri Tamon, Oktavian Triana, Gallant Akmal Wibisono, Muhammad Yusuf Widyansyah, Aliffiani Yanuar, Ferdian Yudhi Hertanto Yuyut Prayuti Zahrah, Halimah