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All Journal Yustisia Merdeka : Jurnal Ilmiah Hukum Pleno Jure Economy Deposit Journal ( E-DJ) Petitum Kalabbirang Law Journal Pinisi Business Administration Review International Journal of Health, Economics, and Social Sciences (IJHESS) International Journal of Humanities Education and Social Sciences Kanun: Jurnal Ilmu Hukum
Patawari Patawari
Universitas Indonesia Timur
Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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Regional Head Elections by the People's Representative Council: A Critical Analysis of Constitutionality and Democratic Backsliding Mawardi Mawardi; Yudhi Hertanto; Patawari Patawari; Jusuf Luturmas; Karman Jaya
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 5 No 5 (2026): IJHESS APRIL 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhess.v5i5.2149

Abstract

The election of regional heads constitutes a fundamental mechanism for the realization of popular sovereignty and the implementation of decentralization at the local level. Since the post-reform era, the direct election of regional leaders by citizens has been widely regarded as a significant achievement in strengthening local democracy in Indonesia. Nevertheless, the re-emergence of discourse advocating the election of regional heads by Regional People’s Representative Councils (DPRD) has sparked intense debate, particularly from constitutional law and contemporary democratic theory perspectives. This article aims to critically examine the election of regional heads by DPRD by assessing its compatibility with constitutional principles and analyzing its implications within the framework of democratic backsliding. The research employs normative legal methods, utilizing statutory, conceptual, and comparative approaches. The findings indicate that although the election of regional heads by DPRD may formally satisfy procedural democratic requirements, such a mechanism carries a substantial risk of weakening substantive democracy. This is evidenced by the reduction of direct public participation, the increasing influence of political elites and oligarchic structures, and the shift of accountability from the electorate to local legislative bodies. Furthermore, this mechanism is considered inconsistent with the spirit of Article 18 paragraph (4) of the 1945 Constitution of the Republic of Indonesia, which emphasizes the democratic election of regional leaders. Therefore, any alteration to the regional head election system must be approached with caution to ensure that it does not become a vehicle for democratic regression, but rather contributes to the enhancement of legitimacy, public participation, and the overall quality of local democracy.
Advocate Immunity Rights in Providing Legal Services to Clients Yohanes Pande; Zakiyatun Nufus; Patawari Patawari; Rica Gusmarani; Muchamad Taufiq
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 6 No. 3: July 2024 - International Journal of Health, Economics, and Social Sciences (IJHESS)
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v6i3.5761

Abstract

An advocate is a person whose profession is to provide legal services, both inside and outside the court, who fulfill the requirements under the Advocate law. Advocates are law enforcers, free and independent, guaranteed by laws and regulations." In this way, it has been clearly stated that the position of advocates is equal to that of police, prosecutors and judges as law enforcers. In providing legal aid services to their clients, advocates have the right to immunity and cannot be sued either civilly or criminally, as regulated in Article 16 of Law Number 18 of 2003 concerning Advocates and strengthened by the decision of the Constitutional Court (MK) which states that the right to immunity This applies both inside and outside the court. An advocate's immunity is always limited by good faith, which is defined in the Elucidation to Article 16 of the Advocate Law, namely that what is meant by good faith is carrying out professional duties for the sake of upholding justice based on the law to defend the interests of clients.
Co-Authors ahmad kurniah Amir, Muhammad Aris Baharuddin Arry Irawan Ayunita, Khelda Gusmarani, Rica Hasan Nongkeng Henni Zainal Isnanto Bidja Jusuf Luturmas Karman Jaya Mawardi Mawardi Muchamad Taufiq Muin, Irwan Nur, Djufri M Syurwana farwita Yohanes Pande Yudhi Hertanto Zakiyatun Nufus