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Mengonseptualisasi Prinsip Meaningful Participation Melalui Kerangka Demokrasi Deliberatif Jürgen Habermas: Analisis terhadap Putusan MK No. 91/Puu-Xviii/2020 Rahmat Mokodompit; Zamroni Abdussamad; Ahmad Ahmad
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5097

Abstract

This article aims to analyze the concept of public participation within Jürgen Habermas’s deliberative democracy framework by focusing on three fundamental rights: the right to be heard, the right to be considered, and the right to be given an explanation. These rights are examined as an integrated deliberative process that links the lifeworld, the public sphere, and the political system. Using a qualitative method with a theoretical approach, this study relies on an extensive literature review to interpret Habermasian deliberative democracy and to explain how citizens’ voices obtain normative legitimacy in democratic decision-making. The findings indicate that the right to be heard highlights the importance of acknowledging citizens’ lived experiences as a moral foundation for public policy. The right to be considered emphasizes the need for an inclusive, domination-free public sphere in which arguments are assessed on equal terms. Meanwhile, the right to be given an explanation underscores the political system’s responsibility to respond to public opinion communicatively rather than merely through formal procedures. The analysis concludes that public participation becomes substantively meaningful only when grounded in communicative rationality and protected from system colonization. Therefore, political legitimacy in modern democracy should not rest solely on procedural compliance but on rational dialogue formed between citizens and the state within a deliberative public sphere.
Ensuring Justice in the Trend of Remote Working: Legal Challenges and Implications for Companies and Workers Weny Almoravid Dungga; Ahmad Ahmad; Karem Aboelazm Karem Aboelazm; Dewi Mulyanti Dewi Mulyanti; Novendri M. Nggilu Novendri M. Nggilu
Jurnal IUS Kajian Hukum dan Keadilan Vol. 14 No. 1 (2026): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v14i1.1721

Abstract

This study examines the legal challenges of remote working in Indonesia, aiming to inform comprehensive, justice-based employment policies. Employing a normative juridical method with statutory, conceptual, and case-based approaches, including analysis of Indonesian court decisions, the research reveals that remote work faces structural injustice due to regulatory gaps. The Ma power Law (Law No. 13/2003) and Job Creation Law (Law No. 11/2020 jo. Law No. 6/2023) lack specific remote work provisions, while foundational Civil Code (Burgerlijk Wetboek/BW) principles governing employment contracts remain underutilized. This regulatory vacuum generates legal uncertainty that disproportionately affects vulnerable workers. Persistent gaps concern working hours, overtime, occupational health and safety, data protection, monitoring, employment agreements, social security, and cross-border taxation, leaving weak and unilateral corporate policies as the de facto framework. Comparative analysis of Russia, Spain, Turkey, and the Netherlands confirms that comprehensive legislation is both feasible and necessary. Grounded in justice theory, this study argues that regulating of remote work goes beyond administrative technicalities and forms part of the protection of fundamental constitutional rights. Consequently, Indonesia must enact dedicated legislation establishing minimum standards to ensure equitable protection, dignity, equality, and legal certainty for all workers in the digital era..
Reconstructing Alternative Dispute Resolution for Land Disputes Based on Local Wisdom in the Coastal Area of Tomini Bay Fence M. Wantu; Weny Almoravid Dunga; Yassine Chami; Ahmad Ahmad; Muhammad Mukhtar
Journal of Law and Legal Reform Vol. 7 No. 2 (2026): April, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i2.18287

Abstract

Alternative Dispute Resolution (ADR) has long been recognized as an effective mechanism for resolving land disputes in Indonesia due to its emphasis on consensus and social harmony. However, the increasing reliance on formal legal procedures has marginalized local wisdom-based dispute resolution practices, particularly in coastal communities. Despite extensive studies on ADR, limited research has examined the integration of local wisdom into land dispute resolution in regions such as Tomini Bay. This study aims to reconstruct ADR mechanisms by incorporating local wisdom in resolving land disputes in the coastal area of Tomini Bay. It employs a normative legal approach, combining empirical data with analysis of statutory regulations, legal doctrines, and field data, using qualitative methods. The findings indicate that local wisdom-based mechanisms, particularly deliberation (musyawarah) and consensus (mufakat), remain effective in resolving disputes and maintaining social cohesion, yet are not fully integrated into the formal legal system. Therefore, this study argues that ADR should be reconstructed by integrating local wisdom and living law into Indonesia’s legal framework to ensure more culturally responsive and sustainable dispute resolution.
Implikasi Pelanggaran Kewenangan Hak Angket DPR Terhadap KPU: Studi Kasus Pada Pemilu Tahun 2024 Zunaid Potutu; Erman I. Rahim; Ahmad Ahmad
Journal of Contemporary Law Studies Vol. 3 No. 4 (2026): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i4.5958

Abstract

The House of Representatives’ (DPR) right of inquiry is a constitutional oversight instrument provided for in Article 20A(2) of the 1945 Constitution of the Republic of Indonesia. However, in the context of the 2024 General Election, the exercise of the right of inquiry against the General Election Commission (KPU) raises legal and democratic issues regarding the limits of authority and the legitimacy of its use. This study aims to analyze the implications of violations of the legitimacy of the DPR’s right of inquiry on the independence of the KPU and the integrity of the democratic process. The research method employed is normative legal research using a legislative, conceptual, and Constitutional Court decision-based approach. The results indicate that the exercise of the right of inquiry that is disproportionate, politically motivated, or fails to meet formal and material requirements has the potential to undermine the KPU’s independence, erode public trust in election results, and trigger conflicts of authority among state institutions. This study affirms that the DPR’s right of inquiry does not have the authority to annul election results, as that authority resides with the Constitutional Court. Therefore, the exercise of the right of inquiry must be conducted objectively and constitutionally to safeguard the continuity of democracy.
Analysis of the Impact of Property and Land Tax Abolition on Regional Revenue in Indonesia Aditiya Aditiya; Ahmad Ahmad
Estudiante Law Journal VOL. 8 No. 2 JUNE 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i2.32925

Abstract

Proposals to abolish the Rural and Urban Land and Building Tax (Pajak Bumi dan Bangunan Perdesaan dan Perkotaan or PBB-P2) have entered Indonesian fiscal debate as a measure of tax relief, yet their legal consequences for regional own-source revenue (Pendapatan Asli Daerah or PAD) remain largely unexamined. Existing scholarship documents PBB-P2 collection performance and its contribution to PAD, but does not address what legal instruments abolition would require or how the forgone revenue could be replaced. This study asks three questions: what constitutional and statutory position PBB-P2 occupies within the regional fiscal framework; what legal consequences abolition would produce for regional autonomy and public service obligations; and what instruments could compensate for the loss. Using doctrinal legal research with statutory and conceptual approaches, the study analyses Article 23A and Article 18A(2) of the 1945 Constitution, Law No. 1 of 2022 on Financial Relations between Central and Regional Government, and the regional financial management framework. It argues that abolition would require statutory amendment rather than administrative action, would narrow the constitutional commitment to fiscal decentralisation, and would displace a statutory relief mechanism already available. Targeted exemption is proposed as the proportionate alternative.