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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Journal of Constitutional Law Society (JCLS) Jurnal Dinamika Hukum
Riris Ardhanariswari
Universitas Jenderal Soedirman
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Constitutional Court Decision to Protect the Rights of Women and Children in Improving Justice and Legal Certainty Riris Ardhanariswari; Muhammad Fauzan; Fathimah Azzahro
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3054

Abstract

This paper aims to analyze how the Constitutional Court protects human rights, especially the rights of women and children. Through one of the powers of the Constitutional Court is to conduct a judicial review of the Constitution. The authority of the Constitutional Court is a push for the realization of the constitutionality of the law in order to protect human rights for everyone, including women and child right. The purpose is to analyze the extent to which the Constitutional Court performs its function as the guardian of the Constitution. The research uses statute approach, the comparative approach, the conceptual approach, and the historical approach, based on four judicial review cases: Constitutional Court Decision No.20/PUU-XI/2013 concerning Judicial Review No. 10 of 2008 of General Elections, Constitutional Court Decision No.46/PUU-VIII/2010 concerning Judicial Review Number 1 of 1974 on Marriage, Constitutional Court Decision No.22/PUU-XV/2017 concerning Judicial Review Number 1 of 1974 on Marriage, and Constitutional Court Decision No.24/PUU-XX/2022 concerning Judicial Review Number 1 of 1974 on Marriage. The results of the review demonstrate that: (1) there is an imbalance in legal products that harm women and children; and (2) the Constitutional Court has a mechanism to correct inequality in legal products through a judicial review mechanism. This paper finds that the Constitutional Court plays a significant role in safeguarding women's rights in law through judicial mechanisms. Moreover, this article provides an academic-based assessment of the Constitutional Court's decisions to provide optimal protection for the fulfilment of the rights of women and children.Keywords: Protection, Woman and Children, Rights, Constitutional Court
Disharmony in Law Enforcement: Repressive Actions by Officers and Weakening of the Press Law Fajar Bahruddin Achmad; Riris Ardhanariswari
Jurnal Dinamika Hukum Vol 26 No 3 (2026)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2026.26.3.20473

Abstract

Repressive actions by law enforcement officers against the press is an issue that has persisted in Indonesia, raising serious concerns about the state of journalistic freedom in the country. Legal protections for journalists, as stipulated in the Press Law, have not provided adequate security, and the press, which embodies the sovereignty of the people, has not achieved the freedom and independence it was promised after the Reformation. This trajectory signals a broader and troubling decline in democracy. Serving as the eyes, ears, and voice of the people, the press faces mounting pressure in carrying out its journalistic work, a pressure made worse by the numerous cases of violence originating from the police, the very pillar of law enforcement. Therefore, this study examines applicable laws and regulations on the issue, using a normative juridical approach. Addressing the disharmony between police duties and press rights requires a shared perception of the Press Law. This study makes three recommendations. First, Article 8 of the Press Law should be amended. Second, the Indonesian National Police should issue a regulation of the Chief of the Indonesian National Police governing the authority of police officers in relation to journalistic activities. Third, the Press Council should take an active role in advocating for journalists whose press freedom is restricted
BLUE CRIME, HUMAN RIGHTS, AND CONSTITUTIONAL GOVERNANCE OF INDONESIAN FISHERIES Enny Dwi Cahyani; Yogi Putranto; Riris Ardhanariswari; Hikmah Rahmawati
Journal of Constitutional Law Society Vol. 5 No. 2 (2026): September
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i2.168

Abstract

Fisheries crime has moved beyond illegal harvesting and resource mismanagement to become a complex maritime governance problem in which illegal, unreported and unregulated fishing may intersect with forced labour, human trafficking, violence, document fraud, corruption and transnational criminal networks. This article asks how fisheries crime should be reframed as blue crime and what constitutional and human rights obligations arise for Indonesia as an archipelagic state. Using normative legal research, the study analyses international maritime, labour and anti-trafficking instruments, the 1945 Constitution of the Republic of Indonesia, relevant Indonesian legislation and recent fisheries governance regulations, together with policy materials from international organisations. The analysis shows that existing governance remains fragmented across fisheries regulation, labour protection, migration law, criminal enforcement and human rights accountability. Such fragmentation produces legal invisibility, especially for migrant crews working far from ordinary inspection and complaint mechanisms. The article argues that Indonesia should integrate maritime surveillance, fisheries enforcement, labour inspection, victim identification and protection, port-state measures, data sharing, network accountability, supply-chain due diligence and international cooperation. It concludes that a human-rights-based maritime governance model can strengthen constitutional state responsibility by treating fisheries enforcement as an entry point for protecting both marine resources and human dignity. The principal limitation is that the study is doctrinal and conceptual rather than based on field interviews or empirical case data.
Co-Authors Enny Dwi Cahyani Fajar Bahruddin Achmad Fathimah Azzahro Hikmah Rahmawati Muhammad Fauzan Yogi Putranto