Herlambang Perdana Wiratraman, Herlambang
Universitas Airlangga

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Journal : Yuridika

DINAMIKA OTONOMI DAERAH DALAM PENGEMBANGAN METODE PARTISIPASI PUBLIK PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN (2) R. Herlambang Perdana Wiratraman
Yuridika Vol. 25 No. 2 (2010): Volume 25 Nomor 2 Mei 2010
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (438.719 KB) | DOI: 10.20473/ydk.v25i2.250

Abstract

This article is taken from the research to study local democracy dynamic in regional autonomy transition, especially after the enactment of Law No. 32 of 2004 concerning on Regional Government and Law No 10 of 2004 concerning on Legislation Making. These laws have influenced the process of public policy making at field. This research analyse the implementation the word ’berhak’ (right to) as stipulated under article 53 of Law No. 10 of 2004. From this point of view, this continues by mapping the development strategy in making legislation at regional level, mainly by searching to what extend public participation processes would contribute at that level. In local political context, the research aims to study how political participation at local level fully involves citizen to take decision, especially connected to: First, economic democracy which is a participatory magement all citizen in productive assets and collective property rights. Second, politic pluralism democracy which is an understanding and sensitivity over pluralistic and locality aspects of the needs and aspirations any citizen in public policy making. The research method uses a non-doctrinal legal research, especially by emplying sociology of law and political economy of law. The result is written in descriptive-analytic model. The research only limits on the development of public participatory method, so then it would have critical points in reforming law and institution, especially to guarantee public participation rights. The recommendations are: First, the needs of key action and more participative for reforming all policies at regional level, by emphasizing through (1) state institution reconstruction which more guarantees citizen political participation; (2) the shifting from ‘top-down’ to ‘bottom up’ processes; (3) the empowerment of people (capacity building) and local institutional strengthening. Second, strengthening legal framework for public participation, either at legislation or regulation levels. The public participation initiative through regional regulation or to improve parliament mechanism order are important to develop public participation methods in local regulation making. Furthermore, The research needs to be followed up by studying deeply about how the legal framework to secure better should be formulated, especialy in responding public participation, either better procedural control or substantial control from public. This research contributes partly in providing possible models and [legal] formulations which are more responsive to the people needs and justice, also to strengthen democratization processes in local governance system.Keywords : Public Participations, Local Autonomy, Local Regulations
IN SEARCH OF CONSTITUTIONALITY: FREEDOM OF EXPRESSION AND INDONESIA’S ANTI-PORNOGRAPHY LAW R. Herlambang Perdana Wiratraman
Yuridika Vol. 27 No. 2 (2012): Volume 27 No 2 Mei 2012
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (82.389 KB) | DOI: 10.20473/ydk.v27i2.291

Abstract

In 2008 vehement debates about the freedom of expression divided Indonesia, after the government resubmitted a bill for Anti-Pornography to Parliament. The various sides employed all kinds of arguments and perspectives, the main ones being religious versus human rights and pluralism. The main problem of the new law is its vague and very broad definition of pornography, which could threaten women’s rights, cultural expression and press freedom. In the context of democratization in Indonesia post Soeharto, freedom of expression has been progressively promoted, particularly by the adoption of a Constitutional guarantee for freedom of expression. Nevertheless, the constitutionality of freedom of expression still needs to be comprehensively re-explored in order to advance human rights and democracy development.Key words: Anti-Pornography, Freedom of Expression, Human Rights
Protecting Freedom of Expression in Multicultural Societies: Comparing Constitutionalism in Indonesia and Canada Herlambang Perdana Wiratraman; Sébastien Lafrance
Yuridika Vol. 36 No. 1 (2021): Volume 36 No 1 January 2021
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (478.62 KB) | DOI: 10.20473/ydk.v36i1.24032

Abstract

This paper explores the similarities and differences in Indonesia and Canada regarding the constitutionally protected freedom of expression. While one may expect that both countries do not have much in common from a general standpoint, both do have several similarities in their approach to the interpretation and application of that freedom. The exercise of freedom of expression is also examined through the spectrum of jurisprudential examples from both countries, more specifically in the context of ‘hate speech’, ‘artistic expression’ and ‘language expression’.In addition, the social reality of both countries underlying the freedom of expression is uncovered. Further, the limitations imposed in both countries on that fundamental freedom are also discussed. Learning from the exercise that consisted in this paper to compare relevant laws of two countries, and despite the differences between their respective legal traditions, this study argues that freedom of expression, in two different countries such as Indonesia and Canada, can play a more effective role in a society with a multicultural character that complies with the rule of law.