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All Journal Wacana Hukum JHCLS Journal of Sustainable Development and Regulatory Issues Contrarius
I Ketut Sukewati Lanang Putra Perbawa
Universitas Mahasaraswati, Denpasar, Indonesia
Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health

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The Reform of the Parliamentary Threshold System Based on Human Rights: Evidence from the United States Putra Perbawa , I Ketut Sukawati Lanang; Kusumaningtyas , Reza Octavia; Jailani, Abdul Kadir
Wacana Hukum Vol 28 No 2 (2022): February 2022
Publisher : Faculty of Law, Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/wh.v28i2.10962

Abstract

Using thresholds in elections facilitates fair competition among political parties for votes. Nevertheless, this threshold rule could pose a legal obstacle if a political party fails to get a parliamentary seat in an election due to insufficient voter support. This research intends to assess the ongoing significance of the parliamentary threshold system in Indonesia through comparison studies with other nations. This inquiry employs a normative juridical methodology. The research findings indicate that implementing the Parliamentary Threshold should better accommodate each region's unique and varied political objectives. This challenges the notion of variety within unity, potentially hindering the progress of political goals at both regional and national scales. National parliamentary thresholds can limit or remove regional political rights. Furthermore, the United States, which originated the presidential system of government, possesses the most extensive federal constitution worldwide. The United States spearheaded this progress by integrating human rights into its constitution. The United States operates under a two-party system and does not employ a specific legislative threshold system. Elections are conducted at several levels of government, including federal, state, and municipal. However, there are no established uniform criteria for parties or candidates to meet to be eligible for representation. The electoral college method also impacts the allocation of ballots, enhancing the probability of participation and involvement from each political party. Political parties experience more excellent stability. Therefore, Indonesia should adopt additional inclusive reforms based on human rights principles to establish specific benchmarks.
Industrialization of Election Infringement in Simultaneous Elections: Lessons from Sweden Putra Perbawa, Ketut Sukewati Lanang; Hanum, Willy Naresta; Atabekov , Almaz Karimovich
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i2.170

Abstract

Election violations are increasingly occurring on a massive scale. In Indonesia, by early 2024, 1,032 violations had been handled only for the simultaneous general elections for president, vice president, and members of national and regional legislatures. Meanwhile, the results of handling violations in the 2019 simultaneous elections increased sharply to 21,169 cases, or an increase of 58.3% from 2014. This was due to the material on Indonesia's general election regulations, which overlapped and were not in harmony with the Constitution and judges' decisions. This research aims to analyze the issues surrounding simultaneous general elections in Indonesia and outline alternative progressive policies for achieving democratic governance with dignity and integrity during the next general election. This research focuses on normative law, utilizing statutory and conceptual approaches that pertain to democracy, elections, and various types of violations. To get an overview of the new policy, this research compares the handling of election violations in Indonesia with that in Sweden. The research results show violations of the general election administration, the code of ethics for election organizers, election crimes, and other legal violations in Indonesia and Sweden. However, Sweden still maintains its democratic stability. Several election manipulation factors that become fraud or violations are the manipulation of election rules, the manipulation of vote conditioning in the form of money politics, the updating of voter lists, and the conditioning of candidate requirements to cyberattacks. Therefore, it is crucial for regulations, participants, and the voting public to reevaluate the integrity of elections.
Disability and Electoral Justice for Inclusive Participation Putra Perbawa, Ketut Sukewati Lanang; Paul Atagamen Aidonojie; Benjamin Okorie Ajah
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.93

Abstract

The political participation of people with disabilities is crucial to achieving an inclusive and equitable democracy. Although Indonesia has recognized the political rights of people with disabilities through various regulations, the implementation of these rights still faces significant structural barriers and systemic discrimination. This research aims to analyze the practice of electoral justice for people with disabilities in Indonesia by learning from the experience of South Africa, which has built a comprehensive and inclusive legal framework and election policy. The research method used is normative juridical, with a qualitative comparative study analyzing legal documents, election policies, and implementation practices in both countries. The research results show that, First, Indonesia has recognized the political rights of people with disabilities through various regulations. However, realizing these rights is still far from optimal due to structural, administrative, and social barriers. Second, South Africa has implemented an effective accessibility policy and involved the Independent Electoral Commission (IEC) in advocacy, voter education, and provision of supporting facilities, thus facilitating the full participation of people with disabilities in the political process. Third, more specific legal and policy reforms are needed, as well as increasing the capacity and commitment of election organizing institutions to realize electoral justice that ensures inclusive and meaningful political participation for people with disabilities in Indonesia. This can be done by amending election laws, improving the substance to protect the political rights of people with disabilities, and strengthening institutions such as the General Election Commission and the Election Supervisory Body regarding supervision.
Indonesian Advocates’ Success Fee Agreements: Policies and Challenges Dananjaya, Putu Bagus; Perbawa, I Ketut Sukawati Lanang Putra; Buriev , Yulchiboy Khudaynazarovich
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 3 (2025): Journal of Sustainable Development and Regulatory Issues (JSDERI)
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i3.150

Abstract

The regulation of success fee agreements in Indonesia remains largely interpretative, characterized by the predominance of contractual freedom and the absence of explicit normative limits. This study examines the policies and challenges surrounding success fee arrangements between advocates and clients, focusing on the interplay between legal certainty, ethical boundaries, and professional standards. Using a normative juridical method that integrates statutory, conceptual, and comparative approaches, the research explores the disharmony between the Indonesian Advocates Law, the Indonesian Advocates Code of Ethics, and the professional guidelines issued by PERADI. The findings reveal that, while success fees provide flexibility and proportional compensation based on case outcomes, the lack of uniform quantitative standards and the blurred distinction between lawful success fees and prohibited quota litis practices have created legal uncertainty. Furthermore, the ethical prohibition against remuneration solely based on case results limits the enforceability of such agreements. A comparative analysis with the English system, particularly its Conditional Fee Agreements and Damages Based Agreements, highlights the importance of transparent regulation, proportional limits, and ethical oversight to balance professional autonomy with client protection. Accordingly, this study recommends a reformulation of Indonesia’s policy framework to harmonize ethical norms and positive law, ensuring that success fee agreements promote fairness, professionalism, and legal certainty within the advocacy practice.
Restorative Justice as a Policy Approach to Traffic Crime Resolution in Indonesia Ketut Sukewati Lanang Putra Perbawa; Paul Atagamen Aidonojie
Contrarius Vol. 1 No. 1 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i1.82

Abstract

Traffic crimes in Indonesia have shown a consistent increase, often leading to material damage, physical injury, and loss of life. The conventional criminal justice system, which predominantly emphasizes retributive punishment, has proven insufficient in addressing the underlying causes of traffic offenses and in delivering substantive justice for both victims and offenders. In light of these challenges, restorative justice offers a promising alternative approach that prioritizes reconciliation, offender accountability, and the restoration of social harmony. This research aims to examine the urgency and feasibility of adopting restorative justice as a policy framework for resolving traffic crimes in Indonesia. Employing normative legal research methods, the study is based on secondary data derived from statutory regulations, legal literature, and doctrinal analysis. The results indicate that Indonesian traffic law does not yet explicitly incorporate restorative justice principles, despite their proven effectiveness in other jurisdictions for handling minor and non-violent offenses. Practices such as mediation and victim-offender dialogue have demonstrated success in reducing recidivism and enhancing victim satisfaction. The study concludes that integrating restorative justice into traffic crime resolution could reduce case backlogs, restore community trust in the legal system, and promote a more compassionate, efficient approach to justice. Comprehensive legal reform and institutional readiness are essential for effective implementation.
The Future of Bali’s Kerauhan Tradition: Legal Pluralism, Reforms, and Conflict Adjudication Challenges Dewa Gede Edi, Praditha; Mella Ismelia Farma, Rahayu; I Ketut Sukewati Lanang Putra, Perbawa; Paul Atagamen Aidonojie; Adelowo Stephen Asonibare
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 4 No. 1 (2026): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v4i1.149

Abstract

This study analyzes the regulation of the kerauhan tradition in Bali within the framework of legal pluralism from a legal anthropological perspective. Balinese customary law conceptualizes kerauhan as a sacred and non-pathological spiritual phenomenon intended to preserve communal harmony and cosmic balance, whereas the national legal system is constructed upon empirical verification and rational causation. This distinction gives rise to a fundamental epistemological divergence between customary and state legal orders. The research applies an empirical juridical method with a qualitative design. It gathers data through in depth interviews with customary leaders, direct observation of ritual practices, and systematic analysis of relevant awig awig provisions. This approach enables a contextual evaluation of how plural legal systems operate in addressing incidents related to kerauhan. The findings indicate that: first, Balinese customary law recognizes and regulates kerauhan as a legitimate sacred mechanism grounded in spiritual authority and communal belief, rather than as a pathological act; second, a structural and epistemological disparity between customary and national law produces legal tension, particularly because customary dispute resolution relies on ritual validation while state institutions require material evidence and objective causation, thereby creating complexity in cases involving bodily injury or property damage; and third, modernization and tourism have commodified kerauhan, transforming it into a public spectacle and digital media content, which gradually reshapes its social meaning and influences generational perceptions. The study concludes that the development of a responsive and integrative pluralistic legal framework is necessary to accommodate indigenous epistemology while ensuring legal certainty, accountability, and substantive justice.
Co-Authors Adelowo Stephen Asonibare Atabekov , Almaz Karimovich Benjamin Okorie Ajah Buriev , Yulchiboy Khudaynazarovich Dewa Gede Edi, Praditha Hanum, Willy Naresta I Ayu Alit Maharani Jailani, Abdul Kadir Kusumaningtyas , Reza Octavia Mella Ismelia Farma, Rahayu Paul Atagamen Aidonojie Paul Atagamen Aidonojie Putu Bagus Dananjaya