Claim Missing Document
Check
Articles

Evaluating the Election Law in Indonesia for Strengthening Democracy and Ensuring Honest and Fair Elections Huda, Uu Nurul; Arifin, Firdaus; Susanto, Anthon F; Abdullah, Mohd Kamarulnizam
LAW REFORM Vol 21, No 2 (2025): Law Reform
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i2.66848

Abstract

Indonesia’s electoral law established the framework to uphold democracy through free and fair elections. However, its implementation faces structural and procedural weaknesses that undermine effectiveness and public trust. This study employs a legal approach to examine these weaknesses, problems, and propose corresponding reforms. Key issues include overlapping authority among the General Elections Commission, the Election Supervisory Agency, and the Election Organizer Ethics Council; weak campaign oversight due to limited resources; unclear legal definitions; lenient sanctions for violations; and challenges in enforcing strict reporting deadlines. Additionally, systemic problems such as the open-list proportional system and the presidential threshold restrict political competition and foster transactional politics. To address these, the study recommends legal and institutional reforms: clarifying institutional roles, enhancing inter-agency coordination, strengthening campaign finance regulation with digital transparency systems, and improving enforcement mechanisms and sanctions. Further, revising the electoral system and threshold requirements, alongside introducing merit-based recruitment and whistleblower protections, are proposed to ensure inclusiveness, accountability, and democratic integrity. These measures aim to create a transparent, fair, and credible electoral process that reinforces democratic principles in Indonesia.
From Legal Formalism to Algorithmic Justice: Rethinking Consumer Protection in the Digital Economy Prihartanto, Yudi; Arifin, Firdaus; Maarif, Ihsanul; Kwarteng, Abdul Hamid
Supremasi Hukum: Jurnal Kajian Ilmu Hukum Vol. 14 No. 1 (2025): Supremasi Hukum
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/gqmmwr98

Abstract

The rapid expansion of the digital economy has challenged traditional notions of consumer protection, which historically relied on reactive and positivist legal principles. Increasing data commodification, the pervasive role of algorithms, and structural power asymmetries expose the inadequacy of existing legal doctrines to safeguard fairness in digital transactions. This study seeks to address a critical research gap by reconceptualizing consumer protection law through the lens of algorithmic justice and participatory digital rights. Employing a normative legal methodology combined with comparative and critical approaches, the research analyzes doctrinal evolution across jurisdictions such as the European Union, Brazil, and Indonesia. The findings reveal three major shifts. First, consumer law must move beyond post-transaction liability toward proactive models of oversight, including algorithm audits and design-based compliance. Second, legal doctrines should redefine the consumer as a relational subject embedded in data-driven ecosystems, rather than a rational and autonomous actor. Third, consumer rights need to be embedded within constitutional and ethical frameworks to ensure long-term enforceability and democratic legitimacy. The study contributes theoretically by advancing an interdisciplinary paradigm of consumer law that integrates digital fairness, equity, and human dignity. Practically, it offers strategic directions for regulators and policymakers in designing responsive frameworks that anticipate risks, enhance accountability, and strengthen consumer agency in the digital era.
Analisis Terhadap Kebijakan Pemerintah Dalam Mengatur Urusan Pemerintahan Daerah Di Era Desentraliasi Asimetris Arifin, Firdaus
PROGRESIF: Jurnal Hukum Vol 18 No 2 (2024): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v18i2.5541

Abstract

Asymmetric decentralization in Indonesia is designed to grant special autonomy to regions with unique characteristics; however, its implementation often falls short due to institutional capacity limitations and continued dependence on the central government. This study aims to evaluate the effectiveness of asymmetric decentralization policies in various special autonomous regions of Indonesia, focusing on Aceh, Papua, and Yogyakarta. The research employs a normative and empirical juridical approach, supported by case studies and qualitative data analysis. The findings reveal a significant gap between policy objectives and implementation, attributed to factors such as inadequate local resources and weak coordination between the central and regional governments. The implications of these findings highlight the need to strengthen regional institutional capacity, enhance central government support, and tailor policies to be more context-specific and adaptable to local conditions. This study provides valuable insights for developing more effective and sustainable decentralization policies in Indonesia.
THE ROLE OF REGIONAL HEAD CANDIDATE SURVEYS IN POLITICAL PARTY DECISION-MAKING: A STATE ADMINISTRATIVE LAW ANALYSIS Arifin, Firdaus
Hukum Responsif Vol 15 No 2 (2024)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/responsif.v15i2.9562

Abstract

The use of candidate surveys in the determination of candidates for regional heads by political parties is an increasingly common practice, but its effects on the legitimacy of political decisions and state administration have not been widely studied. This research aims to explore the role of candidate surveys as an instrument of legitimacy in the context of state administrative law and identify its impact on fairness and transparency. The research method used is qualitative analysis through interpretation of primary legal materials by referring to legal doctrines and relevant theories. The results showed that from the perspective of state administrative law, surveys of candidates for regional heads can strengthen the legitimacy of political decisions by providing evidence of public support, but also potentially pose a risk of manipulation and methodological bias that can undermine fairness in the state administrative system. The implications of these findings highlight the need to improve survey methodologies, implement strict regulations, and conduct effective oversight to ensure transparency and accuracy. This research provides valuable insights into how candidate surveys of regional head candidates can be used fairly and effectively in political processes and public administration.