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All Journal Pembaharuan Hukum JUSTITIA JURNAL HUKUM
Fifiana Wisnaeni
Diponegoro University
Law, Crime, Criminology & Criminal Justice

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LEGAL POLITICS OF REGIONAL HEAD ELECTIONS DURING THE COVID-19 PANDEMIC: DO ANTAGONISTIC IMPLICATIONS? Fifiana Wisnaeni; Kornelius Yosua Dimas Nugroho
Jurnal Pembaharuan Hukum Vol 10, No 1 (2023): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v10i1.20019

Abstract

This research aspires to know and analyze the political law of regional head elections in Indonesia in the midst of the COVID-19 pandemic. Next, the implications of COVID-19 are explored to determine its impact on the implementation of regional head elections and democracy in Indonesia. This study aims to analyze the political laws of regional head elections in Indonesia when the COVID-19 pandemic happened and explore the implications of the pandemic on regional head elections and democracy in Indonesia. This research used normative juridical method with specifications in the analytical descriptive investigation, secondary data was used to examine research data qualitatively. The study found that the rescheduled simultaneous regional elections during the COVID-19 pandemic were carried out in December 2020 while also applying stringent health protocols. The COVID-19 pandemic is believed not to have affected democracy in Indonesia since the process was carried out in a direct, open, public, secret, honest, and fair manner. this study also found that public participation in regional head elections amid the COVID-19 pandemic increased compared to previous years; voter turnout in 2015 was 69.35%, and the number increased to 74.89% in 2017. the participation further progressed to 76.09% in 2020 despite the happening pandemic.
Political Dynamics and Constitutional Non-Compliance in the Implementation of Constitutional Court Decisions in Indonesia Rizki Rahayu Fitri; Lita Tyesta Addy Listya W; Fifiana Wisnaeni; Ilham Tri Yubsir
JUSTITIA JURNAL HUKUM Vol 10 No 2 (2026): Justitia Jurnal Hukum (Article in Press)
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v10i2.31187

Abstract

The core legal issue addressed in this study is the persistent ineffectiveness of implementing Constitutional Court decisions within Indonesia’s legal and political system, despite their final and binding nature. This research aims to analyze the factors causing such ineffectiveness, particularly in relation to legislative compliance by the House of Representatives and the Government. This study employs normative juridical research. The results reveal that the implementation of Constitutional Court decisions is significantly hindered by dominant political and economic interests within the legislative process, which often override constitutional mandates. Additionally, the absence of clear executorial mechanisms and enforceable legal sanctions contributes to weak compliance, allowing state institutions to delay or even ignore judicial rulings. The case of Decision No. 91/PUU-XVIII/2020 on the Job Creation Law illustrates how legislative actors strategically reinterpret or partially implement decisions, thereby undermining constitutional supremacy. This condition leads to legal uncertainty, disrupts the balance of power among state institutions, and gradually weakens the authority and legitimacy of the Constitutional Court. Therefore, strengthening institutional oversight, establishing binding execution mechanisms, and reforming legislative legal politics are essential to ensure the effective implementation of Constitutional Court decisions in Indonesia.
Co-Authors Ilham Tri Yubsir Kornelius Yosua Dimas Nugroho Lita Tyesta Addy Listya W Rizki Rahayu Fitri