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All Journal JURNAL MAGISTER HUKUM UDAYANA Yustisia
Dian Kus Pratiwi
Faculty of Law Universitas Islam Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Guarding the Political Assembly : The Reasons and Assesing Impeachment Clause in Indonesia Idul Rishan; Dian Kus Pratiwi
Jurnal Magister Hukum Udayana (Udayana Master Law Journal) Vol 12 No 1 (2023)
Publisher : University of Udayana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/JMHU.2023.v12.i01.p04

Abstract

In deliberative democracy, a constitution provides formal procedures for discharging the president and/or vice president during his/her term of office This research aims to reveal two things. First, the reasons why discharging the president or vice president during his/her term of office is more political than legal. Second, assessment of provisions on discharging the president and/or vice president during his/her term of office. This is a doctrinal legal research using secondary data, and analyzed by the method of statutory approach, historical method, and conceptual method. This study has found that the political forum in MPR cannnot be separated from the presidential system, characterized by political and government stability. Therefore, bipartisan decision making in MPR needs strengthening. However, DPR has unwittingly acted as prosecutors as well as justices at the MPR level. In addition, the provisions of Articles 7A-8 of the constitution should be stipulated further.
Fast-Track Legislation: The Transformation of Law-Making Under Joko Widodo’s Administration Ni’matul Huda; Idul Rishan; Dian Kus Pratiwi
Yustisia Vol 13, No 1: April 2024
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v13i1.71061

Abstract

Since the end of 2019, the President and the House of Representatives had performed different legislative functions. Since the Law on the Commission Eradication Commission was amended, legislation had dramatically been transformed.  Several laws have been passed and amended quickly. This study discusses three legal issues. First, the conceptual limitation of fast-track legislation in Indonesia. Second, the rationale behind fast-track legislation under Joko Widodo's administration. Third, the impact of fast-track legislation under Joko Widodo's administration. In this socio-legal study, a qualitative analysis is conducted. This study has identified that (1) fast-track legislation in Indonesia can only be adopted through Perpu with all its exemptions and exceptions; (2) the transformation of law-making under Joko Widodo's administration is associated with political pragmatism, political personalization, the elimination of the opposition, and cartel parties; and (3) the transformation of law-making under Joko Widodo's administration is detrimental to the future of Indonesia's democracy. The transformation has degraded the quality of deliberation in law-making. Besides, it does not adhere to law-making procedures, resulting in elitist and conservative laws.
Co-Authors Idul Rishan Ni’matul Huda