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All Journal Jurnal Agronomi Indonesia (Indonesian Journal of Agronomy) Jurnal Akuntansi AKUNESA Jurnal Rekayasa Hijau Jurnal Darma Agung Islamic EduKids: Jurnal Pendidikan Anak Usia Dini Jurnal Supremasi Al Marhalah Journal of Informatics and Computer Science (JINACS) Indonesian Research Journal on Education Mu'amalah : Jurnal Hukum Ekonomi Syariah Journal of Humanities Research Sustainability Rule of Law Studies Journal
Qurrotul Uyun, Qurrotul
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Physics Social Sciences Other

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DISKRIMINASI HUKUM DALAM PRINSIP KESETARAAN DI HADAPAN HUKUM BAGI KELOMPOK MINORITAS Uyun, Qurrotul; Mauliyah, Nur Ika
Jurnal Supremasi Vol 16 No 1 (2026): Volume 16 Nomor 1 Tahun 2026
Publisher : Fakultas Hukum, Universitas Islam Balitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v16i1.5581

Abstract

The principle of equality before the law is one of the main pillars of the rule of law, guaranteeing equal treatment for all citizens without discrimination. However, in practice, this principle is often not optimally implemented, especially for minority groups who are in vulnerable social, political, and legal positions. This article analyzes the forms of legal discrimination experienced by minority groups in the application of the principle of equality before the law and identifies the factors that cause this inequality. This study uses a normative legal research method with a legislative, conceptual, and case-based approach. The results show that legal discrimination against minority groups occurs in both the substance of the law, the structure of law enforcement, and the legal culture of society. Factors such as bias among law enforcement officials, weaknesses in legal protection, and the influence of social stigma and identity politics are the main obstacles to the realization of substantive legal equality. This article argues that the principle of equality before the law is not sufficient in itself; it must be realized through a substantive approach that protects human rights and ensures justice for minority groups.
The Constitutional Court’s Judicial Activism in Indonesia: Constitutional Boundaries and a Progressive Legal Perspective Maisa Julian, Tegar; Uyun, Qurrotul
Rule of Law Studies Journal Vol. 2 No. 1 (2026): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v2i1.209

Abstract

Background:The Constitutional Court plays a strategic role in Indonesia's constitutional system as the guardian of the constitution, authorized to review laws against the 1945 Constitution. In practice, several Constitutional Court decisions demonstrate a tendency toward judicial activism, where judges not only interpret legal norms but also expand or create new ones. This phenomenon has given rise to debate regarding the limits of the Constitutional Court's authority within the framework of the separation of powers and its implications for the development of national law. Aims:This study aims to analyze the role of the Constitutional Court in implementing judicial activism and assess the effectiveness of this practice from a progressive legal perspective. Methods:This study uses a normative legal research approach with a statute approach, a case approach, and a conceptual approach. The research data was obtained through a literature review, which included primary legal materials in the form of legislation and Constitutional Court decisions, as well as secondary legal materials in the form of books, scientific journals, and academic literature. Data analysis was conducted qualitatively through data reduction, data presentation, and conclusion drawing. Result:The research findings indicate that the Constitutional Court has implemented judicial activism in several of its decisions, reflected in decisions that are corrective, protective, and adaptive to social dynamics. This practice is evident in several important decisions that broaden the interpretation of legal norms to protect citizens' constitutional rights and fill legal gaps in the legal system. Conclusion:From a progressive legal perspective, the practice of judicial activism can be understood as the Constitutional Court's effort to achieve substantive justice in the Indonesian legal system. However, the implementation of this practice must adhere to the principle of separation of powers to avoid shifting authority between the judiciary and the legislature in a constitutional democratic system.
Co-Authors ANITA QOIRIAH Aziz Purwantoro Didik Indradewa Dyah Weny Respatie Eka Wardhani Halomoan, Nico Hasanah, Faizzatul Ilmiah, Haviah Hafidhotul Jannah, Annisa Nurul Jayawarsa, A.A. Ketut Karmenita Ngene, Patrisia Lestari, Alvionita Wahyu Dinda Maisa Julian, Tegar Mauliyah, Nur Ika MAYA MUSTIKA KARTIKA SARI, MAYA Muhammad Syaifudin Ngene, Patrisia Karmenita Nurul Jannah, Annisa Risky, Elsa Amalia Rudy Widyatama, Pandu Wahyu Dinda Lestari, Alvionita Widodasih, Wening Ken WIDYATAMA, Pandu Rudy