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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM
Dian Karisma
Universitas Sains dan Teknologi Komputer
Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Ketegangan antara Independensi Kekuasaan Kehakiman dan Politik Pengisian Hakim Konstitusi di Indonesia Sandra Leoni Prakasa Yakub; Rengga Kusuma Putra; Lita Tyesta Addy Listya Wardhani; Fifiana Wisnaeni; Dian Karisma
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 14 No 1 (2026): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v14i1.1817

Abstract

The appointment mechanism of constitutional court judges represents a critical intersection between judicial independence and democratic legitimacy. In Indonesia, the tripartite nomination model involving the President, the House of Representatives, and the Supreme Court was originally designed to embody checks and balances. However, recent institutional developments raise concerns regarding structural vulnerabilities within this design. This article examines whether Indonesia’s appointment model adequately safeguards judicial independence or instead generates institutional dependency. Employing normative juridical analysis combined with a functional comparative approach, the study compares Indonesia’s system with those of Germany and South Korea, both of which operate centralized constitutional review mechanisms. This article argues that Indonesia’s fragmented yet majoritarian appointment structure structurally produces appointment dependency, distinguishing it from the institutionalized political constraint models found in Germany and South Korea. While political involvement in judicial selection is not inherently incompatible with judicial independence, the absence of supermajoritarian consensus requirements and structured public scrutiny increases the risk of majoritarian capture. The article proposes a reconstruction of Indonesia’s appointment design through the introduction of qualified majority requirements and institutionalized public deliberation mechanisms. Such reforms aim to recalibrate the balance between democratic legitimacy and judicial autonomy within Indonesia’s constitutional framework.
Legal Protection Of Women Victim Online Gender-Based Violence (KBGO) Rengga Kusuma Putra; Dian Ratu Ayu Uswatun Khasanah; Dian Karisma; Maulana Fahmi Idris; Ronald Jolly Pongantung
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5250

Abstract

Violence today does not only occur in the real world, but with the development of internet technology, it opens up opportunities for perpetrators to commit acts of violence by utilizing the internet, known as online gender-based violence (GBV). KBGO is more vulnerable to women and children, which not only causes suffering for victims physically, psychologically and even economically. The rights of victims have been deprived and their interests have been harmed by the perpetrators, so victims really need legal protection so that their rights are restored and their interests can be protected. Legal protection for victims of violence is provided by considering the losses suffered by victims, namely in the form of material and immaterial losses. Legal protection for women victims of online gender-based violence (KBGO), not only imposes punishment on the perpetrators of violence in the form of imprisonment and/or fines, but also provides the rights of victims who have been deprived and whose interests have been harmed by the actions of the perpetrators. The punishment that can be imposed on the perpetrators of violence has been regulated in Law Number 12 of 2022, including in the provisions of Article 14 and Article 15, with imprisonment and/or fines, even restitution, imposition of additional punishment or measures in the form of rehabilitation for the perpetrators, as stipulated in Article 16 and Article 17 of Law Number 12 of 2022. For legal protection of the rights of victims of violence, among others, it is regulated in Article 66 to Article 70 of Law Number 12 of 2022, which includes the right to handling, the right to protection and the right to recovery.Keywords:KBGO, Legal Protection, Victims, Women
Co-Authors Cicilia Debby*, Indarja, Fifiana Wisnaeni, Cicilia Debby*, Khasanah, Dian Ratu Ayu Uswatun Lita Tyesta Addy Listya Wardhani Maulana Fahmi Idris Rengga Kusuma Putra Ronald Jolly Pongantung Sandra Leoni Prakasa Yakub