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All Journal Jurnal Bina Praja Legislatif
Oktavia, Enika
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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POTRET ABUSIVE JUDICIAL REVIEW DI MASA PEMERINTAHAN PRESIDEN JOKO WIDODO Oktavia, Enika; Noviyanti, Mely; Safari, Dalpin
Legislatif VOLUME 7 NOMOR 2 2024
Publisher : UKM Lembaga Penalaran dan Penulisan Karya Ilmiah Fakultas Hukum Universitas Hasanuddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/jl.v7i2.35506

Abstract

In recent developments, Indonesia, as a democratic nation, emphasizes the government by the people, for the people, and of the people. The core of this democracy is reflected in the electoral process conducted every five years, ensuring the cyclical nature of government based on the people's mandate. However, the manipulation of the judicial system by the ruling government through the Supreme Court and Constitutional Court has raised concerns. This study investigates the phenomenon known as Abusive Judicial Review, where the judiciary, initially intended to oversee the hierarchy of laws and the constitution, is influenced by those in power. Utilizing normative legal research, this paper explores the extent to which judicial decisions can be swayed by political interests, thereby undermining democracy. The findings reveal that the judiciary's independence is compromised, resulting in decisions that serve the interests of the ruling regime rather than upholding democratic principles. This study offers a critical analysis of significant cases and proposes measures to protect judicial integrity. The novelty of this research lies in its comprehensive examination of the systemic issues within Indonesia's judiciary and its implications for democracy. The conclusion underscores the urgent need for reforms to safeguard the judicial process from political interference.
Evaluasi Sistem Zipper dalam Upaya Meningkatkan Keterwakilan Perempuan Hingga 30 Persen di Parlemen Monati, Rahmatika; Oktavia, Enika; Sa'dillah, Sizil
Jurnal Bina Praja Vol 15 No 3 (2023)
Publisher : Research and Development Agency Ministry of Home Affairs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21787/jbp.15.2023.581-592

Abstract

The low representation of women in parliament is a global problem, especially in Indonesia. The status quo shows that the role and representation of women in parliament is still very low, which has implications for legislation products that are not inclusive. Women are vital in legislation, especially in micro-policy aspirations related to welfare, education, equality, and household issues. The affirmation policy with a minimum female candidacy quota of 30 percent in Indonesia is implemented through the zipper system. However, unfortunately, it is still ineffective because women's representation is still very low. This study uses a qualitative descriptive method to analyze the inequality of women's representation in the Indonesian parliament. The data used secondary data, which has been collected and processed by other parties. The result of this study is an evaluation of the zipper system, which is still ineffective because it depends on the placement of candidate sequence numbers and political party awareness. The placement of women in number 1 is only 19 percent, while in number three, it reaches 67 percent, and in number 6, 65 percent. It has a big impact on the probability of low electability. With women's representation, women's voices can be heard and fought for in government, thus realizing an equal and inclusive government. Revamping the zipper system by requiring the placement of female candidates at number 1 is an effective solution to increase women's representation in parliament in line with descriptive representation theory, which emphasizes the importance of proportional representation from various groups of society in government.
Co-Authors Monati, Rahmatika Noviyanti, Mely Sa'dillah, Sizil Safari, Dalpin