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The Party System Practices Within a Presidential Government System Based on The 1945 State Constitution of The Republic Of Indonesia Before and After The Amendments Pratama, Topan Yulia
UNISKA LAW REVIEW Vol 4 No 2 (2023): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v4i2.5442

Political parties are considered democratic institutions expected to help build a stable and democratic government. Conversely, political parties are often considered to trigger government instability. This study aims to 1) discover the history of the party system within General Elections in Indonesia and 2) investigate the influence of the multiparty political structure implemented in the presidential system. This normative legal article uses a historical approach to describe the party system history of some presidents and the House of Representatives before and after the amendment of the 1945 Constitution. Afterward, each history will be compared to investigate the comparison of the President's power relationship with the House of Representatives before and after the amendment of the 1945 Constitution. The findings showed that 1) the party system before the amendment (hereafter, the New Order) benefited the ongoing government. The president had no problems with political support because the government party was always the party supporting the government with an absolute majority in parliament. In contrast, the party system after the amendment (hereafter, multiparty politics) is considered a solution to maintain stability and balance in the ongoing political system. The president had some difficulties getting majority support from parliament, thus coalition between the president and political parties is a form of compromise. 2) The impact of a multiparty system is that the president indirectly allows parties outside him to influence his power structure. In conclusion, the problems of the presidential and multiparty system can be resolved with an accommodative and compromise presidential style of government.

The The Direction of Legal Development in The National Development Plan, Referencing Law Number 17 Of 2007 Concerning The National Long-Term Development Plan 2005-2025 Pratama, Topan Yulia
UNISKA LAW REVIEW Vol 5 No 1 (2024): Uniska Law Review
Publisher : Faculty of Law, Kadiri Islamic University (UNISKA) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32503/ulr.v5i1.6549

Legal development in Indonesia is a strategic issue within the framework of the 2005–2025 National Long-Term Development Plan (RPJPN), as stipulated in Law Number 17 of 2007. The RPJPN replaces the General Guidelines for State Policy (GBHN) system after the amendment to the 1945 Constitution, by placing law as one of the pillars of development. This study aims to analyze the legal position of the RPJPN in the constitutional law system, evaluate its effectiveness as a guideline for national and regional legal development, and examine the harmonization between the RPJPN, the National RPJM, and regional development planning. Using Lawrence M. Friedman's legal system theory, this study examines three main elements, namely structure, substance, and legal culture in supporting the implementation of the RPJPN. The results of the study indicate that although the RPJPN has a strong legal basis, its implementation is often hampered by structural weaknesses, insynchronization of policies between levels of government, and low legal culture in society. Harmonization between the RPJPN, the National RPJM, and regional planning requires intensive coordination to ensure that the vision, mission, and objectives of the state in the Preamble to the 1945 Constitution are achieved. Periodic evaluation, transparency, and community participation are the keys to success. This study recommends an integrative approach that strengthens the capacity of local governments, increases community legal awareness, and ensures that national legal policies reflect the values of social justice. Thus, the RPJPN can be an effective instrument in the development of sustainable, fair, and responsive law to community needs.

The Constitutional Adjudication in Indonesia: Bridging Political Legitimacy and the Supremacy of Law Pratama, Topan Yulia; Virdaus, Saivol; Kurniawan, Dimas Tri
JURNAL LEGALITAS Vol 18, No 2 (2025)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v18i2.34388

Judicial review in Indonesia occupies a strategic position as a guardian of constitutional supremacy and an arena for tensions between the principles of the rule of law and popular sovereignty. This article aims to assess the effectiveness of judicial review in protecting citizens' constitutional rights and unravel the challenges of independence, public access, and compliance with decisions. Using a juridical-normative method through statutory, case, and conceptual approaches, the study describes norms, interprets constitutional provisions, and evaluates the practice of constitutional justice. The findings reveal three key issues: first, the vulnerability of independence due to recruitment processes that overlap with political interests and lead to inconsistent reasoning; second, barriers to access in the form of strict legal standing requirements, procedural complexity, costs, and low legal literacy; and third, weak implementation of decisions that give rise to "constitutional non-compliance," eroding the coercive power of judicial review and creating legal uncertainty. Although there are progressive decisions that expand rights protection, their implementation impact is often diminished by institutional resistance. This article recommends reforms to more independent and transparent judicial selection, expanding access through constitutional legal aid and simplifying procedures, and strengthening monitoring mechanisms and sanctions for the implementation of decisions. Synergy of these steps is necessary so that judicial review truly becomes an effective instrument for enforcing the constitution and supporting people's sovereignty.

Reconstruction of the ASN Managerial Position System: A Legal Study of the Merit System and Structural Anti-Corruption Strategy in ASN Law No. 20 of 2023 Chaliati Dewi, Tutik Mahanani Umi; Virdaus, Saivol; Pratama, Topan Yulia
Journal La Sociale Vol. 7 No. 2 (2026): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

This study aims to analyze the reconstruction of the State Civil Apparatus (ASN) position system from the perspective of administrative law as a strategy for preventing structural corruption, with a particular emphasis on the provisions of Law Number 20 of 2023 on ASN. The research employs a normative juridical method with statutory and conceptual approaches, supported by literature reviews and institutional reports. The analysis is grounded in administrative law theory (principles of legality, accountability, and merit), the rule of law, good governance, and structural anti-corruption theory. The findings reveal that although the merit system is normatively accommodated in Articles 13–18, its implementation continues to face serious deviations, including political interference, weak evaluation mechanisms, and the absence of clear rules on term limits. These conditions perpetuate bureaucratic patronage and create opportunities for structural corruption. This study proposes four reconstructive measures: (1) the issuance of implementing regulations concerning performance evaluation and term limitations; (2) the application of open merit-based assessments for all structural positions; (3) the institutional and executorial strengthening of the ASN Commission (KASN) and the National Civil Service Agency (BKN); and (4) the optimization of whistleblowing systems. These recommendations are expected to serve as legal and institutional instruments to strengthen the integrity, accountability, and professionalism of the bureaucracy, while closing loopholes for structural corruption in the governance of ASN positions.

A Vacuum of Norm in the Extension of the 0.5% Final Income Tax Rate for MSMEs: A Legal Analysis of the Principle of Legal Certainty in the Taxation System Andriyana, Hendra; Hasibuan, Ali Huristak Hartawan; Pratama, Topan Yulia
Journal La Sociale Vol. 7 No. 2 (2026): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v7i2.2886

The Final Income Tax (PPh Final) policy of 0.5% for Micro, Small, and Medium Enterprises (MSMEs) in Indonesia serves as a fiscal strategy aimed at simplifying tax administration and enhancing voluntary compliance. However, a legal issue has emerged approaching early 2025, when the validity period of the 0.5% final tax rate under Government Regulation (PP) No. 23 of 2018 expires, while its successor, PP No. 55 of 2022, does not provide any transitional mechanism or explicit extension clause. The absence of a normative framework to regulate this situation has resulted in a legal vacuum (rechtvacuum), creating legal uncertainty and potentially violating the principle of tax legality. This study aims to juridically analyze the legal vacuum in the extension of the 0.5% Final Income Tax rate for MSMEs and to evaluate its implications on legal certainty and taxpayers’ rights protection. The research employs a normative legal method using statutory, conceptual, and historical approaches, supported by relevant primary and secondary legal materials. The findings reveal that the absence of transitional regulation has led to administrative confusion, unequal tax treatment, and a decline in public trust toward the tax authority. The inconsistency between public policy announcements and formal regulations indicates a weakness in normative control within Indonesia’s tax system. Therefore, immediate regulatory intervention in the form of formal written rules is required to ensure legal certainty, prevent maladministration, and maintain the legitimacy of the national tax regime.

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