Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
P-Index
This Author published in this journals
All Journal Jambe Law Journal Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Nursetiawan, Eko
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Upholding Judicial Independence through the Practice of Judicial Activism in Constitutional Review: A Study by Constitutional Judges Ardhanariswari, Riris; Nursetiawan, Eko; Amalia, Syarafina Dyah; Cahyani, Enny Dwi; Fadzil, Rozlinda Mohamed
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 2 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i2.9565

Abstract

The practice of judicial activism, though not formally defined within the jurisdiction of the Constitutional Court (MK), is implicitly recognized as an integral element of independent judicial power. The importance of this independence is underscored as a fundamental necessity for the preservation of law and justice. This research utilized a normative juridical methodology, incorporating conceptual, comparative, and case-based analysis. The study findings reveal that judicial activism, as practiced within the Constitutional Court, is underpinned by independent judicial authority. Moreover, this practice aligns with the tenets of progressive legal doctrines, which not only acknowledge the significance of codified legal provisions but also endorse legal innovations for the pursuit of justice. The practice of judicial activism within the Constitutional Court is indispensable for reinforcing the principle of checks and balances. The subjective and abstract nature of judicial activism, however, necessitates objective validation through the principle of virtue jurisprudence.
Meaningful Participation in Legislative Drafting as a Manifestation of a Democratic Rule of Law Nursetiawan, Eko; Ardhanariswari, Riris
Jambe Law Journal Vol. 5 No. 2 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.2.251-270

Abstract

Public participation has a significant role in the law-making process. As a manifestation of a democratic legal state, it acts as a direct form of check and balance from the people. The problem discussed in this study are: 1) what is the urgency of meaningful participation in forming legislation as a manifestation of a democratic rule of law? and 2) what are the obstacles to meaningful participation in forming legislation as a manifestation of a democratic rule of law? The research uses the normative juridical method with a statute and case Approach. Subsequent to the decision of the Constitutional Court Number 91/PUU-XVIII/2020, public participation would be more meaningful (meaningful participation), with at least 3 (three) requirements, namely: the right to be heard; second, the right to be considered; and third, the right to be explained
Co-Authors Enny Dwi Cahyani Fadzil, Rozlinda Mohamed Riris Ardhanariswari Syarafina Dyah Amalia