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Analisis Prinsip Demokrasi Dalam Konstitusi Indonesia: Tinjauan Terhadap Implementasi Dan Tantangannya Maximiliania Krismarmita Brahman; Geal Aditya Christian; Nabila Sanina Fadhilah; Nayya Devi Denita
Politika Progresif : Jurnal Hukum, Politik dan Humaniora Vol. 1 No. 2 (2024): Juni : Politika Progresif : Jurnal Hukum, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/progres.v1i2.343

Abstract

This analysis focuses on the democratic principles contained in the Indonesian Constitution and how they are implemented as well as the challenges faced. The Indonesian Constitution, which is based on popular sovereignty, is considered the basis for the implementation of democracy in Indonesia. However, in practice, the implementation of democracy still faces several challenges, such as political corruption, identity politics, and the spread of false information. This research uses a normative juridical approach to analyze the regulations governing the democratic system and elections in Indonesia, including the 1945 Constitution and the Election Law. The results show that although democracy in Indonesia has been running for several years, there are still many challenges faced, such as a lack of political literacy and public knowledge of democratic principles. In this analysis, the research also discusses the implementation of Pancasila Democracy, which is based on indigenous Indonesian values. Pancasila Democracy is considered the right choice for the Indonesian state, but it still needs to be balanced with good political literacy and knowledge so that freedom of speech is not abused.
Hukum sebagai Alat Kekuasaan dalam Studi Kasus Kriminalisasi Petani pada Konflik Agraria di Banyuwangi Maximiliania Krismarmita Brahman; Nabila Sanina Fadhilah; Anita Raharjayanti; Lia Risqi Ananda
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 3 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i3.1054

Abstract

The agrarian dispute that occurred in Pakel Village, Banyuwangi, illustrates the complexity of legal issues and structural inequalities that still linger from the New Order era. Several local farmers were detained on charges of vandalism and incitement, despite the fact that they were defending ancestral land that had been managed for generations against the unilateral claims of a plantation company. This article examines the incident through the lens of agrarian law, land ownership rights, and principles of social justice, while also analyzing the state's role in balancing the rights of indigenous communities and corporate interests. This case study shows that a repressive legal approach actually deepens inequality and hinders the process of agrarian reform. The conflict in Pakel Village is a clear reflection of the state's inability to handle agrarian conflicts fairly and sustainably.