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The Urgency of Meaningful Participation in the Law Making Process from the Perspective of Democratic Countries (Comparison of Indonesia, South Africa and the United States) Rengga Kusuma Putra; Aziz Widhi Nugroho; Geofani Milthree Saragih; Siti Fatimah; Satriya Nugraha
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5270

Abstract

Meaningful participation in law formation is a crucial aspect of a democratic country. The existence of this participation not only reflects the voice of the people but also increases the legitimacy of the resulting law. A legislative process that involves the community can create rules that are more responsive and in line with community needs. In this context, this research discusses meaningful participation practices in Indonesia, South Africa, and the United States. Each country has different approaches and mechanisms for involving the public in the legislative process. The research method used is normative legal research with a statutory approach and a comparative legal approach. Through this approach, the study analyzes the laws and regulations governing public participation and identifies best practices from each country. The research results show that South Africa implements an effective public consultation system, where the public can provide direct input in the discussion of draft laws. Meanwhile, the United States has a structured participation mechanism, including public hearings and gathering input from various stakeholders, thereby creating a space for constructive dialogue between policymakers and the public. On the other hand, Indonesia still faces challenges in ensuring meaningful participation, despite efforts through public discussion mechanisms. These findings suggest the need to improve participation mechanisms in Indonesia to optimize the quality of democracy and legal legitimacy. Apart from that, support from the government and society is needed to create a stronger culture of participation, so that every individual feels they have a role in the legislative process. In this way, it is hoped that the resulting law will not be just a formality, but wil.Keywords:Meaningfull Participation; Legislation; Law Making; Democratic.
A Critical Review of the Revision of Law Number 39 of 2008 on State Ministries from the Perspective of the Indonesian Rule of Law and the Principles of Pancasila Democracy Daulat Nathanael Banjarnahor; Rengga Kusuma Putra; Firinta Togatorop; David Banjarnahor
Jurnal Ilmiah Multidisiplin Vol. 4 No. 04 (2025): Juli: Jurnal Ilmiah Multidisiplin
Publisher : Asosiasi Dosen Muda Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56127/jukim.v4i04.2166

Abstract

As a country with a constitution as the highest fundamental law, Indonesia regulates and distributes state functions to state power organs, which are then referred to as State Institutions. One of the state institutions regulated in the constitution is the State Ministry Institution, which is governed by Article 17 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, stating that the President is assisted by State Ministers. Article 17 paragraph (4) regulates that the establishment, amendment, and dissolution of state ministries are governed by law. This then became a polemic, because the People's Consultative Assembly (MPR) of the Republic of Indonesia had agreed to the Revision of Law Number 39 of 2008 on State Ministries, with one of the important points of change being the absence of a limit on the number of ministries, so that the number of ministries formed and established by the President is in accordance with the needs of state administration. The issues raised in this scientific article are: First, How to Critically Review and Analyze the Revision of Law Number 39 of 2008 on State Ministries from the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila Democracy, and Second, Whether the Revision of Law Number 39 of 2008 on State Ministries is in accordance with the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila Democracy. The research method used to address the issues in this scientific article is the normative legal research method with a conceptual approach. The conclusion drawn from the problem-solving answers is: First, that the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila were not used as guidelines and were ignored by the State in the process of Revising Law Number 39 of 2008 on State Ministries, and Second, that the Revision of Law Number 39 of 2008 on State Ministries does not yet align with the Perspective or Doctrine of the Indonesian Rule of Law and the Principles of Pancasila Democracy.
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.
Protection of Commercial Cargo Ships in the Exercise of the Right of Passage Through International Straits Satriya Nugraha; Rengga Kusuma Putra; Dewa Gede Sudika Mangku; Aziz Widhi Nugroho; Rianmahardhika Sahid Budiharseno
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 2 APRIL 2026
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v0i0.7032

Abstract

As time goes by and the development of the ship industry, international straits also play an important role as vital routes for the movement of ships. UNCLOS 1982 regulates the use of international straits as international navigation routes, affirming the importance of the Strait in global trade. The Strait is a transportation route and a source of significant economic potential, supporting growth and investment in the surrounding area. However, there are often dynamics and conflicts with countries on the edge of the Strait, one of which is the case of the Yemeni militant Hothi, who attacked merchant ships heading to the Americas and Europe or vice versa. Therefore, it is important to know about the rights and obligations of strait states in the context of maritime law and maritime law. This study will examine the regulation of the protection of commercial cargo ships in the peaceful passage of international straits and the protection of commercial cargo ships that have been attacked by a country's military group in international waters, with a legal research method that will analyze and provide a prescriptive view. UNCLOS 1982 regulates the peaceful passage of commercial cargo ships in the international Strait with the principle of freedom of navigation. It guarantees the safety of navigation, but there are restrictions to maintain the peace of coastal states that must still be observed. Ship protection involves the responsibility of coastal states, which must ensure unimpeded peaceful passage and provide hazard notices. Additional regulations such as SOLAS 1974 set minimum safety standards. Military attacks on commercial cargo ships could cause diplomatic tensions and economic losses. International cooperation, strict law enforcement, and mutual security measures are needed to enhance protection. This joint effort, involving coastal states and international cooperation, is expected to create a safe and stable maritime environment.