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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Ilmiah Dunia Hukum PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Jurnal Ilmiah Multidisiplin (JUKIM) Journal of Constitutional Law Society (JCLS) Green Social: International Journal of Law and Civil Affairs Indonesia Media Law Review
Rengga Kusuma Putra
Universitas Sains dan Teknologi Komputer
Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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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.
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.
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.
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.
Dynamics of Access to Justice for Marginalized Communities in Urban Green Space Utilization Conflicts During Ongoing Social and Environmental Transitions Geofani Milthree Saragih; Rengga Kusuma Putra; Muhamad Rezky Pahlawan MP
Green Social: International Journal of Law and Civil Affairs Vol. 1 No. 3 (2024): International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v1i3.271

Abstract

Urban green-space conflicts have emerged as a significant challenge for marginalized communities, exacerbating existing social and environmental inequalities in cities undergoing rapid urbanization and environmental transitions. This study explores the dynamics of access to justice for marginalized groups in the context of urban green-space conflicts, focusing on the barriers they face and the enabling factors that improve their ability to access legal remedies. Through a socio-legal research design, data was collected using surveys, case reviews, and stakeholder interviews, which were analyzed to identify key physical, socio-economic, and institutional barriers that hinder equitable access to green spaces. Findings revealed that marginalized communities often experience physical barriers such as limited proximity to green spaces, socio-economic disparities that prevent them from accessing legal resources, and institutional constraints, including discriminatory urban planning policies. Despite these challenges, enabling factors such as legal aid networks, participatory forums, and inclusive urban planning policies emerged as crucial elements in improving access to justice for these communities. Moreover, the study examined the impact of social and environmental transitions, such as urbanization and climate change, on justice outcomes, showing that these transitions can either exacerbate or alleviate barriers depending on how policies are implemented. The study emphasizes the need for policy reforms that promote equity in urban planning and legal aid systems, ensuring that marginalized communities are included in decision-making processes. Future research should explore the impact of environmental justice policies in global contexts and investigate new legal frameworks to address the specific needs of vulnerable populations.
A Participatory Governance Model for Community Based Waste Management to Enhance Legal Compliance and Public Social Welfare Rengga Kusuma Putra; Lita Tyesta Addy Listya Wardhani; Edvardas Juchnevicius
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 4 (2025): December: International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i4.276

Abstract

This research explores the development of a participatory governance model for community based waste management systems, aiming to enhance both legal compliance and public social welfare outcomes. Community based waste management (CBWM) plays a critical role in addressing environmental and health challenges, yet its success is often hindered by weak governance structures, limited community involvement, and insufficient regulatory frameworks. The study introduces a governance model that integrates local community participation into decision making processes, encouraging ownership and responsibility among residents. The primary goal is to improve compliance with environmental regulations while promoting social welfare by fostering better public health and community cohesion. A review of literature highlights key theories of participatory governance, focusing on its ability to enhance legal adherence and increase social equity. Previous studies on CBWM demonstrate the potential of community involvement in overcoming barriers to legal compliance, such as weak enforcement and fragmented governance. However, challenges like inadequate infrastructure, socio economic factors, and cultural habits still impede full participation and compliance. The study utilizes a mixed methods approach, including stakeholder analysis, participatory workshops, and regulatory compliance assessments, to evaluate the effectiveness of the model. The results show that communities involved in participatory governance exhibit higher compliance with waste management laws, improved sanitation, and healthier living conditions. Furthermore, the model fosters social capital and community empowerment, contributing to long term sustainability. In comparison to centralized waste management systems, the participatory approach is found to be more adaptable, accountable, and socially accepted. While the model presents several benefits, challenges such as infrastructure limitations and cultural barriers remain. Future research should further investigate how to address these challenges, particularly through technological integration and cross sector collaborations, to ensure the scalability and sustainability of the participatory governance model.
CONSTITUTIONAL REVIEW OF THE RIGHT TO EDUCATION: AN ANALYSIS OF CONSTITUTIONAL COURT DECISION NO. 3/PUU-XXII/2024: TINJAUAN KONSTITUSIONAL TENTANG HAK ATAS PENDIDIKAN: ANALISIS KEPUTUSAN MAHKAMAH KONSTITUSIONAL NOMOR 3/PUU-XXII/2024 Rengga Kusuma Putra; Retno Saraswati; Bagus Hermanto; Lita Tyesta Addy Listya Wardhani; Satriya Nugraha
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.136

Abstract

Decision No. 3/PUU-XXII/2024 of the Constitutional Court of the Republic of Indonesia represents a significant development in the trajectory of Indonesian legal politics, particularly in relation to right to education as the constitutional protection enshrined in the 1945 Constitution. Although the ruling carries substantial implications for the interpretation of state obligations in the education sector, scholarly discussion has largely focused on the doctrinal aspects of constitutional adjudication, leaving limited attention to the broader fiscal and political implications of the decision within Indonesia’s governance framework. This study therefore seeks to examine the constitutional meaning and policy consequences of the ruling through a descriptive qualitative approach, with particular attention to the normative structure of the Court’s reasoning and the social justice values underlying its interpretation. The analysis focuses on how the Constitutional Court articulates the relationship between constitutional mandates, state responsibility, and the protection of individual educational rights within the broader framework of Indonesia’s welfare-oriented constitutionalism. The findings indicate that Decision No. 3/PUU-XXII/2024 strengthens the constitutional status of education as a positive right that requires active state intervention. At the same time, the ruling clarifies the scope of governmental obligations in ensuring equitable access to education while implicitly raising questions regarding fiscal allocation, institutional capacity, and policy prioritisation in the implementation of constitutional guarantees. By situating the decision within the broader discourse on the political theory of education law and the adjudication of socio-economic rights, this article contributes to the development of a normative framework that understands education not purely as a matter of public policy but as a constitutionally mandated instrument for achieving social justice. Ultimately, the study argues that the decision reflects a more responsive orientation in Indonesian legal politics, one that seeks to align constitutional interpretation with the pursuit of substantive equality in the national education system.
Urgency of Meaningful Participation in Law-Making Processes in the Digital Media Era Rengga Kusuma Putra; Retno Eko Mardani; Dian Ratu Ayu Uswatun Khasanah; Bagus Hermanto; Satriya Nugraha
Indonesia Media Law Review Vol. 5 No. 1 (2026): January-June, 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/imrev.v5i1.48840

Abstract

Public participation is an essential element in democratic law-making, especially in the digital media era where information dissemination and public engagement occur rapidly. Despite the recognition of participation rights in Indonesia, meaningful engagement in legislative processes remains limited and largely procedural. This normative juridical study analyzes the urgency of institutionalizing meaningful public participation through the lens of digital media law. It examines the legal challenges and implications of digital participation in Indonesia. The findings reveal that while digital platforms have exponentially expanded public access to legislative discourse, current media regulations lack robust, legally binding mechanisms to ensure transparent and responsive public engagement. Consequently, digital participation is often rendered symbolic rather than substantive. The study concludes that reforming Indonesia's media law framework to establish strict digital participation standards is imperative. Strengthening these legal frameworks and digital mechanisms guarantees an inclusive, accountable, and truly meaningful democratic law-making process.
Co-Authors Aziz Widhi Nugroho Bagus Hermanto Cicilia Debby*, Indarja, Fifiana Wisnaeni, Cicilia Debby*, DAULAT NATHANAEL BANJARNAHOR David Banjarnahor Dian Karisma Edvardas Juchnevicius Firinta Togatorop Geofani Milthree Saragih Geofani Milthree Saragih Khasanah, Dian Ratu Ayu Uswatun Lita Tyesta Addy Listya Wardhani Pahlawan MP, H Muhamad Rezky Retno Eko Mardani Retno Saraswati Rianmahardhika Sahid Budiharseno Sandra Leoni Prakasa Yakub Satriya Nugraha Satriya Nugraha Siti Fatimah