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All Journal Jurnal Al Tasyri'iyyah Jurnal Sultan : Riset Hukum Tata Negara
Muhammad Safaat Gunawan
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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REFLECTIONS ON THE IMPLEMENTATION OF THE RULE OF LAW AND DEMOCRACY IN INDONESIA Muhammad Safaat Gunawan
Jurnal Al Tasyri'iyyah Vol 4 No 1 (2024): VOLUME 4 ISSUE 1, JUNE 2024
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jat.v4i1.53910

Abstract

ABSTRACT Reflections on the implementation of the rule of law and democracy in Indonesia reveal challenges and inconsistencies in the application of basic principles of democracy and the supremacy of law. Even though Indonesia has adopted a constitutional democratic system which is supposed to guarantee freedom of opinion, political participation and protection of human rights, reality shows that there is abuse of power and lack of independence of judicial institutions. Political power is concentrated in certain elites, manipulation of the law for the interests of a few parties, and a weak system of checks and balances are issues that undermine the integrity of democracy and the rule of law in Indonesia. The decline in transparency in the political recruitment and election process further worsens public trust in the government and the democratic process itself. Therefore, a strong commitment is needed from all elements of the nation to strengthen and restore the principles of the rule of law and democracy in order to ensure the stability and progress of Indonesia in the future. Keywords: Supremacy of laws; democracy; Abuse of power.
Analisis Konstitusional Larangan Rangkap Jabatan Wakil Menteri Di Indonesia Muhammad Safaat Gunawan; Karsa, Pipih Ludia; Pradana, Syafa'at Anugrah; Mirdedi; Eki Furqon
JURNAL SULTAN: Riset Hukum Tata Negara Volume 4 Nomor 1 Oktober 2025
Publisher : Program Studi Hukum Tata Negara, Institut Agama Islam Negeri Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/sultan_htn.v4i1.15296

Abstract

The phenomenon of Deputy Ministers holding concurrent positions as commissioners or supervisory board members in State-Owned Enterprises (SOEs) reveals a serious problem in Indonesian constitutional practice, namely the lack of synchronization between legal norms and political behavior. Various laws and regulations, such as Law No. 39 of 2008 on State Ministries, Law No. 25 of 2009 on Public Services, and Law No. 19 of 2003 on SOEs, explicitly and imperatively prohibit public officials, including Deputy Ministers, from holding positions that have the potential to cause conflicts of interest. This provision is reinforced by Constitutional Court Decisions No. 79/PUU-IX/2011 and No. 80/PUU-XVII/2019, which confirm that Deputy Ministers are part of the government cabinet and are therefore subject to the same restrictions on concurrent positions as Ministers. This study uses a normative juridical approach with legislative, conceptual, and case analysis to examine the clarity of the norm prohibiting concurrent positions and the direction of legal reform needed. The results of the study confirm that the prohibition on holding multiple positions is binding and must be enforced in accordance with the mandate of the law and the decision of the Constitutional Court. In addition, there is a tendency for a constitutional crisis to occur in the government. Therefore, regulatory reforms are needed to reinforce this prohibition at the legislative level and limit the executive's authority in determining public positions. Keywords : Dual roles, Regulatory reform, Constitutional crisis.
Co-Authors Eki Furqon Karsa, Pipih Ludia Mirdedi Pradana, Syafa’at Anugrah