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Netralitas Majelis Kehormatan Hakim Konstitusi dalam Menegakkan Kode Etik Hakim: Kajian Perbandingan dengan Komisi Yudisial Rasji; Nuzan, Namira Diffany; Nadilatasya, Putri Meilika; Lie, Sherley
Jurnal Hukum Lex Generalis Vol 5 No 10 (2024): Tema Filsafat Hukum, Politik Hukum dan Etika Profesi Hukum
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v5i10.932

Abstract

The Indonesian state is a state of law that actually prioritizes law over politics. The Indonesian state in regulating the structure of the state administration and the actions of its people always prioritizes the laws that have been compiled and made by the government and must also be implemented. In its implementation, the State of Indonesia has set up a judicial institution which specializes in overseeing the code of ethics of a Judge who will decide the case, namely the Judicial Commission. The purpose of this study is to determine the neutrality of an independent institution, namely the Honorary Council of the Constitutional Court in carrying out its duties using a research method approach to legislation or pre-existing literature. In the discussion of this paper, several new facts were found regarding the supervision carried out by the Judicial Commission as a judicial supervisory institution that only supervises Supreme Court Judges but does not supervise Constitutional Judges. Indeed, if the Constitution conducts direct supervision of Constitutional Judges, it will certainly lead to non-neutrality in the implementation of such supervision.
Demonstrations as an essential component of the democratic system Prianto, Yuwono; Nadilatasya, Putri Meilika; Nuzan, Namira Diffany; Burnama, Yustince
Jurnal Pendidikan PKN (Pancasila dan Kewarganegaraan) Vol 6, No 2 (2025): October 2025
Publisher : Universitas Tanjungpura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26418/jppkn.v6i2.99441

Abstract

Democracy, as a system of government based on popular sovereignty, places freedom of expression as a fundamental right of every citizen. One tangible manifestation of this right is demonstrations, which serve as an essential means of channeling public aspirations toward government policies. This study aims to analyze the role of demonstrations as an essential element in strengthening Indonesia"™s democratic system. The research employs a normative juridical method with a legal-philosophical and literature-based approach. The findings indicate that demonstrations play a strategic role in balancing the relationship between state authority and public participation while reinforcing democratic legitimacy. However, demonstrations often create tension between freedom of expression and public order, necessitating proportional legal regulations grounded in substantive justice. Drawing on the theories of John Stuart Mill, John Locke, and Gustav Radbruch, demonstrations should ideally be conducted peacefully, rationally, and responsibly to maintain harmony between citizens"™ rights and the public interest. Therefore, demonstrations must be regarded not as a threat but as a vital pillar of constitutional democracy in Indonesia