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p-Index From 2021 - 2026
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All Journal Priviet Social Sciences Journal Indonesian State Law Review (ISLRev)
Moh. Imam Gusthomi
Faculty of Law, Universitas Negeri Semarang
Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Constitutional implications of implementing the presidential threshold on the presidential system in Indonesian constitutional practice Suci Ramadhani; Widia Oktavia Ramadhani; Rusia Azuba; Moh. Imam Gusthomi
Priviet Social Sciences Journal Vol. 6 No. 6 (2026): June 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i6.1846

Abstract

This study analyzes the constitutional implications of implementing the presidential threshold in Indonesia’s presidential system, particularly regarding presidential legitimacy, the separation of powers, political participation, and governmental stability. The main problem is whether the presidential threshold strengthens the presidential system or creates constitutional tensions within Indonesia’s democratic and multiparty frameworks. This study aims to examine its implementation in electoral practice, assess its consistency with presidentialism, and evaluate its impact on democratic representation. This study uses a normative legal method with statutory, conceptual, historical, and case approaches. The novelty of this study lies in viewing the presidential threshold as a constitutional issue rather than merely an electoral technical requirement. The findings show that the presidential threshold produces ambivalent effects: it may support short-term stability through early coalition-building and legislative support, but it may also weaken substantive democracy by limiting political participation, narrowing voter choices, encouraging pragmatic coalitions, and making presidential nomination dependent on parliamentary configurations.
Constitutionalism as A Design For Limiting Power in The Era of Post-Truth Democracy Martitah Martitah; Arif Hidayat; Moh. Imam Gusthomi; Niken Septiani; Tegar Islami Putra; Rahmawati Mohd Yusoff
Indonesian State Law Review (ISLRev) Vol. 8 No. 2 (2025): Indonesian State Law Review, October 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i2.30529

Abstract

The principle of constitutionalism is the main pillar in maintaining the balance of power and upholding the rule of law in a democratic system of government. In the Indonesian context, the dynamics of state administration show that this principle is increasingly relevant, especially amid the trend of widening executive and legislative powers and the challenges of the post-truth era of democracy. This research uses a descriptive qualitative method with a literature study approach, reviewing various literature and research results from 2020 to 2025 to understand the urgency, implementation, and challenges of constitutionalism in limiting power in Indonesia. The discussion begins with an elaboration on the nature of constitutionalism and its function in democracy, followed by an analysis of the mechanism for limiting power as a manifestation of constitutional principles, as well as the issue of term extension as an early symptom of the erosion of these principles. Furthermore, new challenges in the digital era involving the influence of technology and oligarchy in shifting the meaning of constitutionalism to mere formality are examined. The findings show that the weakening of the principle of constitutionalism does not only occur through normative violations, but also through political engineering of power hidden in the practice of procedural democracy. Thus, strengthening constitutionalism through legal reform, strict institutional control, and public political literacy is an urgent agenda in maintaining the integrity of a healthy and equitable democratic system.
Women's Legislative Representation and the Pursuit of Gender-Mainstreaming in Public Policy Formulation Ristina Yudhanti; Moh. Imam Gusthomi; Rizqan Naelufar; Dina Ristanti; Gabriel Aditya Permana S; Deva Sakti Susmana; Halim Rahmansah
Indonesian State Law Review (ISLRev) Vol. 9 No. 1 (2026): Indonesian State Law Review, April 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v9i1.36023

Abstract

The representation of women in parliament is expected to yield policies that support women's interests. This study examines legal issues related to women's representation in the legislative process, with the aim of formulating policies that prioritize gender mainstreaming for women. The findings indicate that female representation has successfully produced gender-responsive legal instruments that offer protection against the rising incidence of violence against women. The enactment of Law No. 12 of 2022 on Sexual Violence Crimes (UU TPKS) constitutes a crucial milestone. Sustained collaboration with relevant stakeholders is essential to ensure the effective implementation of this legislation, including through the formulation of implementing regulations and the enhancement of public awareness. The legislative process undertaken by female legislators in crafting protective policies is inseparable from prevailing cultural challenges. This research constitutes Basic Research employing a socio-legal methodology through qualitative inquiry, utilizing both primary and secondary data sources. The research cluster contributes to assessing the extent to which women's representation in the legislative process advances the formulation of policies that foreground gender mainstreaming. The objective of this study is to measure the degree to which women's representation in the legislative process contributes to the development of policies that prioritize gender mainstreaming for women. This involves an analysis of the messages and narratives conveyed by parliament during the legislative process, and the identification of key factors influencing the effectiveness of women's representation in promoting gender mainstreaming.
Co-Authors Arif Hidayat Deva Sakti Susmana Dina Ristanti Gabriel Aditya Permana S Halim Rahmansah Martitah Niken Septiani Rahmawati Mohd Yusoff Ristina Yudhanti Rizqan Naelufar Rusia Azuba Suci Ramadhani Tegar Islami Putra Widia Oktavia Ramadhani