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All Journal Literacy : International Scientific Journals of Social, Education, Humanities Jurnal Pendidikan dan Sosial Humaniora
Evi Fitriani
Universitas Pembangunan Nasional “Veteran” Jakarta
Humanities Education Social Sciences

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Reconstruction Draft Testing Regulation Legislation in System Law National : Study Theoretical and Legal to Function Testing in Ensure Supremacy Constitution Wicipto Setiadi; Kaharuddin Kaharuddin; Evi Fitriani; Dimas Yanuarsyah
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 3 No. 3 (2024): December : LITERACY : International Scientific Journals of Social, Education, H
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v3i3.2552

Abstract

This article discusses the urgency of reconstructing the concept and mechanism of reviewing legislation in the Indonesian national legal system. The main focus is on the dualism of authority between the Constitutional Court and the Supreme Court, weak public participation, and lack of transparency in the judicial review process. Using a normative approach based on Hans Kelsen's hierarchy of norms theory and Satjipto Rahardjo's progressive law, this study highlights the need for a testing system that is not only legal-formal but also substantive and fair. Findings indicate that the separation of authority without coordination leads to inefficiency, inconsistent decisions, and a crisis of legal legitimacy. A comparative study of systems in Germany, South Korea, and the United States serves as the basis for developing an ideal model of judicial review that is centralized, transparent, participatory, and responsive to constitutional values. This research recommends institutional reforms, the development of integrated procedural standards, the digitization of the judicial review system, and the establishment of a unit to oversee the implementation of decisions. As a result, judicial review can function optimally as a corrective tool against unconstitutional regulations and ensure the supremacy of the constitution in Indonesia's constitutional practice.
Transformasi Paradigma Kebijakan Publik: Integrasi Prinsip Hukum Progresif dalam Pembangunan Hukum Responsif di Indonesia Evi Fitriani; Ahmad Ahsin Thohari; Irsyaf Marsal
Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora Vol. 5 No. 2 (2025): Juni : Khatulistiwa: Jurnal Pendidikan dan Sosial Humaniora
Publisher : AMIK Veteran Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/khatulistiwa.v5i2.6298

Abstract

This article discusses the transformation of the public policy paradigm in Indonesia through the integration of progressive legal principles in order to realize legal development that is responsive to the social needs of society. Progressive law, as initiated by Satjipto Rahardjo, emphasizes that the law must side with substantive justice and the needs of the people, not merely enforce rigid and procedural legal certainty. This research uses a normative juridical approach with qualitative analysis of various laws and regulations, legal doctrines, and relevant case studies. The results of the study show that the integration of progressive legal principles into public policy has great potential in bridging the gap between social reality and formalistic legal construction. However, the implementation of this principle is faced with a number of challenges, such as institutional resistance from conservative legal institutions, a legal education paradigm that is still legal-formalistic, and limited public participation in the legislative process. To overcome these obstacles, a comprehensive strategy is needed, including reforming the legal education curriculum, revitalizing law enforcement officials, strengthening the role of civil society, and optimizing information technology in the justice system. With these steps, legal transformation is expected to be not only structural, but also cultural and paradigmatic, so as to realize a national legal system that is more inclusive, fair, and relevant to the dynamics of contemporary Indonesian society.
Co-Authors Ahmad Ahsin Thohari Dimas Yanuarsyah Irsyaf Marsal Kaharuddin Kaharuddin Wicipto Setiadi