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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Batulis Civil Law Review
Samararatne, Dinesha
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Law, Crime, Criminology & Criminal Justice

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The Substantive Justice in Regional Elections: A Philosophical and Sociological Comparison of Asian, European, And African Countries Nurlaily, Nurlaily; Minin, Agusta R.; Samararatne, Dinesha
Jurnal IUS Kajian Hukum dan Keadilan Vol. 13 No. 1 (2025): Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v13i1.1656

Abstract

Substantive justice in regional elections, which focuses on election outcomes that reflect social justice, inclusiveness, and fair distribution of power, requires a contextual approach in Asia, Europe, and Africa to address the unique challenges of each region and create more inclusive and just political systems. This study aims to explore the philosophical and sociological understanding and application of the concept of substantive justice and its impact on political representation and inclusiveness in regional elections in Asian, European, and African countries. This study uses normative legal methods with legislative, conceptual, and comparative approaches to analyze the concept of substantive justice and its application in regional elections in Asia, Europe, and Africa, relying on qualitative analysis of primary, secondary, and tertiary legal materials. The results of the study show that substantive justice in regional elections focuses on outcomes that reflect social justice, equality, and inclusiveness, with highly contextual applications in Asia, Europe, and Africa. In Europe, this concept is influenced by John Rawls’ theory of justice as fairness, with a proportional electoral system that is effective in representing the diversity of society. In Asia, values ​​of social harmony and cultural plurality influence the implementation of substantive justice, although challenges such as money politics and social inequality remain significant. In Africa, the philosophy of Ubuntu encourages community solidarity, but obstacles such as corruption and ethnic conflict hinder its implementation. In general, affirmative action policies, ongoing reforms, and public education are needed to strengthen inclusiveness and political representation at the local level in various regions.
Political Parties and Trading in Influence: A Comparative Study from a Civil Law Perspective in Indonesia and Sri Lanka Ali, Hilmy Faidulloh; Djatmika, Prija; Yuliati, Yuliati; Istiqomah, Milda; Samararatne, Dinesha
Batulis Civil Law Review Vol 7, No 1 (2026): VOLUME 7 ISSUE 1, MARCH 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/ballrev.v7i1.3678

Abstract

Introduction: The phenomenon of trading in influence is a form of political corruption that is difficult to identify because it operates within the realm of power relations that do not always take the form of direct bribery. Political parties in the context of modern democracies often act as mediators between public and economic interests, making them potentially key actors in the practice of trading in influence.Purposes of the Research: This study aims to analyze the involvement of political parties in the practice of trading in influence and compare the effectiveness of regulations and law enforcement in Indonesia and Sri Lanka. Furthermore, this study examines the extent to which the civil legal systems in both countries are able to close legal loopholes that allow for covert political corruption.Methods of the Research: This research uses a normative legal method with a comparative approach, examining legislation, jurisprudence, and international documents related to political corruption. Secondary data was obtained through a study of academic literature, reports from anti-corruption agencies, and a comparative analysis of the implementation of the United Nations Convention Against Corruption (UNCAC) in both jurisdictions, namely Indonesia and Sri Lanka.Results / Main Findings / Novelty/Originality of the Research: The results show that Indonesia and Sri Lanka face similar challenges in enforcing laws against influence peddling due to weak regulations explicitly addressing the practice. However, Indonesia has shown progress in adopting the principles of the United Nations Convention Against Corruption (UNCAC), while Sri Lanka remains limited to an administrative approach without strong criminal sanctions.
Co-Authors Ali, Hilmy Faidulloh Milda Istiqomah Minin, Agusta R. NURLAILY, NURLAILY Prija Djatmika, Prija Yuliati -