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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Suara Hukum
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.
Integration of Constitutional Law and Human Rights: A Comparative Study between Indonesia and South Africa Sugirman, Andi; Nawawi, Jumriani; Hamzah; Amir, Irfan; Samararatne, Dinesha
Jurnal Suara Hukum Vol. 7 No. 1 (2025): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v7n1.p274-297

Abstract

The development of the relationship between constitutional law and human rights is fundamental in a rule of law state. Constitutional law is oriented towards regulating and simultaneously striving for the optimal protection of human rights. This research aims to examine the integration between constitutional law and human rights by conducting a comparative legal study between Indonesia and South Africa. This research is a normative legal study emphasizing historical, conceptual, legislative, and comparative legal approaches. The research findings indicate that the strengthening of human rights norms and the role of the Indonesian Constitutional Court have become crucial points, particularly the role and authority of the Indonesian Constitutional Court through its rulings aimed at protecting human rights. Similar developments also occurred in South Africa after the end of apartheid, with the establishment of the Constitutional Court and constitutional reforms as important steps in upholding the rule of law and human rights. The Constitutional Courts of Indonesia and South Africa both face issues such as weak implementation of rulings, political pressure, and slow legislative processes that accommodate the Constitutional Court's decisions. This research recommends that the integration of constitutional law and human rights should be optimized by strengthening the authority of the Constitutional Court, including the authority to ensure that Constitutional Court decisions are obeyed and implemented optimally to protect human rights.
Co-Authors Amir, Irfan Andi Sugirman, Andi Hamzah Jumriani Nawawi Minin, Agusta R. NURLAILY, NURLAILY