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All Journal Veteran Law Review Jurnal Hukum Legalita Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
Novaranty Zura Dwiputri
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Urgensi Penataan Ulang Mekanisme Pengujian Peraturan Perundang-Undangan di Indonesia: (Analisis Normatif terhadap Kewenangan Lembaga Yudikatif) Ismarini Della Purnama; Novaranty Zura Dwiputri; Wicipto Setiadi; Kaharuddin Kaharuddin
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 3 No. 2 (2024): Juli : JURRISH: Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Pusat Riset dan Inovasi Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v3i2.5569

Abstract

The current Indonesian legal system recognizes two paths of judicial review, although this division of authority is constitutionally legal, but in practice it raises serious problems. One of them is the inconsistency of decisions between judicial institutions. For example, there is a Supreme Court decision that cancels Regional Regulations that have previously been studied by the Constitutional Court, causing confusion in the application of the law. This not only weakens the principle of legal certainty, but also raises problems in the effectiveness of the judicial system. This study aims to identify the concept of restructuring the ideal regulatory testing mechanism according to the principle of the state of law and the theory of norm hierarchy and analyze the need for restructuring the regulatory testing mechanism in Indonesia from the perspective of legal certainty, justice, and law enforcement effectiveness. The research method used in this study is normative juridical and uses a legislative approach. The results of the study show.
The Neutrality of Civil Servants in The 2024 Elections: A Proportionality Test of Administrative Sanctions Against Civil Servants Political Rights Ismarini Della Purnama; Novaranty Zura Dwiputri; Kaharuddin; Alvionita, Anni
Veteran Law Review Vol 8 No 2 (2025): November 2025
Publisher : Faculty of Law |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/velrev.v8i2.12213

Abstract

The neutrality of civil servants (Aparatur Sipil Negara/ASN) is a fundamental principle in ensuring fair and democratic elections in Indonesia. Despite clear regulations under the 1945 Constitution, the Civil Service Law, and the Election Law, violations of neutrality among ASN have persisted, raising concerns over the balance between bureaucratic impartiality and the political rights of civil servants. This study aims to analyze whether administrative sanctions imposed on ASN for political involvement during the 2024 elections are proportionate in light of constitutional guarantees of political rights. Employing a normative legal research method with a statute, conceptual, and case approach, this paper examines relevant laws, constitutional provisions, and judicial decisions, including rulings from the Constitutional Court and Administrative Courts. The findings reveal that, while sanctions are necessary to preserve electoral integrity, their application often lacks proportionality, with cases of dismissal for minor infractions highlighting inconsistencies and potential over-restriction of fundamental rights. The proportionality test, widely recognized in constitutional law, provides a useful framework to assess whether restrictions on ASN’s political rights serve legitimate aims, are necessary, and remain balanced. The study concludes that proportional application of administrative sanctions, combined with clearer regulatory guidelines and stronger appeal mechanisms, is essential to uphold both democratic values and the protection of civil servants’ constitutional rights.
Supremasi Sipil Atas Militer Pasca-2024: Membaca Resistensi Institusional dalam Politik Hukum Indonesia Della, Ismarini Della Purnama; Novaranty Zura Dwiputri; Irwan Triadi
Legalita Vol 7 No 2 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i2.1947

Abstract

This research focuses on the civil-military supremacy principle within the context of Indonesia’s constitutional democracy, specifically post-2024 political and legal developments. The study examines how the relationship between civilian authorities and the military has evolved, highlighting the institutional resistance within the Indonesian military that challenges civil supremacy. The chosen topic is vital due to the increasing influence of the military in civilian affairs, notably in the political and administrative sectors. Utilizing a normative juridical-critical methodology, this research analyzes primary legal texts, such as the 1945 Constitution, the Indonesian National Army Law (UU TNI), and the Military Court Law, alongside recent amendments. It explores the inconsistency between Indonesia's formal civil supremacy principles and the military’s continued privileges, which hinder the full implementation of democratic governance. The research also highlights the growing political and institutional dynamics, including the controversial expansion of military roles post-2024 and its implications on national security and civilian control. The findings suggest that institutional military resistance to civil supremacy has resulted in legal dualism, undermining the rule of law and democratic consolidation. The study contributes to understanding the challenges of strengthening civilian authority in Indonesia's governance and offers recommendations for legal reforms, including the integration of military and civilian judicial systems, increased civil society oversight, and sustainable policymaking. Ultimately, this research underscores the critical need to preserve civilian supremacy to protect Indonesia's constitutional democracy
Co-Authors Alvionita, Anni Della, Ismarini Della Purnama Irwan Triadi Ismarini Della Purnama Kaharuddin Kaharuddin