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All Journal Literacy : International Scientific Journals of Social, Education, Humanities Journal of Law, Human Rights, Immigration, and Corrections
M. Reza Saputra
Universitas Pembangunan Nasional “Veteran” Jakarta
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Civil Society As Constitutional Guardians: Comparative Analysis And Indonesian Prospects: Masyarakat Sipil sebagai Penjaga Konstitusi: Analisis Perbandingan dan Prospek Indonesia M. Reza Saputra
Journal of Law, Human Rights, Immigration, and Corrections Vol. 1 No. 1 (2025): Journal of Law, Human Rights, Immigration, and Corrections
Publisher : Yayasan Cerdas Pedia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65101/lawric.v1i1.114

Abstract

This study examines civil society organizations (CSOs) as constitutional guardians in Indonesia through comparative constitutional analysis. Although prior scholarship has documented procedural aspects of constitutional complaints, the participatory dynamics through which CSOs strengthen constitutional accountability remain underexplored. Employing normative legal-juridical methodology and comparative law analysis, this research examines CSO engagement models in South Korea, South Africa, and Germany to derive lessons for Indonesia's constitutional system. The study identifies institutional and procedural barriers impeding optimal CSO participation, including limited legal standing and high access costs. Empirical findings demonstrate that CSOs significantly influence constitutional courts by expanding access to justice, contributing expertise, and catalyzing jurisprudential innovation. In Indonesia, the emerging amicus curiae practice signals potential for deeper CSO involvement; however, structural constraints remain. This study concludes that comprehensive institutional reform is imperative. Key recommendations include formalizing CSO standing through Constitutional Court Law amendments and lowering access barriers to strengthen participatory democracy and safeguard citizens' constitutional rights.
Redefining Executive Power: Evolution of Presidential and Vice Presidential Roles in Indonesia’s Post-Amendment Con-stitutional System M. Reza Saputra; Nabila Hilyatunisa
LITERACY : International Scientific Journals of Social, Education, Humanities Vol. 4 No. 2 (2025): August : International Scientific Journals of Social, Education, Humanities
Publisher : Badan Penerbit STIEPARI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56910/literacy.v4i2.2697

Abstract

The Indonesian constitutional system underwent fundamental transformation following the four amendments to the 1945 Constitution between 1999 and 2002, fundamentally redefining the constitu-tional status of the President and Vice President within the framework of democratic transition. This study examines the comprehensive changes in executive authority, institutional design, and accountability mechanisms that emerged from Indonesia's gradualist approach to constitutional reform. Using normative legal research methodology through statute and conceptual approaches, this research analyzes primary legal materials including the amended 1945 Constitution, relevant legislation, and secondary materials com-prising scholarly journals and legal literature. The study employs a multi-dimensional analytical framework encompassing institutional, authority, accountability, and relational dimensions to assess the transfor-mation of executive power. Results demonstrate that the amendments successfully established direct popular elections for both offices, implemented two-term limitations, and created robust accountability mechanisms including judicial review by the Constitutional Court and enhanced legislative oversight. The constitutional reforms eliminated the previous concentration of virtually unlimited presidential power while strengthening the Vice President's role from a nominal position to a constitutionally empowered successor. The study concludes that Indonesia's gradualist constitutional reform approach successfully balanced democratic innovation with political stability, creating an effective separation of powers system with meaningful checks and balances, though challenges remain regarding democratic consolidation and institutional effectiveness in preventing authoritarian regression.
Co-Authors Nabila Hilyatunisa