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Ketegangan antara Independensi Kekuasaan Kehakiman dan Politik Pengisian Hakim Konstitusi di Indonesia Sandra Leoni Prakasa Yakub; Rengga Kusuma Putra; Lita Tyesta Addy Listya Wardhani; Fifiana Wisnaeni; Dian Karisma
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 14 No 1 (2026): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v14i1.1817

The appointment mechanism of constitutional court judges represents a critical intersection between judicial independence and democratic legitimacy. In Indonesia, the tripartite nomination model involving the President, the House of Representatives, and the Supreme Court was originally designed to embody checks and balances. However, recent institutional developments raise concerns regarding structural vulnerabilities within this design. This article examines whether Indonesia’s appointment model adequately safeguards judicial independence or instead generates institutional dependency. Employing normative juridical analysis combined with a functional comparative approach, the study compares Indonesia’s system with those of Germany and South Korea, both of which operate centralized constitutional review mechanisms. This article argues that Indonesia’s fragmented yet majoritarian appointment structure structurally produces appointment dependency, distinguishing it from the institutionalized political constraint models found in Germany and South Korea. While political involvement in judicial selection is not inherently incompatible with judicial independence, the absence of supermajoritarian consensus requirements and structured public scrutiny increases the risk of majoritarian capture. The article proposes a reconstruction of Indonesia’s appointment design through the introduction of qualified majority requirements and institutionalized public deliberation mechanisms. Such reforms aim to recalibrate the balance between democratic legitimacy and judicial autonomy within Indonesia’s constitutional framework.

Community Perceptions of Integrating Customary Law Norms and Government Regulations in Protecting Legally Vulnerable Marginal Ecosystems Linda Ikawati; Fifiana Wisnaeni; Sandra Leoni Prakasa Yakub
Green Social: International Journal of Law and Civil Affairs Vol. 2 No. 4 (2025): December: International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v2i4.275

This study explores the integration of customary law and government regulations in environmental protection, emphasizing the role of community perceptions in shaping effective legal frameworks. Marginal ecosystems, such as coastal areas, urban fringes, and sacred natural sites, often face vulnerability due to fragmented governance systems that fail to coordinate customary practices with formal legal structures. The research investigates how integrating local traditions and state regulations can enhance biodiversity conservation, improve community engagement, and ensure the long term sustainability of environmental management efforts. Findings reveal that when customary laws are formally recognized and incorporated into state regulations, they significantly enhance the legitimacy and effectiveness of conservation policies. Communities in regions like Bali, Indonesia, and Pacific Islands have shown that hybrid legal approaches, which respect traditional ecological knowledge, result in greater participation and trust in conservation activities. However, challenges such as administrative complexity, lack of standardized guidelines, and the need for adequate funding and support for community based governance hinder the full potential of this integration. The study highlights the importance of simplifying legal processes and fostering mutual understanding between customary practices and formal regulations to achieve successful ecosystem protection. This research emphasizes the need for policy reforms that ensure the inclusion of customary law in environmental governance frameworks, ultimately promoting a more inclusive, adaptive, and sustainable approach to managing marginal ecosystems.

Evaluating the Implementation of Meaningful Participation Principles for Vulnerable Groups in Promoting Inclusive Legislation: A Comparative Study of Indonesia and Poland Rengga Kusuma Putra; Satriya Nugraha; Edvardas Juchnevicius; Willy Naresta Hanum; Sandra Leoni Prakasa Yakub
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p02

This study aims to evaluate the regulation and implementation of the principle of meaningful participation of vulnerable groups in the legislative process, and to identify factors influencing its effectiveness in realizing inclusive legislation through a comparative study between Indonesia and Poland. This study uses a normative legal research method with a legislative, conceptual, and comparative approach. The legal sources include primary legal materials in the form of constitutions, laws, and regulations related to public participation and legislation; secondary legal materials in the form of national and international scientific journals, textbooks, and reports from state and international institutions; and tertiary legal materials as conceptual support. The analysis was conducted qualitatively through legal reasoning and a comparison between norms and practices in Indonesia and Poland. The results show that normatively both countries have recognized the importance of public participation, including vulnerable groups, as part of the principles of democracy and the rule of law. However, the implementation of meaningful participation still faces gaps between regulation and practice, particularly regarding access to information, substantive involvement, and the actual influence of vulnerable groups on the substance of legislation. Factors determining the effectiveness of meaningful participation include the strength of the legal basis, the political commitment of lawmakers, institutional capacity, the role of civil society, and transparency and accountability mechanisms. This research makes a scientific contribution by enriching comparative law-based inclusive legislative studies and offering policy recommendations for strengthening meaningful participation of vulnerable groups.

Evaluating the Implementation of Meaningful Participation Principles for Vulnerable Groups in Promoting Inclusive Legislation: A Comparative Study of Indonesia and Poland Rengga Kusuma Putra; Satriya Nugraha; Edvardas Juchnevicius; Willy Naresta Hanum; Sandra Leoni Prakasa Yakub
Kertha Patrika Vol. 48 No. 1 (2026): Recalibrate Indonesia Law based on Legal Reform in Specific Sectors
Publisher : Faculty of Law, Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24843/KP.2026.v48.i01.p02

This study aims to evaluate the regulation and implementation of the principle of meaningful participation of vulnerable groups in the legislative process, and to identify factors influencing its effectiveness in realizing inclusive legislation through a comparative study between Indonesia and Poland. This study uses a normative legal research method with a legislative, conceptual, and comparative approach. The legal sources include primary legal materials in the form of constitutions, laws, and regulations related to public participation and legislation; secondary legal materials in the form of national and international scientific journals, textbooks, and reports from state and international institutions; and tertiary legal materials as conceptual support. The analysis was conducted qualitatively through legal reasoning and a comparison between norms and practices in Indonesia and Poland. The results show that normatively both countries have recognized the importance of public participation, including vulnerable groups, as part of the principles of democracy and the rule of law. However, the implementation of meaningful participation still faces gaps between regulation and practice, particularly regarding access to information, substantive involvement, and the actual influence of vulnerable groups on the substance of legislation. Factors determining the effectiveness of meaningful participation include the strength of the legal basis, the political commitment of lawmakers, institutional capacity, the role of civil society, and transparency and accountability mechanisms. This research makes a scientific contribution by enriching comparative law-based inclusive legislative studies and offering policy recommendations for strengthening meaningful participation of vulnerable groups.

IMPLIKASI SISTEM PROPORSIONAL TERBUKA TERHADAP KUALITAS REPRESENTASI POLITIK DI DPRD INDONESIA Sandra Leoni Prakasa Yakub; Fadhila Fitriyadi; Faisal Fadilla Noorikhsan; Rengga Kusuma Putra
Jurnal Keadilan Pemilu Vol 6 No 2 (2025): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v6i2.608

This study aims to analyze the implications of the open proportional representation system on the quality of political representation in the Indonesian Regional People's Representative Council (DPRD), particularly in relation to the substantive performance of representatives, patterns of relations with constituents, and the dynamics of political nancing. The study uses a qualitative, normative-empirical approach, using analysis of election legislation and literature review of secondary data in the form of DPRD performance reports, publications from election monitoring institutions, and relevant academic literature. The results show that while the open proportional representation system procedurally expands voter choice and strengthens electoral legitimacy, substantively, this system encourages political personalization, intra-party competition, and representatives' orientation toward individual electoral interests. Political representation tends to shift from a substantive model to a narrow, transactional electoral model. Furthermore, this system has implications for increasing political costs, which are correlated with the practice of money politics and a tendency towards political corruption due to pressure to recoup campaign funds. Thus, the open proportional representation system does not automatically improve the quality of political representation in the DPRD but instead operates problematically in the context of weak party institutions and political nancing regulations in Indonesia.

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