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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

Abstract

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.
Rekonstruksi Pengelolaan Sumber Daya Pesisir dan Laut Berdasarkan Tujuh Pilar: Upaya Mengatasi Kompleksitas Hukum dan Kewenangan di Era Desentralisasi Tripanji Aryawardhana; Lazarus Tri Setyawanta; Lita Tyesta Addy Listya Wardhani
Nakhoda: Jurnal Ilmu Pemerintahan Vol 24 No 2 (2025)
Publisher : Laboratorium Jurusan Ilmu Pemerintahan FISIP Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35967/njip.v24i2.912

Abstract

The complexity of coastal and marine resource management in Indonesia is often caused by overlapping authorities between institutions and sectoral regulatory disharmony. This phenomenon has resulted in legal uncertainty, marginalization of coastal communities, and marine environmental damage. The research aims to reconstruct a governance model that promotes legal certainty, justice, and sustainability. Using a normative legal research method supported by statutory, conceptual, case, and historical approaches, this article analyzes the distribution of authority and its implications for coastal governance in the post-decentralization era. The findings reveal that the withdrawal of maritime authority from districts to provinces has created administrative gaps, weakened local participation, and increased legal uncertainty. This article offers a reconstructive approach based on seven pillars that integrate the principles of the rule of law, balance between central and regional relations, revitalization of assistance tasks, internalization of Pancasila values of justice, strengthening of local institutions, utilization of Geographic Information System (GIS) technology, and mainstreaming of ecological awareness and legal spirituality. Using a normative legal approach, this article argues that the seven pillars constitute a conceptual and operational framework for restructuring a coastal resource management system that is equitable, effective, and sustainable.
A Participatory Governance Model for Community Based Waste Management to Enhance Legal Compliance and Public Social Welfare Rengga Kusuma Putra; Lita Tyesta Addy Listya Wardhani; Edvardas Juchnevicius
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.v2i4.276

Abstract

This research explores the development of a participatory governance model for community based waste management systems, aiming to enhance both legal compliance and public social welfare outcomes. Community based waste management (CBWM) plays a critical role in addressing environmental and health challenges, yet its success is often hindered by weak governance structures, limited community involvement, and insufficient regulatory frameworks. The study introduces a governance model that integrates local community participation into decision making processes, encouraging ownership and responsibility among residents. The primary goal is to improve compliance with environmental regulations while promoting social welfare by fostering better public health and community cohesion. A review of literature highlights key theories of participatory governance, focusing on its ability to enhance legal adherence and increase social equity. Previous studies on CBWM demonstrate the potential of community involvement in overcoming barriers to legal compliance, such as weak enforcement and fragmented governance. However, challenges like inadequate infrastructure, socio economic factors, and cultural habits still impede full participation and compliance. The study utilizes a mixed methods approach, including stakeholder analysis, participatory workshops, and regulatory compliance assessments, to evaluate the effectiveness of the model. The results show that communities involved in participatory governance exhibit higher compliance with waste management laws, improved sanitation, and healthier living conditions. Furthermore, the model fosters social capital and community empowerment, contributing to long term sustainability. In comparison to centralized waste management systems, the participatory approach is found to be more adaptable, accountable, and socially accepted. While the model presents several benefits, challenges such as infrastructure limitations and cultural barriers remain. Future research should further investigate how to address these challenges, particularly through technological integration and cross sector collaborations, to ensure the scalability and sustainability of the participatory governance model.
CONSTITUTIONAL REVIEW OF THE RIGHT TO EDUCATION: AN ANALYSIS OF CONSTITUTIONAL COURT DECISION NO. 3/PUU-XXII/2024: TINJAUAN KONSTITUSIONAL TENTANG HAK ATAS PENDIDIKAN: ANALISIS KEPUTUSAN MAHKAMAH KONSTITUSIONAL NOMOR 3/PUU-XXII/2024 Rengga Kusuma Putra; Retno Saraswati; Bagus Hermanto; Lita Tyesta Addy Listya Wardhani; Satriya Nugraha
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.136

Abstract

Decision No. 3/PUU-XXII/2024 of the Constitutional Court of the Republic of Indonesia represents a significant development in the trajectory of Indonesian legal politics, particularly in relation to right to education as the constitutional protection enshrined in the 1945 Constitution. Although the ruling carries substantial implications for the interpretation of state obligations in the education sector, scholarly discussion has largely focused on the doctrinal aspects of constitutional adjudication, leaving limited attention to the broader fiscal and political implications of the decision within Indonesia’s governance framework. This study therefore seeks to examine the constitutional meaning and policy consequences of the ruling through a descriptive qualitative approach, with particular attention to the normative structure of the Court’s reasoning and the social justice values underlying its interpretation. The analysis focuses on how the Constitutional Court articulates the relationship between constitutional mandates, state responsibility, and the protection of individual educational rights within the broader framework of Indonesia’s welfare-oriented constitutionalism. The findings indicate that Decision No. 3/PUU-XXII/2024 strengthens the constitutional status of education as a positive right that requires active state intervention. At the same time, the ruling clarifies the scope of governmental obligations in ensuring equitable access to education while implicitly raising questions regarding fiscal allocation, institutional capacity, and policy prioritisation in the implementation of constitutional guarantees. By situating the decision within the broader discourse on the political theory of education law and the adjudication of socio-economic rights, this article contributes to the development of a normative framework that understands education not purely as a matter of public policy but as a constitutionally mandated instrument for achieving social justice. Ultimately, the study argues that the decision reflects a more responsive orientation in Indonesian legal politics, one that seeks to align constitutional interpretation with the pursuit of substantive equality in the national education system.