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All Journal Jurisprudentie AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW
Sholihin Bone
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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The Urgency of Strengthening DPD RI In Regional Lawmaking Amid Central-Regional Polarization In Asymmetric Decentralization Sholihin Bone; Rahayu; Ratna Herawati; Agnes Fitryantica; Juniardi Windraswara
Jurisprudentie: Jurusan Ilmu Hukum Fakultas Syariah dan Hukum Vol 12 No 2 (2025): Volume 12 Nomor 2 Desember 2025
Publisher : Jurusan Ilmu Hukum Fakultas Syariah dan Hukum uin alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/jurisprudentie.v12i2.64518

Abstract

The Regional Representative Council of the Republic of Indonesia (DPD RI) was constitutionally established as a representative body for the regions within the national political system. However, its role in the legislative process remains weak and limited. This limitation becomes increasingly problematic amidst the growing polarization between central and regional governments, as well as regulatory conflicts caused by imbalances in legislative authority over laws that directly impact the regions. Furthermore, the challenges of regional development in an era of asymmetric decentralization demand a stronger and more active role from the DPD RI to ensure that national policies align with local needs. This study aims to evaluate the legislative role of the DPD RI and to propose a model for strengthening its authority in a more effective and structural manner. The research employs a normative juridical method with a comparative approach, supported by theoretical frameworks and global practices in bicameral legislative systems. The key finding of this research is a conceptual proposal and normative design of a "regional legislative correction right" (hak koreksi legislasi daerah) for the DPD RI. This proposed mechanism would allow the DPD to actively assess and revise draft legislation that directly affects regional interests, offering a strategic alternative for reforming a more inclusive and equitable national legislative system.
The Legal Politics of Human Rights Defenders' Protection: Criticism of Criminalization Practices and the Path to Justice Sholihin Bone; Rahayu; Ratna Herawati
As-Siyasi: Journal of Constitutional Law Vol. 6 No. 1 (2026): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v61.29012

Abstract

The long struggle of human rights defenders in Indonesia continues to be met with serious challenges that remain unresolved. This study examines the political practice of law in protecting human rights defenders by analyzing existing legal frameworks and their implementation. Normatively, Law No. 39 of 1999 on Human Rights provides guarantees through several provisions, including Articles 3(2), 4, 8, 29(1), 30, 71, and 72. However, these legal protections have not been effectively implemented in practice. Empirical findings reveal that human rights defenders continue to experience various forms of violations, such as intimidation, physical and psychological attacks, criminalization, and judicial harassment. These actions often occur when defenders advocate for justice, environmental protection, and the preservation of livelihoods. Although regulatory frameworks formally recognize protection, they remain insufficient without more specific and comprehensive legal instruments, such as a dedicated law on human rights defenders. This research employs a normative legal method, utilizing legislative, conceptual, and case approaches to identify the gap between legal ideals and empirical realities. The findings indicate that weak protection mechanisms are largely due to the state's limited role in strengthening legal institutions that favor human rights defenders. The absence of a specific legal framework, combined with a repressive legal culture, exacerbates defenders' vulnerability in Indonesia. The primary purpose of this study is to emphasize the need for legal-political reconstruction oriented toward substantive justice through stricter regulation and the internalization of human rights values in law enforcement practice
Co-Authors Agnes Fitryantica Juniardi Windraswara Rahayu Ratna Herawati