Law and Democracy Insight
Vol. 1 No. 1 (2023): June 2023

Strengthening Democracy through Constitutional Oversight and Electoral Regulation

Nor Hasanah (Sekolah Tinggi Ilmu Syariah As-Salafiyah, Pamekasan)
Nur Fadilah (Sekolah Tinggi Ilmu Syariah As-Salafiyah, Pamekasan)



Article Info

Publish Date
30 Jun 2023

Abstract

This study aims to analyze the effectiveness of regulations in supporting democracy and protecting citizens’ constitutional rights through Law Number 7 of 2017 concerning General Elections and Law Number 24 of 2003 concerning the Constitutional Court as lastly amended by Law Number 7 of 2020. The research employs a normative legal method with a comparative approach to examine the relationship between electoral regulation and constitutional oversight within a democratic system. The findings indicate that regulatory effectiveness is not merely determined by the existence of formal legal norms, but also by the consistency of law enforcement, the quality of constitutional supervision, and the protection of citizens’ political rights. The Constitutional Court plays a significant role as the guardian of the constitution through the judicial review mechanism to ensure that regulations remain consistent with democratic rule of law principles. Furthermore, strengthening regulations and optimizing the function of the Constitutional Court are essential to creating a responsive, inclusive, and constitutionally just democratic system. Therefore, harmonization between electoral regulations and constitutional oversight is necessary to support a more effective and sustainable democratic development.

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Journal Info

Abbrev

ldi

Publisher

Subject

Description

Law and Democracy Insight (e-ISSN: 3031-4615) is a journal that delves into legal dimensions within the context of democratic governance. Published by Integra Academic Press, the journal aims to provide in-depth insights into the interaction between legal systems and democratic values. Its scope ...