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Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

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Published by Gapenas Publisher

ISSN : 27979598 EISSN : 27770621 DOI : https://doi.org/10.53363/bureau

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. Bureaucracy, 5. Policy Studies, 6. Digital Government, 7. Village Government, 8. State and Business Relation, 9. Sociopreneur. LAW 1. Legal Sociology, 2. Legal History, 3. Criminal Law, 4. Civil Law, 5. Government Law, 6. Business Economic Law, 7. International Law, 8. Sharia Economic Law,

Arjuna Subject : Ilmu Sosial - Hukum

Articles 784 Documents

75 76 77 78 79

Perkembangan Konsep Negara Hukum dalam Perspektif Hukum Tata Negara Thaher, Irmanjaya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i2.881

The concept of the rule of law as the foundation of modern statecraft affirms the supremacy of law in governing national life. Encompassing both formal and substantive dimensions, the rule of law emphasizes the protection of human rights, limitations on government power, and guarantees of justice. This multidisciplinary study incorporates philosophical, sociological, political, and juridical perspectives that continue to evolve alongside global socio-political transformations.This research uses a Systematic Literature Review (SLR) to systematically, structured, and transparently identify, evaluate, and synthesize scholarly findings. This method examines scholarly articles on the evolution of the concept of the rule of law within the rechtsstaat and rule of law traditions and their implementation in the modern constitutional system, producing evidence-based conclusions while minimizing researcher bias.The research aims to analyze the development of the concept of the rule of law through an integration of theoretical and practical dimensions. It aims to identify structural challenges to implementation, explore the role of jurisprudence and judicial activism, evaluate legislative responsibility in producing just legal products, and deepen understanding of the philosophical foundations of the rule of law concept to address the complexities of contemporary legal realities.The findings indicate that the implementation of the rule of law in Indonesia faces legislative inconsistencies and political intervention that hinder effective law enforcement. Jurisprudence plays a crucial role in interpreting constitutional principles, but judicial activism requires balance to prevent judicial supremacy. Legislative power must produce laws that are formally valid and substantively just. The effectiveness of a state based on the rule of law requires reform of the legislative system, strengthening of public institutions, and developing a legal culture in society.The conclusion emphasizes the need for comprehensive reform of the legislative system, strengthening the capacity of public institutions, and developing a legal culture to address the gap between constitutional norms and the reality of implementation. A balance between judicial independence and accountability is necessary to prevent the overreach of judicial authority. The legislature is responsible for producing laws that protect citizens' rights in a contextualized manner. The concept of a state based on the rule of law requires in-depth philosophical understanding and ongoing theoretical reformulation to address the complexities of contemporary law.

Dinamika Kewenangan Lembaga Negara Pasca Amandemen UUD 1945 Thaher, Irmanjaya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 2 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i2.882

The Indonesian constitutional system underwent a fundamental transformation following the amendments to the 1945 Constitution, particularly in the distribution of authority within state institutions. Studying the dynamics of authority is crucial for understanding the checks and balances mechanism in democratic and constitutional governance.This research analyzes the institutional transformation of the People's Consultative Assembly (MPR), examines the patterns of relationships between state institutions, evaluates the role of the Constitutional Court as an interpreter of the constitution, and analyzes the redistribution of legislative authority through the strengthening of the House of Representatives (DPR) and the establishment of a bicameral system with the Regional Representatives Council (DPD) to foster a democratic legislative process.The research methodology employed a Systematic Literature Review (SLR) conducted in a systematic, planned, and transparent manner to identify, evaluate, and synthesize various relevant scholarly articles to obtain a comprehensive overview of the development of research concepts.The results show that the MPR has transformed from a supreme institution to an equal institution. Relations between state institutions are built on the pillars of constitutional supremacy and the separation of powers. The Constitutional Court serves as a guardian of the constitution, resolving disputes over authority. The establishment of a bicameral system strengthens the checks and balances mechanism in the national legislative process.The conclusion of the study confirms that the amendment to the 1945 Constitution has succeeded in creating a more democratic state architecture with the transformation of the authority of the MPR, strengthening of constitutional supremacy through the Constitutional Court, and redistribution of legislative authority which has resulted in a more accountable, participatory, and representative government system towards national and regional interests within the framework of a democratic state based on the rule of law.

PRINSIP CHECKS AND BALANCES DALAM SISTEM KETATANEGARAAN INDONESIA Thaher, Irmanjaya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 1 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i1.883

The principle of checks and balances is an essential foundation of modern constitutionalism, preventing the concentration of power and ensuring accountability, transparency, and fairness in democratic governance, rooted in Montesquieu's idea of ??the separation of powers.This study analyzes the principle of checks and balances in the Indonesian constitutional system through four dimensions: the theoretical-constitutional foundation following the amendments to the 1945 Constitution, the role of the judiciary as a counterweight, the effectiveness of constitutional accountability mechanisms, and the identification of structural weaknesses to formulate an institutional strengthening agenda.The research methodology employed a Systematic Literature Review (SLR), conducted systematically, structured, and transparently to identify, evaluate, and synthesize relevant scholarly articles to gain a comprehensive understanding while minimizing bias.The results show that the amendments to the 1945 Constitution have transformed the architecture of checks and balances from executive dominance to proportional inter-branch equality. The Constitutional Court plays a vital role as a constitutional watchdog, but faces tensions between accountability and judicial independence. The impeachment mechanism and the protection of independent institutions such as the Corruption Eradication Commission (KPK) are crucial instruments, although their implementation faces the threat of political intervention that undermines the effectiveness of oversight.The research's conclusions emphasize the need for Pancasila-based reconstruction to strengthen the philosophical foundation of the balance of power system. A comprehensive institutional strengthening agenda is needed, encompassing strengthening the authority of the Regional Representative Council (DPD), protecting independent institutions, regulating proportional judicial accountability, and internalizing Pancasila values ??to optimize the effectiveness of checks and balances in preventing abuse of power and realizing a democratic, just, and sustainable Indonesian state system.

HUBUNGAN ANTAR LEMBAGA NEGARA DALAM SISTEM KETATANEGARAAN INDONESIA Thaher, Irmanjaya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 1 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i1.884

The Indonesian constitutional system regulates the organization and distribution of state power through the trias politica principle, which divides power into executive, legislative, and judicial branches, with a checks and balances mechanism to prevent abuse of power and maintain constitutional democracy.This study analyzes the constitutional framework of the institutional hierarchy, identifies challenges to the implementation of checks and balances, including executive dominance and institutional politicization, evaluates the role of the Constitutional Court as the guardian of the constitution, examines the dynamics of central-regional relations, and formulates reform recommendations to strengthen the balance of power and democratic governance.The research methodology employed a Systematic Literature Review (SLR) conducted in a systematic and structured manner to identify, evaluate, and synthesize relevant scholarly articles to generate a comprehensive, evidence-based understanding of conceptual developments and empirical findings.The results show that the 1945 Constitution establishes a clear institutional hierarchy based on the trias politica. However, the implementation of checks and balances faces challenges such as executive dominance, weakening of the legislative-judicial system, and institutional politicization, which undermine the quality of governance. The Constitutional Court plays a strategic role in resolving conflicts of authority and strengthening constitutional supremacy through judicial review and authoritative constitutional interpretation.The conclusion emphasizes the need for systemic reform to strengthen checks and balances, increase the independence of state institutions, and create a balance between decentralized regional autonomy and unity of command in maintaining the integrity of the unitary state government. This research provides theoretical contributions to the development of constitutional law and practical contributions to the formulation of policies to strengthen Indonesia's accountable and democratic constitutional system.

KONSEP KEDAULATAN RAKYAT DALAM PRAKTIK KETATANEGARAAN MODERN Thaher, Irmanjaya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 1 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i1.885

The concept of popular sovereignty is a fundamental pillar of modern democratic governance systems, encompassing theoretical, normative, and empirical dimensions. This research examines the philosophical foundations, institutional mechanisms, and practices of public participation in the implementation of popular sovereignty.The research objective is to comprehensively analyze the concept of popular sovereignty through a synthesis of theoretical perspectives, exploring institutional mechanisms, analyzing the role of public participation, identifying implementation challenges, and formulating implications for strengthening popular sovereignty in modern governance.The research employed a Systematic Literature Review (SLR) method, conducted systematically, structured, and transparently to identify, evaluate, and synthesize relevant scholarly articles.The results show that popular sovereignty has a strong philosophical foundation derived from the classical thinking of Locke and Rousseau, which remains relevant in modern constitutionalism. Implementation through a representative system faces significant challenges in balancing democratic ideals with government effectiveness, requiring a strengthened legal framework and comprehensive institutional reforms to ensure government accountability and responsiveness.Meaningful public participation is a substantive manifestation of popular sovereignty that is essential in the policy cycle, but faces structural obstacles such as corruption and social injustice. There is an inherent tension between the aspirations of popular sovereignty and its practice that can trigger populist responses, so a balance is needed between democratic aspirations and the constitutional framework to prevent the tyranny of the majority and protect the rule of law.

PERLINDUNGAN HAK ASASI MANUSIA DALAM KONSTITUSI INDONESIA Thaher, Irmanjaya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 1 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i1.886

Human rights are a fundamental pillar of modern legal and constitutional architecture, guaranteeing the dignity, freedom, and equality of individuals. Indonesia, as a democratic state governed by the rule of law, has a constitutional obligation to protect human rights, as stated in the 1945 Constitution.This study analyzes the human rights protection system in the Indonesian constitution through four dimensions: the constitutional guarantees of the post-amendment 1945 Constitution, the institutional roles of the Constitutional Court and the National Commission on Human Rights (Komnas HAM), gaps between norms and implementation, and the protection of minority rights and the principle of non-discrimination.The research methodology employed a Systematic Literature Review (SLR), conducted systematically, transparently, and structured to identify, evaluate, and synthesize relevant scholarly articles to obtain a comprehensive, evidence-based understanding.The results show that the post-amendment 1945 Constitution provides comprehensive constitutional guarantees for human rights, but significant gaps remain in implementation. The Constitutional Court and Komnas HAM play strategic roles but face limited authority and political support. Implementation barriers are multidimensional, encompassing socio-political factors, weak legal mechanisms, and structural institutional weaknesses.The study concluded that human rights protection in Indonesia requires strengthening public legal literacy, consistent enforcement of constitutional norms, increased institutional capacity, and comprehensive reform. Protection of minority rights based on Article 28I Paragraph (4) of the 1945 Constitution is still not optimal due to weak law enforcement and discriminatory regional regulations, so that synchronization of national-regional regulations is an urgent agenda.

KEDUDUKAN DAN FUNGSI LEMBAGA PERWAKILAN RAKYAT DALAM SISTEM PRESIDENSIAL Thaher, Irmanjaya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 2 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i2.887

The people's representative institution is a key pillar of modern constitutional democracy, serving as the formal representation of the will of the people in the exercise of state power. In a presidential system, this institution holds a unique position as an equal partner to the executive, with democratic legitimacy derived from an independent electoral mandate.This study comprehensively analyzes the position and function of the House of Representatives (DPR) in Indonesia's presidential system through four dimensions: constitutional construction and inter-institutional relations, the effectiveness of the legislative function, the strength of the oversight function as a mechanism of checks and balances, and the identification of an institutional reform agenda to optimize the DPR's role sustainably.The research methodology employed a Systematic Literature Review (SLR) conducted systematically, structured, and transparently to identify, evaluate, and synthesize various relevant scholarly articles to generate a comprehensive, evidence-based understanding of conceptual developments and empirical findings.The results indicate that the DPR holds a strong constitutional position and is equal to the President, with a collaborative relationship based on the principle of proportional distribution of power. The legislative function, as the core of the DPR's constitutional role, still faces challenges in terms of productivity and quality of legislation, requiring institutional capacity strengthening. The oversight function, through the right of inquiry, is a vital mechanism for maintaining checks and balances, requiring consistent implementation to achieve true executive accountability.The study concludes that multidimensional institutional reform, encompassing structural, legal, and representative capacity aspects, is an urgent step to ensure representative institutions are able to carry out their constitutional functions optimally and sustainably. Strengthening checks and balances and improving the quality of legislation are fundamental prerequisites for optimizing the role of the DPR in Indonesia's democratic and just presidential system.

PERKEMBANGAN JUDICIAL REVIEW DALAM SISTEM KETATANEGARAAN INDONESIA Thaher, Irmanjaya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 4 No. 2 (2024): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v4i2.888

Judicial review is a fundamental instrument in modern constitutionalism, upholding the supremacy of the constitution and protecting the fundamental rights of citizens. This mechanism ensures the hierarchy of legal norms and reflects a commitment to the principle of the rule of law in the Indonesian constitutional system.This study analyzes the development of judicial review in Indonesia through four dimensions: the historical-theoretical foundations in a comparative context, the dualism of authority between the Constitutional Court and the Supreme Court, reforms to mechanisms oriented toward constitutional supremacy, and the dynamics of judicial activism and their implications for the balance of the Indonesian constitutional system.The research method used a systematic, transparent, and structured Systematic Literature Review (SLR) to identify, evaluate, and synthesize relevant scholarly articles to obtain a comprehensive overview of conceptual developments and empirical findings.The research discussion shows that Indonesian judicial review is influenced by global legal traditions such as Marbury v. Madison and the theory of Hans Kelsen. The dualism of authority between the Constitutional Court and the Supreme Court creates inconsistent decisions that undermine legal certainty. The judicial review mechanism faces structural, procedural, and institutional weaknesses that require comprehensive reform through streamlining procedures, strengthening transparency, and increasing public participation.The Constitutional Court has developed as a progressive constitutional actor through judicial activism that shapes the national legal landscape. Integration of the judicial review system, reform of mechanisms oriented toward constitutional supremacy, and strengthening independence by establishing clear limits on constitutional authority are urgent agendas to realize an effective and reliable judicial review system that guarantees legal certainty for all Indonesian citizens.

IMPLIKASI PEMISAHAN KEKUASAAN TERHADAP STABILITAS PEMERINTAHAN Thaher, Irmanjaya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 1 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i1.889

Separation of powers is a fundamental principle of modern constitutional government, preventing the concentration of power and ensuring accountable, transparent, and democratic governance through the division of legislative, executive, and judicial functions that ensure mutual oversight.This study analyzes the implications of separation of powers on government stability through four dimensions: theoretical and philosophical foundations, the effectiveness of checks and balances mechanisms, the phenomenon of executive aggrandizement, and contextual factors in implementation from an international comparative perspective.The research methodology utilizes a systematic, structured, and comprehensive Systematic Literature Review (SLR) to identify, evaluate, and synthesize relevant scientific findings in a transparent and replicable manner.The research discussion demonstrates that separation of powers has a strong theoretical and philosophical foundation as an instrument of democratic stability, checks and balances mechanisms effectively prevent abuse of power, executive aggrandizement threatens constitutional balance, and the effectiveness of implementation is strongly influenced by historical, structural, and cultural factors in each country, requiring a contextual approach.The study concludes that separation of powers is fundamental to the stability of democratic governance through preventing the concentration of power and ensuring institutional accountability, with checks and balances as a preventive instrument for abuse of power, but the phenomenon of executive dominance requires firm constitutional reform, and effective implementation requires contextual strategies according to the specific conditions of each country.

PERAN MAHKAMAH KONSTITUSI DALAM PENGUATAN DEMOKRASI KONSTITUSIONAL Thaher, Irmanjaya
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 1 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i1.890

The Constitutional Court is a strategic state institution that serves as the guardian of the supremacy of the constitution and the protector of citizens' constitutional rights. This institution reflects a commitment to the principle of constitutionalism in limiting state power through democratic institutional mechanisms.This study analyzes the Constitutional Court's role in strengthening Indonesia's constitutional democracy through four dimensions: its function as guardian of the supremacy of the constitution, its role in democratization and electoral disputes, threats to the institution's independence, and its institutional design based on international comparative standards to formulate recommendations for strategic strengthening.The research methodology employed a Systematic Literature Review (SLR) conducted systematically, transparently, and structured to identify, evaluate, and synthesize relevant scientific findings to gain a comprehensive understanding and formulate theoretical and practical implications.The results show that the Constitutional Court performs an irreplaceable function in maintaining the supremacy of the constitution, the balance of power, and the resolution of electoral disputes, strengthening the quality of democracy. However, there are serious threats in the form of political intervention and the paradox of judicial authoritarianism that erode the institution's independence and integrity, necessitating the strengthening of protection mechanisms and urgent institutional reform.The study concluded that the Constitutional Court's effectiveness as a guardian of the constitution is largely determined by the consistency of its enforcement of judicial review, integrity in resolving election disputes, protection of its independence from political interference, and appropriate institutional design. Improvements based on international comparative standards are a strategic step to optimize the Constitutional Court's contribution to realizing a stable and sustainable constitutional democracy in Indonesia.

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Contact Name Yudi Nur Supriadi

Contact Email admin@gapenas-publisher.org

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Journal Mail Official admin@gapenas-publisher.org

Editorial Address Gg. H.Ridan No.48 RT. 002/002 Kelurahan Poris Plawad Indah Kecamatan Cipondoh Tangerang

Location Kota tangerang, Banten INDONESIA

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Contact Name
Yudi Nur Supriadi

Contact Email
admin@gapenas-publisher.org

Phone
+6285885400000

Journal Mail Official
admin@gapenas-publisher.org

Editorial Address
Gg. H.Ridan No.48 RT. 002/002 Kelurahan Poris Plawad Indah Kecamatan Cipondoh Tangerang

Location
Kota tangerang,

Banten

INDONESIA