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Indonesian State Law Review (ISLRev)
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 26548763     DOI : https://doi.org/10.15294/islrev
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Indonesian State Law Review (ISLRev) (Online ISSN: 2654-8763 and Print ISSN: 2654-3125) is a peer-reviewed journal for discourse on Indonesian administrative and constitutional law published biannually (April & October) since 2018 by the Universitas Negeri Semarang (UNNES), Indonesia and managed by Department of Administrative and Constitutional Law, Faculty of Law Universitas Negeri Semarang
Arjuna Subject : Ilmu Pengambilan Keputusan (semua kategori) - Ilmu Pengambilan Keputusan (Lain-Lain)
Articles 87 Documents
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Can Crowdsourcing Revolutionize Constitutional Amendments in Indonesia? A Comparative Study of International Experiences Nggilu, Novendri; Ramdhan Kasim; Evi Noviawati; Andi Inar Sahabat; Tampubolon, Muhammad Hatta Roma
Indonesian State Law Review Vol. 8 No. 1 (2025): Indonesian State Law Review, April 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i1.20618

Abstract

In the context of improving political systems and democracy, public participation in constitutional amendments has become increasingly important, but is often limited by existing mechanisms. In response to these limitations, Iceland and Estonia have implemented crowdsourcing models to engage the public in their constitutional amendment processes. This research aims to analyze the successes, challenges and potential of crowdsourcing in constitutional amendment, with a comparison between Iceland and Estonia, and its relevance for Indonesia. The findings show that while crowdsourcing has been successful in increasing public participation and transparency, significant challenges related to inequality in access to technology and the quality of public input remain. The novelty of this research lies in identifying the factors that influence the effectiveness of crowdsourcing in constitutional reform, as well as proposing an adaptation model for Indonesia that takes into account its social diversity and existing digital infrastructure. The research suggests that for the successful implementation of crowdsourcing in Indonesia's constitutional amendment, efforts are needed to create a more inclusive system and address existing digital inequalities.
Unclear Public Policy: The Real Barrier in Recognizing Foreign Arbitration Awards? Sugianto, Fajar; Athina Indradewi, Astrid; Antonius Sanjaya, Robin; Yamamoto, Atsuko
Indonesian State Law Review Vol. 8 No. 1 (2025): Indonesian State Law Review, April 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i1.21448

Abstract

In Indonesia, a foreign arbitral award refers to a decision issued by an arbitration institution or arbitrator outside the country or recognized as such under Indonesian law. This classification reflects Indonesia’s adherence to the principle of territoriality in distinguishing arbitration awards as "international." However, enforcement remains contentious due to courts' broad interpretation of public policy under Article 66(c) of Law No. 30 of 1999. Despite Constitutional Court Decision No. 100/PUU-XXII/2024, the lack of a clear definition of public policy persists, leaving courts to determine its scope on a case-by-case basis. Until further regulations provide clarity, Article 66(c) will remain ambiguous and continue to be a basis for challenging foreign awards. A comparison with Singapore highlights two key findings. First, Indonesia applies a broad and inconsistent interpretation of public policy, while Singapore’s approach is narrower and more predictable. Second, Indonesian courts lack uniformity, as shown in three patterns: (1) awards are rejected for allegedly breaching sovereignty by restricting access to local courts; (2) awards are annulled for contravening Indonesian laws; and (3) awards are refused for endangering national interests. Rather than redefining international arbitration awards, Indonesia needs clearer guidelines and consistent application of public policy to enhance investor confidence and its global arbitration competitiveness.
Law in Action During Disaster Recovery in Lampung Coastal Village Rudy, Rudy; Helvi Yanfika; Dorothy Rouly H. Pandjaitan; Martina Anggi Silova; Chaidir Ali
Indonesian State Law Review Vol. 8 No. 2 (2025): Indonesian State Law Review, October 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i2.20873

Abstract

Post-disaster recovery serves as a crucial step within the broader framework of disaster management, acting to restore affected communities and environments to a state of resilience. However, the effectiveness of these recovery efforts is significantly undermined when they are not implemented in an integrative manner. This lack of cohesion can render the entire disaster management approach less impactful. This situation exemplifies the persistent challenges faced by disaster management models in Indonesia, particularly in the aftermath of significant events such as the 2018 tsunami that devastated the coastal regions of Lampung. This study employs socio-empirical research methods to analyze the post-disaster recovery model enacted by the National Disaster Management Agency (NDMA) across three coastal villages in Lampung. Through a comprehensive examination of the implemented strategies and their outcomes, the research team has identified critical shortcomings: specifically, the failure to adopt an integrative approach has led to inefficiencies and a lack of sustainability in the recovery efforts. As a response to these findings, this paper aims to establish a analytic of how law interact with the reality of disaster recovery through case studies on Tsunami Disaster Recovery by Government.
Legal Frameworks, Transparency, and Oversight: Ensuring Public Confidence in Online Donation Platforms Noor, Afif; Afif, Aqila-Syarief Muhammad; Azmi, Muhammad Fazli; Dwi Wulandari
Indonesian State Law Review Vol. 8 No. 2 (2025): Indonesian State Law Review, October 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i2.25429

Abstract

The proliferation of digital technology has markedly accelerated the expansion of online donation platforms in Indonesia. Concurrently, with the rise in public engagement in online philanthropic endeavours, several challenges have surfaced, including the potential for fund misuse, lack of transparency, and inadequate oversight mechanisms. This study examines how legal frameworks, transparency, and oversight can collaboratively safeguard and enhance public trust in online donation systems. The methodology employed is a qualitative study with a normative approach involving the analysis of existing regulations, literature reviews, and case studies related to digital donation mismanagement. The findings reveal the lack of comprehensive legal regulations governing online donations, accountability mechanisms among platform providers, and limited public access to financial information. The study further underscores the importance of implementing principles of good governance, utilizing transparency-enhancing technologies such as blockchain, and strengthening independent reporting and auditing systems to prevent fund misappropriation. In conclusion, public trust in online donation systems can only be cultivated through reinforced legal frameworks, increased operational transparency, and oversight involving multiple stakeholders. The study recommends formulating national regulations addressing digital donations, active involvement of independent supervisory institutions, and continuous public education to ensure that the public is informed and aware, thereby establishing a secure, accountable, and sustainable online donation ecosystem.
Implementation of Restorative Justice in the Criminal Justice System: A Comparative Study between Indonesia and India Hamzani, Achmad Irwan; Loso, Loso; Bhanu Prakash Nunna
Indonesian State Law Review Vol. 8 No. 2 (2025): Indonesian State Law Review, October 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i2.28426

Abstract

Restorative Justice has emerged as a progressive response to the limitations of the retributive approach within criminal justice systems. Both Indonesia and India demonstrate a growing inclination toward adopting Restorative Justice as a more humanistic mechanism for social restoration. This study aims to analyze and compare the policies and implementation of Restorative Justice in Indonesia and India, while highlighting the challenges and opportunities for its development. The research employs a normative legal method with a comparative and qualitative approach, using secondary data in the form of legal documents and scholarly articles, analyzed through online content analysis techniques. The findings indicate that both countries share fundamental principles of Restorative Justice, such as victim participation, mediation, and the restoration of social relationships. However, there are significant differences in legal frameworks, procedural flexibility, and institutional support: Indonesia demonstrates greater adaptability to local and community values, whereas India remains largely confined to the juvenile justice system and reliant on judicial discretion. This study offers a novelty in the form of a comprehensive mapping of the normative and structural dynamics of Restorative Justice within the South and Southeast Asian contexts, which have been underexplored in comparative legal research. The implications underscore the need for strengthening national regulations and institutional synergy as critical prerequisites for the sustainable implementation of Restorative Justice. The study also recommends the development of a flexible, community-based institutional model to advance criminal justice systems toward more inclusive, transformative, and participatory justice.
Constitutionalism as A Design For Limiting Power in The Era of Post-Truth Democracy Martitah, Martitah; Hidayat, Arif; Gusthomi, Moh. Imam; Septiani, Niken; Putra, Tegar Islami; Yusoff, Rahmawati Mohd
Indonesian State Law Review Vol. 8 No. 2 (2025): Indonesian State Law Review, October 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i2.30529

Abstract

The principle of constitutionalism is the main pillar in maintaining the balance of power and upholding the rule of law in a democratic system of government. In the Indonesian context, the dynamics of state administration show that this principle is increasingly relevant, especially amid the trend of widening executive and legislative powers and the challenges of the post-truth era of democracy. This research uses a descriptive qualitative method with a literature study approach, reviewing various literature and research results from 2020 to 2025 to understand the urgency, implementation, and challenges of constitutionalism in limiting power in Indonesia. The discussion begins with an elaboration on the nature of constitutionalism and its function in democracy, followed by an analysis of the mechanism for limiting power as a manifestation of constitutional principles, as well as the issue of term extension as an early symptom of the erosion of these principles. Furthermore, new challenges in the digital era involving the influence of technology and oligarchy in shifting the meaning of constitutionalism to mere formality are examined. The findings show that the weakening of the principle of constitutionalism does not only occur through normative violations, but also through political engineering of power hidden in the practice of procedural democracy. Thus, strengthening constitutionalism through legal reform, strict institutional control, and public political literacy is an urgent agenda in maintaining the integrity of a healthy and equitable democratic system.
Student Participation in Monitoring Local Government Policies Wedhatami, Bayangsari; Windiahsari
Indonesian State Law Review Vol. 8 No. 2 (2025): Indonesian State Law Review, October 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v8i2.31037

Abstract

This study aims to identify the level of student participation in monitoring local government policies, the forms of involvement carried out, and the factors that encourage and inhibit such participation. The approach used is quantitative descriptive, with data collection techniques through the distribution of closed questionnaires to 184 law faculty students of Semarang State University (UNNES). Data analysis was carried out using descriptive statistics and correlation and regression tests to see the relationship between variables. The results of the study showed that real student participation is still relatively low. As many as 71.7% of respondents have never been directly or indirectly involved in monitoring policies. Only a small portion participated through direct communication (16.8%) or social media/email (11.4%). In addition, only 46.7% followed the official local government account, indicating a lack of exposure to information. This conclusion indicates a misunderstanding between political awareness and student participatory actions. The theoretical implications of this study reinforce the importance of political efficacy factors, access to information, and trust in institutions in increasing the participation of young citizens. Practically, local governments and higher education institutions need to collaborate in building public literacy policies among students.

Page 9 of 9 | Total Record : 87

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