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Dynamics of Politics and Democracy
Published by Goodwood Publishing
ISSN : -     EISSN : 28072200     DOI : https://doi.org/10.35912/dpd
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
Dynamics of Politics and Democracy adalah jurnal internasional, peer-review, dan akademik yang mendorong penelitian interdisipliner berkualitas tinggi dalam berbagai bidang ilmu politik dan demokrasi. Jurnal ini menyambut naskah penelitian yang dikembangkan secara ilmiah dan bertujuan untuk membahas isu-isu penting terkait politik dan demokrasi. Ruang lingkup jurnal mencakup, namun tidak terbatas pada, bidang-bidang seperti pemerintahan, kebijakan publik, gender dan politik, pemilu, partai politik, hubungan internasional, pemikiran politik, dan kebebasan berpendapat.
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 88 Documents
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Ethical violation by the Chairman of the Constitutional Court against Indonesian law and democracy Resopijani, A.; Neonbeni, Yohanes Baptista
Dynamics of Politics and Democracy Vol. 2 No. 2 (2023): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v2i2.3280

Abstract

Purpose: This study analyzes the decision of the Honorary Council of the Constitutional Court Number 02/MKMK/L/11/2023 regarding ethical violations by the Chairman of the Constitutional Court. The Constitutional Court's ruling on the age limit for presidential and vice-presidential candidates sparked public debate and raised concerns about democratic principles in Indonesia. Method: This research uses normative legal methods focusing on coherence among legal principles, concepts, and applicable rules. Results: The findings show that Anwar Usman was proven to have seriously violated the code of ethics and behavior of constitutional judges. In a state governed by law, rulers and citizens are equal before the law. Judges must not abuse their authority for personal or group interests. The MKMK decision seeks to uphold judicial ethics and restore public trust in the Constitutional Court. Conclusion: The findings confirm that violations of judicial ethics at the highest level of the Constitutional Court undermine the principles of impartiality and democracy. The MKMK's decision provides a legal and moral corrective that reaffirms the importance of integrity and judicial independence, with the aim of restoring institutional legitimacy ahead of the 2024 general elections. Limitations: This research is limited to analyzing MKMK Decision Number 02/MKMK/L/11/2023 and the applicable judicial code of ethics. Contributions: The study contributes to strengthening judicial accountability, offers insights for legal scholars, and supports public confidence in constitutional justice.
Violation of human rights and The Jurisdiction of The International Criminal Court Likadja, Jeffry Alexander Ch; Saudila, Novilinda Dwiputri Irtanti
Dynamics of Politics and Democracy Vol. 2 No. 2 (2023): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v2i2.3281

Abstract

Purpose: Territorial disputes remain a crucial issue within the doctrine of national sovereignty, despite international law promoting borderless cooperation. In reality, such conflicts, like the one between Palestine and Israel, continue and result in significant casualties and humanitarian crises. This study aims to analyze humanitarian crimes in the Palestine-Israel conflict zone and assess the jurisdiction of the International Criminal Court (ICC) in addressing them. Methodology: The research uses a normative legal approach based on international regulations and case studies. It relies on secondary legal sources through library research and qualitative descriptive analysis. Results: The findings indicate severe human rights violations, particularly against civilians, including women and children, and damage to non-military facilities. These acts reflect violations of humanitarian law and fall under the ICC’s jurisdiction, which includes genocide, crimes against humanity, war crimes, and aggression. Conclusion: The ICC, although limited in its reach over non-party states, remains a crucial body for pursuing justice and accountability in international humanitarian crises when national systems fail to act. Limitations: The study is confined to the humanitarian aspects of the Israel-Palestine conflict without addressing territorial status or sovereignty issues. It also affirms the ICC’s jurisdiction and the UN Security Council’s obligation to act under the principle of Obligation Erga Omnes. Contribution: This research reinforces the role and limitations of the ICC in addressing gross human rights violations and underscores the need to strengthen global legal frameworks to ensure accountability beyond state sovereignty.
Measuring the influence of dynastic politics in the MK Decision Number 90/PPU-XXI/2023 on democracy Ermalinda, Jenny; Benu, Erlin Martina
Dynamics of Politics and Democracy Vol. 3 No. 2 (2024): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v3i2.3282

Abstract

Purpose: This study aims to analyze the impact of Constitutional Court Decision Number 90/PUU-XXI/2023 on the development of dynastic politics and its implications for democracy in Indonesia ahead of the 2024 General Election. Method: This research employs a qualitative descriptive method supported by normative legal analysis, drawing from constitutional provisions, court decisions, literature reviews, and survey data. This approach allows for a comprehensive examination of the intersection of law, politics, and democratic values. Results: The findings reveal that the Constitutional Court’s decision—permitting presidential or vice-presidential candidacy for individuals under 40 years of age if they have held an elected regional office—has intensified concerns regarding political dynasties. The public perceives this decision as favoring elite family interests, particularly the nomination of President Joko Widodo’s son, Kaesang Pangarep. This event reflects democratic backsliding and threatens the principle of equality before the law, creating imbalances in political competition and weakening public trust in the integrity of elections. Conclusion: Dynastic politics, legitimized through judicial decisions with potential conflicts of interest, pose a serious threat to Indonesia’s democracy. Although not illegal, dynastic politics undermines democratic norms, transparency, and equal opportunities in political participation. Limitations: This study is limited by its reliance on secondary data and the recent timeframe surrounding the 2024 election, which may restrict generalizability. Contributions: This study contributes to the discourse on democracy and legal politics by highlighting the urgent need for institutional reform, political party responsibility, and judicial impartiality to safeguard Indonesia’s democratic future.
Recht finding of the Constitutional Court In the perspective of the rule of law and democracy (Study of the Decision of the Constitutional Court of the Republic of Indonesia, Number: 90/PUU-XXI/2023) Dollu, Daud Yaferson; Karbeka, Yosua Pepris
Dynamics of Politics and Democracy Vol. 4 No. 2 (2025): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i2.3346

Abstract

Purpose: As a state of law, the demand to produce quality laws in Indonesia is very necessary and must not contradict the 1945 Constitution. All regulations formed must be subject to the Constitution. However, the formation of laws and regulations under it often contradicts the constitution and is challenged in the Constitutional Court. One example is a lawsuit against Law Number 7 of 2017 concerning General Elections, Article 169 letter q, which later issued decision Number 90/PUU-XXI/2023. This paper aims to describe the act of legal discovery through Constitutional Court rulings as a pillar of the state of law and democracy. Research methodology: This research uses normative legal research, which is doctrinal or theoretical legal research, applying statutory, case, historical, and conceptual approaches. Results: The findings concluded that the Constitutional Court was right in its decision to amend Article 169 letter q of Law Number 7 of 2017 concerning General Elections, in order to uphold the concept of the rule of law and democracy in Indonesia. Conclusion: The ruling of the Constitutional Court demonstrates its role as the guardian of the Constitution, ensuring that laws align with constitutional principles and reinforcing democratic values. Limitations: The limitation of this research lies only on the aspect of legal discovery authority by the Constitutional Court. Contribution: This study contributes to strengthening the authority of the Constitutional Court in the future in line with the development of the times.
Problem from MK powerful Number 90/PUU- XII/2023 related to article 169 letter Q Number 7 Year 2017 about general election (Election Law) Dollu, Daud Yaferson; Fatima, Rahman N.
Dynamics of Politics and Democracy Vol. 4 No. 2 (2025): February
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v4i2.3347

Abstract

Purpose: This study aims to examine the constitutional role and dynamics of the Indonesian Constitutional Court (MK) in moderating election regulations, ensuring democratic inclusivity, and maintaining public trust. The research focuses on how the MK contributes to upholding constitutional justice, political equality, and fair representation in Indonesia’s electoral system. Research Methodology: The study applies a normative juridical approach supported by doctrinal legal research. Primary data are derived from constitutional provisions, statutory regulations, and Constitutional Court decisions, while secondary data come from academic journals, books, and previous research. A comparative analysis is also used to evaluate Indonesia’s MK alongside similar institutions in other Asian countries. Results: Findings indicate that the Constitutional Court of Indonesia plays a pivotal role in moderating electoral regulations, such as easing strict nomination thresholds and resolving election disputes. These interventions enhance inclusivity and responsiveness in the electoral process, ultimately strengthening public trust in democracy. The analysis also highlights that the MK’s involvement is more significant compared to similar courts in other Asian democracies. Conclusions: The Constitutional Court is central to safeguarding democratic values, ensuring fairness in electoral processes, and upholding constitutional justice. Its active role underscores the importance of constitutional oversight in maintaining legitimacy and stability within Indonesia’s democratic system. Limitations: The study is limited to legal and doctrinal perspectives without empirical fieldwork, which may restrict the analysis of societal perceptions of the MK’s role.. Contribution: This research contributes to constitutional law studies by providing insights into the MK’s function in electoral democracy and offering recommendations for strengthening constitutional justice in emerging democracies.
Juridical analysis of the effectiveness of the investigation of Sailing Approval (SPB) violations at the Ditpolairud Riau Islands Police Sembiring, Ibrahim; Fadlan, Fadlan; Fadhil, Sayid; Respationo, Soerya; Nurkhotijah, Siti
Dynamics of Politics and Democracy Vol. 5 No. 1 (2025): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v5i1.3393

Abstract

Purpose: This study analyzes the effectiveness of investigations into Sailing Approval (SPB) violations conducted by the Ditpolairud Riau Islands Police. It seeks to evaluate how well current law enforcement mechanisms ensure maritime safety and legal compliance under the Navigation Law. Research methodology: The research employs a normative and empirical juridical approach. Data were collected from legislation, literature reviews, and in-depth interviews with investigators, Syahbandar officials, and maritime business operators. The findings were validated through triangulation and analyzed descriptively using John Rawls’ Theory of Justice, Friedman’s Legal System Theory, and Sudikno Mertokusumo’s Legal Certainty Theory. Results: Investigations into SPB violations have been carried out in accordance with legal procedures, including coordination between Ditpolairud, Syahbandar, PPNS, and prosecutors. While enforcement actions have increased compliance, several challenges remain, such as limited resources, overlapping authority, legal gaps, maladministration, and low awareness among shipowners and fishermen. Digitalization of SPB documents and improved transparency in service fees were identified as key solutions. Conclusions: The investigations are generally effective but still constrained by structural, substantial, and cultural barriers. Effective enforcement requires harmonized regulations, institutional synergy, technological integration, and public legal awareness to ensure maritime safety and compliance. Limitations: This study is limited to the jurisdiction of the Riau Islands and relies on qualitative field interviews, without quantitative assessment of enforcement outcomes. Contribution: The study contributes to maritime law by emphasizing justice, legal certainty, and system effectiveness in SPB investigations, while offering recommendations to improve institutional capacity, transparency, and regulatory alignment.
Juridical analysis of law enforcement on illegal cigarettes in Batam and its impact on state excise revenue Yadi, Muhammad; Fadlan, Fadlan; Parameshwara, Parameshwara; Respationo, Soerya; Nurkhotijah, Siti
Dynamics of Politics and Democracy Vol. 5 No. 1 (2025): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v5i1.3394

Abstract

Purpose: Analyze law enforcement against illicit cigarettes with counterfeit excise bands in Batam and its impact on excise revenue, framed by Radbruch’s legal certainty, Friedman’s legal system, and Becker’s economics of crime. Research methodology: A normative–empirical legal approach: review of excise laws and implementing regulations; a case study of KPU BC Batam operations (sea/land patrols, risk-based intelligence); semi-structured interviews with officers; and qualitative analysis of enforcement documents. Results: Enforcement produced sizable seizures and a clear typology of illicit excisable goods (without bands/counterfeit), yet constraints persist: limited personnel and assets, a vast surveillance area, and increasingly sophisticated modus operandi. Regulatory gaps channel many cases into administrative settlement (state-asset confiscation) with weak deterrence; inter-agency coordination remains uneven; and permissive social norms toward cheaper prices endure. The main impacts are excise revenue leakage, unfair competition for compliant firms, and erosion of tobacco-control objectives. Conclusions: Legal certainty is not yet achieved due to sanction disparities and inconsistent enforcement; economically, offenders’ expected gains exceed expected penalties. Stronger, predictable, and deterrence-oriented enforcement is required. Limitations: Evidence is confined to Batam and specific periods; there is no econometric estimate of revenue loss; findings rely on interviews and secondary documents. Contribution: Integrates legal theory and policy analysis by proposing tighter norms and recalibrated criminal–administrative sanctions, clarified procedures, deeper inter-agency integration, deployment of digital track-and-trace for excise bands, and public education to curb demand, restore the revenue base, and protect fair competition.
Legal analysis of civil law settlement in the perspective of criminal legal settlement (Case study of Military Court Decision I-05 Pontianak Number: 46K/PM.I-05/AD/IX/2021) Jaya, Indra; Sagala, Parluhutan; Ridho, M. Ali
Dynamics of Politics and Democracy Vol. 5 No. 1 (2025): August
Publisher : Goodwood Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35912/dpd.v5i1.3503

Abstract

Purpose: This study aims to analyze the interaction between civil law settlements and criminal law settlements in the Indonesian military justice system, focusing on the implications of Military Court Decision I-05 Pontianak Number 46K/PM. I-05/AD/IX/2021. This study explores the complexity of overlapping jurisdictions and their effects on the rights and obligations of the parties involved. Research Methodology: The research method used is a conceptual approach with a normative analysis of laws and regulations, relevant legal practices, and library research. The conceptual approach is intended to analyze legal materials so that the meaning contained in legal terms can be understood. Results: The findings show that criminal proceedings significantly influence civil dispute resolution, particularly in determining liability and shaping civil court decisions. Conversely, the outcomes of civil cases may also affect criminal proceedings when overlapping elements exist. This case study demonstrates how fraud rooted in debt relations blurs the boundaries between civil and criminal domains, creating legal uncertainty. Conclusions: There is a strong need for harmonization and coordination between civil and criminal legal systems to prevent overlapping jurisdictions and ensure fairness. Integrating compensation claims into criminal trials can provide more efficient and comprehensive justice. Limitations: This study is limited to a single military court decision, which may restrict generalization to other jurisdictions and legal contexts. Contribution: This research contributes to legal scholarship by clarifying the interaction between civil and criminal dispute resolution and offers practical recommendations for policymakers, military judges, and practitioners to strengthen legal certainty and justice in Indonesia’s dual legal system.

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