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Journal Sovereignty Law and Diplomatic Politics
Published by CV Era Digital Nusantara
ISSN : -     EISSN : 30891604     DOI : https://doi.org/10.59066/plsdp
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Welcome to the official website of Journal Sovereignty Law and Diplomatic Politics. With the spirit of further proliferation of knowledge on the legal system in Indonesia to the wider communities, this website provides journal articles for free download. Our academic journal is a source of reference both from law academics and legal practitioner. Journal Sovereignty Law and Diplomatic Politics. is a double-blind review academic journal for Legal Studies published by CV. Era Digital Nusantara. Journal Sovereignty Law and Diplomatic Politics contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, Comparative Law, etc.). In addition, Journal Evidence Of Law. also covers multiple studies on law in a broader sense. This journal is periodically published (in April, August, and December), and the approved and ready-to-publish manuscripts will also be regularly published in the website (with early view) and the hardcopy version will be circulated at the end of every period. Journal Sovereignty Law and Diplomatic Politics is affiliated with the LPPJPHKI Universitas Dehasen Bengkulu.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 34 Documents
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Limits on Constitutional Court Judicial Activism as A Negative Legislator: Analysis of Decision Number 135/PUU-XXII/2024 Nata Senora; Sultoni Fikri; Md. Abdul Mannan Bhuyean
Journal Sovereignty Law And Diplomatic Politics Vol. 2 No. 3 (2026): Journal Sovereignty Law and Diplomatic Politics
Publisher : CV Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jlsdp.v2i3.2789

Abstract

This study aims to analyze the limits of judicial activism exercised by the Constitutional Court in Decision Number 135/PUU-XXII/2024 concerning the design of the simultaneous implementation of general elections and regional head elections. The decision has generated considerable debate because the Constitutional Court constructed a new constitutional framework regarding the relationship between national elections and regional head elections. This research employs a normative legal research method using statutory, conceptual, and case approaches. The findings demonstrate that Constitutional Court Decision Number 135/PUU-XXII/2024 reflects the practice of judicial activism through the application of systematic and teleological interpretation to address regulatory ambiguity concerning the simultaneity of elections. Although the Constitutional Court provides guidance for the future design of electoral administration, the decision remains within the scope of the Court's authority as a negative legislator because it does not establish operational legal norms, which fall within the competence of the legislature. The limits of judicial activism in this decision are reflected in the existence of a clear constitutional basis, respect for the doctrine of open legal policy, and the absence of any assumption of the legislative function vested in the DPR and the President. Accordingly, Decision Number 135/PUU-XXII/2024 demonstrates that judicial activism may serve as an instrument for constitutional protection, provided that it continues to uphold the principles of separation of powers, checks and balances, and legal certainty within Indonesia's constitutional system.
Aceh Peace Diplomacy (2005–2010): A Constructivist Study from Resistance to Reconciliation Putri Aliyah; Wachid Ridwan
Journal Sovereignty Law And Diplomatic Politics Vol. 2 No. 3 (2026): Journal Sovereignty Law and Diplomatic Politics
Publisher : CV Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jlsdp.v2i3.2822

Abstract

This study aims to analyze Hasan di Tiro's role in Aceh's peace diplomacy during 2005–2010 from the perspective of Alexander Wendt's constructivist theory. This study employed a qualitative approach using a descriptive-analytical method, the study relied on primary data collected through interviews and documentation, as well as secondary data obtained from a literature review. The data were subsequently analyzed using the interactive analysis model developed by Miles, Huberman, and Saldaña, which comprises three stages: data reduction, data display, and conclusion drawing. The findings indicate that Hasan di Tiro played an important role in legitimizing the Helsinki Peace Agreement, encouraging the transformation of GAM from armed resistance to political engagement, and serving as a symbol of reconciliation in sustaining peace in Aceh. From Wendt's constructivist perspective, this transformation resulted from changes in identity, interests, and norms through interactions among GAM, the Government of Indonesia, and international mediators. The study concludes that Hasan di Tiro's transformation was a key factor in the success of Aceh's peace diplomacy.
Reconstructing the Legal Status of Indigenous Peoples as Rights-Holders in Indonesian Law Fernando Tantaru
Journal Sovereignty Law And Diplomatic Politics Vol. 2 No. 3 (2026): Journal Sovereignty Law and Diplomatic Politics
Publisher : CV Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jlsdp.v2i3.2876

Abstract

The legal recognition of Indigenous Peoples in Indonesia does not necessarily guarantee their effective position as holders of rights. Although the Indonesian Constitution recognizes Indigenous Peoples and their traditional rights, the exercise and protection of these rights remain affected by conditional recognition, administrative identification, and fragmented regulations. This article aims to reconstruct the legal status of Indigenous Peoples as rights-holders within the Indonesian legal system by examining the relationship between recognition, legal subjectivity, and rights-holding. This study employs normative legal research using statutory, conceptual, and case approaches. Primary legal materials include the 1945 Constitution of the Republic of Indonesia, relevant legislation, and Constitutional Court decisions, supplemented by recent scholarly literature on Indigenous Peoples’ rights and legal protection. The analysis finds that the existing recognition-oriented framework tends to make the effective exercise of Indigenous rights dependent upon formal recognition mechanisms. The study argues that recognition should not constitute the existence of Indigenous Peoples’ rights but should function as a mechanism for establishing legal certainty and facilitating their protection. Reconstructing Indigenous Peoples as collective legal subjects and rights-holders strengthens the State’s position as a duty-bearer and provides a basis for developing a more rights-based framework for Indigenous Peoples’ protection in Indonesia.
Political Narrative and State Soft Deterrence Power Against Digital Protest Movements Hadi Irfandi
Journal Sovereignty Law And Diplomatic Politics Vol. 2 No. 3 (2026): Journal Sovereignty Law and Diplomatic Politics
Publisher : CV Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jlsdp.v2i3.2878

Abstract

This article examines how political narratives are used by the state and elites to delegitimize digital protest movements without relying directly on physical repression. Through a critical literature review of framing, securitization, and hegemony scholarship, this article proposes the concept of “soft deterrence power” as an analytical framework for understanding the use of labels such as “dark riders”, “riot,” and “anti-democratic” in managing the legitimacy of mass movements in digital spaces. A review of seven prior studies (2018–2025) shows that media framing and discourse securitization consistently serve as instruments through which the state/elite shift public perception away from the substance of demands and toward a perceived threat to public order. This study identifies a research gap in the simultaneous integration of framing theory, securitization theory, and soft power theory within the context of electoral democracies such as Indonesia, and formulates an initial conceptual framework for further empirical research.

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