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Rule of Law Studies Journal
Published by CV. Dyoqu Management and Publishing
ISSN : -     EISSN : 31093450     DOI : https://doi.org/10.64780/rolsj
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Rule of Law Studies [e-ISSN: 3109-3450] is a peer-reviewed scientific journal dedicated to publishing original research articles, literature reviews, and conceptual papers in the field of law and public policy. The scope of the journal includes studies on the principles of the rule of law, the judicial system, human rights, legal reform, legal philosophy, constitutional law, criminal law, civil law, as well as the interrelationship of law with social, political and cultural issues. Rule of Law Studies aims to be a scientific forum for academics, researchers, policy makers, and legal practitioners to exchange critical thoughts and research results that can strengthen theoretical understanding and application of the principles of the rule of law in various national and international contexts, especially in developing and multicultural countries such as Indonesia. The journal is published quarterly or four times a year (March, June, September and December) and accepts manuscripts written in English. All submitted manuscripts will go through a rigorous peer-review process to ensure academic quality, relevance and originality.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 27 Documents
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The Constitutional Court’s Judicial Activism in Indonesia: Constitutional Boundaries and a Progressive Legal Perspective Maisa Julian, Tegar; Uyun, Qurrotul
Rule of Law Studies Journal Vol. 2 No. 1 (2026): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v2i1.209

Abstract

Background:The Constitutional Court plays a strategic role in Indonesia's constitutional system as the guardian of the constitution, authorized to review laws against the 1945 Constitution. In practice, several Constitutional Court decisions demonstrate a tendency toward judicial activism, where judges not only interpret legal norms but also expand or create new ones. This phenomenon has given rise to debate regarding the limits of the Constitutional Court's authority within the framework of the separation of powers and its implications for the development of national law. Aims:This study aims to analyze the role of the Constitutional Court in implementing judicial activism and assess the effectiveness of this practice from a progressive legal perspective. Methods:This study uses a normative legal research approach with a statute approach, a case approach, and a conceptual approach. The research data was obtained through a literature review, which included primary legal materials in the form of legislation and Constitutional Court decisions, as well as secondary legal materials in the form of books, scientific journals, and academic literature. Data analysis was conducted qualitatively through data reduction, data presentation, and conclusion drawing. Result:The research findings indicate that the Constitutional Court has implemented judicial activism in several of its decisions, reflected in decisions that are corrective, protective, and adaptive to social dynamics. This practice is evident in several important decisions that broaden the interpretation of legal norms to protect citizens' constitutional rights and fill legal gaps in the legal system. Conclusion:From a progressive legal perspective, the practice of judicial activism can be understood as the Constitutional Court's effort to achieve substantive justice in the Indonesian legal system. However, the implementation of this practice must adhere to the principle of separation of powers to avoid shifting authority between the judiciary and the legislature in a constitutional democratic system.
Review of Siyasah Fiqh on Granting Legal Standing to Foreign Citizens in Judicial Review Agwin Apriliansa, Nanda; Kholiq Syafa'at, Abdul
Rule of Law Studies Journal Vol. 2 No. 1 (2026): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v2i1.210

Abstract

Background:The increasing mobility of foreign nationals (WNA) in the era of globalization has led to an increasingly intense interaction with the national legal system. In the context of a state based on the rule of law, every individual within the country's jurisdiction can be impacted by various laws and regulations. However, in the Indonesian legal system, the provisions of Article 51 paragraph (1) of the Constitutional Court Law explicitly limit the parties who can file a judicial review to only Indonesian citizens. This situation has given rise to debate regarding the legal standing of foreign nationals in the mechanism for testing laws at the Constitutional Court. Aims:This study aims to analyze the legal standing of foreign citizens in submitting judicial reviews to the Indonesian Constitutional Court and to review this practice through the perspective of fiqh siyasah, particularly the concepts of al-musta'min and al-'adl. Methods:This research employs a normative juridical approach using the statute approach, the conceptual approach, and the case approach. Data were obtained through a literature review of relevant laws and regulations, Constitutional Court decisions, books, and scientific journals. The data were then analyzed qualitatively to interpret legal norms and examine the practice of granting legal standing to foreign nationals from a fiqh siyasah perspective. Result:The research results show that, normatively, foreign citizens are not explicitly recognized as applicants in the judicial review mechanism under the Constitutional Court Law. However, in practice, there are dynamic interpretations in several Constitutional Court decisions that consider the legal interests of foreign parties. From a fiqh siyasah perspective, the concept of al-musta'min and the principle of al-'adl indicate that foreigners legally residing in a territory have the right to legal protection and access to justice. Conclusion:This study concludes that although the Indonesian legal system normatively limits legal standing to Indonesian citizens, a more inclusive approach can be considered to ensure the principle of universal justice and the protection of human rights. The integration of the fiqh siyasa perspective provides a normative foundation that reinforces the importance of access to justice for foreign citizens within the constitutional legal system
Legal Review of Disputes Between Indigenous Communities and the Government Regarding Territorial Boundaries (Case Study of Marampa Village, Rongkong District, North Luwu Regency) Sari Sahid, Anggun; Abdain, Abdain; Marwing, Anita
Rule of Law Studies Journal Vol. 2 No. 1 (2026): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v2i1.211

Abstract

Background:Disputes between indigenous communities and the government over territorial boundaries are a common occurrence in various regions across Indonesia. These conflicts are generally triggered by differing perspectives on determining territorial boundaries, with indigenous communities using a historical and traditional approach, while the government uses a formal administrative and mapping approach. Aims:This study aims to legally analyze the dispute between indigenous peoples and the government regarding territorial boundaries in Marampa Village, Rongkong District, North Luwu Regency, and to identify the factors causing the conflict and efforts to resolve it. Methods:This research uses a qualitative approach with a descriptive design. The approach employed includes normative and historical juridical approaches. Data were obtained through observation, interviews, and documentation, involving indigenous communities and village government officials as research informants. The data were then analyzed using qualitative analysis techniques through the stages of data reduction, data presentation, and conclusion drawing. Result:The research results indicate that disputes between indigenous communities and the government regarding territorial boundaries are caused by differences in boundary determination methods, village expansion, lack of communication between indigenous communities and the government, and the government's lack of attention to the recognition of customary territories. Efforts to resolve the conflict are carried out through deliberation between the two parties and participatory mapping of customary territories. Conclusion: Boundary disputes between indigenous communities and the government are influenced by differing approaches to defining territory and a lack of coordination between the two parties. Therefore, more participatory policies and clearer legal recognition of indigenous territories are needed to minimize similar conflicts in the future.
Forced Marriage in Mojorejo Village Indonesia: A Qualitative Study from Islamic Law and Human Rights Perspectives Rahmawati, Ida; Ulfa, Isnatin
Rule of Law Studies Journal Vol. 2 No. 1 (2026): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v2i1.212

Abstract

Background:Marriage is a social institution that plays a crucial role in forming families and maintaining the continuity of social life. From the perspective of Islamic law and human rights, marriage should ideally be based on the consent and willingness of both parties, without any element of coercion. However, in social practice, cases of forced marriages by parents or guardians of their children are still found. This phenomenon demonstrates a gap between normative legal principles and prevailing social practices. Aims:This study aims to analyze the practice of forced marriage from the perspective of Islamic law and human rights and to examine women's independence in determining their life partner. Methods:This study used a qualitative approach with field research. Data were obtained through interviews and observations with informants involved in forced marriage practices in Mojorejo Village, Kebonsari District, Madiun Regency. Data analysis was conducted using an interactive analysis model that included data reduction, data presentation, and drawing conclusions. Result:Research shows that forced marriages persist due to the influence of strong social, cultural, and family interests within society. In some cases, marriage decisions are largely made by parents or guardians, limiting an individual's freedom to choose a life partner. This situation demonstrates a gap between social practices and the principles of Islamic law and human rights, which emphasize the importance of mutual consent in marriage. Conclusion:This research confirms that the practice of forced marriage is not entirely in line with Islamic law and human rights principles, which uphold individual freedom to choose a life partner. Therefore, public awareness is needed regarding the importance of the consent of both prospective bride and groom in marriage as a form of protection for individual rights and justice in family life.
Reformulation of Judicial Principles in Judicial Review Cases Based on Open Legal Policy by the Constitutional Court Aulia, Teja; Sri Darmadi, Nanang
Rule of Law Studies Journal Vol. 2 No. 1 (2026): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v2i1.213

Abstract

Background:In Indonesia's constitutional system, the Constitutional Court has the authority to review laws against the 1945 Constitution to ensure constitutional supremacy and protect citizens' constitutional rights. In practice, the Constitutional Court not only acts as a negative legislature, invalidating legal norms, but also, in some decisions, acts as a positive legislature through the application of the principle of judicial activism. However, the application of this principle often generates debate, particularly when it relates to norms of an open legal policy nature, which are essentially within the authority of the lawmakers. Aims:This study aims to analyze the application of the principle of judicial activism by the Constitutional Court in cases of judicial review of laws related to the norm of open legal policy, and to examine the consistency of its application in constitutional judicial practice in Indonesia. Methods:This study employs a juridical-normative research method with a case approach, a conceptual approach, and a comparative approach. Data were obtained through a literature review, encompassing primary legal materials in the form of legislation and Constitutional Court decisions, as well as secondary legal materials in the form of academic literature and legal doctrine. Data analysis was conducted qualitatively through a content analysis of Constitutional Court decisions related to the application of the principle of judicial activism. Result:The research results show that the Constitutional Court has applied the principle of judicial activism in several of its decisions by formulating or adding new legal norms during the judicial review process. However, this principle has not been consistently applied, particularly in cases related to open legal policy norms. In some decisions, the Constitutional Court has refused to review these norms, arguing that this falls within the authority of the legislators, while in other decisions, the Constitutional Court has intervened in norms that constitute open legal policy. Conclusion:This study concludes that the Constitutional Court's application of the principle of judicial activism still requires clearer parameters to avoid inconsistencies in its judicial review practices. Such clarity is crucial for maintaining a balance of power between the judiciary and the legislature and strengthening the Constitutional Court's role as a guardian of the constitution in a democratic state governed by the rule of law.
Evaluating Concurrent Election Systems and Their Impact on Democratic Quality in Indonesia Nadya Syalum Ramadhani; Muhammad Ikhsan Wicaksana; Muhammad Zaky Andriano; Rudi Santoso
Rule of Law Studies Journal Vol. 2 No. 2 (2026): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v2i1.216

Abstract

Background: The implementation of concurrent elections in Indonesia represents a major political reform aimed at improving electoral efficiency and strengthening democratic governance. Despite these intentions, its application has generated ongoing debates regarding whether the system truly enhances democratic quality or instead introduces new challenges, such as increased electoral complexity and voter burden. Aims: This study aims to evaluate the concurrent election system and analyze its impact on democratic quality in Indonesia. Methods: This research adopts a quantitative approach by utilizing secondary data obtained from official election reports and democratic indicators. The analysis focuses on key dimensions of democratic quality, including voter participation, electoral competitiveness, and institutional performance. The data were examined using both descriptive and inferential statistical techniques to identify patterns and relationships between the implementation of concurrent elections and democratic outcomes. Result: The findings indicate that the implementation of concurrent elections tends to increase voter participation and improve administrative efficiency. However, the complexity of the electoral system also affects voters’ understanding and may influence the clarity of political representation as well as institutional effectiveness. Conclusion: Overall, the concurrent election system in Indonesia produces mixed effects on democratic quality. Therefore, policy adjustments and institutional strengthening are necessary to ensure that the system contributes more effectively to democratic consolidation.
Rethinking State Theory: Addressing Political Oligarchy and Dynastic Power in Indonesia Alya Sherillia; Putri Naila Ramadhani; Gifa Al-Khoiri Ramadhani; Rudi Santoso
Rule of Law Studies Journal Vol. 2 No. 2 (2026): Rule of Law Studies Journal
Publisher : CV. Dyoqu Publishing and Management

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64780/rolsj.v2i2.217

Abstract

Background: The persistence of political oligarchy and dynastic power in Indonesia suggests that power tends to be concentrated within certain groups, even within a formally democratic system. This condition raises questions about the extent to which existing state theory remains relevant in explaining contemporary political realities. Aims: In response to this issue, this study aims to rethink state theory by examining its capacity to explain and address political oligarchy and dynastic power in Indonesia, while also identifying its theoretical limitations and exploring possible contextual reinterpretations. Methods: This study adopts a qualitative conceptual approach based on a critical review of the literature. It draws on key perspectives in political science, including state theory and elite theory, and engages with prior studies and documented political developments in Indonesia through a process of analytical synthesis. Result: The literature-based analysis indicates that conventional state theory does not fully capture the dynamics of concentrated power and the persistence of elite dominance across political generations. The presence of oligarchic structures and dynastic practices suggests that formal democratic institutions alone are insufficient to ensure an equitable distribution of power. These findings point to the need for a more context-sensitive understanding of the role and function of the state. Conclusion: Rethinking state theory offers a more grounded and contextually relevant framework for interpreting contemporary power relations in Indonesia. This study contributes to narrowing the gap between theoretical assumptions and political practice, and highlights the importance of integrating empirical realities into the analysis of the state in emerging democracies.

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