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Law and Democracy Insight
Published by PT. Integra Academic Press
ISSN : -     EISSN : 30314615     DOI : https://doi.org/10.63208/21015
Core Subject :
Law and Democracy Insight (e-ISSN: 3031-4615) is a journal that delves into legal dimensions within the context of democratic governance. Published by Integra Academic Press, the journal aims to provide in-depth insights into the interaction between legal systems and democratic values. Its scope encompasses various legal aspects relevant to the development of democracy, including but not limited to the protection of human rights, a fair judicial system, constitutional law, civil liberties, and contemporary legal issues related to public policy. Law and Democracy Insight serves as a platform for academics, legal practitioners, and researchers to present and discuss the latest contributions in the legal field that support and enrich the foundations of democracy.
Arjuna Subject : -
Articles 46 Documents
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Human Rights Protection in the Modern Rule of Law Aulia Wardata; Setya Eko Wasito
Law and Democracy Insight Vol. 1 No. 1 (2023): June 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-271

Abstract

The protection of human rights is a fundamental element in the concept of the modern state of law because the law not only functions as a tool to regulate people's lives, but also as an instrument of protection for the basic rights of citizens. This study aims to analyze the effectiveness of human rights protection regulations in the perspective of the modern legal state (Law Number 28A through 28J of the 1945 Constitution) and examine the urgency of discussing these regulations in contemporary legal developments. The research uses normative juridical methods with a statutory approach and a conceptual approach. The source of legal materials consists of primary legal materials in the form of laws and regulations and secondary legal materials in the form of books, scientific journals, and academic articles for the last five years. The results of the study show that the effectiveness of human rights protection regulations is influenced by the quality of regulations, harmonization of laws and regulations, law enforcement, independence of legal institutions, and public legal awareness. In addition, technological developments and social transformation have caused the protection of human rights to continue to be adapted to the dynamics of modern law. Therefore, strengthening regulations, reforming laws, and improving the quality of law enforcement are important steps in realizing a democratic, fair legal state, and able to provide optimal human rights protection.
Progressive Law and Substantive Democracy in the Constitutional System Ujang Komarudin; Pitut Pramuji; Waluyo Handoko; Ida Irawati
Law and Democracy Insight Vol. 1 No. 1 (2023): June 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-272

Abstract

Substantive democracy is a democratic concept that not only emphasizes the formal implementation of electoral procedures but also prioritizes the protection of constitutional rights, social justice, and public participation in state administration. This study aims to analyze the effectiveness of regulations governing the role of the Constitutional Court in realizing substantive democracy through progressive law enforcement and to examine the urgency of implementing progressive law within the Indonesian constitutional system (Law Number 48 of 2009). This study employs a normative juridical method using statutory, conceptual, and case approaches. The legal materials consist of primary legal sources in the form of legislation and Constitutional Court decisions, as well as secondary legal sources derived from scientific journals and relevant legal literature. The findings indicate that regulations concerning democracy and the authority of the Constitutional Court have provided a sufficiently strong normative foundation for maintaining constitutional democracy and protecting citizens' rights. However, the effectiveness of these regulations is strongly influenced by the quality of law enforcement and the ability of judges to apply a progressive legal approach in achieving substantive justice. Therefore, the implementation of progressive law is essential to ensure that democracy operates not merely procedurally but also substantively in promoting justice and protecting constitutional rights within a democratic rule-of-law state.
Strengthening Democracy through Constitutional Oversight and Electoral Regulation Nor Hasanah; Nur Fadilah
Law and Democracy Insight Vol. 1 No. 1 (2023): June 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-273

Abstract

This study aims to analyze the effectiveness of regulations in supporting democracy and protecting citizens’ constitutional rights through Law Number 7 of 2017 concerning General Elections and Law Number 24 of 2003 concerning the Constitutional Court as lastly amended by Law Number 7 of 2020. The research employs a normative legal method with a comparative approach to examine the relationship between electoral regulation and constitutional oversight within a democratic system. The findings indicate that regulatory effectiveness is not merely determined by the existence of formal legal norms, but also by the consistency of law enforcement, the quality of constitutional supervision, and the protection of citizens’ political rights. The Constitutional Court plays a significant role as the guardian of the constitution through the judicial review mechanism to ensure that regulations remain consistent with democratic rule of law principles. Furthermore, strengthening regulations and optimizing the function of the Constitutional Court are essential to creating a responsive, inclusive, and constitutionally just democratic system. Therefore, harmonization between electoral regulations and constitutional oversight is necessary to support a more effective and sustainable democratic development.
Implementation of Good Governance in the Effectiveness of Administrative Law Regulations Masudi Masudi; Muhammad Lukmanul Hakim; Alfid Diaz Fernanda; Fatin Amiroszati
Law and Democracy Insight Vol. 1 No. 1 (2023): June 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-275

Abstract

This study examines the effectiveness of regulations in supporting the implementation of good governance principles from the perspective of administrative law and the urgency of strengthening regulations for the protection of public rights. The research employed a normative juridical method through statutory and conceptual approaches. The primary legal materials used include Law Number 39 of 1999 concerning Human Rights, Law Number 30 of 2014 concerning Government Administration, and Law Number 12 of 2011 concerning the Formation of Laws and Regulations as amended by Law Number 13 of 2022. The findings indicate that regulatory effectiveness is influenced by the quality of legislative drafting, public participation, transparency, accountability, and the consistency of government institutions in implementing the general principles of good governance. Effective regulations are capable of enhancing legal certainty, protecting public rights, and improving the quality of public services within the administrative system. Conversely, ineffective regulations may create legal uncertainty and reduce public trust in the governmental system. Therefore, strengthening good governance principles in the formulation and implementation of regulations is essential for establishing a democratic, transparent, and justice-oriented national legal system.
Freedom of Expression Regulation in the Digital Era from a Human Rights Perspective Amtul Chowdhury; Fatema Anowara; Tasfiea Rahman Rifa; Udita Barua; Chowdhury Nujhat Samanta
Law and Democracy Insight Vol. 1 No. 1 (2023): June 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-276

Abstract

Freedom of expression is a fundamental human right that plays an important role in ensuring public participation in democratic life. The development of information technology has expanded the exercise of freedom of expression through various digital platforms, while simultaneously creating new challenges that require adequate legal regulation. This study aims to analyze the effectiveness of freedom of expression regulation in the digital era under Law Number 11 of 2008, to examine the urgency of developing regulations governing this right. The research employs a normative juridical method using statutory and conceptual approaches. The legal materials consist of legislation, scholarly literature, and relevant academic publications. The findings indicate that both national and international legal instruments have supported the protection of freedom of expression. However, the effectiveness of existing regulations remains influenced by the clarity of legal norms, consistency in law enforcement, and conformity with human rights principles. Furthermore, the rapid advancement of digital technology highlights the necessity of continuously reviewing and developing legal regulations to maintain a balance between the protection of individual rights, legal certainty, and public interests. Therefore, strengthening adaptive and human rights-oriented regulations is essential to ensure sustainable protection of freedom of expression in the digital era.
Strengthening the Rule of Law in Constitutional Democracy Krisna Bramantyo Aji; Agung Setya Nugraha; Aditiya Riyanto; Ahmad Saefuddin Bahri; Mahmutarom Mahmutarom
Law and Democracy Insight Vol. 1 No. 2 (2023): December 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-277

Abstract

This study aims to analyze the effectiveness of regulations in supporting the realization of the rule of law and constitutional democracy, as well as to examine the urgency of strengthening regulations in achieving legal certainty, justice, and good governance. The study employs a normative juridical method using statutory and conceptual approaches. Primary legal materials consist of Law Number 48 of 2009 concerning Judicial Power, Law Number 30 of 2014 concerning Government Administration, and Law Number 12 of 2011 as amended by Law Number 13 of 2022 concerning the Formulation of Laws and Regulations. Secondary legal materials were obtained from relevant academic literature and scientific journals. The findings indicate that these regulations normatively provide a strong foundation for implementing the principles of a state governed by law through strengthening judicial independence, enhancing governmental accountability, and promoting participatory law-making processes. Furthermore, strengthening regulations is highly significant because it contributes to legal certainty, protects citizens' constitutional rights, prevents abuse of authority, and supports the implementation of good governance principles. Therefore, improving the quality of regulations and ensuring their consistent implementation are essential factors in realizing the rule of law and constitutional democracy that are just, transparent, and responsive to societal developments.
Public Transparency and Legal Accountability in Democratic Governance: Evidence from Indonesia Muhammad Lukmanul Hakim; Fatin Amiroszati; Mas'udi Mas'udi; Alfid Diaz Fernanda
Law and Democracy Insight Vol. 1 No. 2 (2023): December 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-278

Abstract

Public transparency and legal accountability are essential components of democratic governance because they promote openness, strengthen public oversight, and ensure responsible exercise of governmental authority. This study examines the role of transparency and accountability in democratic governance in Indonesia through a normative juridical method and doctrinal analysis of Law Number 14 of 2008 on Public Information Disclosure and Law Number 30 of 2014 on Government Administration. Using a normative juridical approach, relevant legal provisions, legal principles, and related legal literature published between 2018 and 2024 were systematically reviewed and analyzed through thematic synthesis. The findings indicate that transparency enhances citizen participation and access to information, while accountability strengthens institutional responsibility and legal certainty. Together, these principles contribute to public trust, governance effectiveness, and democratic legitimacy. The study concludes that effective implementation of transparency and accountability frameworks is essential for strengthening democratic governance and improving public sector performance in Indonesia.
Strengthening Public Participation in Democratic and Sustainable Governance Mohammad Belayet Hossain; Tasfiea Rahman Rifa; Ramisa Jahan
Law and Democracy Insight Vol. 1 No. 2 (2023): December 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-279

Abstract

Public participation is an essential element in promoting democratic, transparent, accountable, and responsive governance. This study aims to analyze the effectiveness of regulations governing public participation in government processes and to examine the urgency of strengthening these regulations to support sustainable governance. The research employs a normative juridical method using statutory and conceptual approaches. Data sources consist of relevant legal frameworks, including Law Number 39 of 1999 concerning Human Rights, Law Number 14 of 2008 concerning Public Information Disclosure, and Law Number 30 of 2014 concerning Government Administration, as well as scientific literature published over the last five years. The findings indicate that existing regulations provide an adequate normative foundation for public participation through the protection of citizens' rights, access to public information, and the implementation of good governance principles. Nevertheless, the effectiveness of these regulations still requires strengthening in terms of implementation to ensure that public participation is not merely procedural but also substantive. The study further reveals that strengthening public participation regulations is highly important because it contributes to enhancing policy legitimacy, transparency, accountability, governmental responsiveness, and the achievement of sustainable development objectives. Therefore, stronger public participation mechanisms are essential for improving democratic governance and ensuring long-term public-oriented policymaking.
Public Participation and Democratic Strengthening in Policy Formulation Syawalis’tsany Raihan Ar Rasyid; Girang Fitria Pratiwi
Law and Democracy Insight Vol. 1 No. 2 (2023): December 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-280

Abstract

Public participation is an essential element of a democratic state governed by law and an integral component of formulating responsive policies oriented toward the public interest. This study aims to analyze the urgency of public participation as an instrument for strengthening democracy and to examine the role of good governance principles in supporting effective public involvement in policy formulation (Law Number 13 of 2022). This research employs a normative legal method with a comparative approach through library research utilizing relevant primary and secondary legal materials. Primary legal sources consist of laws and regulations concerning public information disclosure, governmental administration, and legislative drafting, while secondary sources are derived from scientific publications issued over the last five years. The findings indicate that public participation plays a significant role in enhancing policy legitimacy, quality, and accountability. Furthermore, the implementation of good governance principles through transparency, accountability, and responsiveness contributes to more effective public participation. The synergy between public participation and good governance is crucial for strengthening democracy and promoting a more responsive government capable of addressing societal needs.
Public Participation in Democratic Lawmaking Processes Yosamuda Satria Tangoro
Law and Democracy Insight Vol. 1 No. 2 (2023): December 2023
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-281

Abstract

This study aims to analyze the position of public participation in the legislative drafting process and examine the implementation of the meaningful participation concept in promoting democratic, transparent, and responsive lawmaking. The research employs a normative juridical method using statutory, conceptual, and analytical approaches. Data were collected through a literature review consisting of primary legal materials, including legislation, and secondary legal materials such as books, scholarly articles, and relevant previous studies. The findings indicate that public participation holds a strategic position as an embodiment of popular sovereignty and participatory democracy within a democratic rule-of-law state. Normatively, public participation has been strongly recognized through Law Number 12 of 2011 and its amendments, which emphasize the principle of openness and the public's right to provide input at every stage of legislative drafting. Furthermore, the concept of meaningful participation enhances the quality of public involvement by ensuring the rights to be heard, to have opinions considered, and to receive explanations regarding submitted inputs. However, its implementation still faces several challenges, including limited access to legislative information, ineffective public consultations, and the absence of comprehensive evaluation mechanisms. Therefore, strengthening transparency, digitalization, and inclusive participation is essential for improving regulatory quality and legal legitimacy.

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