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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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Constitutional Rights Protection in Digital Transformation: A Normative Legal Analysis Alfid Diaz Fernanda; Fatin Amiroszati; Muhammad Lukmanul Hakim; Mas'udi
Law and Democracy Insight Vol. 2 No. 2 (2024): December 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-314

Abstract

Digital transformation has fundamentally reshaped the interaction between the state, society, and digital platforms, while simultaneously creating new challenges for the protection of citizens' constitutional rights. This study aims to analyze the effectiveness of the existing legal framework and the urgency of strengthening regulations in safeguarding constitutional rights in the digital era. The research employs a normative juridical method using statutory and conceptual approaches, supported by a literature review of scholarly sources indexed in Google Scholar from the last five years. The findings indicate that Indonesia has established a relatively comprehensive legal foundation through the 1945 Constitution of the Republic of Indonesia, Law No. 27 of 2022 on Personal Data Protection, and Law No. 11 of 2008 on Electronic Information and Transactions as amended by Law No. 1 of 2024. However, the effectiveness of these regulations remains constrained by enforcement gaps, institutional limitations, and the rapid evolution of digital technologies. Moreover, emerging risks such as personal data breaches, digital surveillance, and technological inequality highlight the urgency of strengthening regulatory frameworks that are more adaptive and human rights-based. The study concludes that a digital constitutionalism approach is essential to ensure that constitutional rights protection remains effective amid ongoing digital transformation.
Democratic Governance Reform from a Legal Perspective Santie Marlina Santoso; Siti Parwitri Listiana; Chrispian Lorendra; Yohanes Winarto Adhinugroho; Yosephine Sri Lestari Prasetyo; Takwim Azami
Law and Democracy Insight Vol. 2 No. 2 (2024): December 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-315

Abstract

Democratic governance reform is an important issue in the development of a rule-of-law state because government administration requires not only political legitimacy but also legal certainty, transparency, and accountability. This study aims to analyze the effectiveness of legal regulations in supporting democratic governance reform and to examine the urgency of strengthening regulations in responding to the development of modern public administration. This research employs a normative juridical method using statutory and conceptual approaches. The analysis focuses on Law Number 30 of 2014 concerning Government Administration, Law Number 14 of 2008 concerning Public Information Disclosure, and Law Number 25 of 2009 concerning Public Services as legal instruments for establishing transparent and accountable governance. The findings indicate that these regulations provide a legal foundation for limiting governmental authority, strengthening public oversight mechanisms, and improving the quality of public services. However, the effectiveness of these regulations still requires stronger implementation, institutional capacity, and adaptation to the development of digital governance. This study confirms that democratic governance reform requires harmonization between regulations, administrative practices, and rule-of-law principles to establish a responsive and accountable government system.  
Judicial Independence and the Rule of Law in Democratic Governance: An International Legal Perspective Dijan Widijowati; Sergiy Denysenko
Law and Democracy Insight Vol. 2 No. 2 (2024): December 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-316

Abstract

Judicial independence is a fundamental element of democratic governance because it ensures impartial justice, protects human rights, and upholds the rule of law. Previous analyses often evaluated judicial autonomy through general literature reviews without grounding the discussion in explicit statutory frameworks. To address this gap, this study employs a normative juridical method to analyze the statutory foundations of judicial independence and fair trial guarantees. The analysis focuses primarily on Law No. 12 of 2011 on the Establishment of Laws and Regulations (as amended by Law No. 13 of 2022) and Law No. 48 of 2009 on Judicial Power, examined alongside international legal instruments including Articles 8, 10, and 11 of the Universal Declaration of Human Rights (UDHR) and Articles 2(3) and 14 of the International Covenant on Civil and Political Rights (ICCPR). The findings indicate that while statutory provisions provide explicit guarantees for judicial autonomy, practical enforcement remains vulnerable to political interference and institutional capture. This study concludes that aligning administrative regulations with statutory standards under Law No. 48 of 2009 is essential for sustaining democratic governance and the rule of law.
Rule of Law and Judicial Accountability in Democratic States Nur Fadilah; Nor Hasanah
Law and Democracy Insight Vol. 2 No. 2 (2024): December 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-317

Abstract

The principle of the rule of law places judicial institutions as one of the main pillars in ensuring legal supremacy and maintaining democratic governance. This study aims to analyze the effectiveness of regulations concerning judicial independence and accountability based on the 1945 Constitution of the Republic of Indonesia, Law Number 48 of 2009 concerning Judicial Power, and Law Number 14 of 1985 concerning the Supreme Court as lastly amended by Law Number 3 of 2009. In addition, this study examines the urgency of discussing judicial accountability in supporting the implementation of the rule of law in democratic states. This study employed a juridical normative method by examining legal materials, including statutory regulations, legal doctrines, and relevant scholarly literature. The analysis was conducted using secondary legal materials published within the last five years and indexed in Google Scholar to ensure the relevance and currency of the discussion. The analysis is conducted using conceptual and statutory approaches. The findings indicate that the existing regulatory framework has provided an adequate foundation for an independent and accountable judiciary. Furthermore, strengthening judicial accountability plays an important role in enhancing institutional legitimacy, reinforcing checks and balances mechanisms, and building public trust in the judicial system. Therefore, maintaining a balance between independence and accountability is essential to support the realization of a democratic state governed by law and justice.
Anti-Corruption Law and Democratic Governance: An International Legal Perspective Nazaruddin Al-Farisi; Siti Lintang Saputri
Law and Democracy Insight Vol. 2 No. 2 (2024): December 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-318

Abstract

Corruption poses a significant threat to democratic governance by weakening accountability, transparency, public trust, and institutional integrity. This study examines the role of anti-corruption law in strengthening democratic governance through a normative juridical method and doctrinal analysis of the United Nations Convention against Corruption Law Number 7 of 2006 and the United Nations Convention against Transnational Organized Crime Law Number 5 of 2009. The findings show that anti-corruption law supports democratic governance by promoting accountability, transparency, public integrity, and effective institutional oversight. The study also finds that United Nations Convention against Corruption and the United Nations Convention against Transnational Organized Crime provide important international standards for corruption prevention and international cooperation. However, political corruption, state capture, and implementation challenges continue to affect governance effectiveness. The study concludes that strengthening anti-corruption frameworks remains essential for protecting democratic institutions and maintaining public trust.
Effectiveness of Electoral Law Regulations in Strengthening Representative Democracy in Indonesia Girang Fitria Pratiwi; Syawalis’tsany Raihan Ar Rasyid
Law and Democracy Insight Vol. 3 No. 1 (2025): June 2025
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-319

Abstract

This study analyzes the effectiveness of electoral law regulations in supporting representative democracy and examines the urgency of continuously assessing such regulations to strengthen the protection of citizens' political rights. The research employs a normative juridical method using statutory, conceptual, and analytical approaches. Primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, Law Number 7 of 2017 on General Elections as amended by Law Number 7 of 2023, and Law Number 2 of 2011 on Political Parties. The analysis is supported by academic literature published over the last five years. The findings indicate that electoral law regulations play a significant role in ensuring legal certainty, protecting political rights, strengthening the political representation system, and enhancing the legitimacy of representative institutions within a democratic framework. Furthermore, the study reveals that continuous examination of electoral regulations is essential to maintain democratic integrity, improve the quality of political representation, support the institutionalization of political parties, and ensure that legal frameworks remain responsive to democratic developments. Therefore, strengthening electoral law constitutes an integral component of efforts to establish a more accountable, inclusive, and rule-of-law-based representative democracy.
Electoral Integrity and Democratic Participation in Indonesia: A Legal Perspective on Election Governance Kenneth Jonathan; Vania Anindya
Law and Democracy Insight Vol. 2 No. 1 (2024): June 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-320

Abstract

Electoral integrity and democratic participation are fundamental elements of democratic governance because they directly influence the institutional legitimacy, legal accountability, and structural stability of electoral systems. This study examines the conceptual alignment and practical implementation of election governance in Indonesia through a normative juridical method and doctrinal legal analysis of Law Number 7 of 2017 on General Elections and Law Number 10 of 2016 on Regional Head Elections. These statutory frameworks are evaluated alongside international human rights standards, specifically Articles 8, 10, and 21 of the Universal Declaration of Human Rights (UDHR) and Articles 2, 14, and 25 of the International Covenant on Civil and Political Rights (ICCPR). The findings demonstrate that electoral integrity is significantly strengthened by harmonized statutory frameworks, independent institutional oversight, and robust legal safeguards against emerging threats such as digital disinformation and political polarization. Furthermore, democratic participation reinforces civic representation and constitutional legitimacy. The study concludes that maintaining continuous alignment between domestic legislation and international human rights benchmarks is essential for sustaining democratic governance in Indonesia.
Administrative Justice and Democratic Governance: Strengthening Citizen Protection Through Administrative Law in Indonesia Mohammad Belayet Hossain; Tasfiea Rahman Rifa; Ramisa Jahan
Law and Democracy Insight Vol. 2 No. 1 (2024): June 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-321

Abstract

Administrative justice plays a vital role in strengthening democratic governance by ensuring accountability, legal certainty, and protection against unlawful governmental actions. This study examines the contribution of administrative justice to democratic governance in Indonesia using a normative juridical approach. The analysis focuses on the 1945 Constitution, Law No. 30 of 2014 concerning Government Administration, and the legal framework governing the State Administrative Court (PTUN). Relevant literature published between 2020 and 2024 was systematically reviewed to analyze the relationship between administrative justice, public administration, and democratic governance. The findings demonstrate that administrative justice enhances democratic governance through judicial oversight, accountability mechanisms, legal protection, transparency, and improved access to justice. Nevertheless, significant challenges remain, including institutional capacity limitations, the exercise of administrative discretion, digital governance issues, and procedural accessibility. The study concludes that strengthening administrative justice is essential for promoting accountable, transparent, and democratic public administration while reinforcing the rule of law and protecting citizens' rights in Indonesia.
Political Participation and Democratic Rights in Indonesia: Examining National and International Legal Frameworks Amelia Firdausa Duana; Septian Oloan Sihombing; Ashari Ashari; Hetiyasari Hetiyasari
Law and Democracy Insight Vol. 2 No. 1 (2024): June 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-322

Abstract

Political participation and democratic rights are fundamental components of democratic governance because they enable citizens to engage actively in public affairs, exercise political freedoms, express their opinions, and influence decision-making processes at both national and local levels. This study examines the role of democratic rights and political participation in Indonesia through a normative juridical method and doctrinal analysis of Law Number 39 of 1999 on Human Rights and the International Covenant on Civil and Political Rights (ICCPR). Using a normative juridical approach, relevant legal materials, statutory regulations, legal doctrines, and fundamental legal principles were systematically examined and analyzed through doctrinal legal analysis. The findings indicate that legal protections for freedom of expression, freedom of association, and political participation contribute significantly to democratic legitimacy, civic engagement, public trust, and the protection of constitutional rights. The study concludes that strengthening human rights protections, civic participation, legal certainty, and institutional accountability is essential for promoting democratic governance, democratic resilience, sustainable political development, and inclusive public participation in Indonesia.
Citizen Participation and Democratic Governance in Public Service Delivery: A Legal Perspective from Indonesia Mohammad Abdul Matin Chowdhury; Muhammad Belayet Hossain
Law and Democracy Insight Vol. 2 No. 1 (2024): June 2024
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-323

Abstract

Citizen participation has become an essential component of democratic governance because it enables citizens to engage directly in public decision-making, monitor public institutions, provide constructive feedback, and contribute to continuous public service improvement. This study examines citizen participation and democratic governance in public service delivery through a qualitative normative juridical method based on Law Number 25 of 2009 concerning Public Services, Law Number 14 of 2008 concerning Public Information Disclosure, and Law Number 30 of 2014 concerning Government Administration. Using the normative juridical method, relevant legal materials, statutory regulations, and legal principles were systematically analyzed to evaluate the relationship between citizen participation and public service governance. The findings show that citizen participation, transparency, and administrative accountability collectively strengthen democratic governance by improving public service quality, institutional responsiveness, policy effectiveness, and public trust. The study concludes that effective public service governance requires active citizen engagement, broad access to information, transparent decision-making, and accountable administrative institutions to support inclusive, participatory, responsive, and sustainable governance in Indonesia.

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