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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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Freedom of Expression and Democratic Governance in the Digital Era: An International Legal Perspective Syawalis’tsany Raihan Ar Rasyid; Girang Fitria Pratiwi
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: 10.63208/21015-324

Abstract

Freedom of expression is a fundamental democratic right that enables citizens to participate in public discourse, access information, and engage in governance processes. This study examines the relationship between freedom of expression and democratic governance in the digital era through a qualitative normative juridical and doctrinal analysis of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). The findings indicate that freedom of expression remains a cornerstone of democratic governance by strengthening accountability, political participation, civic engagement, and democratic legitimacy. The study further reveals that digital technologies have expanded opportunities for democratic participation while simultaneously creating challenges related to misinformation, platform governance, content moderation, and digital rights protection. The study concludes that the UDHR and the ICCPR continue to provide essential international legal standards for safeguarding democratic freedoms and guiding governance responses to emerging challenges in digital communication environments.
Digital Governance and Democratic Accountability: An International Legal Perspective Momin Noorjahan; Abdullah-Al-Monzur Hussain
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: 10.63208/21015-370

Abstract

Digital governance has transformed the relationship between governments and citizens by expanding opportunities for transparency, accountability, and public participation. This study examines the role of digital governance in strengthening democratic accountability through a normative juridical method. By employing a statutory and comparative approach, the study analyzes international legal instruments including the European Union’s General Data Protection Regulation (GDPR) and Artificial Intelligence Act alongside soft-law frameworks established by the United Nations and the Organisation for Economic Co-operation and Development (OECD). The findings indicate that digital governance contributes to democratic accountability by improving access to information, enhancing citizen engagement, strengthening institutional responsiveness, and supporting open government initiatives. A comparative evaluation of these legal systems demonstrates that international governance frameworks provide critical normative guidance for accountable and citizen-centered digital transformation. However, challenges related to artificial intelligence, data governance, cybersecurity, digital trust, and digital inclusion continue to affect governance effectiveness. Addressing these issues requires aligning domestic legal frameworks with international human rights standards and cross-border digital governance principles
The Relevance of the Obligation of Maintenance in Islamic Family Law to the Socio-Economic Changes of Modern Families Aris Yulia; Fatma Ayu Jati Putri; Erna Wati
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: 10.63208/21015-371

Abstract

This study analyzes the relevance of the obligation of maintenance (maintenance/support) in Islamic family law to the socio-economic changes of modern families. This study aims to analyze the regulation of the maintenance obligation in Islamic family law and Indonesian positive law, examine its relevance to the changing socio-economic conditions of modern families, and analyze the reinterpretation of maintenance obligations in achieving family justice and welfare. The study uses a normative legal method with statutory, conceptual, and analytical approaches by reviewing primary and secondary legal materials from the 2019–2024 period. The results show that the maintenance obligation remains the main responsibility of the husband based on Islamic law, Law Number 1 of 1974 on Marriage as amended by Law Number 16 of 2019, and the Compilation of Islamic Law (KHI). Socio-economic changes demand a more contextual interpretation of maintenance, especially regarding education, health, and family welfare needs. A reinterpretation based on maqāṣid al-syarī‘ah, justice, and family partnership is necessary without eliminating the husband's primary responsibility.
Effectiveness and Urgency of Good Governance in Public Administration Supriyanto Supriyanto; Tanti Malaka Sari Rahardjo; Sumiyati Sumiyati; Himawan Noerdjaja; Gumilang Eka Pambudi; Muchammad Shidqon Prabowo
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: 10.63208/21015-372

Abstract

The implementation of good governance principles is essential for achieving transparent, accountable, participatory, and citizen-oriented governance. This study analyzes the effectiveness of Indonesian regulations governing public administration, public services, and public information disclosure in supporting good governance and examines the need to strengthen these regulations in modern governance. The research employs a normative juridical method using statutory and conceptual approaches. The primary legal materials include Law Number 30 of 2014 concerning Government Administration, Law Number 25 of 2009 concerning Public Services, and Law Number 14 of 2008 concerning Public Information Disclosure, supported by scholarly literature published within the last five years. The findings indicate that these regulations provide a solid legal foundation for ensuring administrative legality, improving public service quality, promoting information transparency, and encouraging public participation. Strengthening their implementation is crucial for preventing abuse of authority, enhancing governmental accountability, protecting citizens' rights, and fostering public trust, thereby supporting governance that upholds the rule of law and good governance principles.
Human Rights Protection and Democratic Governance: An International Legal Perspective Setya Eko Wasito; Aulia Wardata
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: 10.63208/21015-394

Abstract

Human rights protection is a fundamental element of democratic governance because it supports political participation, accountability, equality, legal protection, and institutional legitimacy. This study examines the role of international human rights law in strengthening democratic governance and analyzes the contribution of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) as international legal frameworks for protecting fundamental rights and democratic values. The study employs a normative juridical method using a statutory, conceptual, and analytical approach. The legal analysis focuses on relevant international human rights instruments and examines their normative relationship with political participation, accountability, equality before the law, and democratic governance. The findings demonstrate that the UDHR provides a fundamental normative foundation for human dignity, equality, freedom, and democratic participation, while the ICCPR establishes legally binding protections for civil and political rights that are essential to democratic governance. However, digital rights, artificial intelligence, surveillance, misinformation, and democratic backsliding present emerging challenges. The study concludes that effective implementation of international human rights norms remains essential for strengthening democratic legitimacy, protecting political rights, limiting arbitrary governmental power, and sustaining resilient democratic governance.
Legal Protection of Customers' Personal Data in Online Loan Collection in Indonesia Fatin Amiroszati; Muhammad Lukmanul Hakim; Mas'udi Mas'udi; Alfid Diaz Fernanda
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: 10.63208/21015-395

Abstract

The development of online loan services in Indonesia provides easy access to financing, but it also creates legal issues regarding the protection of customers personal data, particularly during the collection process. The disproportionate use of personal data, the dissemination of information to third parties, and collection actions containing threats can harm customers privacy and security rights. This study aims to analyze the legal regulation of customers personal data protection in online loan activities in Indonesia, the forms of legal protection for personal data in the collection process, and the legal liability of operators for the misuse of customers personal data. The study employs a normative legal method with statutory and conceptual approaches. Legal materials were analyzed qualitatively by connecting applicable legal provisions with the results of previous studies published over the last five years. The results indicate that the protection of customers personal data has been strengthened through Law Number 27 of 2022 on Personal Data Protection and financial services sector regulations. Collection must be conducted lawfully, proportionally, transparently, and with respect for the customer's right to privacy. The misuse of personal data can incur legal liability for the violating parties.
Environmental Governance and Democratic Accountability: An International Legal Perspective Mohammad Faruk Hossain; Saida Talukder Rahi; Anwar Hossan Sagor
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: 10.63208/21015-396

Abstract

Access to information constitutes a fundamental principle of democratic governance because it promotes transparency, accountability, public participation, and institutional legitimacy. This study analyzes the contribution of international legal frameworks to democratic governance by examining the implementation of the United Nations Convention Against Corruption (UNCAC), particularly Articles 10 and 13, together with the Council of Europe Convention on Access to Official Documents (Tromsø Convention) as normative foundations for public access to information. The research employs a normative juridical method using statute, conceptual, and comparative approaches to analyze international legal instruments and contemporary scholarly literature concerning transparency, accountability, and democratic governance. The findings demonstrate that UNCAC and the Tromsø Convention establish important legal standards requiring governments to strengthen transparency, facilitate public participation, and improve institutional accountability through broader access to official information. These frameworks also reinforce democratic legitimacy by enabling effective public oversight and informed citizen participation. Nevertheless, contemporary challenges, including misinformation, artificial intelligence governance, digital transparency, and information inequality, continue to affect the effectiveness of information governance. The study concludes that strengthening international legal standards on access to information remains essential for ensuring accountable, transparent, and democratic governance in the digital era.
Legal Policy on Combating Online Gambling Crimes within the Indonesian Legal System Ika Juliana
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: 10.63208/21015-405

Abstract

Advancements in information technology have transformed various societal activities, including the emergence of online gambling offenses that are increasingly complex and difficult to control. The nature of online gambling, involving electronic systems, digital transactions, and transnational networks, poses new challenges for Indonesia's law enforcement system. This study analyzes legal policy regarding the prevention and handling of online gambling offenses, evaluates the effectiveness of existing regulations, and identifies directions for legal policy reform. The research employs a normative-juridical method using statute, conceptual, and case approaches. Data were obtained through a literature review of primary, secondary, and tertiary legal materials and analyzed qualitatively using a descriptive-analytical method. The findings indicate that Indonesia has established an adequate legal foundation through the Criminal Code and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions. However, enforcement remains hindered by overseas servers, difficult-to-trace digital transactions, low public legal awareness, and limited coordination among law enforcement agencies. Therefore, legal reform is needed through integrated criminal law policies, regulatory harmonization, stronger international cooperation, optimized digital technology, and improved public digital literacy to strengthen the effectiveness of combating online gambling offenses.
Environmental Rights And Access To Justice: Comparing Citizen-Led Environmental Litigation In Indonesia And Timor-Leste I Gusti Bagus Suryawan; Manuel Pinto
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: 10.63208/21015-427

Abstract

This study examines the comparative legal capacity and judicial access for citizen-led environmental litigation in Indonesia and Timor-Leste. Using a normative juridical method with comparative, statutory, conceptual, and case approaches, the study analyzes environmental rights, citizen standing, procedural access, judicial reasoning, state accountability, and remedies. The findings demonstrate that both countries possess normative foundations for environmental protection, but their capacity to transform environmental rights into accessible judicial claims differs. Indonesia has a more developed litigation framework through constitutional recognition of the right to a good and healthy environment, statutory environmental protection, the citizen lawsuit mechanism, and emerging judicial practices concerning environmental and climate justice. Nevertheless, procedural uncertainty, inconsistent climate-related judicial reasoning, limited scientific evidence, and weak administrative compliance with court decisions remain challenges. Timor-Leste has constitutional and institutional foundations for environmental protection, but limited evidence of established citizen-led environmental litigation. Environmental protection is more frequently addressed through regulatory governance, institutional mechanisms, community participation, and international environmental commitments. The study identifies a litigation capacity gap between the two countries. Indonesia has moved further toward judicializing environmental accountability, while Timor-Leste requires stronger mechanisms connecting constitutional rights, citizen standing, judicial access, and effective remedies.
Judicial Review and Legislative Quality in a Democratic Rule of Law Ujang Komarudin; Pitut Pramuji; Waluyo Handoko; Ida Irawati
Law and Democracy Insight Vol. 3 No. 2 (2025): December 2025
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-437

Abstract

Judicial review is a constitutional mechanism that functions to uphold constitutional supremacy while ensuring that legislative products conform to the principles of a democratic rule of law. This study aims to analyze the effectiveness of judicial review in safeguarding constitutional supremacy and legislative quality, as well as to examine the urgency of strengthening this mechanism within contemporary legal development. The research employs a normative legal method with a comparative approach by examining the provisions of the 1945 Constitution of the Republic of Indonesia, Law Number 24 of 2003 concerning the Constitutional Court as amended by Law Number 7 of 2020, and Law Number 12 of 2011 concerning Law-Making as amended by Law Number 13 of 2022. The analysis is supported by scholarly literature published over the last five years concerning judicial review, constitutional supremacy, and legislative quality. The findings indicate that judicial review effectively maintains the consistency of legal norms with constitutional principles, protects constitutional rights, strengthens checks and balances, and promotes higher legislative quality. Furthermore, strengthening judicial review has become increasingly necessary to address the growing complexity of law-making processes, enhance legal certainty, and support constitutional democratic governance. Therefore, judicial review should continue to be reinforced as a primary instrument for ensuring constitutional compliance and improving legislative quality.

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