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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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Civil Society and Democratic Governance: An International Legal Perspective Natasya Avrilia Anggraini; Moch. Gufron Fajar Rezki; Sri Dwi Puji Lestari; Rahma Kuvita Wulandari
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: 10.63208/21015-447

Abstract

Civil society plays a strategic role in strengthening democratic governance through participation, accountability, transparency, and public oversight. This study aims to analyze the contribution of civil society to democratic governance from the perspective of international law. The analysis is based on the International Covenant on Civil and Political Rights (ICCPR), particularly Article 21 concerning the right to peaceful assembly and Article 22 concerning freedom of association, as well as the United Nations Declaration on Human Rights Defenders, which collectively provide normative guarantees for civic participation and the protection of democratic freedoms. This research employs a normative juridical method using a statute approach and a conceptual approach. Primary legal materials consist of international legal instruments, while secondary legal materials include scholarly publications discussing civil society, democratic governance, accountability, and civic participation. The collected legal materials were analyzed qualitatively through legal interpretation and systematic legal reasoning. The findings demonstrate that international legal frameworks strengthen democratic governance by protecting civic participation, promoting public accountability, enhancing democratic legitimacy, and supporting democratic resilience. Nevertheless, shrinking civic space, restrictions on civic freedoms, threats against human rights defenders, and challenges arising from digital governance continue to affect the effectiveness of civil society in sustaining democratic governance.
Legislative Formation and Democratic Governance in Indonesia: Assessing Public Participation in Law-Making Processes Marmiyati Marmiyati; Uddiyana Alias Khoe Keng Hien; Harjanto Slamet; Pho Seng Ka; Ponco Prasetyo; Anto Kustanto
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: 10.63208/21015-457

Abstract

Public participation stands as an essential component of modern democratic governance because it directly strengthens legislative legitimacy, procedural transparency, and institutional accountability within the state structure. This comprehensive normative juridical study examines legislative formation and democratic governance in Indonesia, grounding its detailed analysis in the 1945 Constitution, Law No. 12 of 2011, Law No. 13 of 2022, and Constitutional Court Decision No. 91/PUU-XVIII/2020. Utilizing both statutory and conceptual frameworks, the evaluation thoroughly reviews primary and secondary legal materials to determine how public consultation effectively operates within the modern law-making lifecycle. The core findings indicate that meaningful public involvement significantly improves legislative legitimacy, promotes administrative transparency, and enhances overall public accountability. Nevertheless, substantial challenges concerning practical implementation, procedural legitimacy, and public accessibility continue to hinder optimal governance outcomes. The study concludes that strengthening genuine public participation remains entirely indispensable for advancing democratic governance, protecting fundamental constitutional rights, and substantially improving overall legislative quality throughout Indonesia.
The Legal Policy Regarding the Application of Sharia Economic Legal Principles in the Sharia Banking System in Indonesia Mansyur Bayu Saputro; Elsa Laila Rohmah
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: 10.63208/21015-467

Abstract

The growth of the Sharia banking industry in Indonesia requires legal policies ensuring the effective application of Sharia economic principles within the national banking system. The enactment of Law Number 21 of 2008 concerning Sharia Banking, reinforced by Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (P2SK), demonstrates the state's commitment to strengthening Sharia banking regulation, governance, and supervision. This study analyzes legal policy regarding the application of Sharia economic principles within Indonesia's Sharia banking system, evaluates its implementation, and identifies future policy directions. The research employs a normative-juridical method using statutory, conceptual, and analytical 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 Sharia economic principles have a robust legal foundation through regulations concerning Sharia contracts (akad), Sharia compliance, and supervision by the Financial Services Authority (OJK) and Sharia Supervisory Board (DPS). However, implementation faces challenges involving regulatory harmonization, financial service digitalization, product innovation, and low public literacy. Therefore, legal policy strengthening should focus on regulatory harmonization, improved supervision, Sharia-compliant digital transformation, and enhanced financial literacy to establish a fair, sustainable, and competitive Sharia banking system.
The Influence of Public Policy on Democratic Participation from the Rule of Law Perspective Lusia Sulastri; Bahtiyar Efendi; Gugun Gumilar
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: 10.63208/21015-477

Abstract

Democratic participation constitutes an essential element in the implementation of the rule of law and good governance. This study aims to analyze the effectiveness of legal regulations governing public participation in supporting participatory democracy and to explain the urgency of strengthening public participation in achieving democratic, transparent, and accountable governance. This research employs a normative juridical method using statutory, conceptual, and analytical approaches. Primary legal materials consist of Law Number 13 of 2022, Law Number 30 of 2014, and Law Number 14 of 2008, supported by scholarly literature published over the last five years. The findings indicate that these regulations have provided an adequate normative foundation for ensuring public involvement through the principles of openness, accountability, and meaningful participation. Furthermore, strengthening democratic participation has strategic importance in enhancing the legitimacy of public policies, reinforcing oversight of governmental administration, and promoting the realization of the rule of law and good governance oriented toward public interests.
The Role of the Constitutional Court in Strengthening Constitutional Democracy in Indonesia Vania Anindya; Kenneth Jonathan
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: 10.63208/21015-485

Abstract

This study aims to analyze the role of the Constitutional Court in strengthening constitutional democracy in Indonesia from a normative legal perspective. The study focuses on the effectiveness of the legal framework governing the Constitutional Court and the urgency of institutional strengthening in maintaining the principles of a democratic rule of law state (Law Number 7 of 2020). The research method used is a normative juridical method, based on the 1945 Constitution of the Republic of Indonesia, the Constitutional Court Act, the Judicial Power Act, and recent academic literature. The findings indicate that normatively, the legal framework governing the Constitutional Court is sufficiently effective in providing a strong basis for its authority as the guardian of the constitution through judicial review mechanisms and the protection of citizens’ constitutional rights. However, its effectiveness still depends on implementation, institutional independence, and consistency in constitutional interpretation. Furthermore, strengthening the Constitutional Court’s regulatory framework is an urgent necessity in responding to contemporary constitutional dynamics to ensure the continuity of checks and balances and the reinforcement of constitutional democracy. Thus, the Constitutional Court functions not only as a judicial institution but also as a key pillar in maintaining the stability of Indonesia’s democratic and constitutional legal system.
Legal Framework and Consumer Protection in Indonesia’s Digital Economy: Challenges, Gaps, and Reform Directions Muchammad Shidqon Prabowo
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: 10.63208/21015-497

Abstract

The rapid expansion of Indonesia’s digital economy has increased consumer participation in electronic transactions while simultaneously creating legal challenges related to data protection, contractual fairness, and regulatory enforcement. This study aims to analyze the adequacy of Indonesia’s legal framework in protecting digital consumers, identify the main challenges in its implementation, and formulate directions for legal reform. The analysis focuses on Law Number 8 of 1999 concerning Consumer Protection, the Personal Data Protection Act, the Electronic Information and Transactions Law, Government Regulation Number 80 of 2019 concerning Electronic Commerce, and sectoral regulations issued by the Financial Services Authority (Otoritas Jasa Keuangan/OJK) and Bank Indonesia. This research employs a normative juridical method using a qualitative approach through the examination of statutory regulations, legal doctrines, and relevant scholarly literature. The findings indicate that Indonesia has established an important legal foundation for digital consumer protection; however, fragmented regulations, overlapping institutional authority, weak enforcement mechanisms, complex online contractual practices, and recurring personal data breaches continue to reduce regulatory effectiveness. The study concludes that harmonizing legal provisions, strengthening institutional coordination, improving enforcement capacity, expanding online dispute resolution mechanisms, and integrating technological safeguards are essential to ensure effective consumer protection and support sustainable digital economic development in Indonesia.
Electoral Integrity and Democratic Governance in Indonesia Edy Lisdiyono; Nindya Dhaneswara; Rianmahardhika Sahid Budiharseno
Law and Democracy Insight Vol. 4 No. 1 (2026): June 2026
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-501

Abstract

Electoral integrity is a fundamental element in democratic governance because it plays a role in building government legitimacy, strengthening accountability, increasing transparency, and encouraging public political participation. This study aims to analyze the relationship between electoral integrity and democratic governance in Indonesia through a normative-juridical approach by examining various laws and regulations, legal doctrines, and relevant scientific literature. The analysis focuses on Law Number 7 of 2017 concerning General Elections and the International Covenant on Civil and Political Rights as the main legal frameworks governing the implementation of elections and the protection of citizens' political rights. The results show that electoral integrity contributes significantly to strengthening democratic governance through the implementation of free, fair, transparent, and accountable elections, thereby increasing public trust in democratic institutions. However, various challenges, such as digital disinformation, cybersecurity threats, political polarization, the practice of money politics, and election result disputes, continue to affect the effectiveness of election administration. Therefore, strengthening the legal framework, institutional capacity of election organizers, independent oversight, and public political literacy are strategic steps to maintain the legitimacy, quality, and resilience of democracy in Indonesia.
The Politics of Law and the Challenges of Achieving Equitable Law Enforcement in Indonesia Grace Juanita
Law and Democracy Insight Vol. 4 No. 1 (2026): June 2026
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-504

Abstract

The politics of law plays a strategic role in shaping the direction of regulation-making and the effectiveness of law enforcement in Indonesia. However, law enforcement practices continue to face various challenges, such as the dominance of political interests, suboptimal public participation, weak regulatory harmonization, and issues regarding the independence and integrity of law enforcement officials. This study aims to analyze the role of the politics of law in achieving responsive and just law enforcement in Indonesia and to formulate strategies for strengthening it. The research employs a normative-juridical method utilizing statutory, conceptual, and case-based approaches through a literature review of primary, secondary, and tertiary legal materials. Qualitative analysis is conducted using legal interpretation and deductive reasoning. The findings indicate that the effectiveness of law enforcement is significantly influenced by the quality of the politics of law, particularly regarding the implementation of Law Number 48 of 2009 concerning Judicial Power; Law Number 12 of 2011 concerning the Formation of Legislation (as amended by Law Number 13 of 2022); and Law Number 30 of 2002 concerning the Corruption Eradication Commission (as amended by Law Number 19 of 2019). Strengthening the politics of law through participatory regulation-making, enhanced official integrity, the independence of law enforcement institutions, and effective oversight is a key factor in realizing a law enforcement system that is responsive, accountable, and just.
Protecting Democracy in the Digital Era through Artificial Intelligence Governance Ahmad Arif Syarif; Muhammad Marizal
Law and Democracy Insight Vol. 4 No. 1 (2026): June 2026
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-509

Abstract

The rapid growth of digital transactions and e-commerce in Indonesia has intensified the need for an effective legal framework to safeguard consumer rights in the digital environment. This study aims to analyze the adequacy of Indonesia’s legal framework for digital consumer protection and identify the challenges in its implementation. The research employs a normative legal research approach by examining statutory regulations, legal doctrines, and relevant scholarly literature. The analysis focuses on the Consumer Protection Law (Law No. 8 of 1999), the Electronic Information and Transactions Law (Law No. 1 of 2024 amending Law No. 11 of 2008), the Personal Data Protection Law (Law No. 27 of 2022), and related implementing regulations. The findings reveal that although these legal instruments establish a fundamental framework for protecting consumer rights, personal data, and transaction security, significant challenges remain, including regulatory fragmentation, outdated legal provisions, weak enforcement, the prevalence of click-wrap agreements, and compliance difficulties among Micro, Small, and Medium Enterprises (MSMEs). The study concludes that strengthening digital consumer protection requires comprehensive legal reform, improved enforcement mechanisms, and the integration of legal and technological approaches to create a secure, transparent, and trustworthy digital marketplace.
Freedom of Expression and Human Rights in the Digital Era Vincentius Pantjahjono Heru Prasetyo; Rian Cahyo Bagastianto; Anjas Widayanto; Oktavia Patma Sulistyaningrum; Heru Tri Yanto; Ainul Masruroh
Law and Democracy Insight Vol. 4 No. 1 (2026): June 2026
Publisher : Integra Academic Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63208/21015-514

Abstract

Freedom of expression is a fundamental human right that plays an important role in ensuring public participation, information exchange, and the strengthening of democratic values. The development of digital technology has expanded the exercise of freedom of expression through various electronic platforms that enable individuals to convey opinions more quickly and broadly. However, digital transformation has also generated new legal challenges related to human rights protection, information governance, and the protection of digital rights. This study aims to analyze the effectiveness of freedom of expression regulation from a human rights perspective and to examine the urgency of addressing this issue in the digital era. The research employs a normative juridical method using statutory, conceptual, and human rights approaches. The legal materials consist of Law Number 39 of 1999 concerning Human Rights, Law Number 1 of 2024 concerning Electronic Information and Transactions, and Law Number 27 of 2022 concerning Personal Data Protection, supported by scholarly literature published over the last five years. The findings indicate that these regulations provide a relatively adequate legal framework for protecting freedom of expression in digital spaces. Furthermore, the discussion remains increasingly urgent as technological developments continue to create new challenges requiring adaptive, proportional, and sustainable human rights protection.

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