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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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Public Trust as a Measure of Democratic Legitimacy: Electoral Governance in Indonesia Lusia Sulastri; Bahtiyar Efendi; Gugun Gumilar
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: 10.63208/21015-518

Abstract

Public trust is a critical indicator of democratic legitimacy because it directly shapes citizens’ confidence in electoral institutions, constitutional governance, and democratic processes. This study examines public trust as a measure of democratic legitimacy in Indonesia using a normative juridical research method. Using both a statutory and a conceptual approach, the analysis focuses on primary legal materials, notably Law No. 7 of 2017 on General Elections and Article 25 of the International Covenant on Civil and Political Rights (ICCPR), as well as secondary legal materials, including legal literature, jurisprudence, and scholarly doctrine. The normative legal findings demonstrate that institutional transparency, statutory accountability, procedural electoral fairness, and robust guarantees of political rights are essential legal parameters that reinforce public trust and democratic legitimacy within Indonesia's constitutional framework. However, operational and socio-legal challenges, such as information manipulation, acute political polarization, and recurring electoral disputes, continue to test public confidence in the electoral system. The study concludes that enhancing legal certainty, strengthening institutional enforcement, and reforming electoral governance frameworks are indispensable imperatives for preserving democratic legitimacy, safeguarding citizens' constitutional rights, and sustaining democratic stability in Indonesia.
Legal Analysis of Buy Now Pay Later under Positive Law and Islamic Economic Law: Riba, Gharar, and Transactional Justice Siti Lintang Saputri; Nazaruddin Al-Farisi
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: 10.63208/21015-522

Abstract

Buy Now Pay Later (BNPL) is a digital financing service that allows consumers to acquire goods or services upfront and complete payment later, either as a lump sum or through installments. The growth of BNPL raises legal questions regarding contract validity, consumer protection, riba (usury), gharar (uncertainty), and transactional justice. This study uses a normative legal method with statutory and conceptual approaches. Legal materials were analyzed based on statutory provisions specifically Law Number 8 of 1999 on Consumer Protection and Financial Services Authority Regulation (POJK) Number 32 of 2025 on the Operation of Buy Now Pay Later (BNPL) National Sharia Board-Indonesian Council of Ulema (DSN-MUI) fatwas, and scholarly literature published between 2021 and 2025. This study examines the legal position of BNPL under Indonesian positive law, the mechanisms of BNPL in light of the prohibitions against riba and gharar in Islamic economic law, and the application of justice principles in BNPL transactions. The results indicate that BNPL holds a recognized legal standing as a financing service regulated within Indonesia's financial system. However, formal legality does not automatically equate to Sharia compliance. The presence of riba and gharar depends on contract design (akad), fee structures, late penalties, information disclosure, and underlying financing mechanisms. Therefore, BNPL operations must prioritize contract clarity, transparency, consumer protection, and transactional justice.
Anti-Disinformation Regulation and Freedom of Expression in Digital Democracy Haitham Abdul Wahhab Mohammed; Mohd Zakhiri Md. Nor; Mansyur Bayu Saputro
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: 10.63208/21015-528

Abstract

The development of information technology has expanded the space for freedom of expression while simultaneously increasing the spread of hoaxes and disinformation that may affect the quality of democracy. This condition creates the need for legal regulation capable of balancing the protection of public interests with respect for human rights. This study aims to analyze the effectiveness of regulations in addressing hoaxes and disinformation and to examine the urgency of such regulations in maintaining the quality of digital democracy. The study employs a normative juridical method using statutory and conceptual approaches. Primary legal materials consist of Law Number 39 of 1999 concerning Human Rights, Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 on Electronic Information and Transactions, and Law Number 1 of 2023 concerning the Criminal Code. The findings indicate that regulatory effectiveness is determined not only by the existence of legal norms but also by the implementation of legality, proportionality, and human rights principles. Furthermore, the regulation of hoaxes and disinformation is essential for preserving the quality of the public sphere, strengthening democratic resilience, and ensuring responsible freedom of expression in the digital era.
Legal Frameworks Governing Digital Consumer Protection in Indonesia: Evaluating Regulatory Effectiveness, Consumer Rights, and Governance in the Digital Economy Muchammad Shidqon Prabowo
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: 10.63208/21015-536

Abstract

The rapid growth of digital transactions and e-commerce in Indonesia has increased the need for a stronger legal framework to protect consumers. This study employs a normative legal research approach to examine the legal frameworks governing digital consumer protection through the analysis of legislation, legal doctrines, and relevant scholarly literature. It reviews key regulations, including the Consumer Protection Law (Law No. 8 of 1999), the Electronic Information and Transactions Law, the Personal Data Protection Law (Law No. 27 of 2022), and supporting government regulations. Although these legal instruments provide a foundation for protecting consumer rights, data privacy, and transaction security, several challenges remain, including fragmented regulations, outdated legal provisions, weak enforcement, and the widespread use of click-wrap agreements. MSMEs also face difficulties in complying with personal data protection requirements because of limited financial and technological resources. The study argues that Indonesia should strengthen digital consumer protection through comprehensive regulatory reform, more effective enforcement mechanisms, and the integration of legal and technological approaches based on international best practices. These measures are expected to promote a secure, transparent, and fair digital marketplace while ensuring stronger protection of consumer rights.
Recovery of Assets from the Proceeds of Corruption Through the Follow-the-Money Approach: Implementation of Law Number 8 of 2010 Sheha A. Habib; Shukhrat Nuralievich Ruzinazarov
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: 10.63208/21015-549

Abstract

This study aims to analyze the implementation of Law Number 8 of 2010 concerning the Prevention and Eradication of the Crime of Money Laundering in supporting the recovery of assets derived from corruption. The research employs a normative-juridical method, utilizing both statutory and conceptual approaches. The analysis focuses on provisions regarding asset tracing, freezing, seizure, forfeiture, and restitution, as well as the various obstacles encountered during their implementation. The findings indicate that Law Number 8 of 2010 provides a legal basis for applying the “follow the money” approach to trace and secure the proceeds of crime. Utilizing money laundering instruments enables law enforcement to target not only offenders but also the economic benefits derived from crime. However, asset recovery remains suboptimal due to asset concealment, commingling with legitimate property, forfeiture limitations, inter-agency coordination issues, and challenges involving assets located abroad, creating a gap between legal frameworks and implementation. Consequently, there is a need to strengthen regulations, institutional coordination, and capacities for asset tracing and management, as well as to enhance international cooperation. Such measures are essential to ensure that the money laundering regime yields more effective asset recovery outcomes while upholding legal certainty and protecting the rights of parties acting in good faith.
Reconstructing Indonesia’s Green Constitution: From Anthropocentric Environmental Rights Toward Ecocentric Constitutionalism I Gusti Bagus Suryawan
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: 10.63208/21015-550

Abstract

The recognition of environmental rights within constitutional frameworks represents a significant transformation in modern constitutional law. Indonesia has been categorized as a country with a green constitution due to the incorporation of environmental protection principles into the 1945 Constitution, particularly Article 28H paragraph (1), which guarantees the right to a good and healthy environment, and Article 33 paragraph (4), which requires sustainable and environmentally oriented economic development. These constitutional provisions demonstrate Indonesia’s commitment to integrating ecological considerations into state governance. However, despite strong constitutional recognition, environmental degradation, ecological conflicts, and unsustainable natural resource exploitation remain persistent challenges. This study examines whether Indonesia’s environmental constitutional framework has moved beyond an anthropocentric paradigm toward an ecocentric constitutional approach. Using normative legal research with statutory and conceptual approaches, this study analyzes constitutional provisions, environmental legislation, and contemporary theoretical developments in environmental constitutionalism. The study argues that Indonesia possesses a strong normative foundation for environmental protection; however, its constitutional environmental framework remains predominantly human-centred because environmental protection is primarily constructed as a means of protecting human welfare rather than recognizing the intrinsic value of nature.

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