Kajian Ilmiah Hukum dan Kenegaraan

Peran Negara dalam Menjamin Kebebasan Berekspresi Menurut Konstitusi dan Hukum HAM

Rudi Natamiharja — 2025-06-05

Purpose: This study aims to critically analyze the role of the Indonesian state in guaranteeing freedom of expression as a constitutional and human right while examining the legal challenges and restrictions that hinder its implementation.

Methodology/approach: This research applies a normative legal method using a conceptual and statutory approach. This study is based on legal instruments such as the 1945 Constitution of the Republic of Indonesia, the Electronic Information and Transactions Law (ITE Law), the revised Criminal Code (KUHP), and international human rights standards, particularly the ICCPR. Relevant judicial decisions and academic legal doctrines were reviewed.

Results/findings: The findings indicate a normative gap between the constitutional guarantee of freedom of expression and the repressive implementation of sectoral regulations. Laws such as the ITE Law and the Criminal Code are frequently misused to criminalize criticism, especially on digital platforms, thus undermining democratic principles.

Conclutions: The state plays a dual roleas both protector and limiter of freedom of expression. However, an imbalance in the exercise of these roles has led to systematic human rights violations. Legal harmonization and stricter adherence to international standards are urgently required.

Limitations: This study is limited to normative analysis and does not include empirical data or case studies involving victims of expression-related repression.

Contribution: This study contributes to the legal scholarship on constitutional rights, particularly in the field of freedom of expression and democratic governance. It may benefit researchers, legal reform advocates, policymakers, and human rights institutions concerned with freedom of speech in Indonesia and other democratic legal systems.

Hambatan Pelaksanaan Putusan Pengadilan oleh Pemerintah

Vergilius Septyanto Lamabelawa — 2025-06-05

Purpose: To explain the obstacles in the implementation of court decisions, as well as to describe the government's non-compliance in executing court rulings from the perspective of the principles of the rule of law and the principles of a democratic state.

Methodology/approach: This research uses a normative approach to analyze legal issues related to the implementation of court decisions by the government, utilizing legislative and bibliographic approaches.

Results/findings: The implementation of court decisions is based on the good faith of the government. This government action is justified by the principle that the government cannot be declared bankrupt and the principle of contrarius actus. It is also reinforced by regulations in the legislation.

Conclutions: The government's liability is a form of repressive legal action to protect society from unlawful acts by the authorities (onrechtmatig overheidsdaad). However, the implementation of court decisions relies on the good faith of the government. The government's disobedience in executing decisions based on its good faith reflects a violation of the principles of the rule of law and democracy, and the government's actions contradict the principles of good governance.

Limitations: This research is limited to normative research and is only of a recommendation nature. The implementation is up to the government to carry out.

Contribution: Providing understanding in the development of legal science, and hopefully offering benefits for legal practitioners.

Eksistensi Kotak Kosong dalam Pemilihan Kepala Daerah terhadap Sistem Demokrasi Lokal

Alvin Alyonni — 2025-06-12

Purpose: This study investigates the legal legitimacy and democratic consequences of the “empty box” (kotak kosong) mechanism in Indonesia’s local elections, particularly in uncontested single-candidate regional head races. The increasing frequency of such elections raises concerns regarding diminished political competition, legitimacy, and voter choice within Indonesia’s democratic processes.

Methodology/approach: This study adopts a normative juridical approach by analyzing statutory laws, especially Law No. 10 of 2016, and key Constitutional Court rulings, such as Decision No. 100/PUU-XIII/2015. Additionally, this study incorporates secondary data from relevant local election cases and academic literature published between 2016 and 2024.

Results/findings: The findings reveal that the empty box mechanism is legally acknowledged and constitutionally permitted as a tool for democratic resistance. However, its increasing usage reflects systemic problems: weak internal democracy among political parties, the dominance of political elites, and the absence of viable alternatives. These factors contribute to declining electoral competitiveness and limit the meaningful participation of voters.

Conclusions: While the empty box offers a symbolic form of dissent, it does not resolve deeper structural constraints undermining local democratic processes. This mechanism highlights dissatisfaction but fails to generate substantive democratic alternatives.

Limitations: This study is limited to doctrinal legal analysis and case study reviews without empirical field research, which may restrict the generalizability of its findings to other countries.

Contribution: This study contributes to the ongoing discourse on electoral reform in transitional democracies by assessing the empty box as an instrument of political expression and identifying the need for structural democratic improvements.

Perlindungan Hukum Pasca Perceraian: Analisis Strategi dan Implementasi di Indonesia

Tajuddin Noor — 2025-07-25

Purpose: This research aims to analyze post-divorce legal protection in Indonesia, focusing on its strategy and implementation, as well as to explore the challenges faced by divorced individuals in accessing their rights.

Methodology/approach: The research uses the normative juridical method to analyze relevant legal norms. The researcher also examines dispute resolution mechanisms both in litigation and non-litigation.

Results/findings: The results show that despite a clear legal framework, many individuals do not receive adequate legal protection. This is due to social stigma, lack of understanding of rights, and weak execution mechanisms.

Conclusion: Legal protection for individuals after divorce in Indonesia still faces various challenges. It is necessary to increase the capacity of judicial institutions and public understanding to guarantee the rights of individuals after divorce.

Limitations: The limitations of this research include limitations in the scope of the study which may not cover all social and cultural aspects that affect the implementation of legal protection and there may also be bias in the data used.

Contribution: The contribution of this research lies in a deeper understanding of the challenges faced after divorce and provides recommendations for improvements in the legal system and protection for individuals, especially children and ex-spouses.

Meninjau Komitmen Indonesia Melarang Senjata Tertentu dalam Konflik menurut Hukum Humaniter Internasional

Maria Wilhelsya Inviolata Watu Raka — 2025-06-15

Purpose: The use of prohibited means in armed conflict aims to respect and uphold the principles of humanity and proportionality in International Humanitarian Law (IHL) and prevent unnecessary injuries. This study aims to determine Indonesia's international commitment to respecting the principles of IHL through Indonesia's participation in international agreements on the prohibition of the use of certain weapons.

Methodology/approach: This study implements a normative method by analyzing Indonesia's participation in international agreements related to the use of prohibited weapons during times of conflict.

Results/findings: This study found that Indonesia's participation in these agreements is low, which has an impact on the few national regulations governing the prohibition of the use of prohibited means during times of conflict.

Conclusion: Indonesia needs to strengthen its commitment to the principles of humanity and proportionality under international humanitarian law by ratifying legal instruments prohibiting certain weapons. This step should be accompanied by internal military policies and official political statements demonstrating respect for humanitarian law, both in written and customary international law.

Limitations: This research is limited to inventorying Indonesia's participation in international agreements related to the prohibition of the use of certain means in armed conflict.

Contribution: This research is expected to be a reference for investigating national laws or actions of the Indonesian Government regarding the prohibition of the use of certain weapons in armed conflict.