Indonesian Parliament Research Articles

Laki-Laki sebagai Sekutu Gerakan Feminis: Pelibatan Laki-Laki sebagai Strategi Gerakan Advokasi yang Dilakukan oleh Jaringan Masyarakat Sipil dalam Mendorong Pengesahan Undang-Undang Tindak Pidana Kekerasan Seksual

This research discusses the advocacy strategy carried out by the Civil Society Network (JMS) by involving men to push for the ratification of the TPKS Law. By referring to the theory of the strategic capacity of gender equality policy advocates by Htun and Weldon, JMS has used organizational capacity through strategies of (1) framing demands; (2) building networks, and (3) lobbying policymakers. This study uses a qualitative method by conducting in-depth interviews to obtain primary data and collecting secondary data through a study of documents including regulations, news, and previously existing scientific papers. The findings from this study indicate that JMS involves men in advocacy strategies that are carried out by utilizing the privileges of men. For instance, the involvement of male religious leaders to counter the narrative of rejection of the TPKS Law which considers the TPKS Law to be inconsistent with the religious and moral values of the Indonesian people. Apart from that, JMS also involves male legislators who have a strategic position as Chairperson of the TPKS Law Working Committee to help lobby other members of the Indonesian Parliament.

Pergerakan Pejuang Perempuan di Kota Makassar Pasca Kemerdekaan 1945-1960

This research aims to explain the dynamics of the women's movement in Makassar City after the Indonesia Proclamation of Independence (1945-1960). During the physical revolution, women participated in the battlefield by involving themselves as nurses, taking care of public kitchens, and being active in the army. Once Indonesia received recognition of sovereignty, women began to form and develop various organizations that were active in the social, economic, educational, cultural, and political fields. In Makassar, female figures such as Emmy Saelan, Siti Mulyati Hasyim, Salawati Daud, and Milda Mathilda Towoliu were recognized. By 1955, some of them were actively involved in the Indonesian parliament. This research relies on historical research by tracing static archives, magazines, and newspapers of the time along with related literature. The research found that the experience during the physical revolution, followed by the regional upheaval in the 1950s, became the background for the women's ideas of unity and love for the country to involve themselves in politics in Makassar.

Indonesia's New Criminal Code and Its Implication Of International Treaties of Human Rights Commitment in Indonesia

On the 6th of December 2022, the Indonesian Parliament officially signed the new Indonesian Criminal Code. Although it was signed, the problem is the new Indonesian Criminal Code is still widely rejected by some people in Indonesia one of the reasons is the new Criminal Code decreases democracy and human rights in Indonesia. Indonesia like any other nation had signed several international treaties that focused on human rights, democracy and transparency. The question is the new Indonesian New Criminal code breach Indonesia's commitment to the treaties that protect the human right that it signed? The methodology of this research uses a literature review with the object of an international treaty and uses data and information from internet network tracing which is then expert opinion. The result of the research shows that the new Indonesian criminal code had a potential breach of international commitment to human rights, especially in the freedom of speech and private life because Indonesia lawmakers argue that not all values of human rights will be suitable in Indonesia which is criticized by The United Nation because it's against the universal value of human rights which already ruled in core human rights convention, it can be said that Indonesia had partially breached its international commitment to fully implement the core convention of human rights. This paper will conclude that it’s a big achievement for Indonesia because finally had the original Criminal Code made by the Indonesian but the problem with the new Criminal Code is that Indonesia did not fully integrate with the International Core Convention of Human Rights because of view that not every human right can be implemented in Indonesia although the value of human rights should universal.

Empowering Voices: Building an Electronic Petition System for Strengthening Freedom of Speech in Indonesia

Currently, the issue of freedom of expression poses a significant challenge in Indonesia. Despite being a democratic nation, the scope of people's freedom of expression is largely confined to electoral processes. In order to advance this fundamental right, the implementation of an electronic petition system has been undertaken as a means to facilitate the exercise of freedom of expression. The primary objective of this research is to examine the status quo of freedom of expression in Indonesia and to analyze the pressing need for the adoption of an electronic petition system. This study employs a normative legal approach and conducts comparative analysis with the United Kingdom and Germany, utilizing secondary data sources. The findings of this research demonstrate that Indonesia would greatly benefit from the adoption of an e-democracy system through the implementation of an electronic petition system. The efficacy of such a system has been successfully demonstrated in the United Kingdom and Germany, where it has served as an effective intermediary between the public and the government, ensuring sustained public participation and influencing governmental decision-making processes. In order to implement the electronic petition system in Indonesia, several crucial steps must be undertaken. These steps include the establishment of a Petition Committee, the formulation of Petition Laws, and the official recognition of a dedicated website serving as the electronic petition platform in Indonesia. Additionally, political will and legislative enforcement will be required to ensure the Indonesian Parliament's commitment to act upon the outcomes of these petitions.

Masa Jabatan Kepala Desa: Suatu Wacana

It is generally known that the duration of the Village Head's leadership period generally only lasts for 6 years based on Law Number 6 of 2014 concerning Villages. However, lately there has been a viral case, in an effort to extend the tenure of the village head from six years to nine years, the village heads asked the Indonesian Parliament to revise this provision. Members of the Village Head who are members of the Papdesi (All-Indonesia Association of Village Government Apparatuses) flocked to Jakarta, to be precise in front of the DPR Building to hold a demonstration demanding an extension of their term of office. Provisions regarding the tenure of the Village Head are contained in Article 39 of the Village Law, which states that (1) The Village Head serves for 6 (six) years from the date of inauguration; (2) The Village Head in accordance with paragraph (1) may serve a maximum of 3 (three) consecutive or non-consecutive terms of office.

WHO ARE THE BREADWINNERS?

Polygamy is a highly controversial topic and the object of serious political contestation in Indonesia. Although all major Muslim organizations consider polygamy is allowed under Islamic Law, the practice is not without stigma. In 1974 when Indonesia adopted its current Marriage Law, the Indonesian parliament decided to tie polygamy to strict conditions. This law however failed to prevent the practice of unregistered polygamous marriages. Women in unregistered polygamous marriages formally hold no rights as lawful wife in case of a divorce or death of the husband. The question is what arrangements the second, third or fourth wife in unregistered polygamous marriages have made with their husband in view of the lack of legal recognition of their rights as wife. What are the consequences of non-recognition of their marriage for these women? Does legal insecurity in practice also mean economic and social insecurity? Does the husband fulfill his obligations and responsibilities towards his wives and their families? This article aims at answering those questions by looking in-depth at a selection of three case studies, which were collected during a total of nine months of research in Jakarta in 2015 and 2016. This article is part of the socio-legal domain, combining legal analysis with anthropological approaches. The starting point of the research is a legal one: the disadvantaged legal position of women whose polygamous marriage has not been registered, but a large part of the research is based on anthropological methods. Through the experiences of these women, the paper reveals a range of personal reasons and underlying causes for unregistered Islamic polygamous marriages as well as their consequences–including legal ones. The paper depicts a great diversity in the ways husbands and wives view and organize their responsibilities within their polygamous households.

Dinamika Kebijakan Keterwakilan Perempuan Pasca Reformasi Di Dewan Perwakilan Rakyat Republik Indonesia (DPR-RI)

The background of this research is the phenomenon of female minority groups in the Indonesian parliament DPR-RI. The formulation of the problem that arises is how is the representation of women in the post-reform parliament? This research uses political recruitment theory and party typology. This study uses a qualitative method of library research, especially previous studies. This study finds women's affirmation policies have been present in the post-referral election law. However, the implementation of the rules is still not effective in increasing the number of women representatives at the national level of the DPR-RI. Several inhibiting factors; First, the 30 percent quota regulation for women in political contestation is still a nomination. Second, the dominance of party elite decisions with a patriarchal mindset is often an obstacle that hinders women's political participation. Third, the pattern of party recruitment tends to be pragmatic in the nomination of cadres as candidates for legislative members.

Improving Legislative Performance by Strengthening Authority and Increasing Obligations

The Regional Representative Council (In Indonesia: DPD/Dewan Perwakilan Daerah) is a government institution formed with noble intentions, to strengthen the representation of regional people so that their issues are fought for in the central government. However, in actual political practice, DPD is constrained by existing regulations in Indonesia, making DPD a legislative body without a clearly defined function and authority, and causing its inability to help increase the output of legislation. The legislature's performance, which increasingly often receives negative comments from the public, is a wake-up call for the Indonesian parliament to improve. This study aims to analyze the legal facts of the chaos of the Indonesian constitutional system that is not optimal in utilizing existing institutions such as DPD. This study also purposes to strengthen the urgency in correcting the mess through legal reform at the constitutional and legislative levels. The normative juridical legal method was used to investigate this matter, which refers to the positive regulations or laws that have been in force in Indonesia, which regulate the Indonesian constitution. As an institution with great potential for assisting the function of the House of Representatives (hereafter called DPR/Dewan Perwakilan Rakyat), DPD has always been neglected by Indonesian constitutional law politics according to this study. This research highlights the problems restricting the Indonesian government in connecting, understanding, and most importantly solving the problems that effect the lives of local communities, and how DPD has the potential to fix if given a better position in the legislation system.

The Parliament and Cooperative Oversight of the Indonesian Armed Forces: Why Civil–Military Relations in Indonesia is Stable but Still in Transition

Parliamentary oversight is a cornerstone of democratic control of the armed forces, but its influence on civil–military relations (CMR) remains underexplored. We argue that parliaments in transitioning democracies face unique structural challenges in developing robust oversight of the military compared to advanced democracies. We developed a typology of three distinctive types of parliamentary oversight and proposed that cooperative oversight potentially offers a solution to structural challenges faced by parliaments in transitioning democracies. In our case study of Indonesia, cooperative oversight promoted harmonious working relations between the Parliament and the military/executive, stabilizing CMR. However, cooperative oversight also stalled civil–military reforms, eroded democratic management of the defense sector, and reinforced an unhealthy dependence on the military to self-regulate and the President’s appointment power of the armed forces’ commander. Over the longer term, we believe that the Indonesian Parliament needs to incorporate a mix of oversight strategies and raise its institutional capacity to strengthen oversight of the defence sector.

Post-Pandemic Legislation in Indonesia

Abstract Since the imposition of lockdowns or restrictions on social mobility in response to pandemics in 2020, the operations of many governments have undergone a radical transformation. Indonesia’s compliance with the new health protocols did not stand out as exceptional in this regard. This article investigates how and to what extent the Indonesian Parliament utilized ict during the pandemic, as well as the future viability of ict as a legislative tool. This article argues that the Parliament’s use of ict during the pandemic improved its effectiveness, efficiency, and openness in carrying out its responsibilities. In addition, the number of mp s in attendance – albeit virtual – increased. This article suggests that appropriate regulation is required to authorize the use of ict in legislative activities and that trained human resources are necessary to address cyber-related errors resulting from external threats. Additionally, the adoption of ict should not be limited to digitizing legislative activities. It must be founded on the institution’s core business.

Indonesia’s Approach to International Treaties

The relation and interaction between international and domestic law is one of the classic issues in international and it controversy remains in the realm of theory and practice. This is an issue of which many generations of both international and constitutional lawyers have wrestled, are wrestling and will continue to wrestle. For the Indonesian context, this issue is also still far from clear. The Indonesian Constitution of 1945 stipulates that the President of the Republic of Indonesia has the authority to conclude treaties with other countries. However, it does not clearly and specifically govern the status and position of international treaties under the Constitution. As a result, the Indonesian approach to international treaty is rather pragmatic, which is susceptible to some inconsistencies. It can be seen for instance in several decisions of the Indonesian Constitutional Court that clearly demonstrates the ambiguity towards international treaty. The Indonesian Parliament (DPR) argues that Indonesia should put emphasize to the national interests when Indonesia concluded international treaties. For a certain extent this approach is vulnerable to disregard international obligations in the name of national interests. There are some legislation for instance in the field of trade, which contains national interests clause that potentially will put Indonesia as the party that disregards its international obligations. This paper argues that national interests and international obligations are mutually inclusive, and not mutually exclusive element. To this end, international treaties should have a clear status and position under the Indonesian constitution to ensure that national interest and international obligation are working in harmony.

Stigmatization of Former Corruption Convicts in Indonesian Parliament Elections

Stigmatization of Former Corruption Convicts in Indonesian Parliament Elections

Human Right and Indigenous Peoples : Transitional Justice Approach

This research focuses on respecting, recognizing, protecting and fulfilling the human rights of indigenous peoples in Indonesia. Through a comparative law approach in European and Asian countries that have substantially recognized and protected the human rights of indigenous peoples in Indonesia. The problem are how is the model for regulating customary land management by indigenous peoples based on Human Rights and Local Wisdom in terms of Indonesia's transitional justice approach? and Second How can the recognition and protection of the enforcement of human rights over customary land in Indonesia be viewed from the transitional justice of Asian and European countries that have implemented indigenous peoples' human rights?. In its development in European countries, the discussion of indigenous peoples is already at the stage of regulating and fulfilling human rights. There are even special laws that regulate indigenous peoples as well as Asian countries. The Indonesian government is still at a lower level and is still debating the arrangements for the recognition of the existence of indigenous peoples. Even though the discussion of the Bill on Indigenous Peoples at the Indonesian People's Representative Council has entered its second year (President Jokowi). Through a transitional justice approach, this article formulates the regulatory norms for indigenous peoples adopted from several laws of indigenous peoples in European and Asian countries. This is intended to provide a legal framework for the Indonesian government and the Indonesian Parliament to immediately provide legal recognition and protection for indigenous peoples in Indonesia immediately.

The disappearance of the ‘legislative model': Indonesian parliament's experience in response to Covid-19

ABSTRACT The argument that choosing a legislative model will strengthen Parliament's checks and balances in an emergency has not been proven in Indonesia. Due to the high president’s constitutional legislative power, combined with his coalition supported by a majority of parliamentarians in Covid-19 emergency, left parliament to serve much of the executive’s agenda. This paper compares the law-making process in the parliamentary period before and during the pandemic. Extreme partisan power will allow the executive to control the legislative agenda and weaken Parliament's legislative power under the pretext of the Covid-19 pandemic emergency. The ‘legislative model’ is no longer viable; instead, various laws have been passed, unrelated to Covid-19.

Omnibus Law and the Challenges of the Indonesian Agricultural Sector: an Islamic Perspective

At the end of 2020, the Indonesian Parliament approved the Job Creation Law, commonly known as the "Omnibus Law", which introduces key amendments to several sectors, including the agriculture sector. Through this legislation, the Indonesian government plans to increase food trade and open up opportunities for the private sector to be more involved in increasing Indonesia's agricultural productivity. However, many observers consider that the Omnibus Law is unfavourable for farmers and the agricultural sector because it no longer requires the government to prioritize local agriculture products, and only imposes an obligation on the government to increase the productivity of local agriculture. Imports become one of the main sources of domestic food supply, apart from domestic production and national food reserves. The law will also remove the restriction for foreign investment in the horticulture sector and introduce a land bank to collect vacant land which will be redistributed by the government. Based on this background, this article aims to provide an overview of the impact of the Omnibus law on the current agricultural sector in Indonesia. A descriptive analysis method is used to compare the Omnibus law with the original laws relating to the agriculture sector. Finally, by taking on an Islamic perspective, it will discuss the substance of the Omnibus law, the essence of the Indonesian agriculture sector in relation to relevant regulations in terms of challenges and upcoming prospects, as well as policy implications as a conclusion.

Meningkatkan Kepercayaan Publik dan Reputasi Dewan Perwakilan Rakyat Melalui Program Parlemen Remaja

Many surveys show that the level of public trust in the Indonesian parliament (DPR) often occupies the lowest position compared to other government institutions. This study aims the efforts of the PR Bureau of the DPR in organizing the Parlemen Remaja (the Youth Parliament) program as an attempt to improve public trust and reputation through political education for the younger generation, to understand better the reputation management and relationship management mechanisms applied by PR Bureau of the DPR. The research method using an evaluation was carried out using the reputation management theory and relationships management theory of political public relations. Data collection techniques were carried out through literature study and in-depth interviews. The findings indicate that the Youth Parliament program is considered helpful in increasing student interest in politics, providing opportunities to interact with the community, and can improve their perception of the DPR. Moreover, the students can be used as brand ambassadors for the DPR by endorsing the Indonesian parliament on social media and doing word of mouth in their social milieu. It can be concluded that the program is fruitful in increasing positive perceptions and bridging the relationship between the DPR and its key stakeholders, but it is not significant enough to increase public trust and the institution's reputation.

Social media communication: content analysis of Indonesian parliament instagram account

This study aimed to analyse the dialogic communication by The House of Representatives through Instagram of the Republic of Indonesia (DPR-RI) as part of public institutions. This study is prompted by the low public trust in DPR using dialogic communication in Instagram. DPR-RI Instagram account is one of the most popular accounts among Indonesian government bodies’ Instagram accounts. Having 470,000 followers, DPR_RI’s Instagram has uploaded 6,347 photos and videos. The research method used was quantitative content analysis. This study also used thematic units that examined the topic or discussion of a text. The populations in this study were the posts on the Instagram account of DPR RI (@dpr_ri) from January 2015 to December 2020. The sample in this study amounted to 600 posts where, in each year, 100 posts were taken as a sample. The result indicates that DPR Instagram account has not applied the principle of dialogic communication. The low number of posts suggesting a dialogue with the public and stakeholders signifies this finding. DPR could use the results of this study to improve their public communication, especially in the use of social media.

Legal Protection of Political Rights of Persons with Disabilities to be Elected as Candidates for Members of the House of Representatives in General Elections: A Comparative Study between Kenya and Indonesia

In this article, the researchers examine the legal protection of the political rights of persons with disabilities to become members of the House of Representatives in Kenya and Indonesia using a statute approach and a comparative law approach. This study aims to find a good and responsive form of legal protection to fulfil and enforce the political rights of persons with disabilities to be elected as candidates for members of the House of Representatives by comparing the Constitution and the General Election Law in force in Kenya and Indonesia. The statutory regulations as the objects of this study are the Constitution of Kenya of 2010, the Election Act of Kenya No. 24 of 2011, the 1945 Constitution of the Republic of Indonesia, and the Law of Republic of Indonesia No. 7 of 2017 about the General Election. This comparison allows the researchers to implement a legal construction of the Law of the Republic of Indonesia No. 7 of 2017 on the General Election. This can provide legal certainty and justice for the fulfilment and enforcement of political rights for persons with disabilities to be elected as candidates for members of the Indonesian Parliament or the House of Representatives (Provincial or Regional/City) in a democratic and just General Election.

Perbandingan Prosedur Pengangkatan Anak Menurut Hukum Positif Indonesia Dengan Hukum Islam

There are various law systems in Indonesian civil law system. This kind of condition makes child adoption could use one of the governing law systems. This research is focusing on finding civil law systems that is actively governing in Indonesia and comparing the child adoption law between Islamic law and Indonesian civil law. This research uses normative-comparative approach, descriptive method, secondary data, and qualitative analysis. The result of this research shows that at least there two civil law systems in Indonesia, they are Islamic civil law (which uses Islamic Law Compilation) and Indonesian civil law (which uses various regulations made by the Indonesian parliament and government). Child adoption is regulated in Indonesian civil law and legally implicated to all parties involved. On the other hand, child adoption is not allowed in Islamic law. So that, child adoption in Islamic law will have no legal consequences to every parties involved, except the obligatory testament.

Illiberal tendencies in Indonesian legislation: the case of the omnibus law on job creation

ABSTRACT For the first time in the country’s legislative history, the Indonesian Parliament passed an omnibus law on job creation. By incorporating multiple statutory provisions from different types of law into a single Act, the omnibus law heralded a new age of Indonesian legislation. The legislation model of the omnibus bill, on the other hand, has been heavily criticised, with venues including marches, demonstrations, social media messages, and academic discussion forums. The government’s new omnibus bill format for the Job Creation Law, according to this article, endangers Indonesia’s parliamentary democracy by tilting it toward illiberalism. In illiberal democracies, public engagement is often ignored. Parliament does not have enough time to discuss the substance of Articles because they are lengthy and time-limited. An omnibus legislation, on the other hand, takes longer to complete due to the increased number of content rules. Consequently, rather than satisfying public expectations, the government’s policy has been distilled into the omnibus bill plan. Meanwhile, the omnibus bill has thrust society to the forefront of the legislative agenda. To be completely frank, the efficacy and effectiveness with which legislative laws convey people’s desires dictates the quality of legislation. As a result, this article proposes amending the legislation governing legal development by introducing an omnibus law model appropriate for Indonesia’s legal democracy.