Mimbar Keadilan

Equity and Equality in Legal Safeguards for the Rights and Duties of Political Party Members: A Normative Analysis

Sultoni Fikri, Reza Maulana Hikam — Mon, 21 Jul 2025 00:00:00 +0000

This article constitutes an examination of the legal protection of the rights and obligations of political party members, focusing on the crucial role of political party members in maintaining the health and dynamics of the political process. Additionally, this article comprehensively outlines the rights and obligations that govern the behavior of political party members. This research was conducted using the normative legal research method by analyzing primary and secondary legal materials, and applying normative or prescriptive analysis techniques. The analysis results indicate that the rights of political party members include the right to associate, assemble, express opinions, engage in politics, and obtain public office. Meanwhile, the obligations of political party members encompass concrete actions such as practicing Pancasila, upholding state integrity, participating in national development, upholding the supremacy of law, conducting political education, ensuring the success of general elections, and ensuring financial transparency. Furthermore, this article proposes improvements to Law No. 8/2008 in conjunction with Law No. 2/2011 to enhance the protection of the rights and obligations of political party members. This includes the important role of supervisory institutions and law enforcement agencies in safeguarding the rights and obligations of political party members, as well as ensuring compliance with the principles of democracy and the supremacy of law within the scope of political parties. In conclusion, this article provides a significant contribution to understanding the participation, rights, and obligations of political party members in the legal and democratic context of Indonesia.

Law and Justice in Timor-Leste: Challenges and Prospects

Reinaldo Francisco Luis — Mon, 21 Jul 2025 00:00:00 +0000

The legal and judicial system in Timor-Leste continues to face various structural and substantive challenges that hinder access to justice, particularly for communities in remote areas. The lack of judicial infrastructure, limited human resources, and the imbalance between customary legal mechanisms and the formal legal system are key factors that complicate the effective and equitable enforcement of the law. In the context of protecting vulnerable groups, such as women and children, the existing legal system has yet to fully provide optimal protection as mandated by the Constituição da República Democrática de Timor-Leste and other relevant legislation. This study aims to critically analyze the barriers and challenges to accessing justice in Timor-Leste and to evaluate the prospects for legal reform to enhance the effectiveness of the judicial system. Employing legal research methods and an empirical approach, this study examines the existing legal framework and its practical implementation through case studies and secondary data analysis. The findings reveal that the limited number of courts, the shortage of competent judges and prosecutors, and the unequal distribution of legal aid services constitute major obstacles within Timor-Leste’s judicial system. Furthermore, customary law—often the primary recourse for many communities—frequently conflicts with human rights principles, particularly regarding the protection of women and children. Legal reforms, including investments in judicial infrastructure, capacity building for law enforcement officials, and the harmonization of customary and formal legal systems, are essential to improving access to justice.

Is ‘Priority’ Just? Rethinking Constitutional Fairness in Indonesia’s Mining Law

Abd. Rohman, Rizky Bangun Wibisono — Mon, 21 Jul 2025 00:00:00 +0000

The governance of natural resources in Indonesia, especially the mining sector, remains a contested legal domain involving intersecting economic, political, and constitutional interests. Article 6 paragraph (1) letter j of Law No. 3/020 grants the central government the authority to designate WIUPK “on a priority basis,” raising constitutional questions about its alignment with Article 33 paragraph (3) of the UUD NRI 1945. Critics argue that the vague term “priority” invites discretionary abuse, perpetuates structural inequalities, and potentially legitimizes monopolistic practices in the name of development. This study aims to critically examine the constitutionality and practical implications of the said provision using a normative legal research approach. The method involves statutory analysis, jurisprudential review, and interpretative evaluation of relevant constitutional principles, including distributive justice and economic democracy. The findings suggest that while the provision may be justified as an affirmative policy instrument to promote equitable access to natural resources, its current formulation lacks clear legal criteria, thereby opening space for misuse. The Constitutional Court's Decision No. 77/PUU-XXII/2024 affirms that any prioritization must be grounded in transparent, accountable mechanisms and should reflect the principle of social justice. This decision also signals the importance of inclusive governance, public participation, and state responsibility in preventing legal inequality. Without substantial regulatory reform, the application of “priority” risks contradicting the very essence of constitutional fairness.

Enhancing Inclusive Access to Justice in Uzbekistan

Muhammadiyev Bahrоmjоn Qоdirjоn — Mon, 21 Jul 2025 00:00:00 +0000

Access to justice is a fundamental element in realizing an inclusive and democratic rule of law. In Uzbekistan, various reforms have been undertaken to enhance the affordability and accessibility of legal services for all members of society, particularly vulnerable groups such as women, children, and rural communities. However, several obstacles remain, including complex legal bureaucracy and a lack of public awareness regarding their legal rights. This study aims to analyze legal policies aimed at improving access to justice, identify the challenges faced, and explore strategies that have been implemented to create a more inclusive legal system. The research adopts a juridical approach, examining existing regulations and policies, along with an empirical analysis of the implementation of those policies in practice. The findings show that Uzbekistan has taken several progressive steps, including institutional reforms, the digitalization of the judicial system, and the provision of free legal aid. Nevertheless, challenges such as limited resources, rigid bureaucracy, and unequal access in rural areas remain major barriers. Therefore, a more integrated and collaborative approach involving the government, civil society organizations, and international institutions is required to ensure equitable justice for all citizens.

Revisiting Justice in Inclusive Education: A Case Study of Jombang

Mon, 21 Jul 2025 00:00:00 +0000

Inclusive education has become a fundamental principle within the Indonesian education system as an effort to ensure equal rights for all children, including those with special needs. However, the implementation of inclusive education policies at the regional level, particularly in Jombang Regency, reveals a gap between normative discourse and the reality of practice on the ground. The Jombang Regent Regulation No. 39 of 2014 serves as the legal basis for the implementation of inclusive education; however, its application does not fully reflect the principle of substantive justice for children with special needs. This study aims to critique the policy using philosophical and normative approaches to analyze the role of the state as the organizer of inclusive education. The methodology employed is a qualitative approach with textual analysis of legislation and observation of policy implementation in inclusive schools in Jombang. The research findings indicate that although inclusive education policies are legally and formally regulated, many deficiencies persist in practice, such as the lack of support teachers, unprepared curricula, and insufficient funding. These findings reflect the state's failure to uphold the principles of social justice and human rights for children with special needs. Inclusive education should be understood as an integral part of the state's obligation to achieve substantive justice, rather than merely an administrative requirement.

Access to Justice: Addressing Case Backlogs and Promoting Gender-Sensitive Alternative Dispute Resolution

Khurshid Rajib — Mon, 21 Jul 2025 00:00:00 +0000

Access to justice is a fundamental element in ensuring human rights and the rule of law. In Bangladesh, the judicial system faces serious challenges, most notably the issue of case backlogs that hinder the timely, fair, and efficient resolution of disputes. This study aims to analyze the root causes of the legal system’s congestion and to explore the potential of gender-sensitive ADR mechanisms as a means to broaden access to justice, particularly for vulnerable groups such as women. Using a descriptive qualitative approach, this study relies on secondary data from policy reports, academic publications, and relevant field studies. The findings indicate that the formal judicial system in Bangladesh is burdened by a lack of human resources and infrastructure, as well as by complex and gender-insensitive legal procedures. In contrast, ADR mechanisms such as mediation and arbitration hold significant promise for reducing the caseload of the courts and enabling more participatory and expedited dispute resolution processes. However, the effective implementation of ADR continues to face structural challenges, including gender bias, limited public awareness, and the need for institutional reform and gender-based training. Therefore, a multi-level approach that includes policy reform, gender-sensitive capacity building, and community advocacy is essential to promote a more responsive and inclusive legal system in Bangladesh.

Justice in the Internet Context: The Protection of Freedom of Expression Online Post Constitutional Court Decision Number 105/PUU-XXII/2024

Syofyan Hadi — Mon, 21 Jul 2025 00:00:00 +0000

The purpose of this study is to analyze justice on the Internet post Constitutional Court Decision Number 105/PUU-XII/2024 which provide strengthening of protection of freedom of expression on the Internet. This research is a normative legal research with a statutory, conceptual, and case approach. The results of the study found that restrictions on freedom of expression on the Internet in the Law on Electronic Information and Transaction are problematic because they are irrational, unfair, disproportionate, and tend to conflict with the 1945 Constitution of the Republic of Indonesia. Through Decision Number 105/PUU-XII/2024, the Constitutional Court has realized justice on the Internet by providing proportional protection of freedom of expression on the Internet. The decision provides freedom for everyone to express themselves on the Internet, such as conveying criticism, provided that their expression does not degrade the dignity or good name of others. Government institutions, professions, or positions are excluded from subjects that can be victims of defamation. The government can no longer prosecute citizens who criticize the policies it has taken. The decision provides guidelines for enforcing the law against violations of freedom of expression on the Internet.

Exploring the Justice Paradox in Clemency for Narcotics Convicts: A Case Study of Banyuasin Class IIB Prison

Dodis Nikmatulo, Ruben Achmad, Arief Wisnu Wardhana — Mon, 25 Aug 2025 00:00:00 +0000

The granting of clemency as a presidential prerogative within the Indonesian legal system has sparked considerable debate, particularly when applied to narcotics offenders classified as perpetrators of hard crimes. This study examines the case of Muhammad Aldin Purwanto, a narcotics convict who was granted clemency in the form of sentence reduction, despite having previously been sentenced to seven years' imprisonment for acting as an intermediary in the sale of a Schedule I narcotic substance. Clemency was granted on the grounds of good behavior and his role as the primary breadwinner for his family. This research aims to analyze the granting of clemency within the framework of justice, employing a normative juridical method with both conceptual and case study approaches. The study reveals a tension between the principle of retributive justice, which demands proportionate punishment for criminal acts, and the restorative justice approach, which emphasizes offender rehabilitation. The clemency granted in this case presents both a moral and legal dilemma, as it may be interpreted as a denial of retributive justice and a dilution of the meaning of criminal responsibility. The findings suggest that the absence of clear parameters for granting clemency creates vulnerabilities to policy deviation, potentially undermining the legitimacy of the criminal justice system itself. Therefore, a reformulation of clemency policy is necessary through clearer legal regulation, grounded in justice-based principles. Clemency should be guided by rational, objective, and balanced legal considerations that weigh both the rights of the convict and the public sense of justice.

Settlement of Sexual Violence Cases Against Boys with Bisexual Perpetrators in Wonogiri from a Justice Perspective

Marisa Kurnianingsih, Elisa Rachmawati, Kuswardani Kuswardani, Hartanto Hartanto — Mon, 25 Aug 2025 00:00:00 +0000

This research was conducted to find out how sexual violence against boys with bisexual perpetrators in Wonogiri is resolved. Sexual violence is now widespread and increases every year. The perpetrators of sexual violence are mostly adults, and the victims are girls, but currently, many boys are also victims of sexual violence. In Wonogiri in 2021, there were cases of sexual violence involving bisexual perpetrators and male victims. This research aims to provide an explanation regarding the resolution of cases of sexual violence against boys with bisexual perpetrators in Wonogiri using empirical juridical writing methods, with the type of research using descriptive research, with primary and secondary data sources, and using observational data collection methods. and interviews. This research was carried out at the Wonogiri Police Office, Criminal Investigation Unit, and Wonogiri Regency PPA Unit, and an analysis was carried out of court decisions regarding the judge's consideration of the impact of sexual violence on victims in making their decision. Based on research, it was found that the handling of sexual violence cases was carried out by the Wonogiri Regency PPA Unit, and in court decisions, it was discovered that the victims of sexual violence with bisexual perpetrators were traumatized by the incident, so that it was used as a basis for criminal charges by the judge.