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Papers by Eko Nursetiawan

The practice of judicial activism, though not formally defined within the jurisdiction of the Con... more The practice of judicial activism, though not formally defined within the jurisdiction of the Constitutional Court (MK), is implicitly recognized as an integral element of independent judicial power. The importance of this independence is underscored as a fundamental necessity for the preservation of law and justice. This research utilized a normative juridical methodology, incorporating conceptual, comparative, and case-based analysis. The study findings reveal that judicial activism, as practiced within the Constitutional Court, is underpinned by independent judicial authority. Moreover, this practice aligns with the tenets of progressive legal doctrines, which not only acknowledge the significance of codified legal provisions but also endorse legal innovations for the pursuit of justice. The practice of judicial activism within the Constitutional Court is indispensable for reinforcing the principle of checks and balances. The subjective and abstract nature of judicial activism, however, necessitates objective validation through the principle of virtue jurisprudence.

Jambe Law Journal, Dec 2, 2023

Public participation has a significant role in the law-making process. As a manifestation of a de... more Public participation has a significant role in the law-making process. As a manifestation of a democratic legal state, it acts as a direct form of check and balance from the people. The problem discussed in this study are: 1) what is the urgency of meaningful participation in forming legislation as a manifestation of a democratic rule of law? and 2) what are the obstacles to meaningful participation in forming legislation as a manifestation of a democratic rule of law? The research uses the normative juridical method with a statute and case Approach. Subsequent to the decision of the Constitutional Court Number 91/PUU-XVIII/2020, public participation would be more meaningful (meaningful participation), with at least 3 (three) requirements, namely: the right to be heard; second, the right to be considered; and third, the right to be explained.

Advances in social science, education and humanities research, Dec 31, 2022

Atlantis Press, 2023

The Corruption Eradication Commission (KPK), an independent state institution, continues to face ... more The Corruption Eradication Commission (KPK), an independent state institution, continues to face threats. The extension of the term of office of the current KPK chairman through the decision of the Constitutional Court (MK) Number 112/PUU-XX/2022 is not based on the principle of universal law, namely, the principle of non-retroactivity. This study aims to examine two problems: the legal implications for the independence of the KPK after the Constitutional Court's decision and the judicial restraint on the position of the Constitutional Court in extending the term of office of the KPK leadership. This study used normative legal research with a statutory approach. The results of this study showed that the degree or degradation of KPK independence is increasingly evident. The extension of the term of office through a retroactive Constitutional Court decision violated the universal principle of law. The extension of the term of office of the current KPK chairman has no urgency because they still have the opportunity to be re-elected in the next period.

KnE Social Sciences

This study aims to examine and analyze the formation of a land bank after the Decision of the Con... more This study aims to examine and analyze the formation of a land bank after the Decision of the Constitutional Court of the Republic of Indonesia, Number 91/PUU-XVIII/2020, which was declared conditionally unconstitutional. The research method used is normative juridical research, which involves examining and inventorying various secondary data, namely library research. Based on the results of the research and discussion, it can be concluded that, first, the existence of a land bank, which is included in the cluster of Law Number 11 of 2020 concerning Job Creation, makes it relatively difficult to carry out its duties and authorities because, as the Constitutional Court stated in Decision Number 91/PUU-XVIII/2020, it was declared conditionally unconstitutional, so the government was prohibited from enacting implementing regulations or derivative regulations from a quo. Second, the government should comply with the decision of the Constitutional Court of the Republic of Indonesia as a ...

The practice of judicial activism, though not formally defined within the jurisdiction of the Con... more The practice of judicial activism, though not formally defined within the jurisdiction of the Constitutional Court (MK), is implicitly recognized as an integral element of independent judicial power. The importance of this independence is underscored as a fundamental necessity for the preservation of law and justice. This research utilized a normative juridical methodology, incorporating conceptual, comparative, and case-based analysis. The study findings reveal that judicial activism, as practiced within the Constitutional Court, is underpinned by independent judicial authority. Moreover, this practice aligns with the tenets of progressive legal doctrines, which not only acknowledge the significance of codified legal provisions but also endorse legal innovations for the pursuit of justice. The practice of judicial activism within the Constitutional Court is indispensable for reinforcing the principle of checks and balances. The subjective and abstract nature of judicial activism, however, necessitates objective validation through the principle of virtue jurisprudence.

Jambe Law Journal, Dec 2, 2023

Public participation has a significant role in the law-making process. As a manifestation of a de... more Public participation has a significant role in the law-making process. As a manifestation of a democratic legal state, it acts as a direct form of check and balance from the people. The problem discussed in this study are: 1) what is the urgency of meaningful participation in forming legislation as a manifestation of a democratic rule of law? and 2) what are the obstacles to meaningful participation in forming legislation as a manifestation of a democratic rule of law? The research uses the normative juridical method with a statute and case Approach. Subsequent to the decision of the Constitutional Court Number 91/PUU-XVIII/2020, public participation would be more meaningful (meaningful participation), with at least 3 (three) requirements, namely: the right to be heard; second, the right to be considered; and third, the right to be explained.

Advances in social science, education and humanities research, Dec 31, 2022

Atlantis Press, 2023

The Corruption Eradication Commission (KPK), an independent state institution, continues to face ... more The Corruption Eradication Commission (KPK), an independent state institution, continues to face threats. The extension of the term of office of the current KPK chairman through the decision of the Constitutional Court (MK) Number 112/PUU-XX/2022 is not based on the principle of universal law, namely, the principle of non-retroactivity. This study aims to examine two problems: the legal implications for the independence of the KPK after the Constitutional Court's decision and the judicial restraint on the position of the Constitutional Court in extending the term of office of the KPK leadership. This study used normative legal research with a statutory approach. The results of this study showed that the degree or degradation of KPK independence is increasingly evident. The extension of the term of office through a retroactive Constitutional Court decision violated the universal principle of law. The extension of the term of office of the current KPK chairman has no urgency because they still have the opportunity to be re-elected in the next period.

KnE Social Sciences

This study aims to examine and analyze the formation of a land bank after the Decision of the Con... more This study aims to examine and analyze the formation of a land bank after the Decision of the Constitutional Court of the Republic of Indonesia, Number 91/PUU-XVIII/2020, which was declared conditionally unconstitutional. The research method used is normative juridical research, which involves examining and inventorying various secondary data, namely library research. Based on the results of the research and discussion, it can be concluded that, first, the existence of a land bank, which is included in the cluster of Law Number 11 of 2020 concerning Job Creation, makes it relatively difficult to carry out its duties and authorities because, as the Constitutional Court stated in Decision Number 91/PUU-XVIII/2020, it was declared conditionally unconstitutional, so the government was prohibited from enacting implementing regulations or derivative regulations from a quo. Second, the government should comply with the decision of the Constitutional Court of the Republic of Indonesia as a ...