International Journal Political, Law, and Social Science

LEGAL TRANSFORMATION IN ROMANIA TOWARD CHALLENGES AND DEVELOPMENTS IN THE POST-COMMUNIST ERA

Elena Ionescu, Mihai Dumitrescu — Tue, 23 Sep 2025 00:00:00 +0000

Romania has undergone significant legal transformations since the fall of communism in 1989, marked by the transition to democracy, the establishment of a market economy, and integration into the European Union in 2007. This article examines the evolution of Romania’s legal system, focusing on constitutional reforms, judicial independence, anti-corruption measures, and alignment with European legal standards. Using a qualitative approach supported by policy documents, court decisions, and international reports, the study reveals that Romania has made considerable progress in strengthening the rule of law and ensuring judicial transparency. However, persistent challenges remain, including political interference in the judiciary, limited public trust in legal institutions, and the slow pace of legal reforms in certain areas such as property rights and minority protections. The findings suggest that Romania’s legal development reflects both the achievements and struggles of post-communist states, highlighting the importance of continuous institutional reform, civic engagement, and international cooperation in consolidating democratic governance.

AUTHORITY OF THE STATE INTELLIGENCE AGENCY IN NATIONAL SECURITY LAW

Abdas Raga Sugara, M. Hadin Muhjad, Rudy Indrawan — Tue, 23 Sep 2025 00:00:00 +0000

The State Intelligence Agency (Badan Intelijen Negara/BIN) is a governmental institution with a strategic role in safeguarding the national security of the Republic of Indonesia through intelligence activities. This article aims to analyze BIN's authority within the framework of national security law based on applicable legislation, including Law No. 17 of 2011 on State Intelligence, Law No. 3 of 2002 on State Defense, and other supporting regulations. This study employs a normative juridical method with statutory, conceptual, and comparative approaches. The analysis reveals that BIN’s authority covers the collection, processing, and analysis of strategic information, early detection of security threats, and coordination of national intelligence. However, challenges remain, including overlapping authority between agencies, limited external oversight, and potential human rights violations if the authority is not exercised in accordance with accountability principles. The article recommends strengthening regulations, enhancing operational transparency within reasonable limits, and optimizing inter-agency coordination to support the effectiveness of BIN's role in safeguarding national security.

THE AUTHORITY OF THE CONSTITUTIONAL COURT TO DECIDE ON THE DISSOLUTION OF POLITICAL PARTIES

Nurullah Nurullah, M. Hadin Muhjad, Erliani Erliani — Mon, 10 Nov 2025 00:00:00 +0000

The Constitutional Court (MK) has the constitutional authority to decide on the dissolution of political parties as stipulated in Article 24C paragraph (1) of the 1945 Constitution and Law Number 24 of 2003 concerning the Constitutional Court. However, to date, this authority has never been exercised due to limited legal standing, which is only granted to the government as the applicant. This condition creates an imbalance between the constitutional ideals that place the people as the holders of supreme sovereignty and exclusive and elitist legal practices. This study uses a normative juridical approach with a descriptive-analytical nature and a prescriptive research type. Primary and secondary legal materials are analyzed qualitatively to examine the urgency of expanding legal standing in the dissolution of political parties as an effort to strengthen substantive democracy in Indonesia. The results of the study indicate that restrictions on legal standing are contrary to the principles of the rule of law, constitutional justice, and public participation. Through a multi-access legal standing model involving the government, independent institutions, and civil society, the authority to disband political parties can be exercised more objectively, transparently, and democratically. Legal reformulation of Article 68 paragraph (1) of the Constitutional Court Law and PMK Number 12 of 2008 is an urgent need to realize a participatory and just legal system. Thus, expanding legal standing is a strategic step in building a substantive, participatory, and integral constitutional democracy in Indonesia.