Journal of Indonesian Legal Studies
Vol 8 No 1 (2023): Contemporary Issues on Indonesian Legal Studies: Capturing Law and Development in

Mainstreaming Justice in the Establishment of Laws and Regulations Process: Comparing Case in Indonesia, Malaysia, and Australia

Rodiyah Rodiyah (Faculty of Law, Universitas Negeri Semarang)
Siti Hafsyah Idris (Faculty of Law, Universiti Teknologi MARA)
Robert Brian Smith (Faculty of Law, University of New England)



Article Info

Publish Date
31 May 2023

Abstract

This paper compares the cases of Indonesia, Malaysia, and Australia to examine how these countries incorporate principles of justice in the establishment of laws and regulations. It explores the significance of mainstreaming justice in lawmaking, emphasizing equitable representation, fair access to justice, and human rights considerations. The analysis highlights the legal frameworks and institutional structures in each country. In Indonesia, the role of the Constitutional Court and stakeholder involvement in the legislative process are examined. Malaysia's constitutional framework and efforts to address ethnic and religious diversity, as well as the role of judicial review, are discussed. Australia's common law system emphasizes parliamentary scrutiny, public consultations, and protection of individual rights through the High Court and parliamentary committees. This study provides insights into the diverse approaches and challenges faced by these countries in mainstreaming justice in their lawmaking processes. It contributes to understanding how justice can be effectively integrated into laws and regulations, offering valuable insights for policymakers and legal practitioners seeking to promote justice in legislative contexts.

Copyrights © 2023






Journal Info

Abbrev

jils

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

LEGAL scholars have been discussing two important roles of law: social control and social engineering. As a social control, law is designed and introduced to control the behaviours of society members in accordance with particular values and norms agreed upon by the community. In this context, the ...