Mimbar Keadilan

Constitutional Imperatives: Examining the Urgency of Term Limits for Members of the House of Representatives

Baharuddin Riqiey — 2023-11-16

UUD NRI 1945 is the highest law in Indonesia's hierarchy of rules and regulations. One of the principles adopted by the UUD NRI 1945 is the principle of constitutionalism. Proof that the UUD NRI 1945 adheres to the principle of constitutionalism can be proven by the existence of Article 7, Article 23E, Article 24A, Article 24B, and Article 24C of the UUD NRI 1945. Meanwhile, the DPR, one of the state institutions mentioned in Chapter VII of the UUD NRI 1945, does not regulate term limits. This research explains the urgency of regulating term limits for DPR members from a constitutionalism perspective. This research is normative legal research using a statutory, conceptual, case, and comparative approach. The results of this research show that the absence of regulations regarding term limits for members of The House of Representative in the UUD NRI 1945 is not in accordance with the principles of constitutionalism adopted by the UUD NRI 1945. The urgency of limiting the terms for members the House of Representative is to: (1) uphold the principles of constitutionalism, (2) prevent arbitrary actions, (3) realize legal certainty, (4) improve the implementation of democracy in Indonesia, (5) prevent authoritarianism, and (6) Carrying out regeneration.

Muhammad Husein's Gender Perspectives on Inheritance in Mukomuko Customary Law

Dwi Putra Jaya — 2023-11-26

This research examines the transmission of the Mukomuko custom according to Muhammad Husein's perspective on gender studies, which posits that women possess equal status and responsibilities as males. This research aims to analyze the correlation between gender studies, as proposed by Muhammad Husein, and the inheritance system outlined in Mukomuko customary law. This research uses a normative juridical legal method using a statutory and conceptual approach. Data processing uses inductive techniques that describe the specifics of the Mukomuko traditional heritage in the study of Islamic law with a gender approach by Muhammad Husein. Data collection techniques are based on literature originating from previous research, which will later be analyzed by comparing the two inheritance studies. Data-gathering approaches rely on prior studies' literature, which will be analyzed by comparing the two inheritance studies. Research findings indicate that women benefit more economically from the Mukomuko custom's inheritance than men. In Mukomuko culture, the inheritance system gives priority to the maternal bloodline. According to Muhammad Hussein's gender perspective, it is important to note that this viewpoint does not align with Islamic law, as male body parts are not considered to be offered as gifts. As per Muhammad Hussein, the gender ratio is equal, with an even distribution of males and women. Muhammad Hussein's viewpoint demonstrates that Islam strongly values equality among all groups. The Quran unequivocally affirms the equality of all human beings in the eyes of Allah, with the sole distinguishing factor being their level of devotion

Analyzing the Ratio Decidendi: Court of Appeals Decision Reversing District Court’s Ruling in an Election Process Dispute

Angga Eka Setiawan — 2023-12-05

In practice, the General Election process disputes must be brought before the State Administrative Court. Decision Number 757/Pdt.G/2023/PN Jkt.Pst exceeded its jurisdictional limits. This is because the Central Jakarta District Court ruled over the dispute when it did not have the authority. The decision was revoked by decision Number 230/Pdt/2023/PT DKI due to its violation of applicable regulations regarding absolute competence. The legal basis for this revocation has been underscored in Article 470 of Law Number 7 of 2017 concerning General Elections and Article 25 of Law Number 48 of 2009 concerning Judicial Power. This study aims to determine the legal principle of decision Number 230/Pdt/2023/PT DKI, which overturned the Central Jakarta District Court's decision regarding the dispute over the General Election process. The research methodology utilized in this inquiry is normative legal research incorporating a statutory, conceptual, and case-based approach. The legal materials utilized include primary legal materials, such as laws, regulations, and court decisions, and secondary legal materials, including legal books, research journals, and theses pertinent to the research area. The findings indicate that the verdict issued by the DKI Jakarta High Court Judges' Panel was justified. As part of the Supreme Court's voorpost function, the Court of Appeals is responsible for addressing judicial technical and administrative matters that arise at the initial level.

Stakeholder Engagement: Analyzing the Role of Community Participation in EIA Document Crafting for PT Semen Indonesia's Cement Plant

Leony Fatmawati — 2024-01-09

This study aims to clarify the community involvement process in preparing AMDAL papers for the construction of a cement plant by PT Semen Indonesia (Persero) Tbk in Rembang Regency, Central Java Province. An Environmental Impact Assessment (AMDAL) document is mandatory for any development and mining operation and must be prepared by the party responsible. The community's involvement in decision-making and evaluation stages is crucial for the construction site. This research utilizes a normative technique incorporating a statutory, conceptual, and case-based approach. The findings illustrate community engagement through their involvement in preparing AMDAL papers. This study investigates the level of community engagement in preparing Environmental Impact Assessment (EIA) reports for establishing a cement factory by PT Semen Indonesia (Persero) Tbk in Rembang Regency, Central Java Province. Furthermore, it examines the disputes between PT Semen Indonesia (Persero) Tbk and the local community on regulating community involvement in preparing the Environmental Impact Assessment (EIA) document

Through the Justice and the Sovereignty Over Natural Resources: An Analysis of 100 % Foreign Direct Investor Ownership over Geothermal Sector Project

Dinda Silviana Putri — 2024-01-29

The enactment of the Job Creation Law and the Presidential Decree Number 10 of 2021 concerning the Investment Business Sector has make it possible for foreign investors to gain 100% ownership over geothermal sector projects. This policy then raises an important question, which is whether such policy violates the Sovereignty over Natural Resources doctrine, and if so, what kind of policy should be made. This study aims to analyze Indonesia’s geothermal foreign direct investment policy through the Sovereignty over Natural Resources doctrine and implementation of the fair efficiency principle, which also includes aspects of efficiency and justice. This study is normative legal research using statute approach and conceptual approach. The result of this study indicates that, although 100% foreign investor ownership over geothermal exploitation projects could be seen as an efficient policy to attract investors. However, it is still lacking the proper regulation to ensure said policy will not cause harm to the people.

Fair Legal Measures: Addressing Cybercrime Through a Juridical Lenss in Cases of Online Fraud

Ollifia Az Zahra Ainur Islamy — 2024-02-19

The widespread misuse of information technology is deeply concerning to society due to the prevalence of cybercrime. Cybercrime is a violation of the law by using social networks or the internet as a means of crime, obtaining data illegally, taking advantage and enriching oneself. Online selling business is one of several possibilities for online fraud. This research examines decision number 177/Pid.Sus/2021/PN Smn, specifically focusing on the application of Article 45A paragraph (1) in conjunction with Article 28 paragraph 1 of Law No. 19/2016. This study aims to determine the judge's consideration based on the above decision and the application of sanctions in accordance or not with the relevant article. The source is secondary data using research that is basically doctrinal or normative, case and legislative approaches. The defendant, Juari alias Johan Bin Djun Hie, has been legally found to meet the requirements outlined in the mentioned article of the decision. The panel of judges considered the facts presented, the prosecutor's indictment, the defendant's statement, the testimony of witnesses, and the submitted evidence when deciding on the case. The application of the witnesses is in accordance with the Article mentioned. The Defendant is subject to a maximum prison sentence of 6 years and/or a maximum fine of Rp. 1,000,000,000.00. The legal system must adapt to technological advancements to maintain its efficacy in enforcing the law. Lastly, ongoing crime prevention efforts involve a holistic approach, including public education, cyber security infrastructure development, and collaboration between public and private sectors. This multifaceted approach is essential for the legal system to effectively address the challenges posed by cybercrime in the digital era.

Riding the Wave of Change: Unmasking Transformative Shifts in Digital Activism for Social Justice in Indonesia

Rizky Bangun Wibisono — 2024-02-26

This research delves into the transformative shifts in social media use in Indonesia, exploring how it has become more than a personal necessity, evolving into a powerful tool for civic engagement and justice advocacy. Focusing on the "No Viral, No Justice" movement, we dissect its impact on the nation's digital landscape and law enforcement dynamics. The analysis reveals a complex interplay of positive change and potential pitfalls, including the risk of echo chambers. The study emphasizes the significance of digital activism, transcending its role as a mere trend, and underscores its importance in holding authorities accountable. The narrative navigates through real-life examples, such as the case of sexual harassment at the Indonesian Broadcasting Commission, illustrating how social media acts as a catalyst for justice. The reflection section addresses the looming threats associated with this evolving trend and proposes strategies for mitigation. This research contributes to understanding the nuanced role of social media in Indonesian society, shedding light on both its transformative potential and the imperative need for responsible digital activism.