Indonesian State Law Review (ISLRev) (Online ISSN: 2654-8763 and Print ISSN: 2654-3125) is a peer-reviewed journal for discourse on Indonesian administrative and constitutional law published biannually (April & October) since 2018 by the Universitas Negeri Semarang (UNNES), Indonesia and managed by Department of Administrative and Constitutional Law, Faculty of Law Universitas Negeri Semarang. Indonesian State Law Review (ISLRev) aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in world as well as to publish innovative legal researches concerning administrative and constitutional law. The Journal, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Indonesian State Law Review (ISLRev) covers a wide range of topics related to state law, including constitutional law, administrative law, criminal law, civil law, environmental law, human rights law, and other areas of law that are relevant to the functioning of the state and its legal system. It publishes original research articles, theoretical and conceptual papers, case studies, and book reviews that contribute to the understanding of state law in Indonesia and its implications from a global perspective. Further info, please refer to our Aims and Scope. Abstracting/Indexing: DIMENSION | SINTA | GARUDA | SCOPUS | Title : Indonesian State Law Review Editor in Chief : Dani Muhtada, S.Ag., M.Ag., M.P.A., Ph.D. ISSN : Online ISSN: 2654-8763 | Print ISSN: 2654-3125 DOI Prefix : 10.15294/islrev Publisher : Faculty of Law Universitas Negeri Semarang Frequency : 2 (two) issues per year (April and October)
All works published in the Indonesian State Law Review are licensed under a Creative Commons Attribution 4.0 International (CC BY 4.0). All writings published in this journal are the personal views of the authors and do not represent the views of this journal and the author's affiliated institutions.
Student Participation in Monitoring Local Government Policies
This study aims to identify the level of student participation in monitoring local government policies, the forms of involvement carried out, and the factors that encourage and inhibit such participation. The approach used is quantitative descriptive, with data collection techniques through the distribution of closed questionnaires to 184 law faculty students of Semarang State University (UNNES). Data analysis was carried out using descriptive statistics and correlation and regression tests to see the relationship between variables. The results of the study showed that real student participation is still relatively low. As many as 71.7% of respondents have never been directly or indirectly involved in monitoring policies. Only a small portion participated through direct communication (16.8%) or social media/email (11.4%). In addition, only 46.7% followed the official local government account, indicating a lack of exposure to information. This conclusion indicates a misunderstanding between political awareness and student participatory actions. The theoretical implications of this study reinforce the importance of political efficacy factors, access to information, and trust in institutions in increasing the participation of young citizens. Practically, local governments and higher education institutions need to collaborate in building public literacy policies among students.
student participation, local government policies, monitoring
Copyright (c) 2025 Bayangsari Wedhatami, Windiahsari (Author) https://creativecommons.org/licenses/by/4.0
Constitutionalism as A Design For Limiting Power in The Era of Post-Truth Democracy
The principle of constitutionalism is the main pillar in maintaining the balance of power and upholding the rule of law in a democratic system of government. In the Indonesian context, the dynamics of state administration show that this principle is increasingly relevant, especially amid the trend of widening executive and legislative powers and the challenges of the post-truth era of democracy. This research uses a descriptive qualitative method with a literature study approach, reviewing various literature and research results from 2020 to 2025 to understand the urgency, implementation, and challenges of constitutionalism in limiting power in Indonesia. The discussion begins with an elaboration on the nature of constitutionalism and its function in democracy, followed by an analysis of the mechanism for limiting power as a manifestation of constitutional principles, as well as the issue of term extension as an early symptom of the erosion of these principles. Furthermore, new challenges in the digital era involving the influence of technology and oligarchy in shifting the meaning of constitutionalism to mere formality are examined. The findings show that the weakening of the principle of constitutionalism does not only occur through normative violations, but also through political engineering of power hidden in the practice of procedural democracy. Thus, strengthening constitutionalism through legal reform, strict institutional control, and public political literacy is an urgent agenda in maintaining the integrity of a healthy and equitable democratic system.
Copyright (c) 2025 Martitah, Arif Hidayat, Moh. Imam Gusthomi, Niken Septiani, Tegar Islami Putra, Rahmawati Mohd Yusoff (Author) https://creativecommons.org/licenses/by/4.0
Implementation of Restorative Justice in the Criminal Justice System: A Comparative Study between Indonesia and India
Restorative Justice has emerged as a progressive response to the limitations of the retributive approach within criminal justice systems. Both Indonesia and India demonstrate a growing inclination toward adopting Restorative Justice as a more humanistic mechanism for social restoration. This study aims to analyze and compare the policies and implementation of Restorative Justice in Indonesia and India, while highlighting the challenges and opportunities for its development. The research employs a normative legal method with a comparative and qualitative approach, using secondary data in the form of legal documents and scholarly articles, analyzed through online content analysis techniques. The findings indicate that both countries share fundamental principles of Restorative Justice, such as victim participation, mediation, and the restoration of social relationships. However, there are significant differences in legal frameworks, procedural flexibility, and institutional support: Indonesia demonstrates greater adaptability to local and community values, whereas India remains largely confined to the juvenile justice system and reliant on judicial discretion. This study offers a novelty in the form of a comprehensive mapping of the normative and structural dynamics of Restorative Justice within the South and Southeast Asian contexts, which have been underexplored in comparative legal research. The implications underscore the need for strengthening national regulations and institutional synergy as critical prerequisites for the sustainable implementation of Restorative Justice. The study also recommends the development of a flexible, community-based institutional model to advance criminal justice systems toward more inclusive, transformative, and participatory justice.
Copyright (c) 2025 Achmad Irwan Hamzani, Loso Loso, Nunna Bhanu Prakash (Author) https://creativecommons.org/licenses/by/4.0
Legal Frameworks, Transparency, and Oversight: Ensuring Public Confidence in Online Donation Platforms
The proliferation of digital technology has markedly accelerated the expansion of online donation platforms in Indonesia. Concurrently, with the rise in public engagement in online philanthropic endeavours, several challenges have surfaced, including the potential for fund misuse, lack of transparency, and inadequate oversight mechanisms. This study examines how legal frameworks, transparency, and oversight can collaboratively safeguard and enhance public trust in online donation systems. The methodology employed is a qualitative study with a normative approach involving the analysis of existing regulations, literature reviews, and case studies related to digital donation mismanagement. The findings reveal the lack of comprehensive legal regulations governing online donations, accountability mechanisms among platform providers, and limited public access to financial information. The study further underscores the importance of implementing principles of good governance, utilizing transparency-enhancing technologies such as blockchain, and strengthening independent reporting and auditing systems to prevent fund misappropriation. In conclusion, public trust in online donation systems can only be cultivated through reinforced legal frameworks, increased operational transparency, and oversight involving multiple stakeholders. The study recommends formulating national regulations addressing digital donations, active involvement of independent supervisory institutions, and continuous public education to ensure that the public is informed and aware, thereby establishing a secure, accountable, and sustainable online donation ecosystem.
Copyright (c) 2025 Afif Noor, Aqila-Syarief Muhammad Afif, Muhammad Fazli Azmi, Dwi Wulandari (Author) https://creativecommons.org/licenses/by/4.0
Transparansi Keuangan Dalam Partai Politik
The aim of the article is to analyze financial transparency of the political parties. The methods used normative Juridical. Political parties are an important element of the state system in a country that adheres to the principle of democracy. Political parties can be a place for people to channel their aspirations, but increasingly. Therefore, as an important element in order democracy, political parties must begin to improve more transparent to the public about the management and use of party funds. Law No. 14 of 2008 has provided a standard for political parties wishing to uphold the agreement by making an Information Management and Documentation Officer (PPID).
Copyright (c) 2020 https://creativecommons.org/licenses/by/4.0
Upaya Peningkatan Daya Dukung Lingkungan Melalui Penerapan Prinsip Sustainable Development Berdasarkan Undang-Undang Nomor 32 Tahun 2009 tentang Perlindungan dan Pengelolaan Lingkungan Hidup
Environmental problems are increasing every day. This results in a decrease in the carrying capacity of the environment. Population growth also puts a burden on the carrying capacity of the environment. To improve the quality of carrying capacity, it is necessary to implement the principle of sustainable development. With the implementation of sustainable development principles that balance economic, social and environmental aspects, the quality of the carrying capacity of the environment will be better so that the availability of natural resources for future generations will be guaranteed.
Beberapa Catatan dari Limitasi atas Limitasi Pengaturan HAM dalam Konstitusi
Tulisan ini mengulas satu perihal saja, yaitu untuk melihat bagaimana struktur perlindungan HAM dalam Konstitusi di Indonesia khususnya pada UUD 1945 pasca amandemen. Sebagaimana diketahui, hasil amandemen UUD 1945 memasukkan ketentuan HAM dalam Pasal 28A sampai dengan Pasal 28J. Hanya saja, ketentuan-ketentuan mengenai HAM yang terdapat dalam Pasal 28A hingga Pasal 28J tidak memberikan pengaturan yang jelas mengenai pembatasan yang dapat dilakukan atas pembatasan hak.
Foreign Terrorist Fighters (FTF) and State Administration Measures Against Statelessness
One's citizenship as an Indonesian citizen is retested in a situation where a person chooses to leave their country to fight. The choice to leave the country also involves the closest people like family. Indonesia is one of the countries with a large number of Foreign Terrorists Fighter (FTF), FTF from Indonesia also has the potential to re-enter Indonesia. Citizenship status is a Human Rights (HAM) that should be protected by state administration, the rule of law, citizenship status, in this case, is related to the fact that no one can not have citizenship status (stateless) so, the form of state anticipation towards this possibility is all legal instruments and administration which is the solution of various citizens' problems. One example relates to the phenomenon of the citizenship status of Foreign Terrorist Fighters (FTF) and Indonesian families and their rights and obligations
Tinjauan Yuridis Kekuatan Hukum Penyelesian Perselisihan non-Litigasi dalam Perselisihan Hubungan Industrial
Penyelesaian perselisihan non-litigasi merupakan salah satu alternatif dalam penyelesaian perselisihan yang dilakukan di luar pengadilan dimana para pihak yang berselisih dapat melakukan perundingan secara langsung antar pihak dan/atau melalui pelibatan pihak ketiga yang netral yang ditunjuk para pihak untuk menengahi dan membantu menyelesaikan perselisihan. Model penyelesaian perselisihan non-litigasi dalam perselisihan hubungan industrial antara lain melalui penyelesaian bipartit, mediasi, konsiliasi dan arbitrase. Metode penelitian yang digunakan adalah kualitatif analitis dengan pendekatan yuridis normatif. Penelitian ini mengemukakan kekuatan hukum dari penyelesaian perselisihan hubungan industrial secara non-litigasi memiliki kekuatan hukum mengikat para pihak bila kedua belah pihak bersepakat yang dibuktikan dengan adanya bukti perjanjian bersama. Selain itu, penyeelsaian perselisihan non-litigasi memiliki kekuatan hukum eksekusi jika perjanjian bersama terdaftar pada pengadilan hubungan industrial.
SIBERNETIKA TALCOTT PARSONS SUATU ANALISIS TERHADAP PELAKSANAAN OMNIBUS LAW DALAM PEMBENTUKAN UNDANG-UNDANG CIPTA LAPANGAN KERJA DI INDONESIA
Artikel ini ditulis dengan tujuan untuk mengetahui dan menganalisis, tentang faktor-faktor apa saja yang mempengaruhi proses pelaksanaan omnibus law, dalam proses pembentukan Undang-Undang Cipta Lapangan kerja di Indonesia. Tulisan ini akan menggunakan teori sibernetika Talcott Parsons yang digunakan sebagai pisau analisis, untuk menjelaskan fakta yang terjadi saat ini. Hasil analisis menunjukan bahwa proses pelaksanaan omnibus law dalam pembentukan Undang-Undang Cipta Lapangan kerja di Indonesia, saat ini dipengaruhi oleh beberapa faktor, faktor-faktor tersebut yaitu adalah faktor sub sistem ekonomi, sub sistem politik, sub sistem sosial, dan sub sistem budaya, sebagaimana dikemukakan oleh Talcott Parsons dalam teori sibernetikanya. Pengaruh faktor-faktor tersebut yang kemudian pada saat ini, menimbulkan berbagai reaksi penolakan dari masyarakat Indonesia, sehingga dalam kesimpulanya penulis mengajukan saran kepada pemerintah agar sekiranya proses pembentukan Undang-Undang Cipta Lapangan kerja di Indonesia tidak dilakukan secara terburu-buru, hal ini berguna dalam rangka mengkaji terlebih dahulu, tentang bagaimana pelaksanaan omnibus law dalam pembentukan Undang-Undang Cipta Lapangan kerja di Indonesia agar dapat diterima sepenuhnya oleh masyarakat.
Positivisme Dan Implikasinya Terhadap Ilmu Dan Penegakan Hukum
Lahirnya positivisme merupakan langkah awal dari modernisasi karena mundurnya pengaruh agama dan raja sebagai wakil Tuhan. Era renaissance membuat manusia bukan hanya percaya pada Hukum Tuhan semata. Hal tersebutlah yang melandasi lahirnya paham positivisme. Positivisme hanya mendasarkan pada kenyataan dan hanya menggunakan metode secara ilmiah. Pola berfikir positivisme yang mengandalkan empirisme filosofis mulai dibawa masuk ke wilayah hukum pada abad ke-19, dimana positivisme mengedepankan adanya kepastian hukum dengan mengambil sumber hukum formal berupa peraturan perundang-undangan. Tidak selamanya positivisme hukum mengabaikan moral begitu saja, ia masih terbuka untuk perbaikan menjadi yang lebih baik namun tetap diperlukan prosedur yang berlaku. Namun apa yang dianggap kebaikan oleh positivisme hukum itulah keburukan dari positivisme hukum ini. Positivisme yang mempunyai aspek ontologis dalam positivisme yang dianggap sebagai norma positif dalam sistem perundang-undangan suatu negara sehingga terlepas dari masalah moral. Di sisi lain, implikasi dari positivisme terhadap hukum dan penegakkannya adalah dipakainya hukum sebagai alat untuk mempertahankan kekuasaan pemerintah untuk terus membuat kedudukan itu menjadi langgeng dan abadi
Copyright (c) 2019 https://creativecommons.org/licenses/by/4.0
Implementasi Sistem Alih Daya atau Outsourcing Dalam Mencapai Kesejahteraan Pekerja Indonesia Ditinjau Dari Undang-Undang Nomor 13 Tahun 2003
The purpose of this article is to examine the implementation of outsourcing systems in Indonesian labor law. In implementing this system there are differences, namely the implementation in the field and what is stated in the contents of the Act. So that in reality the implementation of labor law has not been able to create a harmonious relationship between workers or workers and employers and has not been able to improve the welfare of workers/laborers. Based on Article 66 of Law No. 13 of 2003 the implementation of the outsourcing system is only allowed if it does not involve the main activities (core business) or activities that are not directly related to the production process. These activities include cleaning service businesses, provision of food (catering), businesses of security personnel, the business of supporting services in mining and petroleum, as well as efforts to provide transportation for workers/laborers. The interpretation of outsourcing provided by the Act, in reality, is still very limited compared to the needs of the business world today. The rights that must be obtained by outsourcing employees are getting wages, overtime pay, getting leave rights, THR or holiday allowances, social security protection, and layoff compensation.
Analisis Dampak Permintaan Naiknya Upah Minimum Terhadap Perekonomian, Hukum Dan Kesejahteraan Nasional
The purpose of this article is to show the impact caused by the Minimum Wage on the National economy. approach used In avoiding the exploitation of labor in Indonesia, the government as the highest authority of the country, issues labor regulations. The regulation regulates the Minimum Wage that companies must pay to workers. The minimum wage is a safety device from the government to prevent the exploitation of Indonesian workers. However, many of the Indonesian workers are not aware that the application of the minimum wage is by the decent standard of living set by the government. They do a lot of prosecutions so that the minimum wage they get is always increasing. If analyzed, the demand for rising minimum wages will also harm the nation's economy. In other words, that the government policy regarding minimum wages, which had wanted to protect labor exploitation, if not implemented properly, would adversely affect the economic development of thecommunity.
Interpretation of the Expansion of the Application of the Authority of the State Administrative Court in Adjudicating Factual Legal Actions of the Government
The evolution of the State Administrative Court’s authority in adjudicating factual legal actions involving government entities represents a dynamic facet of administrative law. This paper aims to explore and interpret the nuanced expansion of the State Administrative Court’s jurisdiction in handling cases related to factual legal actions initiated by the government. Through an in-depth analysis of legal precedents, legislative developments, and judicial interpretations, the study navigates the evolving landscape of administrative law. The paper delineates the historical context and legal frameworks that have shaped the State Administrative Court's jurisdiction, emphasizing its pivotal role in ensuring governmental accountability. It investigates the implications of the broadened scope of authority on the court's adjudicative processes and the overall legal landscape. Furthermore, the research scrutinizes key cases to illustrate how the court’s expanded jurisdiction impacts the resolution of factual legal actions involving government entities. By examining the interplay between legislative intent, judicial reasoning, and practical implications, the paper provides insights into the complexities and challenges associated with this expanded mandate. The findings underscore the significance of a judicious balance between the State Administrative Court’s authority and the imperative to maintain government efficacy. Additionally, the paper contributes to the ongoing discourse on administrative law by offering a comprehensive interpretation of the expanding role of the State Administrative Court in the adjudication of factual legal actions initiated by the government. In conclusion, this paper enhances our understanding of the evolving dynamics within administrative law, shedding light on the implications and intricacies surrounding the State Administrative Court’s extended authority in addressing factual legal actions involving government entities.
Copyright (c) 2023 https://creativecommons.org/licenses/by/4.0
The Legitimacy of Letters as Evidence in the E-Litigation Proof System within the State Administrative Court
This study delves into the legitimacy of employing letters as evidence within the E-Litigation Proof System at the State Administrative Court (PTUN) against the backdrop of the digital 4.0 era’s transformative influence. The Indonesian government's introduction of electronic justice (e-Litigation or e-Courts) marks a significant paradigm shift, fundamentally altering trial procedures at PTUN. Employing a juridical-normative research method with a qualitative nature, this investigation utilizes conceptual and historical approaches to scrutinize the implications of the e-Litigation system. Secondary data sources, encompassing regulations, literature, and relevant documents, form the basis for analyzing the profound changes in courtroom proceedings and their impact on validating documentary evidence. The findings underscore a pivotal transition from traditional to electronic trials, fostering the electronic submission and exchange of documents. However, the implementation of the e-Litigation evidentiary system has sparked discussions, particularly concerning the legitimacy and challenges associated with proving letters as evidence, particularly in the initial stages of the process. This exploration of the legitimacy of letters as evidence within the e-Litigation context contributes significantly to the ongoing discourse on the modernization of legal proceedings. It sheds light on the evolving nature of evidentiary practices in the digital age, specifically within the State Administrative Court. The study thus offers valuable insights into the intersection of technology and justice, providing a nuanced understanding of the complexities surrounding the utilization of electronic evidence in contemporary legal systems.
Polemic on the Legitimacy of Proof of E-Court Trial at the State Administrative Court (Harmonization of Legal Courts and Information Technology in the Covid-19 Pandemic Era)
Amid the global upheaval caused by the Covid-19 pandemic, this study navigates the challenges presented by the perilous situation, focusing specifically on the transformation of legal proceedings. The pandemic, posing risks to public health, compelled the imposition of widespread restrictions, limiting various community activities and direct interactions. This shift had profound implications for the justice system, prompting a departure from the conventional practice of open and in-person court proceedings. In response to these unprecedented circumstances, the legal arena saw the emergence of online courts, commonly known as e-courts, as an alternative to traditional court setups. The study seeks to critically examine the effectiveness and legitimacy of e-courts during this tumultuous period. Utilizing a literature study method, the research delves into relevant books and literature, emphasizing the collection of data to assess the harmony between legal court proceedings and information technology in the context of the pandemic. The primary goal is to scrutinize the polemics and challenges surrounding the implementation of e-courts, particularly in the State Administrative Court. As the study unfolds, it reveals a nuanced perspective on the harmonization of legal courts and information technology during the Covid-19 pandemic. The discussion extends to the legitimacy of proof in e-court trials, with a specific focus on the State Administrative Court. The analysis underscores the necessity of maintaining a balance between conventional and electronic trial methods to ensure a comprehensive and reliable legal system. In addition, the research contends that despite the convenience offered by e-courts, doubts persist regarding the legitimacy of evidence presented in electronic trials, particularly in the administrative context. The findings contribute valuable insights that can inform future legislative efforts, guiding the harmonization of legal courts and information technology. Ultimately, the study aims to foster the development of a robust legal framework that addresses the polemics surrounding e-court trials, enhancing their legitimacy and efficacy in the ongoing and post-pandemic era.
Granting Clemency to Antasari Azhar as the Object of a State Administrative Law Dispute
This study provides an overview of the state administrative law dispute surrounding the granting of clemency to Antasari Azhar, a prominent figure involved in a high-profile legal case. The controversy stems from the exercise of executive power and the application of clemency within the framework of state administrative law. Antasari Azhar, a former Indonesian Corruption Eradication Commission (KPK) chairman, was convicted in a notable corruption case. Subsequently, his request for clemency sparked debates, legal challenges, and concerns about the integrity of the administrative process. This study delves into the legal dimensions of Antasari Azhar’s clemency case, examining the constitutional and administrative law aspects involved. Key issues include the discretionary powers of the executive in granting clemency, the potential influence of political considerations, and the adherence to legal procedures during the decision-making process. The research aims to shed light on the broader implications of this case for the rule of law, the separation of powers, and the accountability of public officials. Through a comprehensive analysis of relevant legal frameworks, court decisions, and scholarly perspectives, this study seeks to contribute to the understanding of the complex interplay between executive powers and the legal principles governing clemency in the context of state administrative law. Furthermore, it addresses the implications of such disputes for the overall legal and political landscape, emphasizing the importance of transparency, due process, and accountability in the exercise of executive clemency.
Inter-religious Marriage in Indonesia: Pros and Cons in the Administrative and Constitutional Law
Inter-religious marriage is a complex and multifaceted issue in Indonesia, a diverse nation with a majority Muslim population. This paper explores the legal landscape surrounding inter-religious marriages in Indonesia, focusing on both the administrative and constitutional dimensions. The study aims to analyze the advantages and disadvantages of the existing legal framework governing inter-religious marriages, shedding light on the implications for individuals, families, and society. The administrative aspects of inter-religious marriage involve the bureaucratic processes and legal requirements that couples must navigate to register their unions. This paper examines the administrative challenges faced by inter-religious couples, exploring issues such as documentation, consent, and the role of government institutions in facilitating or impeding such marriages. On the constitutional front, the study delves into the legal principles and rights enshrined in Indonesia's constitution that pertain to inter-religious marriages. The analysis considers the constitutional guarantees of religious freedom, equality, and non-discrimination, as well as potential conflicts with other constitutional provisions. The pros and cons of inter-religious marriages are discussed, considering the social, cultural, and economic implications for individuals and their communities. Positive aspects such as fostering social cohesion, cultural diversity, and personal freedom are contrasted with challenges like societal resistance, legal complexities, and potential impacts on children within these unions. Furthermore, the paper examines recent developments and debates surrounding legislative reforms related to inter-religious marriages in Indonesia. It evaluates the potential for legal changes to address existing challenges and enhance the protection of individual rights while respecting the diverse religious landscape of the nation. In conclusion, this paper offers a comprehensive analysis of inter-religious marriage in Indonesia, exploring both administrative and constitutional aspects. By presenting a nuanced understanding of the pros and cons, it contributes to the ongoing discourse on legal reforms and social attitudes towards inter-religious unions, aiming to promote a more inclusive and equitable legal framework for all citizens.
The Debate on the Grace Period in Appealing Cases Against the State Administrative Court
This study delves into the nuanced discourse surrounding the grace period concerning appeals against decisions rendered by the State Administrative Court (Pengadilan Tata Usaha Negara, PTUN) in Indonesia. Against the backdrop of Indonesia’s evolving legal landscape and commitment to administrative justice, this research critically examines the existing grace period and its implications for litigants, judicial efficiency, and the broader pursuit of fairness. The study considers perspectives from legal scholars, practitioners, and policymakers within the Indonesian context, assessing the necessity and efficacy of the current grace period. Additionally, the research explores comparative legal frameworks, offering insights into how other jurisdictions navigate the delicate balance between finality in administrative decisions and ensuring access to justice. Through case studies and empirical analysis, the study evaluates the practical impact of the grace period on the Indonesian legal system. It aims to identify potential areas for improvement and inform discussions on legal reforms that align with Indonesia’s commitment to enhancing governance, rule of law, and the overall administration of justice. By engaging with Indonesia's unique administrative and legal challenges, this research contributes not only to the academic discourse but also holds practical implications for legal practitioners, policymakers, and stakeholders involved in shaping the country’s legal framework. Ultimately, the study aspires to be a catalyst for informed discussions and potential reforms that will strengthen the Indonesian State Administrative Court system, fostering a more equitable and efficient dispensation of administrative justice.
Comparative Analysis of Governmental Systems: Assessing Democracy in Indonesia’s Presidential System and France’s Semi-Presidential System
This paper conducts a comprehensive comparative analysis of governmental systems to assess the democratic principles inherent in Indonesia's Presidential System and France's Semi-Presidential System. Employing a normative juridical research method with a statutory, conceptual, and comparative approach, the study unveils the distinct features of each system and their implications for democratic governance. The research reveals similarities and differences in power distribution, emphasizing the commonality of the trias politica concept in both countries, albeit with unique characteristics. Notably, the divergence lies in the roles of state leaders: Indonesia designates the president as both head of state and government, whereas in France, the president is the head of state, and the prime minister assumes the role of head of government. Through this analysis, the paper aims to contribute to the field of comparative constitutional law and deepen our understanding of how different governmental structures impact the democratic fabric of nations.
E-Court Paradigm Shift: Problems of Legitimacy Mechanisms of Electronic Evidence in State Administrative Procedure Law
This study on the legitimacy mechanisms of electronic evidence within the State Administrative Procedure Law is intrinsically connected to Indonesia’s ongoing efforts to modernize its legal landscape. The acknowledgment of electronic information and documents as valid evidence aligns with Indonesia’s commitment to adapting its legal framework to the digital era. The legal issues explored within the context of the E-Court paradigm shift resonate with Indonesia's broader initiatives to enhance judicial efficiency and access to justice. As Indonesia grapples with the challenges of incorporating electronic evidence within its administrative procedures, the study sheds light on the specific hurdles faced within the Indonesian legal system. Regulatory complexities and resource constraints resonate with Indonesia’s broader struggle to harmonize its legal infrastructure with the demands of the digital age. Moreover, the study emphasizes the importance of a proportionate mechanism in addressing legitimacy concerns, aligning with Indonesia’s commitment to fostering a fair and balanced legal environment. The conclusion highlighting the critical role of the validation process reflects Indonesia’s dedication to ensuring the integrity and reliability of electronic evidence within the legal proceedings.
Unmasking Electoral Turmoil: The General Election Supervisory Agency's Battle Against Disputes in Indonesia’s Democracy
This paper critically examines the mechanisms employed by the General Election Supervisory Agency (Bawaslu) in Indonesia for resolving election disputes. Focusing on the country’s democratic landscape, where electoral integrity is paramount, the study delves into the procedural framework and legal avenues that the Bawaslu employs to address election-related conflicts. The research explores the historical context and evolution of the Bawaslu's role, shedding light on its establishment, powers, and responsibilities. By analyzing case studies and key instances of election disputes, the paper evaluates the efficacy and responsiveness of the Bawaslu in managing and adjudicating conflicts within the electoral process. Additionally, the study investigates the legal instruments and regulations governing the Bawaslu's dispute resolution functions. This includes an examination of the agency's authority in interpreting electoral laws, handling complaints, conducting investigations, and rendering decisions. The paper scrutinizes the transparency, accountability, and impartiality of the Bawaslu’s decision-making processes. Furthermore, the research assesses the impact of Bawaslu’s decisions on the broader electoral system, considering implications for public trust, political stability, and the overall health of Indonesia's democracy.
Implications of the Limits for Filing a Lawsuit to the State Administrative Court: Upholding Legal Certainty or Injuring Human Rights?
The State Administrative Court (PTUN) plays an important role in adjudicating state administrative conflicts, issuing final and impactful State Administrative Decisions (KTUN). Recipients aggrieved by these decisions have a 90-day window, as mandated by Article 55 of the Administrative Court Law (UU PTUN), to file a lawsuit if they believe the KTUN violates established laws, regulations, or principles of good governance. Despite its apparent procedural clarity, the 90-day timeframe has become a subject of public controversy, prompting four challenges to its constitutionality before the Constitutional Court. Critics argue that this stringent deadline, rather than achieving its intended goals of legal certainty and political stability, poses a potential threat to human rights. This study employs normative legal research techniques, library law research, and meticulous data collection to dissect the complexities surrounding the State Administrative Court's lawsuit filing deadline. The findings underscore the contentious nature of the 90-day limit, emphasizing its potential adverse effects on human rights and its perceived departure from its intended purposes. By elucidating these dimensions, the study aims to foster a deeper understanding of the controversy and its implications.
Violation of Installing Notary Nameplates Based on the Notary’s Code of Conducts
The Notary Code of Ethics aims to be a guideline for Notaries to maintain dignity in carrying out their position as a Notary. Enforcement of the Notary's Code of Ethics must be enforced so that Notaries do not experience irregularities in carrying out their positions, but in practice there are still many who do not pay attention to the provisions as in the code of ethics, especially regarding the arrangement of installing a Notary's nameplate which is regulated in the Notary's Code of ethics tends to be ignored and causes Notaries to experience violations code of Ethics. The purpose of this research is to analyze the arrangements for installing notary nameplates based on the noris code of ethics and efforts to impose sanctions on notaries who violate the code of ethics on installing notary nameplates. This study uses normative juridical by using written legal materials. The results of this study are that the arrangement for installing a Notary's nameplate is regulated in the Notary's code of ethics and Supervision for notaries is carried out by two different institutions, namely the Notary Supervisory Board externally and the Notary Honorary Council internally.
Copyright (c) 2022 https://creativecommons.org/licenses/by/4.0
Readiness Level of Employees in Position Transfers at State Universities: Analysis of State Administrative Law Perspective
The post-holder now has to adapt the new simplified regulation about changing structural position from echelon III and IV to the functional position. Since this regulation has been issued recently, they sometimes will experience the feeling of pessimism, anxiety or worry in playing the role of the new position. The problems to be solved in this research are: 1) what are the problems faced by the functional post-holder? 2) what is the strategy adopted in carrying out the duties and functions of functional post-holder? This study uses a qualitative and quantitative approach with a mix-method. This study take place in the representatives of state universities in Indonesia. The mix-method was used to obtain comprehensive results on the readiness of education personnel whose function was switched from structural positions to functional position in universities under the Ministry of Education, Cultural, Research and Technology who were affected by the changing of echelon III and IV structural positions. The conclusion of this study is that education personnel whose function was switched from structural positions to functional position experience problems including incompatibility of educational background with their functional position, incompatibility of job desk with their interests and expectations. The incompatibility of functional position with the placement of job unit causes lack of positive impact on their working record and the decrease of financial support.
Bitcoin's Position in Indonesian Currency Law
The influence of technology and developing information is indeed extraordinary on human life. Economic development is also inseparable from the growing technology, for example in transaction procedures in a matter. Bitcoin came up with a new innovation in the form of a cryptocurrency that uses a payment network from user to user. Crypto has become a phenomenon nowadays. Based on the results of the Global Web Index Survey, 10% of internet users in Indonesia already own digital currencies, it can be said that Indonesia is ranked 5th most crypto users in the world. Crypto or can be called crytocurrency has a fairly high risk. Then kirpto has a change in value that is only enthusiasm at any time. Krip toalso has a lack of regulation and still leaves legality issues. This research was conducted to determine the existence of bitcoin trading to the national economy. The use of bitcoin over time is increasing in Indonesia. For this reason, before the use of bitcoin is increasing, we must understand the influence and impact of bitcoin trading on the national economy. Only nine countries have legalized bitcoin, it is questionable why many countries have not legalized bitcoin. This study aims to find out how bitcoin trading conditions in Indonesia. The results of this journal will discuss the effect of bitcoin trading on the national economy even though in Indonesia it is prohibited and recognized as legal tender. This can be viewed from several factors such as from the nominal side of bitcoin which is considered excessive, especially in the picture of the economic crisis.
Problems and Challenges on Environmental Law Enforcement in Indonesia: AMDAL in the Context of Administrative Law
Environmental issues have been increasingly recognized as significant challenges facing Indonesia, as a developing country with a rapidly growing population and a rapidly expanding economy. In recent years, environmental degradation and natural resource depletion have become more acute, resulting in increased pressure on the government to take stronger action to protect the environment. Despite the existence of environmental laws in Indonesia, environmental degradation continues to occur, highlighting the need for better enforcement and stronger legal protections. One of the major environmental problems in Indonesia is deforestation, which is driven by the expansion of agricultural land, mining activities, and logging. This has resulted in significant habitat loss and biodiversity decline, as well as increased greenhouse gas emissions from the loss of forest cover. Additionally, Indonesia’s coastline and marine ecosystems are threatened by pollution from industrial activities and plastic waste, which has adverse effects on marine life and human health. Environmental laws in Indonesia include a range of regulatory measures, such as the Environmental Impact Assessment (EIA) and Forest Law Enforcement, Governance and Trade (FLEGT) programs. However, the implementation of these laws is often inadequate, with weak enforcement and a lack of effective penalties for non-compliance. Moreover, corruption and lack of political will have been identified as key factors that hinder the effective implementation of environmental laws in Indonesia.
Implementation of Strict Liability by Companies in Cases of Environmental Damage in Indonesia: An Overview of State Administrative Law in Indonesia
Strict liability in the context of companies in environmental damage refers to the legal principle which states that companies can be held fully responsible for environmental damage resulting from their operational activities, without having to prove the fault or negligence of the company. This means that the company can be held responsible for environmental damage caused, whether intentionally or unintentionally. This study used normative legal research, while the approaches used are combining statutory, a conceptual and a case approach. The development of strict liability in positive law in Indonesia has experienced development and refinement over time, indicated by the application made in several cases concerning environmental violations by several irresponsible parties. Basically, the implementation of strict liability really helps the aggrieved parties, especially the common people, in enforcing environmental laws in Indonesia. The principle of strict liability in environmental damage has a number of important implications. First, companies are required to take careful precautions in their operations to prevent environmental damage. They must follow strict environmental standards and implement suitable technologies to reduce their negative impact on the environment. Second, companies must pay compensation for environmental damage resulting from their operations, even if they are not to blame for the damage. The principle of strict liability eliminates the need to prove the company's fault or negligence, therefore that the company must be financially responsible for the environmental losses incurred.
PERTANGGUNGJAWABAN MEDIS ATAS KORBAN TINDAK PIDANA MALPRAKTEK KEDOKTERAN
The responsibility of the medical world to victims of criminal acts of medical malpractice is that the responsibility for the practice is an error of omission or negligence when determining the execution that results in injury or death, besides that there are no mistakes made by wrongful considerations for which the responsibility is asked. From that explanation, the formulation of the problem: the factors that cause doctors to malpractice, the regulation of medical malpractice according to Indonesian criminal law, what kind of responsibility is carried out by a medical person for malpractice according to health law, the method used is normative juridical, namely by reviewing books and also health law literature, sources of data obtained are primary and secondary legal materials consisting of the Criminal Code, Health Act and secondary legal materials consisting of books, literature and journals. The data collection technique is carried out by how to review and review legal books related to health law. The results of this study are expected that a doctor is always careful in carrying out a medical practice so that malpractice does not occur in addition to the need for a patient to understand and also consult his illness so that a doctor understand understand the illness he suffers, for the law to be reaffirmed because it is still lacking with what is happening in the field.