Jurnal Penegakan Hukum dan Keadilan

The Fragility of Meaningful Law Enforcement in Indonesia Viewed from A Progressive Law Perspective

2025-02-04T11:10:01+07:00

Through a holistic approach to the conceptualization of progressive law, this research aims to analyze and provide a comprehensive view of the fragile meaning of law in Indonesia after the MKMK decision Number 2/MKMK/L/11/2023 as viewed from progressive law. This research is normative or dogmatic legal research which refers to two data sources: primary and secondary. The primary source refers to MKMK Decision Number 2/MKMK/L/11/2023. Furthermore, secondary sources include law books, law research results, and the views of experts, especially the Progressive Law paradigm by Prof. Satjipto Rahardjo. The research results show that MKMK Decision Number 02/MKMK/L/11/2023 marks the point of fragility of the meaning of law in Indonesia based on violations of the Constitutional Court Judge's Code of Ethics and Behavior by Anwar Usman as Chief Judge of the Constitutional Court at the time of ratification of Constitutional Court Decision Number 90/PUU -XXI/2023 which is full of personal interests. The “nemo judex in causa sua” principle in law indicates that a judge cannot handle cases involving his interest. That is important to revitalize the meaning of law by promoting progressive law that prioritizes morality to minimize ethical defects in the rule of law in the future.

A Look at Women's Representation in Indonesia After the 2019 Election

2025-01-22T09:28:12+07:00

Women's representation in parliament certainly has an important role. As users of regulations, women also have the same political rights as men. Women's representation has a critical role in increasing community welfare because women, such as problems regarding reproductive health and violence, better understand various issues. However, women's representation in Indonesia, unfortunately, has not reached 30% of the total parliamentarians. Affirmative action in Indonesian politics has been carried out since the 2009 election. Unfortunately, until the 2019 election, women's representation in parliament only reached 21%. The aims of this research is to investigate the post-reform elections and women's representation in parliament after the 2019 elections developed. This research uses normative juridical research that will analyze regulations regarding elections, accompanied by secondary data. The initial result of this study is that the lack of women's representation in Indonesia is caused by various factors, such as political parties' understanding of women's representation as an administrative requirement only and patriarchal culture that is too deeply rooted in Indonesian society that contributes to hindering women's representation in parliament.

Development Law Politics in Village Authority Related to Spatial Planning in Indonesian

2025-02-04T15:25:51+07:00

Development law significantly influences the direction of village management policies and the regulation of authority, particularly within the realm of spatial planning. Lacking an effective spatial plan hinders the optimization of regulations for sustainable development in villages, leads to conflicting regulations, and impedes local community involvement in harnessing their natural resource potential. This research employs a normative legal methodology grounded in specific methods and systematic thinking, intending to examine a phenomenon of legal issues through a sociolegal lens. The findings of the political and legal study consider village autonomy as a cohesive legal entity within a region that possesses the power to establish its administration, develop regional plans, and manage natural resources for the advantage of local populations, adhering to the principle of decentralization. The idea of village autonomy refers to the capability and initiative of the village community to independently organize and oversee the village’s potential, demonstrating its existence as a quality and self-sufficient community unit. Law Number 3 of 2024 governs the political and legal dimensions of development, assigning a strategic role to villages in executing spatial management development. Based on this law, the transparency of village authority promotes community involvement in the village spatial planning process. However, this law also has positive and negative impacts. On the one hand, it will improve the village economy because the community can manage and run their businesses independently and legally. However, the crucial implication is the loss of local community rights due to unclear derivative regulations.

Protection of Inheritance Rights for Balinese Men Who Convert to Another Religion

2024-10-19T16:51:21+07:00

This study discussed how legal protection guarantees the inheritance rights of Balinese men who convert. The research method used a normative legal approach by utilizing primary, secondary, and tertiary legal materials. The research materials were analyzed prescriptively. The study shows that according to Balinese custom, a man will be recognized as an heir and has the right to receive inheritance if he has the same religion as the testator, such as Hinduism. Legally, a child who apostatizes from his religion, in this case, leaving the Balinese or Hindu religion, remains an heir. Article 830 of the Civil Code states that inheritance occurs due to death, and Article 838 of the Civil Code emphasizes that heirs are those who have legitimate blood relations. In essence, according to the Civil Code, inheritance can be given to heirs even though they have a different religion from the testator or even though the heir no longer follows customary law or his religion. Thus, the state provides a guarantee that Balinese men who have a different religion from the testator will still receive protection to receive a share of the inheritance according to the Civil Code.