Administrative and Environmental Law Review

Omnibus Law In The Dynamics Of Constitutional Law: A Comparative Research Of Indonesia, The United States, The Philippines, And Canada

2025-03-10T02:09:18+00:00

The omnibus law is a legislative technique designed to streamline regulations by consolidating diverse legal norms into a single statute. In Indonesia, this method has been adopted through the Job Creation Law to enhance legislative efficiency and stimulate economic growth. However, its implementation has raised concerns regarding constitutional democracy, public participation, and adherence to the rule of law as articulated in the 1945 Constitution. This article explores the tension between regulatory efficiency and democratic principles within Indonesia’s constitutional framework. Key issues include limited public engagement, potential infringements of constitutional rights, and the erosion of checks and balances in the legislative process. Using a normative and comparative approach, the research concludes that while the omnibus law offers potential for regulatory reform, its application must be grounded in democratic values, transparency, and social justice to uphold the rule of law.

A Pancasila Perspective On The Clarity Of Legal Formulation Regarding The Single Bar Advocate Organization In Indonesia

2025-04-22T02:03:18+00:00

The ongoing debate over the single bar system for advocate organizations in Indonesia, which remains unresolved in the Draft Law on Amendments to the Advocate Law. Using a normative juridical method with philosophical, comparative, and conceptual approaches, the research analyzes the single bar concept through the lens of Pancasila as the foundation of the rule of law and legal objectives. Findings reveal legal uncertainty and disharmony in implementing the single bar model. While a single bar can strengthen advocates’ roles through standardized ethics and competence, challenges include resistance from existing organizations, maintaining advocate independence, and defining state supervisory roles. The research argues for inclusive, transformative regulations aligned with Pancasila values to balance professionalism and freedom within the legal profession. It concludes that responsive legal politics is essential to clarify the single bar framework in the Advocate Law revision..

The State’s Right to Control and Local Government Authority in the Mining Sector: A Legal-Policy Research

2025-06-02T02:47:58+00:00

The management the mining sector is under the state’s authority as mandated by the Indonesian Constitution. The principle of Hak Menguasai Negara (State’s Right to Control) grants the state comprehensive authority over mining activities, including policy-making, licensing, and supervision. However, decentralization policies have shifted the balance of power between central and regional governments. This paper analyzes the legal and policy frameworks governing this division of authority, focusing on the role of local governments. Employing normative legal research through the examination of statutes and legal principles, the research finds that the centralization of mining permits under Law No. 3 of 2020 has significantly diminished local governments’ authority, resulting in governance inefficiencies and economic imbalances. The paper further explores asymmetric decentralization as a potential approach to harmonize state control with meaningful local government participation.

Integration of Absolute Authority of District Courts and State Administrative Courts in Land Disputes through Koneksitas Courts

2025-07-01T02:34:03+00:00

Land disputes in Indonesia often encounter legal uncertainty due to the rigid separation of judicial authority between district courts, which adjudicate ownership disputes, and state administrative courts (PTUN), which review the legality of land ownership certificates. This jurisdictional divide frequently leads to inconsistent or contradictory rulings over the same land, reflecting a systemic challenge in the Indonesian judicial system. This research examines mechanisms to overcome the impasse of absolute competence between the two courts, focusing on the development of a connectivity court model that integrates their functions. Employing a normative legal method with a statutory approach, the study proposes the modification of procedural law to establish a connectivity court that enables joint adjudication of civil ownership and administrative certificate disputes. Such a mechanism not only ensures legal certainty and coherence in decisions but also promotes justice that is simple, efficient, and affordable, while optimizing existing judicial infrastructure and avoiding the complexities and costs associated with creating a specialized agrarian court.