Constitutionale

The Politics Of Agrarian Conflict And Community Struggles For Land Access Rights: The Role Of Contemporary Education

Ricco Andreas — 2025-03-17

The agrarian conflict in Moro-Moro Register 45, Mesuji Regency, Lampung, has significantly impacted the local community, particularly in restricting children's access to education. The enforcement of Law No. 18 of 2013 on the Prevention and Eradication of Forest Destruction and Law No. 30 of 2014 on Government Administration has further complicated the situation by limiting the community's rights to manage and utilize natural resources, making it difficult for residents in forest areas to access adequate educational services. This research examines two key issues: the role of education as a tool of resistance for the Moro-Moro Register 45 community in defending their rights and the impact of agrarian conflict on their struggle for land access. Using a qualitative and socio-legal approach, this research integrates legal analysis with social inquiry, drawing on desk research, direct observations, and in-depth interviews with community members and stakeholders. The findings indicate that the politics of education is a crucial instrument for the Moro-Moro community in advocating for social change, particularly in addressing agrarian disputes and seeking social justice at the governmental level. Furthermore, agrarian conflicts often stem from systemic injustices in the distribution and management of natural resources, with land emerging as a central point of contention between the state, private enterprises, and local communities or small-scale farmers.

The Theory of Justice and Ultra petita Decisions: A Critical Analysis of Judicial Review in the Constitutional Court

Eza Tri Yandy — 2025-03-25

Under Law Number 24 of 2003, the Constitutional Court of Indonesia issues three types of decisions: inadmissibility, acceptance, and rejection. Over time, the Court introduced additional categories, including conditional constitutional and conditional unconstitutional decisions. As legal disputes have become increasingly complex, the Court has also issued ultra petita rulings, granting decisions beyond the scope of the petitioner's request. This research examines the evolution of justice theories and their relevance to the ultra petita decisions in judicial review cases. Using a normative legal research approach with conceptual and case-based methodologies, this research analyzes legislative texts, books, journals, and research reports through qualitative descriptive techniques. The findings reveal varying philosophical perspectives on justice: Plato views justice as intrinsic harmony, Aristotle differentiates between general and specific (proportional) justice, and John Rawls emphasizes fairness through the "original position" and "veil of ignorance." The ultra petita ruling in Case 90/PUU-XXI/2023 altered the presidential and vice-presidential age requirement by adding the qualification of previously holding an elected regional position. Meanwhile, Case 60/PUU-XXII/2024 redefined the regional head nomination threshold, setting aside the 20% DPRD seat or 25% vote requirement. Both decisions reflect procedural and substantive justice, ensuring fair outcomes. However, to prevent judicial overreach and uphold legal certainty, clear regulations on the Constitutional Court’s authority in issuing ultra petita decisions are essential..

Formulation and Implications of the Job Creation Law on Legal Protection in Indonesia's Forestry Sector

Fitri Setiyani Dwiarti — 2025-04-30

The forestry sector is significantly impacted by the Job Creation Law, which alters the legal framework governing the sector. This paper explores the formulation of forestry policies under the Job Creation Law and examines its implications for forest protection in Indonesia. A normative juridical research method is employed, focusing on the analysis of relevant theories, doctrines, and statutory regulations. Key changes in forestry sector regulations include the confirmation of forest areas, determination of forest area size, modifications to the designation and function of forest areas, the utilization of production and protected forests, business permits, non-tax state revenues (PNBP), use of forest areas outside forestry activities, and the roles of central and regional governments in forest protection. Additionally, the law revises prohibitions on activities leading to forest destruction and adjusts sanctions and procedural laws concerning forest-related criminal cases. These changes raise concerns regarding the potential for increased forest area conversion, reduced community involvement in forest management, and weakened sanctions, particularly the removal of absolute liability, which may undermine effective forest protection.