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All Journal International Journal of Health, Engineering and Technology Jurnal Kajian Ilmu Hukum
Zulfikri Toguan
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Agriculture, Biological Sciences & Forestry Chemical Engineering, Chemistry & Bioengineering Dentistry Engineering Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Mechanical Engineering Medicine & Pharmacology Nursing Public Health Veterinary

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THE FOREIGN INVESTMENT IN THE INDONESIAN CAPITAL CITY FROM THE PERSPECTIVE OF THE CONSTITUTIONAL ECONOMIC CONCEPT IN INDONESIA EKI SUDARNO; Zulfikri Toguan; Rafael Febriant Tua Hutauruk
Jurnal Kajian Ilmu Hukum Vol. 5 No. 2 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i2.2405

Abstract

Abstract Development must continue to be carried out in order to create equity, the development carried out today aims to sustain life in the present and the future. If we feel the impact of development today, it means that our predecessors managed the country successfully. And all that is done today is for the good of the world. This study is a research literature. Activities are carried out systematically to collect, process, and conclude data using certain methods/techniques to find answers to the problems faced. This study uses a qualitative approach, a research process to understand human or social phenomena by creating a comprehensive and complex picture that can be presented in words, reporting detailed views obtained from source informants, and carried out in a natural setting. The data of this study were obtained from library sources consisting of books, journals, Scientific Papers, legislation, documents, and so forth. The results showed that the transfer of the state capital missed the complete process and mechanism, seen the most dominant executive in the process of moving the capital. The transfer, which was established in conjunction with the covid-19 response, caused a negative reaction from the public. Then the investment mechanism carried out by the government is considered contrary to the constitutional economic system because the government ignores the interests of the people. Keywords: Foreign Investment, IKN, economic Constitution.
Regulatory Disharmony In Mining Downstream Policies: Ensuring Investment Certainty And Environmental Protection In Indonesia Arya Elang Anom; Zulfikri Toguan; Azbi Arief Habibi
International Journal of Health Engineering and Technology Vol. 5 No. 2 (2026): Vol 5. No. 2 JULY 2026
Publisher : CV. AFDIFAL MAJU BERKAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55227/ijhet.v5i2.1051

Abstract

Indonesia's mining downstream (hilirisasi) policy, grounded in Law Number 3 of 2020 on Mineral and Coal Mining and Law Number 11 of 2020 on Job Creation, faces serious challenges stemming from regulatory disharmony that threatens investment certainty and weakens environmental protection. This study aims to analyze three main dimensions of such disharmony: first, the normative conflict between centralization of mining authority and regional government authority under Law No. 23 of 2014; second, the "green economy" paradox between promoting nickel downstream for the global electric vehicle supply chain and tangible ecological damage on the ground; third, the fragmentation of environmental responsibility following the establishment of Danantara as a Sovereign Wealth Fund. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings indicate that regulatory disharmony creates normative vacuums in local-level environmental oversight, generates risks of greenwashing in Indonesia's green economic diplomacy, and obscures the locus of responsibility between parent companies and operating subsidiaries for environmental compliance. This study recommends the establishment of an integrative legal instrument mandating ESG (Environmental, Social, and Governance) internalization as a precondition for business certainty, supported by multi-level oversight mechanisms that preserve meaningful regional roles.
THE FOREIGN INVESTMENT IN THE INDONESIAN CAPITAL CITY FROM THE PERSPECTIVE OF THE CONSTITUTIONAL ECONOMIC CONCEPT IN INDONESIA EKI SUDARNO; Zulfikri Toguan; Rafael Febriant Tua Hutauruk
Jurnal Kajian Ilmu Hukum Vol. 5 No. 2 (2026): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v5i2.2405

Abstract

Abstract Development must continue to be carried out in order to create equity, the development carried out today aims to sustain life in the present and the future. If we feel the impact of development today, it means that our predecessors managed the country successfully. And all that is done today is for the good of the world. This study is a research literature. Activities are carried out systematically to collect, process, and conclude data using certain methods/techniques to find answers to the problems faced. This study uses a qualitative approach, a research process to understand human or social phenomena by creating a comprehensive and complex picture that can be presented in words, reporting detailed views obtained from source informants, and carried out in a natural setting. The data of this study were obtained from library sources consisting of books, journals, Scientific Papers, legislation, documents, and so forth. The results showed that the transfer of the state capital missed the complete process and mechanism, seen the most dominant executive in the process of moving the capital. The transfer, which was established in conjunction with the covid-19 response, caused a negative reaction from the public. Then the investment mechanism carried out by the government is considered contrary to the constitutional economic system because the government ignores the interests of the people. Keywords: Foreign Investment, IKN, economic Constitution.
Co-Authors Arya Elang Anom Azbi Arief Habibi EKI SUDARNO Rafael Febriant Tua Hutauruk