M. Bembo Jati Perdana
Universitas Bengkulu Indonesia

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Implications of the Job Creation Law for Regional Authority in Environmental Protection and Management Muhammad Fikri; Muhammad Akbar Azhari; M. Bembo Jati Perdana
The Future of Education Journal Vol 5 No 2 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.2126

Abstract

Following the enactment of Law Number 11 of 2020 concerning Job Creation, fundamental changes have occurred in the environmental protection and management regime in Indonesia, particularly regarding the provisions regulated under Law Number 32 of 2009 concerning Environmental Protection and Management. These changes include the elimination, amendment, and introduction of new legal norms that significantly affect the environmentally based business licensing system. One of the most prominent implications is the shift of authority from local governments to the central government, particularly in terms of policy formulation, the issuance of environmental permits, and supervision of business activities with potential environmental impacts. Under the previous regulatory regime, local governments played a strategic role in the environmental licensing process, including the assessment of Environmental Impact Assessment (EIA/AMDAL) documents and the issuance of environmental permits. However, following regulatory reform through the Job Creation Law, the environmental licensing system has been integrated into a risk-based business licensing scheme, which places the central government as the dominant authority in decision-making processes. This shift has resulted in reduced local government autonomy in managing and protecting the environment within their respective regions, while also creating the potential for disharmony between central policies and local needs. This study employs a legal material analysis method with a qualitative approach based on library research. Data collection was conducted through an examination of relevant laws and regulations, legal doctrines, and scientific literature, which were further supported by expert opinions in the fields of environmental law and administrative law. This approach aims to obtain a comprehensive understanding of changes in legal norms and their implications for the authority of local governments. The purpose of this study is to examine and analyze in depth the authority of local governments in environmental protection and management after the enactment of the Job Creation Law, particularly concerning changes in the substance of environmental licensing regulations. Furthermore, this study also aims to identify the centralization of authority by the central government, which was previously under the domain of local governments, as well as its implications for the principle of regional autonomy and the effectiveness of environmental protection in Indonesia.
The Constitutionality of Regional Head Nomination Thresholds: A Perspective on Constitutional Court Decision No. 60/PUU-XXII/2024 Muhammad Fikri; Muhammad Akbar Azhari; M. Bembo Jati Perdana
The Future of Education Journal Vol 5 No 2 (2026)
Publisher : Lembaga Penerbitan dan Publikasi Ilmiah Yayasan Pendidikan Tumpuan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61445/tofedu.v5i2.2127

Abstract

The issue of the threshold requirement for regional head candidacy within Indonesia’s electoral system has long created disparities in political competition, particularly for small political parties that face difficulties in meeting the candidacy requirements. The relatively high threshold provisions stipulated in the Regional Election Law are considered to restrict the constitutional rights of political parties and potentially reduce the quality of local democracy. In this context, Constitutional Court Decision Number 60/PUU-XXII/2024 represents a significant turning point by lowering the threshold requirement for regional head candidacy. This study aims to analyze the constitutionality of the legal norms governing the threshold for regional head candidacy and the implications of the Constitutional Court’s decision on Indonesia’s democratic system. The research method used is normative legal research employing a statutory approach and a conceptual approach. The legal materials used include laws and regulations, court decisions, and relevant legal literature. The results of the analysis indicate that the reduction of the candidacy threshold by the Constitutional Court constitutes a constitutional measure to ensure the principles of equality and fairness in political rights, as guaranteed by the 1945 Constitution of the Republic of Indonesia. This decision expands access to political participation, particularly for small political parties and alternative candidates, and has the potential to improve the quality of local democracy through more open competition. The Constitutional Court’s decision not only corrects previously restrictive legal norms but also strengthens the protection of the constitutional rights of citizens and political parties while encouraging the realization of a more inclusive and representative democracy at the regional level.