Rahmat Saputra
Universitas Bhayangkara Jakarta Raya, Jakarta, Indonesia

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Environmental Law in Responding to Environmental Damage Due to Carbon Emissions Marsha Angelina Utoyo Sinaulan; Rahmat Saputra; Sugeng
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.552

Abstract

Carbon emissions are a major contributor to environmental damage and global climate change. This article examines the role and effectiveness of environmental law in Indonesia in addressing damage caused by carbon emissions, using an empirical juridical approach. Through legislation such as Law Number 32 of 2009 concerning Environmental Protection and Management and Presidential Regulation Number 98 of 2021 concerning the Economic Value of Carbon, it is found that Indonesia has a sufficient legal basis from a normative perspective. However, the case studies of the Suralaya coal-fired power plant and the forest fires in Riau demonstrate that law enforcement remains weak, inconsistent, and often biased against ecological victims. An analysis of expert citations highlights the importance of law as a transformative instrument that not only regulates but also protects and enforces the law. This article recommends law enforcement, criminal sanctions against corporations, and public involvement in oversight as concrete steps towards ecological justice and sustainable development.
The Politics of Law Regarding The Strengthening of The Checks and Balances System in The Indonesian Constitutional Order Post-Reform: Muhammad Firdiansyah; R. Lina Sinaulan; Rahmat Saputra
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 1 (2026): Siber International Journal of Advanced Law (July - September 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i1.409

Abstract

 This study aims to examine the legal policy regarding the regulation of the checks and balances system in Indonesia's post-reform constitutional framework and to determine the direction of legal policy for strengthening this system to realize the principles of the rule of law and constitutional democracy. A normative-juridical legal research method was employed. The findings indicate that the post-reform legal policy concerning the checks and balances system was directed at limiting state power through the division of authority among institutions, grounded in the principle of constitutional supremacy. Although these mechanisms were strengthened through amendments to the 1945 Constitution, their implementation continues to face various challenges. Therefore, strengthening institutional independence, accountability, and inter-institutional oversight is essential to optimally realize the principles of the rule of law and constitutional democracy. The direction of legal policy for strengthening the checks and balances system aims to establish a balance of power among state institutions, reinforce constitutional supremacy, and prevent the abuse of authority. By strengthening oversight mechanisms, accountability, and the independence of state institutions, the constitutional system is expected to effectively realize the principles of the rule of law and constitutional democracy.
The Status and Authority of the Indonesian Constitutional Court in Upholding Constitutional Supremacy Brurry Hariyanto; R. Lina Sinaulan; Rahmat Saputra
Siber International Journal of Advanced Law (SIJAL) Vol. 4 No. 1 (2026): Siber International Journal of Advanced Law (July - September 2026)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v4i1.410

Abstract

This article examines the status and authority of Indonesia’s Constitutional Court in safeguarding constitutional supremacy after the constitutional reforms of 1999–2002. It addresses two questions: how the Court is positioned within Indonesia’s post-reform constitutional architecture and how its enumerated powers operate as instruments of constitutional control. Using normative legal research, the study applies statutory, conceptual, and case-based approaches to the 1945 Constitution, legislation governing the Court, selected judgments, and comparative constitutional scholarship. The analysis finds that the Court is an autonomous constitutional organ exercising judicial power on an equal institutional plane with other principal state organs. Its authority to review statutes, resolve inter-institutional competence disputes, decide party dissolution and electoral-result disputes, and participate in presidential impeachment translates constitutional supremacy into enforceable law. Nevertheless, formal authority alone does not guarantee effective constitutionalism. The Court’s legitimacy also depends on judicial independence, ethical integrity, reasoned consistency, procedural openness, and compliance with judgments by political institutions. Conditional decisions and remedial interpretations can protect constitutional rights and prevent normative vacuums, but they require disciplined justification to avoid displacing democratic lawmaking. Strengthening constitutional supremacy therefore requires a balanced framework that protects decisional independence while reinforcing accountability, judgment implementation, institutional dialogue, and a durable constitutional culture.