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All Journal Diponegoro Law Review Yuridika
Katherina, Ave Maria Frisa
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Law, Crime, Criminology & Criminal Justice

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FAST TRACK LEGISLATION WITHOUT A LEGAL TRACK: A COMPARATIVE CRITIQUE OF ACCELERATED LAW-MAKING IN INDONESIA AND OTHER JURISDICTIONS Kaharuddin, Kaharuddin; Moechthar, Oemar; Sekarmadji, Agus; Karunia, Dinar; Kristianti, Dwi Rahayu; Widianti, Ekawestri Prajwalita; Katherina, Ave Maria Frisa; Hidayat, Yogi
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.199-215

Abstract

This study critically examines the trend of "fast-track legislation" in Indonesia, particularly focusing on the Omnibus Law on Job Creation, the IKN Law, and the 2024 Constitutional Court Law. While fast-track legislation is often used as a tool for crisis management, Indonesia’s approach raises significant concerns due to its lack of a formal procedural framework. Unlike mature democracies such as the United Kingdom, the United States, and New Zealand, which have regulated systems for expedited law-making, Indonesia’s fast-track process is largely unregulated and accelerates policy changes without proper public scrutiny. The study uncovers a troubling pattern where speed becomes a substitute for thorough deliberation, leading to a democratic deficit and allowing executive power to bypass essential checks and balances. By comparing Indonesia’s practices with those of established democracies, the research highlights that fast-track mechanisms can be effective when guided by clear legal standards, judicial review, and transparency. However, Indonesia’s current system risks undermining democratic accountability, as urgency is often used as a tool to avoid public participation and scrutiny. The article concludes by calling for the urgent codification of a transparent, participatory framework for expedited legislation within Indonesia’s existing legal structures. This framework should define criteria for urgency, ensure procedural safeguards, and prioritize public involvement, ultimately ensuring that the pursuit of speed does not come at the cost of democratic integrity.
A Juridical Study of Granting Wills to Heirs in the Perspective of Islamic Inheritance Law Moechthar, Oemar; Sekarmadji, Agus; Katherina, Ave Maria Frisa
Yuridika Vol. 37 No. 3 (2022): Volume 37 No 3 September 2022
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/ydk.v37i3.41161

Abstract

This paper is intended to criticize the societal practices that occur, especially in Indonesia, where many heirs during their lifetime give wills to heirs who have been given a particular part in the Qur'an, which results in other (experts) heirs not getting a share or obtaining. Less than that specified in the Qur'an. One of the contributing factors is because, according to the heir, the provision of the will is to provide justice for all his heirs; however, fairness according to the heir is different from justice in the distribution of inheritance according to the Al-Qur'an and Hadith. Legal research uses this case approach as the primary analysis juxtaposed with the statutory approach and the conceptual approach as the 'knife' of analysis. The thesis or argument obtained is related to aspects of Islamic law; it is not appropriate for the heir to give a will to someone who is an heir whose part has been assigned in the Al-Quran and Hadith.
Co-Authors Agus Sekarmadji Dwi Rahayu Kristianti Hidayat, Yogi Kaharuddin Karunia, Dinar Oemar Moechthar Widianti, Ekawestri Prajwalita