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All Journal Jambe Law Journal AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Journal of Constitutional Law Society (JCLS)
Ali, Chaidir
Research And Dedication Department, Universitas Lampung
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Law Making Treaties: The Implication of International Law towards Indonesia’s Legislations Rudi Natamiharja; Rudy Rudy; Chaidir Ali
Jambe Law Journal Vol 3 No 2 (2020)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.3.2.191-210

Abstract

In relation to promoting global issues in international forums, several sources of international law are formed. These formed laws are in the figure of law-making treaties, which are closely related to international regimes that influence the behavior of international actors. However, in developing countries, such as Indonesia, International law is considered the outermost layer of the legal order under national law, colonial law, religious law, and customary law. Thus, it is a challenge for international laws to be enforced in a broad society. Therefore to make international law hold an implementative power, the laws need to be adopted in the national law. This article aims to examine the implication of international laws, especially in international treaties towards Indonesia legislation. It is carried out by mapping a series of international treaties ratified and enacted through national laws in Indonesia. The results of this study demonstrates that until 2019 the Indonesian Government has bound itself in 302 agreements. From the 302 treaties, only 61 international treaties were Law-Making Treaty, and only UNCLOS 1982 has implicated by the Indonesian Government through Law No. 32 of 2014 concerning Maritime Law.
UPHOLDING THE ERGA OMNES PRINCIPLE: THE ROLE OF CONSTITUTIONAL COURT DECISIONS IN THE FORMATION OF INDONESIA'S NEW PENAL CODE: MENEGUHKAN PRINSIP ERGA OMNES: PERAN PUTUSAN MAHKAMAH KONSTITUSI DALAM PEMBENTUKAN KUHP BARU INDONESIA Ali, Chaidir; Meidiantama, Refi
Constitutional Law Society Vol. 4 No. 1 (2025): March
Publisher : Center for Constitutional and Legislative Studies University of Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/cls.v4i01.102

Abstract

The erga omnes principle, denoting obligations owed universally rather than to specific parties, plays a crucial role in constitutional law and judicial review. In Indonesia, the Constitutional Court upholds this principle by ensuring its rulings have a binding effect on all legal actors and institutions. This paper examines how the Court's jurisprudence has shaped the new Indonesian Penal Code through landmark constitutional decisions. By analyzing key rulings that annulled provisions from the colonial-era Penal Code, this study explores the Court’s influence on legislative reform and human rights protections. Utilizing normative legal research methods, including statute, case, and conceptual approaches, this study assesses how the Constitutional Court enforces the erga omnes principle through judicial review. The findings reveal that while several unconstitutional provisions from the old Penal Code were removed, some were reintroduced in the new code with modifications, often as complaint-based offenses to balance legal certainty with free expression. Despite these revisions, concerns persist regarding the potential misuse of reintroduced provisions to suppress dissent. This study underscores the Constitutional Court’s role in safeguarding democracy by ensuring its decisions are universally applicable. However, challenges remain in enforcing compliance with its rulings. As Indonesia continues its legal evolution, ongoing judicial oversight will be essential to uphold constitutional supremacy, human rights, and the rule of law.
Formal Constitutional Review Paradox: The Law on Legislation Making between Legal Procedure and Constitutional Norms Ali, Chaidir; Fatmawati
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 1 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v51.27578

Abstract

This paper analyses the paradoxical status of the Law on Legislation Making (LOLM) as a benchmark in formal constitutional review of legislation in Indonesia. Although the 1945 Constitution mandates procedural regulation through Article 22A, it offers minimal substance on the formal techniques of law-making, delegating this authority to statutory legislation. This gap creates ambiguity in judicial practice, especially for the Constitutional Court in performing formal reviews. Employing normative legal research, this study combines statutory, case, and comparative approaches, and also by examining 67 Constitutional Court decisions from 2003–2024. The findings revealed that LOLM is increasingly used as an imperative benchmark in formal reviews, despite some judicial reluctance and interpretive contradictions. The paper highlights three key jurisprudential provide within Constitutional Court Decision No. 001-021-022/PUU-I/2003, No. 27/PUU-VII/2009, and No. 91/PUU-XVIII/2020—which affirm LOLM’s normative authority in ensuring procedural compliance with the 1945 Constitution. Comparisons with constitutional practices in Jordan, Azerbaijan, Korea, Myanmar, and Türkiye show that legislative instruments is a legitimate judicial tool when constitutions are substantively incomplete. The research concludes that LOLM, although a statutory law, must be treated as a constitutionally imperative norm in formal judicial review. To preserve its legitimacy and legal stability, LOLM should regulate all technical aspects of legislative procedure comprehensively without sub-delegation to institutional regulations. LOLM must maintain fidelity to the 1945 Constitution principles while ensuring procedural rigor in legislative formation.
Co-Authors Fatmawati Fatmawati Meidiantama, Refi Natamiharja, Rudi rudy rudy