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All Journal Jurnal Hukum Respublica JOURNAL EQUITABLE JOURNAL OF SCIENCE AND SOCIAL RESEARCH Jurnal Ilmu Hukum The Juris Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Esensi Hukum Daengku: Journal of Humanities and Social Sciences Innovation Collegium Studiosum Journal AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Journal Indonesia Law and Policy Review (JILPR) HUKMY : Jurnal Hukum Jurnal Pengabdian Masyarakat Bangsa ANDREW Law Journal GEMBIRA (Pengabdian Kepada Masyarakat) Jurnal Pengabdian Kompetitif Rechtsvinding Jotika Research in Business Law
Libra, Robert
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Legal Philosophy Review of The Authority to Add Norms in the Constitutional Court Decision No. 90/PUU-XXI/2023 Oktapani, Silm; Libra, Robert
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

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Abstract

The Constitutional Court (MK) has a central role in maintaining the constitutionality of laws in Indonesia. One of its important functions is to review laws against the 1945 Constitution. However, the Constitutional Court's review should still respect the authority of the legislative power as the legislator. On the contrary, the addition of provisions occurred in Constitutional Court Decision No. 90/PUU-XXI/2023. The problems raised in this research are the position of Consitutional Court as the guardian of the constitution and the legal philosophy review of the authority to add norms in the a quo decision. The method used is normative juridical with a statutory, conceptual, and philosophy approach. The Constitutional Court did not reflect as the guardian of a quo decision. Then, philosophical analysis of the a quo decision found the following points: 1) in terms of positivism, the Constitutional Court exceeded its authority; 2) the addition of provisions in a quo decision has significant impact on national legislation; and 3) the limitation of the Constitutional Court's authority in adding provisions in its decision.
IMPLEMENTATION OF ISSUANCE OF LAND TITLE CERTIFICATES IN PEAT AREAS IN PEKANBARU CITY Irwan; Harahap, Irawan; Libra, Robert
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 2 (2026): Journal Indonesia Law and Policy Review (JILPR), February 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v7i2.592

Abstract

Land certificates are expected to guarantee legal certainty, protect community rights, while still paying attention to the ecological function of peat as part of the environment. The purpose of this study is to analyze the implementation, obstacles, and efforts to overcome obstacles in the issuance of land title certificates in peat areas in Pekanbaru City. The method used is sociological legal research. Based on the results of the study, it is known that the implementation of the issuance of land title certificates in peat areas in Pekanbaru City has not been carried out optimally, because the issuance of land title certificates in peat areas also has the potential to cause conflicts between the legal certainty of land rights and the interests of protecting the peat ecosystem if not accompanied by strict spatial use controls. Therefore, land certification in peat areas cannot be interpreted solely as legalization of land ownership, but must be placed within a conditional legal framework that takes into account the social function of land and environmental sustainability. Obstacles are complex and multidimensional in nature, including the unclear status and function of peat areas, which requires caution from land officials to avoid conflict with spatial planning and environmental protection provisions. Furthermore, the unstable physical condition of peatland causes difficulties in measuring and establishing boundaries, thus slowing the technical certification process. From an administrative and legal perspective, weak land rights, poorly documented land ownership histories, and overlapping land ownership claims are still common. This is exacerbated by the lengthy coordination process between agencies. Meanwhile, from the community perspective, obstacles also arise from a lack of understanding of land and environmental law, as well as minimal outreach and assistance, often making it difficult for applicants to meet the stipulated requirements.
Co-Authors Afrita, Indra Ardiansah Ardiansah, Ardiansah Ardiansah, Ardiansah Ardiansyah Arifalina, Wilda Aslati Aslati Eddy Asnawi Effendi Fahmi Fahmi Harahap, Irawan Irwan Junaidy, Junaidy Muhammad fauzan Muhammad Fauzan MUHAMMAD ZAINAL Muhardi , Dedi Mursalin . Noerdin, Zulkarnaen Novriani Okfalisa Okfalisa Oktapani, Silm Oktapani, Silm Ramadhani, Dwita Feby Sabri, Firdaus Pratama Saflan, Don Zulkarnaen Noerdin