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All Journal Jurnal Hukum IUS QUIA IUSTUM Jambe Law Journal
Amirullah, Muhammad Nur Rifqi
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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ICJ Jurisdiction Over the Case of Policy to Stop Nickel Exports: European Union v. Indonesia Gunawan, Yordan; Amirullah, Muhammad Nur Rifqi; Arumbinang, Mohammad Hazyar
Jambe Law Journal Vol. 6 No. 1 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.1.1-22

Abstract

The purpose of this paper is to explore the jurisdiction of the International Court of Justice (ICJ) regarding the European Union's legal action against Indonesia in response to Indonesia's policy to halt the export of raw materials derived from nickel ore. The research methodology employed for this paper is normative legal research, relying primarily on legal materials that encompass normative law for data collection. The outcome of this study indicates that Indonesia has implemented a measure to cease the export of raw materials derived from nickel ore, leading to the domestic downstream management of mineral resources within the country. In addition, the purpose of the export stop is the strong desire of the Indonesian government so that all raw materials are managed domestically and can invite investors from abroad to invest in Indonesia. However, the European Union (EU), as one of the enthusiasts and consumers of nickel ore raw materials, objected to the policy issued by Indonesia. The form of objection from the EU is to sue Indonesia to the WTO. The EU objected to the policies issued by the Indonesian government because they could interfere with various policies taken by the EU. The policy is expected that in 2050 the EU will be free from CO2 emissions. Furthermore, the EU argues that the cost of nickel ore, once domestically managed, is anticipated to undergo a significant increase, surpassing the prevailing market price. The author scrutinizes the jurisdictional aspects regulated by the International Court of Justice (ICJ) within this context
From Guardians to Threats? Abusive Judicial Review and Public Distrust Fathi, Muhammad; Riyanto, Aisyah Ajeng Putri; Prasetyoningsih, Nanik; Amirullah, Muhammad Nur Rifqi
Jurnal Hukum IUS QUIA IUSTUM Vol. 32 No. 2: MEI 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol32.iss2.art10

Abstract

This article investigates the crisis of public trust in Indonesia’s Constitutional Court, triggered by a series of controversial decisions that suggest the practice of abusive judicial review. It focuses on three pivotal rulings, Decision No. 90/PUU-XXI/2023, that collectively reveal a pattern of judicial behavior aligned with executive interests, undermining judicial independence and constitutional integrity. Utilizing a normative legal research method with statute, conceptual, and analytical approaches, the study critically examines how judicial overreach, ethical breaches, and procedural irregularities have contributed to institutional decay. The findings indicated that the Constitutional Court has shifted from its role as a counter-majoritarian institution to a political instrument, eroding legal certainty and democratic accountability. The involvement of justices in conflicts of interest, particularly in election-related cases, has intensified public skepticism and revealed systemic weaknesses in judicial appointment and oversight mechanisms. This paper argued that such decisions constitute a form of “abusive judicial review” that threatens Indonesia’s constitutional democracy. To restore judicial legitimacy, structural reforms are imperative, emphasizing transparent judicial recruitment, permanent ethical oversight bodies, and stronger civil society engagement. The article concluded that without substantial reform, the erosion of public trust may further delegitimize the Court as a guardian of the Constitution.
Co-Authors Arumbinang, Mohammad Hazyar Fathi, Muhammad Nanik Prasetyoningsih Riyanto, Aisyah Ajeng Putri Yordan Gunawan