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THE SUPREME COURT'S AUTHORITY AS AN IMPLEMENTER OF INDEPENDENT JUDICIAL POWER IN THE RECRUITMENT OF JUDGES Teguh, Pri Pambudi; Bachmid, Fahri; Rumadhan, Ismail
Jurnal Hukum dan Peradilan Vol 11 No 2 (2022)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.11.2.2022.343-364

Abstract

The primary issue addressed in this study is how the Supreme Court's authority is autonomous in hiring judges with the status of state officials for judicial organizations within its jurisdiction. Because the legislation was the primary source of information, this study took a normative juridical approach. The study's findings indicate that the current legal framework is not yet fully capable of accurately regulating, thoroughly implementing, and enforcing the judicial system and pattern and judges' status as state officials. The current system and pattern of judicial recruitment continue to demonstrate the lack of transparency and uncertainty regarding the legal rules governing the recruitment pattern of judges with state official status. The existing rules retain a tenuous legitimacy because they are not governed by the Constitution, which establishes an independent Judicial Authority charged with enforcing law and justice. As a result, it will be required to enact new rules and regulations governing the system and pattern of recruitment of judges in accordance with the characteristics of judges' positions as state officials in the future to ensure the implementation and accountability of judicial responsibilities.
The Urgency and Direction of Environmental Insurance in Indonesia: A Constitutional Law Perspective Teguh, Pri Pambudi; Mustakim, Mustakim; Chansrakaeo, Ruetaitip
Jambe Law Journal Vol. 9 No. 1 (2026): 2026
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/43h4fa32

Abstract

A recent decision of the Indonesian Constitutionalourt’shas significant implications for the principle of utmost good faith in insurance practice, particularly by strengthening reciprocal duties between insurers and insured parties and restricting unilateral policy termination. This has implications for various types of insurance, including environmental insurance. This research focuses on analyzing the urgency and orientation of environmental insurance in Indonesia after Constitutional Court Decision Number 83/PUU-XXII/2024. This normative legal research confirms that the urgency of specific regulations on environmental insurance in Indonesia is increasingly pressing, particularly due to large-scale ecosystem degradation caused by industrial activities, mining exploitation, and other high-risk sectors. This study offers a novel regulatory framework for environmental insurance in Indonesia by linking the Indonesian Constitutional Court’s reinterpretation of Article 251 of the Commercial Code (KUHD) with the future legal design of Environmental Liability Insurance (ELI). The research finds that the Court’s approach to contractual fairness requires environmental insurance regulation to shift toward stronger consumer protection and procedural safeguards. It argues that future regulations should institutionalize reciprocal utmost good faith obligations, prevent unilateral policy cancellation, and require objective proof of material environmental risk through due process mechanisms. This study also proposes expanding mandatory ELI beyond the limited B3 waste regime to other high-risk sectors such as mining, plantations, chemical industries, and infrastructure projects. This contributes by integrating constitutional doctrine into environmental insurance governance