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All Journal Lentera Hukum Jurnal Ilmiah Hukum LEGALITY
Ibrahim Nur, Asrul
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Law, Crime, Criminology & Criminal Justice

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Reconstruction of norm in selection system of Constitutional Court judge candidates from the perspective of the paradigm of Prophetic Law Lutfi, Mustafa; Ibrahim Nur, Asrul
Legality : Jurnal Ilmiah Hukum Vol. 30 No. 1 (2022): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v30i1.20744

Abstract

This article aimed to discuss the selection system of Constitutional Court Judges in Indonesia. The standardization of the recruitment system in the selection of candidates for Constitutional Court judges performed by DPR, the President, and the MA has varied due to multi-interpretations of the provisions of Article 20 (1) & (2) of Constitutional Court Law, contrary to the fact that the Third Amendment to Constitutional Court Law sets forth the mandate to selection committees. The model of the recruitment system has not been constitutionally optimal, while the process mechanism should meet transparency (involving public knowledge), participation (getting the public involved in every process), objectivity (competency-based), and accountability. However, several recruitment practices have overlooked those principles, urging further evaluation of the recruitment to take place comprehensively. One gate system in the recruitment with the assistance of the selection committees seems to be inevitable and simultaneously serves as the solution to reconstruct the system into a more standardized one in the time to come. Moreover, the selection committees must be true statesmen since they hold the authority to verify and select other statesmen as the candidates for the recruitment. The involvement of credible, professional, objective, transparent, and participative selection committees is expected to help achieve legal objectives and intent as wished by the constitution and to bring about the spirit of the prophetic law that serves as the core of the subject matter.
The Limits of Indonesia’s Legal Framework for Electromobility Ibrahim Nur, Asrul
Lentera Hukum Vol 9 No 2 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i2.31200

Abstract

The rise in global temperature indicates the impact of climate change, encouraging more countries to adapt and seek practical solutions. Several countries, including Indonesia, have begun to regulate electric vehicles because of the commitment to reduce carbon dioxide emissions. It simultaneously provides opportunities for developing electric vehicles to prevent more use of fossil fuels. This study aimed to discuss and explore Indonesia's trajectory to develop a legal framework for electromobility that started to be drafted in 2019. This framework has resulted in legal fissures because of the lack of regulations to promote electric vehicles against the environmental aspects, whereas it tends to focus on industrial development. Finally, this study discussed regulatory issues and predicted the future of Indonesia's electromobility legal development through the lens of sustainability. This study used normative legal research whose analysis inventoried and identified several laws and regulations on electromobility in Indonesia with particular criteria. This study showed that Indonesia's legal development of electromobility is being accomplished by autonomous and inconsistent delegated regulations with technical and non-technology aspects. Adopting a legal instrument through Presidential Regulation is insufficient to build an electromobility ecosystem that involves many sectors. In contrast, an imbalance in the regulatory framework, the three pillars of sustainability, and the economic dimension outweigh the social and environmental factors. Insofar, the regulations adopted prioritize the economic aspect, and the framework has impacted other industries, including mining and international trade, due to the need for nickel and manganese as raw materials for electric vehicle batteries.Keywords: Electromobility, Indonesia, Legal Framework, Sustainability.
Co-Authors Mustafa Lutfi