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All Journal Lentera Hukum Brawijaya Law Journal : Journal of Legal Studies Jurnal IUS (Kajian Hukum dan Keadilan) Perspektif : Kajian Masalah Hukum dan Pembangunan Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Constitutional Review Jurnal Agregasi Jurnal Jatiswara JURNAL USM LAW REVIEW Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Risalah Hukum Batulis Civil Law Review JHCLS NEGREI: Academic Journal of Law and Governance Journal of Asian Social Sciences Research International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Human Rights in The Global South (HRGS) SASI Jurnal Dinamika Hukum

I Nyoman Nurjaya

Fakultas Hukum Universitas Brawijaya

Author-ID : 335155

Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Is The Constitutional And Legal Recognition Of Traditional Community Laws Within The Multicultural Country Of Indonesia A Genuine Or Pseudo Recognition? Nurjaya, I Nyoman
Constitutional Review Vol 1, No 2 (2015)
Publisher : The Constitutional Court of the Republic of Indonesia

Indonesia is well known amongst Southeast Asian countries for it multi- cultural identity in terms of ethnicity, religion, race and social stratification. Indonesia embodies its motto of Unity in Diversity, which refers to the culturally rich configuration of Indonesia, containing cultural capital and cultural power. However, cultural diversity also yields conflict due to inter-ethnic and inter- religious disputes that have the potential to generate social disintegration and even threaten the fragmentation of Â Indonesia as a Nation Â State. Â In the eyes Â Â of legal anthropologists, sources of conflict are often based on discriminatory policies expressed within the Stateâs law and legislation with regard to the recognition and protection of local communities across the country, namely âadatâ communities practising traditional, customary law, known as âadatâ. Thus, State laws enacted and enforced by the Government tend to dominate and marginalise, even ignore the rights of Â the local communities, particularly regarding access Â to and control over natural resources, which is otherwise governed by the adat law of the region. This paper attempts to offer an answer to the fundamental question of whether the 1945 Constitution recognises and protects the traditional communities and their adat laws by employing a legal anthropological approach, with the purpose of obtaining a better understanding of development of State law in a multicultural Nation and looking towards a more just and equitable Indonesian State law.

Judicial Preview on the Bill on International Treaty Ratification Sidharta, Noor; Sudarsono, Sudarsono; Nurjaya, I Nyoman; Sugiri, Bambang
Constitutional Review Vol 3, No 1 (2017)
Publisher : The Constitutional Court of the Republic of Indonesia

This research is aimed to find and introduce a new idea on the state administration, which has implications on the international treaty ratification procedure followed by Indonesia and additional authorizations of the Constitutional Court of the Republic of Indonesia. The judicial preview in this research is an international treaty examination procedure by the Constitutional Court before an international treaty is transformed into a law, i.e. such international treaty is a Bill. The judicial preview shall have different terms in each country, such as Review ex ante, abstract review, judicial review. This procedure is applied when an international treaty has not been validated as a countryâs national law. The benefits of a judicial preview shall be a solution to connect an ambiguity between the state administrative law and international law. The judicial preview is also the inter-state institutions real check and balance on the international treaty. Out of benchmarking results of four countries following the monism doctrine, i.e. Russia, Germany, France, and Italty and two countries following the dualism doctrine, i.e. Hungary and Ecuador, several additional authorizations of the Constitutional Court shall be summarized, i.e. via the Amendment of 1945 Constitution of the Republic of Indonesia and/or regulations via laws. If both manners are not possible, the Constitutional Court may apply the judicial preview as a state administrative practice. An international treaty draft, which has passed through the judicial preview, may not be submitted to the Constitutional Court to be performed a judicial review, unless 5 (five) year-period has passed since the bill is enacted as a law.

The Criticism on the Meaning of âOpen Legal Policyâ in Verdicts of Judicial Review at the Constitutional Court Mardian Wibowo Wibowo, Mardian; Nurjaya, I Nyoman; Safaat, Muchammad Ali
Constitutional Review Vol 3, No 2 (2017)
Publisher : The Constitutional Court of the Republic of Indonesia

In several verdicts of judicial review, the Constitutional Court formulates a concept of Open Legal Policy. The concept begins from a condition when a norm of law submitted to judicial review by the 1945 Constitution does not have reference in the 1945 Constitution. In other words, the open legal policy is a condition when the Constitutional Court cannot find any reference for the norm submitted to the judicial review. By using a construction method, this present research tries to find the meaning of a concept of open legal policy arranged by the Constitutional Court, then assessing whether the concept is in line with the spirit of judicial review. If the formulation of the concept done by the Constitutional Court has not been ideal, the deconstruction will be conducted toward the meaning that already exists until the open legal policy ideal with the perspective of the constitution is found. In this research, the finding shows different meaning of open legal policy between various verdicts of the Constitutional Court. Moreover, a new meaning is proposed including improvement of criteria of the open legal policy based on the difference between the object of regulation (what) and the content of the regulation (how).

Co-Authors Abdul Madjid Agusti, Tasya Moedy Bambang Sugiri Dhiana Puspitawati Edi Susilo Hasibuan, Hoiruddin HASIBUAN, HOIRUDDIN Herlindah, Herlindah Herman Suryokumoro I Dewa Gde Mayun Permana Ibnu Subarkah Ifahda Pratama Hapsari Imam Koeswahyono Krisnadi Nasution Kuswahyono, Imam Mardian Wibowo Masruchin Ruba’i Maya Poetra, Rizal Akbar Milda Istiqomah Monteiro, Sequito Muchamad Ali Safaat Muhammad Tiantanik Citra Mido Muktiono Muktiono Nurini Aprilianda Pakpahan, Hartato Pebriandi Millenium Saragi Prasada, Dewa Krisna Rachmad Safa’at Rachmi Sulistyarini S Endang Prasetyawati Sari, Retno Dewi Pulung Semadi, I Komang Yoga Setiawan Noerdjasakti Setiawan Nurdayasakti Sidharta, Noor Sosilo, Peter Sudarsono Sugiri, Bambang Sugiri, Bambang Sulistio, Rian Sаleh Warandoy, Febri umbu Nggau Wicaksono, Yudi Krisno Zana Zerlina

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