Ilham Dwi Rafiqi
Faculty of law, Hang Tuah University

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Perwujudan Nilai Budaya Timur dalam Penghidupan Kembali Pasal Penghinaan Presiden dan Wakil Presiden Deny Noer Wahid; Ilham Dwi Rafiqi
Hang Tuah Law Journal VOLUME 6 ISSUE 1, APRIL 2022
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v6i1.76

Abstract

The draft criminal code (RKUHP) has again received a sandstone in its ratification. This is due to several articles that are judged by some people. One of them is about the re-entry of the Article of contempt for the head of state which again reaped polemics in the community. So that with the re-regulation of the article, it is feared by many circles to be a form of defiance of the constitution and violations of free speech which eventually enter into violations of human rights. With the emergence of the article, there has been a lot of polarization in the community between those who support the existence of the article and the contras to the article. To discuss this, normative legal research methods with a conceptual approach, a statutory approach and a historical approach are used. The results of the study show that the reappointment of the article of contempt for the head of the nation's values is not contradictory because the article falls into the category of rechtdelicten. This contempt clause is present because the President and Vice President are icons of the country that can have an impact on the potential for division of society and also harm to other countries.
Designing Accountable Carbon Investment Instruments: An Administrative Law Approach to Energy Transition Ilham Dwi Rafiqi; Nikmah Mentari
Journal of Law and Policy Transformation Vol 11 No 1 (2026): Journal of Policy and Transformation
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v11i1.12357

Abstract

The acceleration of energy transition in Indonesia requires the development of credible and accountable carbon investment instruments capable of mobilizing sustainable financing while supporting national decarbonization targets. However, the effectiveness of carbon markets and other carbon-based investment mechanisms depends not only on economic incentives but also on the quality of administrative governance that ensures legal certainty, transparency, accountability, and institutional coordination. This article examines the design and governance of carbon investment instruments from the perspective of administrative law, focusing on the role of regulatory frameworks and public institutions in supporting Indonesia’s energy transition agenda. Employing a normative juridical approach, the study analyzes relevant legislation, policy instruments, and scholarly literature. The findings reveal that accountable carbon investment instruments require a coherent regulatory design, effective inter-agency coordination, robust monitoring, reporting, and verification (MRV) systems, transparent administrative procedures, and meaningful public participation. The study further demonstrates that administrative law functions as a foundational mechanism for controlling regulatory discretion, preventing regulatory fragmentation, and strengthening institutional accountability in carbon governance. Despite recent regulatory developments, including the introduction of carbon pricing and carbon trading mechanisms, Indonesia continues to face challenges related to institutional overlap, regulatory harmonization, and implementation capacity. Consequently, strengthening administrative governance is essential to ensure that carbon investment instruments contribute effectively to a just energy transition.