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Journal : Mimbar Keadilan

Is ‘Priority’ Just? Rethinking Constitutional Fairness in Indonesia’s Mining Law Rohman, Abd.; Wibisono, Rizky Bangun
Mimbar Keadilan Vol. 18 No. 2 (2025): Agustus 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i2.13150

Abstract

The governance of natural resources in Indonesia, especially the mining sector, remains a contested legal domain involving intersecting economic, political, and constitutional interests. Article 6 paragraph (1) letter j of Law No. 3/020 grants the central government the authority to designate WIUPK “on a priority basis,” raising constitutional questions about its alignment with Article 33 paragraph (3) of the UUD NRI 1945. Critics argue that the vague term “priority” invites discretionary abuse, perpetuates structural inequalities, and potentially legitimizes monopolistic practices in the name of development. This study aims to critically examine the constitutionality and practical implications of the said provision using a normative legal research approach. The method involves statutory analysis, jurisprudential review, and interpretative evaluation of relevant constitutional principles, including distributive justice and economic democracy. The findings suggest that while the provision may be justified as an affirmative policy instrument to promote equitable access to natural resources, its current formulation lacks clear legal criteria, thereby opening space for misuse. The Constitutional Court's Decision No. 77/PUU-XXII/2024 affirms that any prioritization must be grounded in transparent, accountable mechanisms and should reflect the principle of social justice. This decision also signals the importance of inclusive governance, public participation, and state responsibility in preventing legal inequality. Without substantial regulatory reform, the application of “priority” risks contradicting the very essence of constitutional fairness.
Riding the Wave of Change: Unmasking Transformative Shifts in Digital Activism for Social Justice in Indonesia Wibisono, Rizky Bangun; Fikri, Sultoni
Mimbar Keadilan Vol. 17 No. 1 (2024): Februari 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i1.10452

Abstract

This research delves into the transformative shifts in social media use in Indonesia, exploring how it has become more than a personal necessity, evolving into a powerful tool for civic engagement and justice advocacy. Focusing on the "No Viral, No Justice" movement, we dissect its impact on the nation's digital landscape and law enforcement dynamics. The analysis reveals a complex interplay of positive change and potential pitfalls, including the risk of echo chambers. The study emphasizes the significance of digital activism, transcending its role as a mere trend, and underscores its importance in holding authorities accountable. The narrative navigates through real-life examples, such as the case of sexual harassment at the Indonesian Broadcasting Commission, illustrating how social media acts as a catalyst for justice. The reflection section addresses the looming threats associated with this evolving trend and proposes strategies for mitigation. This research contributes to understanding the nuanced role of social media in Indonesian society, shedding light on both its transformative potential and the imperative need for responsible digital activism.
Debt and Fiscal Justice in the Global South: Argentina and Indonesia under IMF and World Bank Intervention Wibisono, Rizky Bangun; Wijaya, Mohammad Aditya; Ariani, Chyntia Dwi; Faradis, Muhammad Aidil
Mimbar Keadilan Vol. 19 No. 1 (2026): Februari 2026
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v19i1.132115

Abstract

This article examines sovereign debt as both an economic mechanism and a political instrument that sustains structural inequalities between the Global North and South. Through a qualitative comparative study of Argentina and Indonesia, and drawing on dependency theory, postcolonial political economy and fiscal justice frameworks, the paper argues that international financial institutions such as the IMF and World Bank constrain fiscal autonomy and policy space in developing countries. In the Indonesian context, domestic elites—including technocrats, oligarchs, and state bureaucrats—play a central role in entrenching project-based debt dependency for political and economic gain. While Argentina serves as a cautionary tale, early signs of resistance emerge through South-South cooperation and BRICS-led alternatives. By integrating structural and actor-centered perspectives, this study contributes to debates on global debt governance and calls for reforms that advance distributive and procedural justice in fiscal policymaking. Keywords: IMF, debt diplomacy, global inequality, fiscal justice.