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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.
Social Construction of Batik Community Women Against the COVID-19 Pandemic in Kerek District, Tuban Regency Sutinah, Sutinah; Siahaan, Hotman; Mustain, Mustain; Mawardi, Rafi Aufa; Wibisono, Rizky Bangun
Jurnal PUBLIQUE Vol 6 No 2 (2025): November
Publisher : Universitas Islam Negeri Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/publique.2025.6.2.125-150

Abstract

One of the MSME-based social communities affected by the COVID-19 pandemic is the Gedog batik community in Kerek District, Tuban Regency. However, women in the Gedog batik community continue to face challenges in understanding and interpreting the COVID-19 pandemic. This study analyzes the social construction of women in the batik community during the COVID-19 pandemic. This study employs Peter L. Berger’s social construction theory, utilising a phenomenological approach. Qualitative research methods were employed in this study, utilising observation and in-depth interviews as data collection techniques with 20 research informants. The data analysis technique in this study uses data collection, reduction (data categorization), data visualization, and conclusion. This study found that the interpretation of women in the batik community towards the COVID-19 pandemic has a dichotomy that pretends to be positive and negative aspects. This is due to their subjective experiences with the COVID-19 pandemic and other health policies. In addition, socio-economic background, social environment, and technology adoption are fundamental bases that contribute to forming the social construction of women in the batik community. The social construction of the COVID-19 pandemic also reflects social processes manifested in practical actions, such as affirmation (positive) or resistance (negative).
THE ROLE OF LAW IN HANDLING VIOLENCE IN FOOTBALL GAMES IN INDONESIA: A REGULATION AND ENFORCEMENT Anggarawati, Narita Dewi; Setyaning, Fadilah Nur; Wibisono, Rizky Bangun
Indonesian Journal of Sports Law Vol. 1 No. 01 (2024): INDONESIAN JOURNAL OF SPORTS LAW
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijsl.v1i01.35740

Abstract

Violence in football in Indonesia has become a recurring and concerning problem. Violent incidents between supporters, players and security forces often occur, tarnishing the image of sport which should prioritize sportsmanship and unity. This incident was not only physically detrimental, but also had a negative impact on the development of national football. The role of law in dealing with violence in the game of football is very important in regulating the behavior of players, officials and fans as well as in enforcing rules to maintain safety and security. This study examines the role of law from two main perspectives: regulatory and enforcement. From a regulatory perspective, the law plays an important role in determining the rules and regulations governing behavior on the field, including stadium policies, spectator rules and sanctions for violators. On the other hand, in enforcement, the law acts as a tool to enforce these rules and apply consequences to violators, whether through disciplinary action from the football federation or criminal legal processes. The normative legal research method was chosen as the method in this research. The aim of this research is how the law can be an effective tool in overcoming violence on the football field, creating a football environment that is safe, fair and has integrity.