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All Journal Widya Yuridika YURISDIKSI : Jurnal Wacana Hukum dan Sains
Pritasari, Amalia Zulfa
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Arts Humanities Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Pengujian Formil Peraturan Antara Indonesia dan Kolombia Firmansyah, Adithya Tri; Aritonang, Syofina Dwi Putri; Pritasari, Amalia Zulfa; Zulmi, Muhammad Nizar; Alivia, Imera Azzahra
Widya Yuridika Vol 7, No 2 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i2.5010

Abstract

The authority to review laws by the Constitutional Court is manifested in 2 (two) forms, namely material testing and formal testing. However, since the existence of the Constitutional Court, only 1 (one) application has been granted by the Constitutional Court, namely a request for a formal review of the Job Creation Law. Even then, it was only partially granted. The existence of this fact certainly shows that the role of the Constitutional Court has not been optimal. Therefore, this research aims to outline the prescription of the need to optimize the role of the Constitutional Court in the formal review of laws. This research uses normative (legal) research typology. The results of this study conclude: First, the role of the Constitutional Court in the formal review of laws can still be said to be not optimal because the Constitutional Court itself is still very limited in canceling laws, as evidenced in Decision Number 91 / PUU-XVIII / 2020, the Constitutional Court tends to compromise with the language of conditional unconstitutional decisions in deciding applications for formal testing of the Job Creation Law. Second, the countries of Colombia and Indonesia show that the practice of formal testing of the Law by the Constitutional Court is something that needs to be done if there is a violation of the formation procedure by the legislator, it is just that the Colombian Constitutional Court in conducting formal testing takes a more progressive step, this is indicated by the quality and quantity of handling of formal test cases decided, on the other hand in Indonesia, the Constitutional Court seems to take a position that tends to be very limited in conducting formal testing, it even looks unfamiliar to do so, besides that the 1945 Constitution also does not provide rigid arrangements regarding the basis for formal testing of laws by the Constitutional Court.
Legal Politics of Sea Sand Mining Governance From The Perspective of Blue Economy Pritasari, Amalia Zulfa; Rachmad Safa’at; Indah Dwi Qurbani
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 1 (2025): June
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i1.291

Abstract

The governance of marine sand mining in Indonesia has been controversial since the issuance of Government Regulation No. 26 of 2023 concerning the Management of Sedimentation in the Sea. The discourse on the blue economy in coastal development has been used as the basis for the government to implement governance regulations for coastal and marine areas. The type of research used is legal-normative research employing two approaches: the legal approach and the conceptual approach. The results of this study indicate that the legal policy on the management of marine sand mining does not reflect rules that align with democratic principles. This is evidenced by the fact that the process of making the regulation was not conducted transparently and involved minimal public participation. Based on this, there are two alternative recommendations that can be chosen to address the issue: revising the parts that do not reflect a commitment to the greatest prosperity of the people or implementing a moratorium on policies related to the management of marine sand mining, so that marine sand mining is not reintroduced as it was in 2002. Furthermore, moving forward, the government needs to be more prudent in determining political considerations that are consistently aligned with the principles of the blue economy.
Co-Authors Alivia, Imera Azzahra Aritonang, Syofina Dwi Putri Firmansyah, Adithya Tri Indah Dwi Qurbani Rachmad Safa’at Zulmi, Muhammad Nizar