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Digitalization of Legal Transformation on Judicial Review in the Constitutional Court Setiawan, Heru; Ketut Rachmi Handayani , I Gusti Ayu; Hamzah, M. Guntur; Tegnan , Hilaire
Journal of Human Rights, Culture and Legal System Vol. 4 No. 2 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i2.263

Abstract

Efficient, affordable, and uncomplicated justice poses a complex dilemma within the Indonesian judicial system. However, applying technological advancements to assessing legal regulations can resolve this issue. This research aims to examine the necessity and implementation of digitalization in the Constitutional Court's judicial review process. This research utilized a normative legal approach, characterized by its prescriptive and applied nature, to examine the development and implementation of digitalization in the justice systems of the European Union, the United States, and the United Kingdom through comparative studies. The research results show that: first, technology in the Constitutional Court's judicial review process can most effectively promote openness and clarity in the decision-making procedure. However, there remain several areas in which the Constitutional Court must further refine itself to attain digital status, as inconsistencies persist in its practical rulings. Consequently, the Constitutional Court must increase the rate of digital transformation in its judicial review operations. Second, numerous other nations, including the European Union, the United Kingdom, and the United States, have observed the implementation of technological advancements, leading to enhanced transparency and accessibility in their justice systems. Thirdly, to overcome the challenges above, we must apply the fundamental principles of good judicial governance, procedural law at the Constitutional Court, the paperless principle, and the contactless service principle when developing digital transformation for future judicial review at the Court. This will enable us to achieve transparency and accessibility in the Constitutional Court's judicial system.  
Reform of Environmental Approval Policy for Renewable Energy in Indonesia Ketut Rachmi Handayani , I Gusti Ayu; Yosiana, Cindy; Kongrawd , Sutasinee
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.101

Abstract

Indonesia faces persistent regulatory barriers in accelerating its renewable energy transition, mainly due to rigid and bureaucratic environmental licensing that ignores the specific characteristics of clean energy projects. This study examines the legal and policy gaps in Indonesia’s environmental licensing framework, using a normative legal approach complemented by case studies and comparative analysis with Germany, Australia, and selected ASEAN countries. The findings reveal three main issues. First, although Indonesia has adopted a risk-based licensing system through the OSS RBA, the country still applies uniform procedures to all projects, failing to distinguish between high- and low-risk activities. It discourages investment and slows the growth of small-scale renewable energy. Second, the principles of prudence and sustainability have not been effectively reflected in policy implementation. There is an urgent need for reforms that align licensing procedures with project risks, strengthen public participation, ensure protection for vulnerable groups, and leverage digital technologies for greater transparency. Third, international comparisons show that countries such as Germany, Australia, Vietnam, Thailand, and Laos have successfully accelerated clean energy adoption by implementing risk-based regulations, simplifying procedures, offering financial incentives, and improving intergovernmental coordination. Based on these insights, the study recommends that Indonesia reform its environmental licensing policies to be more adaptive, transparent, and proportionate to project risks, thus supporting legal certainty, ecological justice, and a sustainable energy transition.