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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.  
Aligning State Finance Regulations with SOE Bankruptcy Policy: Evidence from the United States Waluyo, Waluyo; Tegnan , Hilaire; Setiowati , Noni Oktiana
Journal of Human Rights, Culture and Legal System Vol. 5 No. 1 (2025): 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.v5i1.470

Abstract

Existing regulations governing the execution of state-owned enterprise (SOE) assets in Indonesia lack coherence, resulting in legal uncertainty and inconsistencies between state financial policies and bankruptcy laws. This misalignment is evident in the conflicting interpretations of Constitutional Court Decisions No. 48/PUU-XI/2013 and No. 62/PUU-XI/2013, as well as contradictions among the State Finance Law, State Treasury Law, State-Owned Enterprises Law, and Bankruptcy Law. This study aims to examine these regulatory uncertainties and propose solutions that promote legal certainty and justice. This research adopts a normative legal methodology, utilizing a legislative approach and comparative analysis, with a particular focus on the United States as a reference model. The study draws on primary and secondary legal sources, which are analyzed using a deductive method. The findings highlight three key aspects: first, there is significant disharmony within Indonesia’s financial and bankruptcy regulations concerning SOEs. Second, in contrast, the United States provides a more structured bankruptcy framework that facilitates business resolution while allowing for government intervention in cases where bankruptcy poses a systemic risk. Third, the study presents several policy recommendations to align Indonesia’s state financial and bankruptcy regulations with those governing SOEs, ensuring a more coherent and just legal framework. The findings of this study suggest that the Indonesian government should consider these recommendations to enhance policy frameworks for executing SOE assets, particularly within Limited Liability Company, thereby ensuring a balance between financial accountability and economic stability.