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All Journal Acta Law Journal ULJLS
Jesica, Kenny
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Law, Crime, Criminology & Criminal Justice

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Nickel Smelter Moratorium: Efforts to Establish Laws to Ensure Legal Certainty of Investment Silalahi, Firman; Jesica, Kenny
Acta Law Journal Vol. 2 No. 2 (2024): June 2024
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v2i2.15795

Abstract

The downstream effort is not solely an economic motive, but there are efforts to pursue the target of net zero emissions through the development of Electric Vehicles (EV). Therefore, in the future the transportation sector will shift to the EV ecosystem. Support for the EV ecosystem requires components such as batteries whose the raw materials come from nickel ore produced using hydrometrological methods. This research uses a normative legal research method (legal research) which combines secondary materials in the form of supporting data on the application of Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining in Indonesia. In this research, the authors concludes that the increase in investment of nickel downstream projects has raised concerns about the amount of Indonesian nickel reserves, so the government should planning a moratorium on RKEF type smelters and switching to HPAL smelters. To ensure legal certainty, the government must form regulations aimed at complying with mechanisms and procedures that are in accordance with state administration and capital investment.
The Harmonization of Judicial Status: Urgency of the Draft Law on the Magistracy in Affirming Judges as State Officials and Its Impact on Judicial Human Resource Management Jesica, Kenny
Ultimate Journal of Legal Studies Vol. 2 No. 2 (2024): Law and Society
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/uljls.v2i2.23465

Abstract

The affirmation of judges status as state officials in the Draft Law of the Magistracy (RUU Jabatan Hakim) constitutes an urgent constitutional measure to strengthen the independence of judicial power in Indonesia. Although Law No. 48 of 2009 has explicitly recognized judges as state officials, in practice this status continues to overlap with the civil service regime. This dualism has created structural problems that undermine judicial independence, as judges remain bound by career patterns, salary systems, and disciplinary mechanisms under executive control. This normative legal research aims to analyze the urgency of affirming judges pure status as state officials and to formulate the concept of a complete separation from the Civil Service system. The findings indicate that recognizing judges as state officials would provide stronger legal protection, ensure autonomy in appointment and promotion, and establish a sui generis career system based on competence and integrity. The Draft Law on the Judiciary is expected to create an independent judicial personnel system encompassing proportional regulations on salaries, allowances, and pensions in line with the dignity of the judicial office. However, judicial independence must be balanced with accountability through transparent ethical and technical oversight by the Supreme Court and the Judicial Commission. Therefore, the formulation of the Draft Law on the Judiciary represents not merely an administrative reform, but a fundamental effort to uphold the independence of judicial power as mandated by Article 24 of the 1945 Constitution, and to reinforce public trust in the judiciary as the ultimate guardian of justice.
Overlapping Authority In Judicial Oversight Komisi Yudisial V. Badan Pengawas Mahkamah Agung Jesica, Kenny
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23841

Abstract

Judicial oversight is a crucial element in maintaining the integrity and accountability of the judiciary in a state based on the rule of law. In Indonesia, this oversight function is carried out by two institutions namely Komisi Yudisial and Badan Pengawas Mahkamah Agung. However, their authority often overlaps, which not only gives rise to jurisdictional conflicts but also leads to institutional inefficiency and legal uncertainty. This study aims to analyze the authority of each institution based on laws and institutional practices, and to evaluate its impact on the effectiveness of the judicial oversight system. Using a normative and descriptive-analytical approach, this study finds that the unclear division of authority between Komisi Yudisial and Badan Pengawas Mahkamah Agung has hampered the oversight function, created waste of resources, and weakened public trust in the judiciary. This study recommends the need for inter-institutional harmonization of regulations or even restructuring of the judicial oversight institution to create a more efficient, integrated system that ensures legal certainty without sacrificing judicial independence.
Co-Authors Silalahi, Firman