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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Asosiasi Pengajar Hukum Tata Negara Hukum Administrasi Negara
Baharuddin Riqiey
Faculty of Law, Universitas Airlangga
Law, Crime, Criminology & Criminal Justice

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Immunity Clause in The 1945 Constitution of The Republic of Indonesia Baharuddin Riqiey; Vieta Imelda Cornelis; Duke Arie Widagdo; Rizky Bangun Wibisono
APHTN-HAN Vol 5 No 1 (2026): JAPHTN-HAN, January 2026
Publisher : Asosiasi Pengajar Hukum Tata Negara dan Hukum Administrasi Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55292/japhtnhan.v5i1.204

Abstract

Indonesia is a country with a written constitution that contains various substantive provisions governing state structure, the distribution of power, human rights, and limitations on authority. Among these provisions are norms that grant immunity to certain state institutions, commonly referred to as immunity clauses. In the Indonesian constitutional context, immunity clauses are reflected in Article 7C and Article 20A paragraph (3) of the 1945 Constitution of the Republic of Indonesia. These provisions grant immunity to the House of Representatives (DPR), both institutionally and individually to its members. This raises an important constitutional question as to whether the existence of such immunity clauses is compatible with the principle of equality before the law. This study employs doctrinal legal research using statutory, conceptual, and historical approaches. The findings demonstrate that Article 7C constitutes a logical consequence of Indonesia’s presidential system, under which the President is constitutionally prohibited from dissolving the DPR. Furthermore, the immunity granted under Article 7C and Article 20A paragraph (3) does not contradict the principle of equality before the law, as such immunity is not absolute, remains subject to good faith, and does not preclude legal or ethical accountability for actions taken outside constitutional authority.
Management of Drinking Water Supply System: Authority of Regional Government and Legality of Management by Business Entities Rusdianto Sesung; Syofyan Hadi; Baharuddin Riqiey
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5085

Abstract

Private water resource control generally tends to follow capitalist and liberal market mechanisms which will result in a large consumer burden. If it follows capitalist and liberal market mechanisms, then what happens is profit oriented compared to fulfilling the needs and prosperity of the community or many people. Based on these problems, this study focuses on the Authority of Regional Governments in managing the Drinking Water Supply System. This study is a legal study using a legislative and conceptual approach. The results of this study indicate that Regional Governments have the authority to manage the Drinking Water Supply System. This is none other than because of the form of state control over water as regulated in Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia by forming a BUMD or UPTD. In addition, if an area does not yet have drinking water services by a BUMD or UPTD, the implementation of SPAM by the business entity is legally valid. Conversely, if an area already has drinking water services by a BUMD or UPTD, the implementation of SPAM by the business entity is not legally valid.
Co-Authors Duke Arie Widagdo Rizky Bangun Wibisono Rusdianto Sesung Syofyan Hadi Vieta Imelda Cornelis