Chamicho, Putra Chinto
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The Constitutional Court's Purity as a Pillar of the Rule of Law Chamicho, Putra Chinto; Hekar, Destito Kristian; Cahyani, Fhirza Sabhina
Jurnal Mengkaji Indonesia Vol. 3 No. 2 (2024): December
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v3i2.905

Abstract

Abstract: The Constitutional Court has four primary areas of authority as stipulated in the 1945 Constitution, namely, reviewing legislation against the constitution, resolving disputes of authority among state institutions, dissolving political parties, and determining the results of general elections. Although the MK serves as the guardian and enforcer of the constitution, concerns have arisen that it may overstep its authority by acting as a positive legislator, a role that should be reserved for the legislative and executive branches. The importance of the separation of powers and a system of checks and balances is emphasized to prevent the MK from making unconstitutional decisions. Furthermore, the constitution should be understood as a living law within society, capable of evolving alongside social and political developments. Thus, the MK must adhere to its established authority to avoid disrupting the legal order and justice in Indonesia. This article aims to provide insight into the challenges faced by the MK in preserving the purity and integrity of Indonesia's legal system.
Equitable Policy Reform through an Interest-Balancing Approach as a Solution for the Development of Solar and Wind Energy in Indonesia Prameswari, Fareh; Chamicho, Putra Chinto; Eka Januario CAB, Gregorius
Jurnal Mengkaji Indonesia Vol. 4 No. 1 (2025): July
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jmi.v4i1.1353

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Abstract: The dominance of fossil fuels in Indonesia's energy sector has led to environmental degradation and growing energy subsidies. Amid escalating global demands for sustainable energy, Indonesia possesses vast potential in solar and wind resources, yet remains underutilized due to high capital costs, policy inconsistencies, and regulatory uncertainties. Purpose: This study aims to explore how equitable policy reform, through an interest-balancing approach, can facilitate the acceleration of solar and wind energy development in Indonesia. Design/Methodology/Approach: Employing normative legal research with statute and conceptual approaches, the study critically analyzes legal frameworks, government regulations, and doctrinal views on renewable energy investment. Findings: The findings reveal that the Risk-Based Online Single Submission (OSS RBA) system, while intended to streamline licensing, often exacerbates environmental risks and excludes community participation. Moreover, sudden regulatory shifts, lack of legal enforcement, and weak post-licensing supervision undermine investor confidence. Drawing from international practices such as New Zealand’s Treaty of Waitangi-based model and Canada’s implementation of Free, Prior, and Informed Consent (FPIC), the paper argues for a balanced policy model integrating investor certainty, environmental protection, and community rights. Originality/value: This article contributes original insights into the shortcomings of Indonesia’s current regulatory ecosystem and proposes the adoption of an interest-balancing approach informed by the Economic Analysis of Law and the Triple Bottom Line framework (Profit, People, Planet). It provides a novel prescriptive legal solution for enabling a more inclusive, sustainable, and investment-friendly environment for renewable energy development.