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All Journal LAW REFORM Jurnal Wawasan Yuridika Kosmik Hukum
Ablamskyi, Serhii
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Judicial Review of Presidential Threshold Decisions: The Dynamics of Constitutional Injury Zuhdi, Achmad; Ablamskyi, Serhii; Anggara, Arya
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24476

Abstract

This study examines the Dynamics of Constitutional Injury Interpretation by the Constitutional Court in the Judicial Review of the Presidential Threshold Law, focusing on how the Court’s interpretation of constitutional harm has shifted in relation to granting legal standing to individual applicants. Historically, individual citizens have held the right to challenge laws they believe infringe on their constitutional rights. However, recent rulings show a shift where the Court restricts legal standing, allowing only political parties to challenge the Presidential Threshold Law. This restriction is based on two main reasons: changes in the electoral system, which now directly involves political parties, and the notion that voters’ increased knowledge diminishes the need for individual challenges. The study aims to critically assess whether these reasons hold sufficient weight to limit individual participation. Through a normative legal approach utilizing case and statutory analysis, findings reveal that limiting individual participation undermines democratic legitimacy, as the cited reasons lack substantive grounds to justify the restriction on individual legal standing in the constitutional review process.
Comparative Legal Analysis of the Resolution of Physical Violence Crimes Against Women in Indonesia and Malaysia Sopacua, Margie Gladies; Taufik, Iqbal; Ablamskyi, Serhii
LAW REFORM Vol 21, No 2 (2025): Law Reform
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i2.65211

Abstract

The incidence of criminal acts of violence against women, or gender-based violence, in both Indonesia and Malaysia has shown an upward trend. This study aims to conduct a comparative legal analysis of the resolution mechanisms for physical violence against women in the two countries. The research employs a doctrinal legal method.The findings indicate that in Indonesia, the resolution of physical violence against women involves both penal and non-penal approaches. Domestic violence cases are addressed through multiple strategies, including preemptive, preventive, and curative measures. In Malaysia, the resolution of domestic violence cases includes the issuance of Interim Protection Orders (IPO) and Protection Orders (PO) by the courts, which are accompanied by access to shelters, counseling services, legal advice, guidance, and referrals to relevant institutions.The study concludes that both Indonesia and Malaysia share common objectives in preventing and eradicating domestic violence. However, their approaches differ due to the distinct legal systems each country follows. Malaysia adheres to the Anglo-Saxon common law system, whereas Indonesia follows the Civil Law tradition.
Normative Gaps in Indonesia’s Capital Relocation: Constitutional Implications of State Function Transition to Nusantara Saputra, Edi; Suparman, Eman; Muttaqin, Zainal; Ablamskyi, Serhii
Jurnal Wawasan Yuridika Vol 8 No 2 (2024): 2024
Publisher : Sekolah Tinggi Hukum Bandung

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Abstract

The relocation of Indonesia’s capital is a strategic constitutional decision with significant legal consequences. While Law Number 3 of 2022 formally designates Nusantara as the new capital, it fails to regulate the transition of core state functions. This research aims to identify the normative gaps in the law, focusing on the absence of two key indicators: a legally defined effective date of relocation and the formal transfer of executive, legislative, and judicial functions. This research specification is descriptive in nature and employs a normative legal method as type of research. The conceptual approach is applied to explore legal doctrines to provide a broader legal perspective, the research also employs a comparative approach. Data is collected through a literature review, and analyzed qualitatively through interpretive reasoning and legal argumentation to formulate normative conclusions relevant to the issues discussed. The lack of transitional provisions undermines legal certainty and the legitimacy of government actions taken in Nusantara. The article argues for an urgent reformulation of transitional instruments to restore coherence between political declarations and constitutional order.
Co-Authors Anggara, Arya EDI SAPUTRA Eman Suparman Sopacua, Margie Gladies Taufik, Iqbal Zainal Muttaqin Zuhdi, Achmad