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All Journal Jurnal Hukum dan Peradilan JILS (Journal of Indonesian Legal Studies)
Soares, Ardyllis Alves
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Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice

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Resolving the Judiciary Tensions between the Constitutional Court and the Supreme Court of Indonesia Purwadi, Hari; Hermawan, Sapto; Soares, Ardyllis Alves; Németh-Szebeni, Zsófia; Kusuma, Febrian Indar Surya
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4635

Abstract

This paper addresses a critical issue undermining the legal coherence and judicial stability in Indonesia: the discord between the Constitutional Court and the Supreme Court in the realm of judicial review. This paper uncovers the root cause as a weak chain of validity in law formation, aggravated by divergent legal frameworks governing each court through utilizing doctrinal research methods. Drawing on Bullygin's deontic logic theory, the paper reveals a lack of explicit cross-sectoral policy synchronization. To immediately alleviate these tensions, this paper proposes the establishment of a Memorandum of Understanding (MOU) between the two courts, aiming to solidify the chain of legal norms and restore systemic stability. For a long-term resolution, a comprehensive revision of the judiciary law is advocated. This research serves as an urgent call for coordinated reforms to bolster the integrity and efficiency of Indonesia's judicial system.
The Potential Of Judicial Review As An Incremental Business Strategy (The Emergence Of Sharing Economy And One-Stop Services Application In Indonesia) Kusuma, Febrian Indar Surya; Hermawan, Sapto; Soares, Ardyllis Alves
Jurnal Hukum dan Peradilan Vol 12 No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.159-188

Abstract

The digital economic system has changed the pattern of relationships between service providers and consumers in conducting transactions. Starting from the opportunity given by the Supreme Court to online taxi service providers as part of Micro, Small, and Medium Enterprises (from now on MSMEs), application services such as Go-Jek and Grab are now becoming new spaces for national economic growth. This study will specifically answer how the judicial review process becomes a form of incremental policy, which is very important for business continuity in the industrial era 4.0. This paper can fill the research gap regarding policy alternatives response in supporting the development of the digital economy in Indonesia. This paper will be portrayed using doctrinal research methods and statutory approaches in descriptive and prescriptive styles. As a result, this paper demonstrates that the Supreme Court, as the judiciary institution, plays a central role in responding to changing societal needs. The rationality of business actors in the theory of economic analysis of law has led them to step up and look for responsive policy alternatives. This condition is proven by the judicial review decision on Case Number 37 P/HUM/2017, which was then able to save MSME actors during the COVID-19 pandemic. The development of an incremental policy model is a form of government response to support national economic growth in the digital era, which demands rapid change.
Co-Authors Hari Purwadi, Hari Hermawan, Sapto Kusuma, Febrian Indar Surya Németh-Szebeni, Zsófia