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INDONESIA
Lex Renaissance
Published by Universitas Islam Indonesia
ISSN : 26205386     EISSN : 26205394     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Lex Renaissance adalah jurnal yang diterbitkan oleh program Pascasarjana Fakultas hukum Universitas Islam Indonesia. terbit dua kali dalam satu tahun (Januari dan Juli). jurnal ini adalah media komunikasi dan pengembangan ilmu. Jurnal terbit setiap semester.
Arjuna Subject : -
Articles 324 Documents
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Menakar Konsistensi Pelaksanaan Tugas dan Wewenang Kementerian Negara dari Perspektif Hukum Administrasi Negara: Telaah Program Food Estate dan Penanganan Covid-19 pada Periode Kedua Pemerintahan Joko Widodo Yusuf, Muhammad Rifai; Rohman, Azmi Fathu; Rizqiyanto, Naufal; Hidayat, Syarif
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art2

Abstract

The administration of the government has recently shown “bureaucratic irregularities” where the handling of some issues by ministries appointed by the president does not correspond to their main duties. The execution of the food estate program by the Ministry of Defense and the handling of the Covid-19 by the Ministry of State-Owned Enterprises are clear case samples. To find out which ministry truly has the authority, this research seeks to examine the consistency of the authorities of the two ministries with the affairs handled through the cultivation of two main problems. First, what is the position, duties and authority of state ministries both in the regulatory framework and the existing theory/doctrine explanations in administrative law. Second, to what extent is the consistency of the implementation of the duties and authorities of the ministries that become the focus of the study from the perspective of administrative law. This research is normative legal research by describing and analyzing qualitatively secondary data i.e. primary and secondary legal materials. The approach method used are conceptual and statutory approaches. The results showed that the position and authorities of state ministries in Indonesia have clear legal bases including the ministries that have authority in food estate and Covid-19 handling, namely the Ministry of Agriculture and the Ministry of Health. Thus, the Ministry of Defense which is the leading sector in the food estate program and the Ministry of State-Owned Enterprises in handling Covid-19 show bureaucratic inconsistencies.
Peran Pengawasan Ombudsman Republik Indonesia: Studi Komparatif Nationale Ombudsman dan Riksdagens Ombudsman Al'Anam, Muklis; Prabowo, Hendro
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art4

Abstract

The development of legal science is very rapid, so it is inseparable from the concept of the division of powers of state institutions. The authority is used to carry out public services and the function of the citizens' human rights approach. This approach is a form of legal protection for the people as the main part of administrative law. One of the holders of legal protection powers for citizens is the Ombudsman. The Ombudsman is a projustitia state institution in various countries and ensures the legal protection of citizens against government actions. However, in this context in Indonesia, the position of the Ombudsman as a concept of legal protection through an administrative law approach has not been maximised with a number of authorities. This problem occurs because administrative law in Indonesia does not have a special position in its legal order, one example is that there is no codification of Indonesian administrative law like in other countries such as the Netherlands having Algemen Wet Bestuurrecht (AWB). In Indonesia, it forms a special rule or material guideline, namely Law Number 30 of 2014 concerning Government Administration which cannot be said to be a material administrative law concept. This is because the regulation is not theoretically based on administrative law. So, it is necessary to have an administrative law policy in terms of preventive and repressive law enforcement. Therefore, this research uses the norm method based on statutory, conceptual and comparative legal approaches. With legal materials using comparative juridical analysis of the ombudsman institutional system in the Netherlands and Sweden. So that this research shows a much different concept of authority between the Indonesian Ombudsman, the Dutch Nationale Ombudsman functions as a government watchdog mentioned in Article 78a of the Dutch Constitution, and the Riksdagens Ombudsman. Sweden which is an organ of parliament to carry out supervision of the executive as a state organiser by issuing legal products, namely recommendations and also has the authority to conduct conciliation and mediation.
Peranan dan Problematika Mahkamah Konstitusi sebagai Positive Legislature di Tengah Regresi Demokrasi Indonesia Muhammad, Raihan
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art3

Abstract

Indonesia is currently experiencing a democratic regression, marked by increasing political corruption, restrictions on press freedom, and the weakening of independent institutions, including the Constitutional Court. As an institution tasked with safeguarding the Constitution, the Court is ideally expected to function as a negative legislature—annulling unconstitutional legal norms without creating new ones. However, in recent years, the Court has increasingly acted as a positive legislature by formulating new norms to fill legal gaps. While this move aims to protect citizens' constitutional rights, the absence of clear regulations regarding the scope of the Court’s authority as a positive legislature has led to legal uncertainty and opened the door to potential abuse of power. This study uses normative legal research with a doctrinal approach to analyze the impact of democratic regression on the credibility and effectiveness of the Constitutional Court in fulfilling its role as a positive legislature. The findings indicate that without clear regulatory boundaries, the Court's role risks reinforcing elite political hegemony, disrupting the separation of powers, and undermining public trust in its independence. Therefore, it is recommended that the government and the House of Representatives establish explicit regulations on the Court's authority in exercising its positive legislative function. Additionally, a stricter oversight mechanism is necessary to ensure that the Constitutional Court remains independent and consistent in upholding the rule of law and constitutional democracy in Indonesia.
Teori Hukum Normatif Dalam Perspektif Aliran Pemikiran Neo Kantian Meidaniasari, Annisa
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art1

Abstract

This research aims to examine the relationship between law, norms, and ethics within the societal context, as well as the role of normative legal theory from the perspective of Neo Kantian thinkers, focusing on ontological, epistemological, and axiological aspects. The importance of this study lies in understanding how normative legal theory serves not only as a positive system but also meets moral standards. The research uses a normative legal approach with historical and comparative methods, incorporating a qualitative analysis of the thoughts of several Neo Kantian thinkers, allowing for the identification of strengths and weaknesses in their perspectives. The study relies on secondary legal materials, such as legal journals, and employs literature review techniques to gather data. The findings reveal that the connection between law, norms, and ethics is essential in establishing a fair and harmonious social order. Justice should be a central principle in legal reasoning, not only based on the application of laws but also incorporating social, political, economic, and cultural elements. The exploration of normative legal theory from the Neo Kantian viewpoint provides valuable insights into the relationship between legal norms and moral principles, emphasizing the significance of rationality and individual autonomy in legal enforcement. This perspective fosters legal reforms that are more responsive to societal needs and aspirations. In conclusion, this research highlights the role of normative legal theory in the Neo Kantian tradition, which stresses rationality and individual autonomy, and advocates for legal reforms that better address contemporary societal challenges.
Legal Politics of Regulating The Management of Special Economic Zone In Indonesia: A Civil Law Analysis of Obligations and The Implementation of Social Responsibility Putra, Bayu Mogana
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art6

Abstract

Social responsibility is a moral and legal obligation that must be fulfilled by business entities in supporting sustainable economic development. In the context of Special Economic Zone in Indonesia, the implementation of social responsibility holds particular urgency as Special Economic Zone serve as strategic instruments of the state in promoting investment, exports, and national economic growth. However, to date, the regulation concerning the obligation and implementation of social responsibility within Special Economic Zone remains abstract and lacks a comprehensive integration within the national legal politics framework. This study aims to analyze the legal politics of Special Economic Zone regulation in Indonesia in relation to the implementation of social responsibility, and to explore the importance of such regulation from a private law perspective. This research is normative in nature, employing a statutory approach and a conceptual approach. The legal materials used consist of primary sources such as Law Number 39 of 2009 concerning Special Economic Zone and its derivative regulations, along with secondary legal materials including literature and scholarly studies. Data analysis is conducted systematically by constructing an ideal legal framework. The results indicate that the regulation of social responsibility in Special Economic Zone lacks a solid philosophical, juridical, and sociological foundation. Therefore, legal policy reform is urgently needed, both through legislative updates and the establishment of detailed technical regulations, to ensure legal certainty and support social sustainability in the development of Special Economic Zone in Indonesia.
Mengukur Nafas Panjang Perdamaian: Analisis Normatif MoU Helsinki dalam Menjamin Hak Asasi dan Rekonsiliasi di Aceh Prayogo, Andri Rafi; Heriyanto, Dodik Setiawan Nur
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art5

Abstract

This research investigates two questions: (i) how far the MoU and its implementing legislation have remedied pre-existing human-rights violations arising from the internal armed conflict; and (ii) whether the present institutional framework fulfils the MoU’s promise of sustainable post-conflict justice. Anchored in a normative juridical methodology, the study deploys statute and conceptual approaches to examine primary legal sources—inter alia the 1945 Constitution, Law No. 11/2006 on Aceh Governance, Law No. 26/2000 on Human Rights Courts—and authoritative jurisprudence, scholarly commentary and human-rights reports. Findings indicate that the MoU was pivotal in terminating hostilities, demobilising combatants and recognising Aceh’s special autonomy; however, it falls short of constituting a comprehensive justice mechanism. Persistent obstacles include the absence of a Human Rights Court seated in Banda Aceh, the circumscribed mandate and chronic under-funding of the Aceh Truth and Reconciliation Commission, low prosecution rates for grave abuses such as enforced disappearances, inadequate reparations for victims and uneven reintegration support for ex-combatants, women and child survivors. Consequently, the Aceh transitional-justice architecture remains fragmented, reactive and overly dependent on Jakarta’s political will. The article contends that realising the MoU’s transformative potential requires harmonising national legislation with international human-rights standards, building local institutional capacity and embedding victim-centred restorative programmes within Aceh’s broader development agenda. Strengthening these normative and institutional pillars is essential to truly convert the MoU from a mere cessation-of-violence agreement into a durable framework for restorative justice and reconciliation.
Urgensi Integrasi Pengaturan Restorative Justice dalam RUU KUHAP sebagai Bentuk Reformasi Keadilan Muttaqi, Nabila Ihza Nur
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art7

Abstract

Criminal law is closely associated with the stigma of imprisonment, which often creates justice issues for the parties involved due to an unequal standing. This situation has led to the introduction of concepts such as Restorative Justice, which aim to resolve criminal cases by involving all parties—including offenders, victims, and the community. However, various regulations governing Restorative Justice exist across different institutions, including the Police, the Prosecutor's Office, and the Supreme Court. This inconsistency adversely impacts implementation, resulting in difficulties aligning one regulation with another within the criminal justice system. This paper aims to examine the regulatory challenges surrounding Restorative Justice at the Indonesian regulatory level and the importance of integrating Restorative Justice regulations into the Criminal Procedure Bill. Conducted as normative legal research, this study employs both a statutory approach and a conceptual approach. The legal materials utilized include primary, secondary, and tertiary sources, which are organized descriptively for qualitative analysis. The research findings indicate that significant issues arise from differing interpretations and inconsistencies within the existing regulations of the Indonesian criminal justice system. Therefore, there is a pressing need to consolidate the various regulations into a coherent framework for Restorative Justice, allowing for optimal implementation of its principles. It is hoped that legislative institutions, as key stakeholders and decision-makers in legal policy, will consider adopting the Restorative Justice concept within the Criminal Procedure Code Bill.
Dissenting Opinion dalam Sengketa PHPU 2024 dan Legitimasi Presiden-Wakil Presiden Terpilih Putra, Arsyi Manggali Arya; Rafiqi, Ilham Dwi
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art8

Abstract

This study aims to examine the following problems: First, how does the dissenting opinion influence the 2024 General Election Results Dispute decision on the Legitimacy of the Elected President-Vice President? Second, What are the implications of the dissenting opinion on the 2024 General Election Results Dispute decision on the legitimacy of the President-Vice President's office? This study uses a normative legal research method with a statutory regulatory approach and a conceptual approach. The analysis technique is descriptive qualitative, interpretative, and heuristic. The study of this research is the Dissenting Opinion by three Constitutional Court Judges in Decision Number 1/PHPU.PRES-XXII/2024 and Number 2/PHPU.PRES-XXII/2024. The results of the study indicate the influence of dissenting opinion on the legitimacy of the elected President and Vice President, for a good democratic society, a desired national ideal. In addition, interpreting the dissenting opinion regarding the General Election Results Dispute (Pemilu) as a reference for improving future elections to be better. The dissenting opinion in this case provides a new perspective and interpretation of the election contestation in Indonesia. One of the most fundamental causes of the 2024 presidential and vice-presidential election was the incumbent's irregularities or interference in the election agenda. Furthermore, concerns were raised regarding the lack of neutrality of state civil servants, the distribution of social assistance funds leading up to the election and during the campaign period, and political ethics. Consequently, an imbalance occurred in the presidential and vice-presidential nomination process, creating new problems in resolving the 2024 election dispute.
Keabsahan Keputusan Tata Usaha Negara yang Berlaku Retroaktif (Studi Kasus Surat Keputusan Menteri Dalam Negeri Tentang Pemberhentian Sementara Wakil Bupati Mimika) Jassinta, Melani Aulia Putri; Erliyana, Anna
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art9

Abstract

This research is motivated by the retroactive implementation of State Administrative Decrees (KTUN) in the implementation of government administration. This policy anomaly because it will impact the status of legal actions taken before the KTUN is issued. This research aims to answer first, the validity of retroactive administrative decisions based on the theory of authority and the General Principles of Good Governance, and their implications for the legal actions of the Mimika Regency Government; and second, the legal analysis and implications of the Minister of Home Affairs Decree No. 100.2.3-1245 of 2023 concerning the Temporary Suspension of the Deputy Regent of Mimika, Central Papua Province, which applies retroactively. This research employs a normative juridical method using theoretical and conceptual approaches, along with qualitative data analysis. The study concludes, first, that normatively, an administrative decision should not be applied retroactively except to prevent greater harm and/or to protect the rights of the public; thus, any retroactive administrative decision issued without fulfilling such conditions can be deemed invalid. Second, based on the analysis conducted, the Temporary Suspension Decree in question is invalid, and consequently, all legal actions carried out following its issuance remain valid by operation of law. The study also identifies a legal ambiguity in interpreting the condition of “preventing greater harm” within the provisions governing retroactive administrative decisions, thereby indicating the need for further research in the future.
Komisi Pemberantasan Korupsi dalam Dinamika Politik Hukum Ketatanegaraan Pasca Undang-Undang Nomor 19 Tahun 2019 Andriansyah, Fery; Asmorojati, Anom Wahyu
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art10

Abstract

Law Number 19 of 2019 concerning the Second Amendment to the KPK Law has sparked widespread controversy due to concerns that it weakens the independence and effectiveness of the Corruption Eradication Commission. The analysis is conducted within the framework of Indonesia’s constitution and political system, focusing on its alignment with the principles of the rule of law, democracy, and human rights. This study uses a normative juridical method with a qualitative descriptive approach. The findings reveal that the 2019 revision places the KPK under the executive branch, restricts technical powers such as wiretapping and searches, and limits public participation in the legislative process. Consequently, the effectiveness of corruption eradication efforts has declined, including a drop in sting operations and public trust in the KPK. Judicial Review is important to enhanced public participation, restoration of KPK’s independence, and political reform to restore the institution’s ideal function.

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