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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 329 Documents
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Menilai Efektivitas Transisi Energi Indonesia Melalui Pengembangan Ekosistem Kendaraan Bermotor Listrik Berbasis Baterai Siombo, Marhaeni Ria; Adi, Emmanuel Ariananto Waluyo
Lex Renaissance Vol 10 No 2: DESEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art3

Abstract

Indonesia aims to achieve Net Zero Emission (NZE) by 2060 through various initiatives, notably the Battery-Based Electric Vehicle (BBEV) program for road transportation. This study identifies opportunities and challenges in Indonesia’s energy transition via BBEV adoption. A normative juridical approach was employed, utilizing primary legal materials (laws, presidential and ministerial regulations) alongside secondary sources from government reports and academic literature. Findings reveal that public charging infrastructure (SPKLU/SPBKLU) remains far below the 2030 target, financing mechanisms for the BBEV ecosystem are suboptimal, and regulatory fragmentation persists across sectors (local content requirements, fiscal incentives, and battery waste management). To foster BBEV uptake, the Government should enhance banking sector engagement, harmonize inter-ministerial regulations, and expedite the issuance of technical rules and pro-consumer fiscal incentives.
Redesigning the Institutional Framework of Indonesia’s Truth and Reconciliation Commission Yusuf, Muhammad Rifai; Rizqiyanto, Naufal; Sangadji, Sulastri
Lex Renaissance Vol 10 No 2: DESEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art2

Abstract

TRCs are globally recognized as one of the means to resolve past gross human rights violations. As a country that has transitioned from an authoritarian to a democratic regime, Indonesia has committed to resolving the issue. One progressive effort was the enactment of Law No. 27 of 2004 on the Truth and Reconciliation Commission. However, the Law no longer applies after it was annuled by Indonesian Constitutional Court so that the commission has no normative basis at the law under the Constitution. This research seeks to answer three main problems, first, how the TRC is viewed by international law and the Indonesian constitutional system. Second, how are the dynamics of its arrangement in Indonesia. Third, what kind of ideal institutional design can be offered. This study used normative legal research with statutory, conceptual, and historical approaches to explain the problems and. The result shows that first, TRCs is consistent with the Indonesian constitutional system. Second, the ratio decidendi of the annulment of the TRC Law by the Constitutional Court because it does not guarantee justice for victims of past gross human rights violations. Third, several aspects that need to be redesigned from the new institutional model of a constitutional TRC are related to institutions, members, mechanisms for providing justice for victims, including amnesty for perpetrators and the opening of opportunities for appeals to a human rights court.
Kebijakan Co-firing Hidrogen Hijau: Solusi Dekarbonisasi Pembangkit Listrik Tenaga Uap di Indonesia Darmawan, Christhoper Kristian; Sebastian, Ezra
Lex Renaissance Vol 10 No 2: DESEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art1

Abstract

The purpose of this study is to analyze the urgency of implementing green hydrogen co-firing as a more sustainable alternative to biomass, both from the legal and implementation aspects, and to formulate the optimization steps needed to support the implementation of green hydrogen co-firing in order to achieve the NZE 2060. This study uses a normative-empirical method, with a legislative approach to review and evaluate the applicable regulatory framework and energy policies, linked to the empirical conditions of co-firing implementation in Indonesia. The results show that green hydrogen has significant potential as a blended fuel that is more environmentally friendly and sustainable than biomass. However, its implementation still faces various challenges, especially related to regulatory readiness, the availability of hydrogen infrastructure, the need for economic incentives, and investment support. This study also concludes that the implementation of green hydrogen co-firing is not only relevant to support the achievement of the NZE 2060, but also contributes to strengthening environmental sustainability and national energy security, as long as it is supported by comprehensive and integrated policies.
Urgensi Rancangan Undang-Undang Lembaga Kepresidenan sebagai Instrumen Penguatan Checks and Balances Ahfi, Zieyad Alfeiyad
Lex Renaissance Vol 10 No 2: DESEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art4

Abstract

This study aims to examine the urgency of resubmitting the Presidential Institution Bill by considering various issues that have arisen in recent years, such as the president's authority in legislation, limitations on presidential involvement in elections, presidential authority during transitional periods, and restrictions on the president in granting amnesty and abolition. The method used is normative legal research with a statutory approach and descriptive qualitative literature study. The research results indicate that due to the absence of a Presidential Institution Law, the president is highly likely to abuse power and the system of checks and balances weakens. First, the president's authority in the field of legislation is still too broad, particularly in issuing Government Regulations in Lieu of Law (Perppu), which could potentially lead to autocratic legalism. Second, there are no regulations regarding limits on the president's political involvement in elections, which could potentially give the president room to favor a particular candidate. Third, there are no restrictions on the president's actions during the transition period (lame duck), which opens the possibility for the president to make legal decisions that could disrupt the country's political stability. Fourth, there are no clear benchmarks for granting amnesty and abolition, which could potentially be used as tools for political transactions.
Posibilitas Perluasan Penerapan Sistem Partai Politik Lokal di Indonesia Caesario, Wibisena; Haryanto, Muhammad Kevin Setio
Lex Renaissance Vol 10 No 2: DESEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art5

Abstract

The party and electoral system in Indonesia has experienced developments, one of which is the birth of local political parties. Regulations regarding local political parties have only been accommodated for Aceh Province. Of course, this is inseparable from the position of the two provinces that hold special autonomy. On the other hand, there is also a close correlation between the existence of local political parties and regional autonomy, even indirectly connected through the constitution. Therefore, the author intends to analyze two things, namely (1) how is the status quo of the existence of local political parties in Indonesia? (2) how is the possibility of expanding the application of local political parties in Indonesia? This research is normative legal research using literature study. As a result, there are juridical, sociological, political, and historical factors behind the existence of local political parties. This also what makes the existence of local political parties in Aceh stronger. There is the possibility of implementing a local political party system widely because it can strengthen regional autonomy that prioritizes the aspirations of local communities and eliminates dependence on the center. However, there are challenges related to identity politics and changes in the relationship between the center and the regions that could potentially conflict with the unitary state system.
Rekonstruksi Politik Legislasi Indonesia Setelah Putusan MK NO. 91/PUU-XVIII/2020: Antara Omnibus Law, Delegasi Legislasi, dan Kontrol Konstitusional Prasetyoningsih, Nanik; Wardhana, Allan Fatchan Gani
Lex Renaissance Vol 10 No 2: DESEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art6

Abstract

Constitutional Court Decision No. 91/PUU-XVIII/2020 marked a significant turning point in Indonesia’s legislative politics. For the first time, the Court declared a statute conditionally unconstitutional on the grounds of procedural defects, while simultaneously affirming the importance of meaningful public participation and due process in law-making. Nevertheless, subsequent developments have revealed an ambivalent trajectory. The Government issued Government Regulation in Lieu of Law No. 2 of 2022, which was later enacted as Law No. 6 of 2023, while the amendment to the Law on the Formation of Laws and Regulations through Law No. 13 of 2022 effectively institutionalized the omnibus method as a permanent legislative technique. This article examines the reconstruction of Indonesia’s legislative politics following Constitutional Court Decision No. 91/2020, particularly in relation to the omnibus law method, legislative delegation, and constitutional control. It employs a normative juridical method with statutory, conceptual, and case-based approaches, drawing on an analysis of the 1945 Constitution, the Job Creation Law, the Law on the Formation of Laws and Regulations, the Government Regulation in Lieu of Law on the Job Creation, and relevant Constitutional Court decisions issued after 2020. The study identifies three principal tendencies. First, the omnibus method has undergone a process of normalization within Indonesia’s legislative framework. Second, delegated legislation has reinforced a pattern of executive-heavy law-making, shifting substantial normative authority toward the executive branch. Third, constitutional control over formal judicial review remains inconsistent in its application. At the same time, although the Constitutional Court has normatively strengthened the principle of public participation, such participation has not yet been adequately institutionalized in legislative practice. This article argues that the reconstruction of Indonesia’s legislative politics should be directed toward limiting the use of the omnibus method, tightening the scope of normative delegation, strengthening meaningful public participation, and developing more robust mechanisms of checks and balances and constitutional dialogue. Such measures are necessary to ensure that the legislative process is brought back into alignment with the principles of the rule of law and constitutional democracy.
Teori Etika Terhadap Reformulasi Kebijakan Hukum Ketenagakerjaan Pada Pembayaran Uang Kompensasi Pekerja PKWT Asrofi, Muchtar Hasan
Lex Renaissance Vol 10 No 2: DESEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art8

Abstract

Government Regulation No. 35 of 2021 on Fixed-Term Employment Contracts, Outsourcing, Working Hours, and Rest Periods (PP No. 35/2021) has not yet established a mechanism for the payment of compensation to workers under fixed-term employment contracts (PKWT): whether it should be paid in a lump sum or in installments, and what the legal consequences are if paid in installments. In practice, there are employers who pay compensation in installments after the PKWT period ends (if not extended) or in installments/in full after the extension of the PKWT (if extended). The issue examined in this paper is: what is the perspective of ethical theory on the reformulation of labor law policy regarding compensation for PKWT workers? This study is a doctrinal/normative study using a conceptual approach. The data sources for this study are secondary data. The purpose of this paper is to analyze the role of ethical theory in the reformulation of labor law policies regarding compensation for PKWT workers. The findings of this study indicate that, first, according to rights theory (one of the ethical/moral theories), the provision of compensation in installments, to be paid in full after the extension of the PKWT, is ethically sound because it is oriented toward the fulfillment of rights, regardless of the outcome of the action. The rights theory bridges the differing perspectives of Article 15 (1) PP No. 35/2021, which views the installment payment of PKWT compensation favorably, with the perspective of Article 15 (4) of PP No. 35/2021, which views it unfavorably. Second, the author proposes amendments PP No. 35/2021 to clarify the mechanism for paying PKWT compensation, whether it must be paid in cash or may be paid in installments, including the consequences of such installment payments.
Euthanasia at the Crossroads of Faith and Philosophy: Islamic vs. Western Thought Rahmani, Parwana
Lex Renaissance Vol 10 No 2: DESEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art7

Abstract

This article examines the perspectives of Islam and Western philosophy on euthanasia, focusing on whether it is acceptable within Muslim contexts. To provide a comprehensive understanding, the study employs an Islamic jurisprudential approach combined with analytical and descriptive methods. Drawing on primary Islamic sources, including the Qur’an, Hadith, scholarly fatwas, and Islamic ethical principles. The findings indicate that, due to the sanctity of human life as a divine gift, active euthanasia is strictly prohibited in Islam. However, in circumstances where medical treatment proves ineffective or futile, Islamic teachings permit the withdrawal or discontinuation of life-sustaining interventions.
Politik Hukum Anggaran Penanggulangan Bencana Alam: Studi Kasus Bencana Sumatera Mubarok, Rizki; Tjandra, W. Riawan
Lex Renaissance Vol 10 No 2: DESEMBER 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss2.art9

Abstract

The 2025–2026 State Budget (APBN) represents a critical juncture in Indonesia's disaster management budgeting politics, allocating The National Agency for Disaster Countermeasure (BNPB) budget to a fifteen-year low of only 0.013% of state expenditure. This reveals an ambivalent dynamic: while hydrometeorological risks in Sumatra escalate with estimated losses of IDR 51.82 trillion, the fiscal design reinforces disasters as mere contingency issues by minimizing preventive funding. This article analyzes the reconstruction of disaster budgeting politics within the 2025–2026 APBN, specifically regarding national disaster status determination, regional fiscal capacity, and citizens' constitutional right to safety. Employing a normative juridical method with statutory and case study approaches, this research examines the Disaster Management Law, APBN and Financial Notes Law, and Sumatra’s economic impact data. Findings indicate three primary trends: the marginalization of mitigation in routine spending, executive discretion in status determination driven by fiscal calculations and national reputation, and the lack of institutionalized ecological justice in budget planning. The study recommends that disaster budgeting must be reconstructed through risk-based budgeting, automatic fiscal thresholds for emergency status, and the integration of ecological risks into regional transfers. This ensures alignment with the principles of responsive and sustainable state financial law, providing a more robust framework for national disaster resilience and citizen protection.

Page 33 of 33 | Total Record : 329

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