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Amsir Law Jurnal (ALJ)
Published by institut ilmu sosial dan bisnis andi sapada
ISSN : -     EISSN : 27159329     DOI : https://doi.org/10.36746/alj.v2i1.28
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Amsir Law Journal (ALJ) is a peer-reviewed journal published by Sekolah Tinggi Ilmu Hukum (STIH) Amsir. ALJ is published twice a year in April and October. This journal provides direct open access to content with the principle of free availability in the public interest and supports greater global knowledge exchange. The purpose of this journal is to provide a place for academics, researchers, and practitioners to publish original research articles or review articles. The scope of articles published in this journal relates to various topics: such as Criminal Law, Civil Law, Constitutional Law, Administrative Law, Human Rights, International Law, Islamic Law, Adat Law, Environmental Law, Sociology of Law, Criminology and Victimology and other parts related to contemporary problems in law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 7 No 2 (2026): April" : 5 Documents clear
Implikasi Hukum Perdagangan Internasional terhadap Kebijakan Biodiesel B50 atas Komoditas Minyak Sawit Indonesia Jumantoro, Tegar Raffi Putra; Kusuma, Ajeng Pramesthy Hardiani; Hasan, Nurhaedah; Kairuddin, Kairuddin
Amsir Law Journal Vol 7 No 2 (2026): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v7i2.683

Abstract

Indonesia's B50 biodiesel policy creates a legal dilemma between national energy policy sovereignty and international trade obligations under the WTO system. This research analyzes the legal implications of the B50 policy, which impacts the reduction of CPO export volumes and triggers allegations of protectionism from trading partners, particularly the European Union. Through a normative juridical approach employing statutory, conceptual, and comparative methods, this study examines the consistency of national regulations with WTO principles such as most favoured nation (MFN), national treatment, and transparency, while evaluating the legal justification space through development space principles and General Exceptions (Article XX GATT). A comparative study of Argentina's and Brazil's experiences in biodiesel disputes at the WTO reveals two different strategies: litigation based on technical documentation and diplomatic approaches with sustainable development narratives. This research finds that Indonesia has legal justification space for the B50 policy, but requires strengthened normative arguments, policy transparency, and technical document preparedness to anticipate potential disputes. These findings provide strategic contributions to formulating Indonesia's legal position in multilateral forums through the establishment of cross-sectoral task forces, strengthening policy narratives based on global justice, and optimizing international legal cooperation so that the B50 policy obtains both legal and international legitimacy.
Implikasi Putusan Mahkamah Konstitusi Nomor 62/PUU-XXII/2024Terhadap Demokrasi Pemilihan Umum 2029 di Indonesia Anhari, Falih Rizky; Atikasari, Anggi; Husna, Halishatul; Farhana, Farhana; Kasim, Aksah
Amsir Law Journal Vol 7 No 2 (2026): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v7i2.702

Abstract

The Constitutional Court Decision No. 62/PUU-XXII/2024, which annulled the presidential threshold in Article 222 of Law No. 7 of 2017, marks a crucial shift in Indonesia’s presidential electoral design by removing structural restrictions on citizens’ rights to vote and to be elected. This study analyses the decision’s implications for the quality of democracy in the 2029 presidential election, using a normative legal method with statutory, case, and comparative approaches, and drawing on democratic theory and the principle of popular sovereignty in the 1945 Constitution. The findings show that abolishing the presidential threshold can broaden political participation, diversify representation, and reduce the dominance of large coalitions, yet simultaneously increase the risks of political fragmentation, electoral management complexity, and governmental instability. The article argues that the decision must be followed by regulatory reforms to strengthen party verification, deepen internal party democracy, and ensure transparent and accountable candidacy procedures, so that the post‑threshold electoral system becomes more inclusive and fair while maintaining effective governance.
Legal Issues in Converting Wildlife Sanctuaries into Palm Oil Plantations Diki Okta Dwi Putra; Simarmarta, Anggi Sri Haryati; Maulana, M. Ramzi
Amsir Law Journal Vol 7 No 2 (2026): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v7i2.724

Abstract

The sustainability of wildlife reserve forests is threatened by deforestation activities into non-forest areas, especially into oil palm plantations. Currently, Indonesia is the largest palm oil producer in the world with the latest production figures recorded at 37.8 million tons and it contributes foreign exchange of 310 trillion rupiah from exports, which are predicted to continue to increase in number every year. this raises legal issues related to how the regulation of deforestation in Indonesia that changes the function of forests into oil palm plantations is reviewed from the legislation and how the company's liability for damage to Wildlife Sanctuary Parks due to deforestation of forests into oil palm plantations according to the results of the law The legal rules regarding deforestation are quite clear as in the Government Regulation on the Implementation of Forestry No. 23 of 2021, but the regulations regarding the licensing of oil palm land clearing are still not specifically regulated, so that the Transfer of forest clearing licenses is still not regulated. 23 of 2021, but regulations regarding the licensing of oil palm land clearing are still not specifically regulated, so that the conversion of the Wildlife Reserve forest functions into oil palm plantations is a form of forest deforestation, which is not allowed at all to be deforested as oil palm plantations.
From Tradition to Court: The Legal Validity of the Sumpah Pocong in Civil Evidence Setiawan, Tiffany; Kurniawan, Jackline; Kandou, Annabella; Asriyani, Arini; Al-Maliki, Abbas Ibrahim
Amsir Law Journal Vol 7 No 2 (2026): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v7i2.735

Abstract

Civil procedural law places oath evidence as the final evidentiary instrument (ultimum remedium) when documentary evidence, witness testimony, presumptions, and confessions are no longer sufficient to convince the judge. Building on the strategic position of oaths in the evidentiary system, this article examines the validity of the sumpah pocong as a form of oath-taking in civil cases, with a focus on its normative, juridical‑practical, and sociological dimensions. This study employs a normative juridical method with statutory, conceptual, and case approaches to the regulation of oaths in the Civil Code, the HIR/RBg, the Law on Judicial Power, and the decision of the Religious Court of Lumajang No. 1252/Pdt.G/1996/PA.Lmj, combined with a review of literature and doctrine on civil evidence and the practice of the sumpah pocong. The findings show, first, that oaths in civil procedural law occupy a special position as evidence with litis decissoir force in the form of a decisive oath, while at the same time carrying a strong moral‑religious burden in encouraging the parties’ honesty. Second, the sumpah pocong is not recognized as a separate category of evidence, but can functionally be accepted as the implementation of a decisive oath insofar as it is ordered by the judge, used as a last resort when proof has reached an impasse, carried out in accordance with the religion of the party taking the oath, and officially documented in the minutes of the hearing. Third, the practice of accepting the sumpah pocong indicates an effort by the judiciary to accommodate legal values and the sense of justice living in society, while at the same time giving rise to problems of legal certainty and consistency of application due to the absence of explicit regulation. This article concludes that the position of the sumpah pocong in civil procedural law is casuistic and based on functional legality, so that clearer normative guidelines are needed in the future to ensure that the integration between religious/customary practices and the civil evidentiary system remains in line with the principles of legality and the rule of law.
Formulasi Kebijakan Rechterlijke Pardon dalam Perspektif Pembaharuan Hukum Pidana di Indonesia Uut Rahayuningsih; Wardhana, Yudha Kusuma; Nadianti, Jenita; Noor, Abdillah Ramadhan
Amsir Law Journal Vol 7 No 2 (2026): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v7i2.758

Abstract

This study aims to analyze the concept of judicial pardon (Rechterlijk Pardon) as a key foundation for criminal law reform in Indonesia, which is transitioning from a colonial-era Criminal Code paradigm toward a more humanistic and context-sensitive sentencing system. Employing a normative legal research method, the article examines statutory provisions particularly those contained in the Draft/New Indonesian Criminal Code as well as relevant doctrinal writings and scholarly literature concerning the authority of judges to refrain from imposing punishment, even when the defendant has been legally proven guilty, provided that specific conditions are met, such as the minor nature of the offence, the personal circumstances of the offender, and compelling considerations of justice and humanity. The findings demonstrate that judicial pardon functions as a short-term alternative to imprisonment, a judicial corrective to the rigid application of the legality principle, and a “safety valve” to prevent decisions that are formally lawful but substantively unjust, thereby strengthening a shift in penal orientation toward restoration, protection of human dignity, and the reduction of over‑criminalization. From a policy perspective, the institutionalization of judicial pardon within Indonesia’s criminal law reform agenda is consistent with the values of Pancasila and the principle of punishment as an ultimum remedium, and it opens the way for a more balanced sentencing framework that integrates legal certainty, utility, and substantive justice in line with contemporary United Nations standards on humane and proportionate criminal justice

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