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Ius Positum: Journal of Journal Of Law Theory And Law Enforcement
Published by JF Publisher
ISSN : -     EISSN : 2809672X     DOI : https://doi.org/10.56943/jlte
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Ius Positum (Journal of Law Theory and Law Enforcement) is an open acces journal which affiliated with a law firm JF Law Firm. Ius Positum facilitates academics, researchers and legal practitioners to contribute in publishing articles that include original academic thoughts in field of Law Theory and Law Enforcement. to ensure the originality of article and avoid plagiarism, each article will be checked by Turnitin Plagiarism checker. Ius Positum accepts academic articles written in English that will be issued quarterly (four times a year) January, April, July and October.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 2 Documents
 1 
Search results for , issue "vol. 5 issue 3 (2026)" : 2 Documents clear
Judicial Review by the Constitutional Court: A Democratic Oversight Instrument in Indonesia Ernawati Huroiroh; Dossy Iskandar Prasetyo; Vera Rimbawani Sushanty
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 5 Issue 3 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v5i3.1048

Abstract

Judicial review is one of the constitutional authorities of the Constitutional Court that plays a central role in upholding constitutional supremacy, sustaining checks and balances, and strengthening constitutional democracy in Indonesia. This study examines the constitutional position and authority of judicial review exercised by the Constitutional Court within Indonesia's system of governance and assesses the implications of its judicial review decisions for the protection of citizens' constitutional rights within Indonesia's democratic system. The study employed normative legal research using statute, conceptual, and case approaches, drawing on primary, secondary, and tertiary legal materials analyzed qualitatively through a descriptive-analytical method. The findings show that the Constitutional Court holds a strategic position as guardian of the constitution, exercising authority to test statutes against the 1945 Constitution to ensure that legislative products remain consistent with the principles of the rule of law and constitutional democracy. This authority functions as an instrument of democratic oversight that restrains the misuse of legislative power and sustains institutional equilibrium. In addition, the Court's judicial review decisions carry significant implications for the protection of citizens' constitutional rights: through its authority to invalidate unconstitutional norms, the Court reinforces constitutional supremacy, increases the accountability of law-makers, and advances a constitutional democracy in which the constitution serves as the foundation of state power. Judicial review therefore functions not merely as a mechanism for testing legal norms but as a substantive instrument for strengthening democracy and protecting citizens' constitutional rights in Indonesia.
Legal Certainty and Institutional in Coherence in Surabaya Hajj Embarkation-Debarkation Health Service 2026 Rosidi Roslan
IUS POSITUM: Journal of Law Theory and Law Enforcement Vol. 5 Issue 3 (2026)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jlte.v5i3.1070

Abstract

Hajj health services represent public service delivery within an international mass gathering, demanding cross-sectoral coordination, resource rediness, service continuity, and legal certainty. These complexities escalated in 2026 due to institutional restructuring and regulatory dynamics in Indonesia. This study evaluates the coherence among legal frameworks, institutional governance, and health practices at Surabaya Embarkation and Debarkation. Using a qualitative evaluative design based on document analysis and secondary data, the research found that while services operated through an inter-institutional network, gaps persisted in health assessment continuity, ambulance capacity, transitional logistics, staff facilities, and information system integration. Legal audits revealed that revoked regulations remained referenced in operational documents and organizational changes occurred during active debarkation, creating variable legal certainty. These findings highlight the need for regulatory harmonization, clear authority interfaces, transitional SOPs, resource strengthening, and data interoperability  for future Hajj health governance.

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