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Abdul Kadir Jaelani
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INDONESIA
Journal of Sustainable Development and Regulatory Issues
Published by Lembaga Contrarius Indonesia
ISSN : 29878071     EISSN : 29878063     DOI : https://doi.org/10.53955/jsderi.v1i2
Core Subject : Health, Social,
Environmental Science Law, Crime, Criminology & Criminal Justice Public Health
The Journal of Sustainable Development and Regulatory Issues (JSDERI) focuses on the field of sustainable development and law studies at global, national, regional, and local levels worldwide. The journal addresses specific issues on energy, environmental design and planning, environmental management, spatial planning, environmental planning, environmental management and sustainable development integrated way and accordance with the principles of Regulatory Issues. In addition, JSDERI also covers legal research in waste management, air, water and soil pollution, rural planning, urban planning, regional economics, methods of enforcement, government tort liability, freedom of information, and state finance, and legal justice. The journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 72 Documents
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Rethinking How Laws Are Made: Indonesia’s Legal Method Dilemma Al-Fatih, Sholahuddin; Shahzad, Sayed Khalid
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.32

Abstract

This study analyzes the challenges in Indonesia’s law-making process, focusing on how poorly chosen drafting methods affect the quality of regulations. As a state governed by law, Indonesia relies on written legislation, which the Law on the Establishment of Legislation regulates. However, this law fails to provide clear direction on selecting the most effective law-making methods, leading to inconsistencies in legal outcomes. In response, this research adopts a conceptual and normative approach to examine various drafting techniques—Regulatory Impact Analysis (RIA), the ROCCIPI method, the omnibus law approach, and the potential use of artificial intelligence (AI). The study reviews legal documents and case examples, and evaluates the effectiveness of these methods by assessing the output and outcome of selected regulations. The findings show that the omnibus law model works well for codifying laws around specific themes, RIA strengthens economic lawmaking through evidence-based analysis, and the ROCCIPI method suits the drafting of regional regulations. The study also finds that AI can enhance the development of academic manuscripts in the legislative drafting process. Based on these findings, the study recommends amending the Law on the Establishment of Legislation to formally incorporate RIA and ROCCIPI methods and to provide guidelines for using AI in legal drafting. By adopting a more integrated and strategic approach, Indonesia can improve the quality, coherence, and responsiveness of its legal system.
Digital Defense Drives Economic Growth in Indonesia and Uzbekistan Budiono, Arief; Alba, Gradia Okultra; Gulyamov, Said Saidakhrarovich; Ali Polatjon Ogli , Turdialiev Mukhammad
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.47

Abstract

Digital technologies drive economic growth in both Indonesia and Uzbekistan. The global economy increasingly depends on the digital economy, reflected in the rise of blockchain systems, digital banking, and other digital activities in the economic sector. This research highlights the importance of digital personal data protection in Uzbekistan and Indonesia and examines its connection to digital economic development in both countries. The study uses a normative legal method that combines statutory and conceptual approaches. The authors examine the relevant laws and explore the concept of personal data protection in each country. The findings present two main points. First, the laws in both countries regulate personal data protection and assign institutional responsibilities across administrative, civil, and criminal domains. Second, when conflicts, data breaches, or criminal actions involving personal data occur, the legal systems provide for resolution through court litigation. Although both countries have implemented personal data protection laws that support digital economic development, they differ in institutional structure, legal procedures, and the scope of authority. Weak personal data protection may hinder the growth of the digital economy in both nations.
The Governments' Role in Preserving National Identity on Globalization Yarmuhammat Xudayberganovich, Madaliev; Ahmadov , Agil; Karomi, Karomi
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.76

Abstract

 This study explores how governments play a pivotal role in safeguarding national identity amid the transformative forces of globalization, offering comparative insights from Asian and European nations. As globalization accelerates the flow of information, culture, and economy across borders, it challenges states to maintain and protect their national identity. In response, this research analyzes how governments in both regions design and implement policies to confront these challenges. Using a qualitative design with a comparative approach, the study examines academic literature, policy documents, and selected case studies. The findings fall into three key sections. First, cultural policy reveals that Asian governments preserve tradition through education and cultural festivals, while their European counterparts prioritize legal protections for cultural heritage. Second, political strategies show that Asian nations implement centralized, state-driven measures, whereas European countries pursue multilateral consensus. Third, the analysis of media and technology highlights a striking contrast: Asian governments actively regulate local media to shape cultural narratives, while European governments protect freedom of expression within democratic frameworks. The study concludes that, although their methods differ, both regions empower governments as central actors in preserving national identity. These findings underscore the importance of balanced policies that promote global integration without compromising cultural identity.
Disability and Electoral Justice for Inclusive Participation Putra Perbawa, Ketut Sukewati Lanang; Paul Atagamen Aidonojie; Benjamin Okorie Ajah
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.93

Abstract

The political participation of people with disabilities is crucial to achieving an inclusive and equitable democracy. Although Indonesia has recognized the political rights of people with disabilities through various regulations, the implementation of these rights still faces significant structural barriers and systemic discrimination. This research aims to analyze the practice of electoral justice for people with disabilities in Indonesia by learning from the experience of South Africa, which has built a comprehensive and inclusive legal framework and election policy. The research method used is normative juridical, with a qualitative comparative study analyzing legal documents, election policies, and implementation practices in both countries. The research results show that, First, Indonesia has recognized the political rights of people with disabilities through various regulations. However, realizing these rights is still far from optimal due to structural, administrative, and social barriers. Second, South Africa has implemented an effective accessibility policy and involved the Independent Electoral Commission (IEC) in advocacy, voter education, and provision of supporting facilities, thus facilitating the full participation of people with disabilities in the political process. Third, more specific legal and policy reforms are needed, as well as increasing the capacity and commitment of election organizing institutions to realize electoral justice that ensures inclusive and meaningful political participation for people with disabilities in Indonesia. This can be done by amending election laws, improving the substance to protect the political rights of people with disabilities, and strengthening institutions such as the General Election Commission and the Election Supervisory Body regarding supervision.
Redesigning the Principle of Justice in Labor Disputes Arpangi, Arpangi; Sanni , Tajudeen
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.95

Abstract

Disputes between workers and employers are inevitable in industrial relations, requiring an effective and fair dispute resolution mechanism. Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes currently serves as the primary legal basis for resolving such disputes in Indonesia. However, this law, particularly Article 83 paragraphs (1) and (2), has drawn significant criticism for failing to reflect the values of justice, procedural efficiency, and legal certainty. This study aims to examine and analyze the weaknesses of the existing regulation on filing labor dispute lawsuits at the Industrial Relations Court and to reconstruct these provisions based on the principles of justice. This research employs the theory of Pancasila justice, legal system theory, and progressive legal theory, with a constructivist paradigm and a legal research approach. The study uses descriptive-analytical specifications, collecting primary data from field studies and secondary data from literature and legal materials. The data analysis uses qualitative methods. The research findings identify three main issues: First, the regulation lacks justice values and places an administrative burden on judges, causing procedural inefficiencies. Second, weaknesses exist in the legal structure, substance, and culture, particularly regarding ineffective bipartite and tripartite dispute resolution and limited worker access to justice. Third, the study proposes reconstructing Article 83 by delegating administrative verification duties to the clerk’s office, ensuring procedural efficiency and strengthening the realization of justice in industrial relations dispute resolution.
Reform of Environmental Approval Policy for Renewable Energy in Indonesia Ketut Rachmi Handayani , I Gusti Ayu; Yosiana, Cindy; Kongrawd , Sutasinee
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.101

Abstract

Indonesia faces persistent regulatory barriers in accelerating its renewable energy transition, mainly due to rigid and bureaucratic environmental licensing that ignores the specific characteristics of clean energy projects. This study examines the legal and policy gaps in Indonesia’s environmental licensing framework, using a normative legal approach complemented by case studies and comparative analysis with Germany, Australia, and selected ASEAN countries. The findings reveal three main issues. First, although Indonesia has adopted a risk-based licensing system through the OSS RBA, the country still applies uniform procedures to all projects, failing to distinguish between high- and low-risk activities. It discourages investment and slows the growth of small-scale renewable energy. Second, the principles of prudence and sustainability have not been effectively reflected in policy implementation. There is an urgent need for reforms that align licensing procedures with project risks, strengthen public participation, ensure protection for vulnerable groups, and leverage digital technologies for greater transparency. Third, international comparisons show that countries such as Germany, Australia, Vietnam, Thailand, and Laos have successfully accelerated clean energy adoption by implementing risk-based regulations, simplifying procedures, offering financial incentives, and improving intergovernmental coordination. Based on these insights, the study recommends that Indonesia reform its environmental licensing policies to be more adaptive, transparent, and proportionate to project risks, thus supporting legal certainty, ecological justice, and a sustainable energy transition.
Legal Inconsistency on the Right to Build: Investment, Agrarian Rights, and Constitution Lego Karjoko; Jaelani, Abdul Kadir; Ravi Danendra
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.106

Abstract

The legal duration of the Right to Build (Hak Guna Bangunan) in the new capital city has raised concerns due to inconsistencies across regulatory frameworks. Current policies suggest that HGB may be granted for up to 160 years in two cycles, creating potential conflict with previous legal norms that provide for shorter durations. This study aims to assess the legal validity of the extended tenure of HGB within the context of national land law and to propose a justice-oriented regulatory model. The research adopts a normative legal method, utilizing primary and secondary legal materials, with a statutory and conceptual approach. The findings of this study are twofold: First, the regulation concerning HGB in the new capital lacks legal validity based on Lon L. Fuller’s theory of legal systems, as it contains ambiguous provisions, contradicts existing laws, and undermines legal certainty due to the possibility of frequent changes. Second, a just regulatory model should be grounded in the broader public interest and aligned with the moral and philosophical foundations of the national ideology, particularly the principle of social justice, to ensure equitable land access and promote sustainable capital development.
A Deconstruction of Rural Governance Policy to Drive Local Economies Ahmad Iman Sukri; Kusumastuti, Retno; Achmad Lutfi
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.111

Abstract

Rural governance policies play a critical role in determining the trajectory of local economic development, particularly in marginalized or agrarian regions. However, in practice, the centralistic and technocratic approach still dominates, positioning villages as policy implementers rather than locally based policy designers. This article examines the structure of village governance policy in Indonesia and its impact on local economic development through a deconstruction approach. Through a case study of Panggungharjo Village in Yogyakarta, this research analyzes how local actors successfully transformed village governance by dismantling the political, administrative, and policymaking frameworks. This research uses a socio-legal method with a discourse analysis approach to uncover power relations, participatory practices, and institutional innovations at the village level. This research compares village governance in India’s Panchayati Raj and Germany’s federal system to enrich the analysis. The research findings indicate that, firstly, the village governance structure in Indonesia is still dominated by a hierarchical and technocratic administrative approach, which limits the space for village initiatives in designing development based on local needs. Second, the village governance models in India and Germany offer valuable lessons for Indonesia, with India excelling in citizen political participation and Germany excelling in bureaucratic efficiency and technology-based public services. The combination of strong community engagement and institutional capacity building is crucial for building inclusive, adaptive, and sustainable village governance in Indonesia. Third, the ideal model of good village government governance is supported by strong leadership, adequate institutional capacity, and high public trust in the governance process.
Does the State Civil Apparatus Violate Neutrality During Elections? Nadzirin, Akhwan; Mawarini Sukmariningsih, Retno; Mashari, Mashari
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.112

Abstract

The impartiality of the State Civil Apparatus (ASN) is a fundamental prerequisite for ensuring free, fair, and democratic elections in Indonesia. As a complex legal topic encompassing constitutional rights, regulatory concerns, and bureaucratic politics, the goal of this study is to examine infractions of ASN neutrality. This research explores violations of ASN neutrality as a complex legal issue intersecting constitutional rights, regulatory shortcomings, and bureaucratic politicization. Employing a normative-empirical legal approach, the research draws on statutory analysis and field data from three districts Karanganyar, Boyolali, and Kendal. The findings reveal three critical legal and structural problems. First, enforcement of neutrality norms is undermined by fragmented, overlapping regulations and weak sanction mechanisms, reflecting a significant legal gap in the regulatory framework. Second, a normative conflict exists between the ASN's obligation to remain neutral and their constitutional political rights as citizens, particularly regarding passive political expression in private settings. This tension raises concerns over the proportionality and legitimacy of current restrictions. Third, the politicization of the bureaucracy by incumbent regional leaders has institutionalized patronage and structural pressure, weakening meritocracy and professional independence. The research recommends codifying ASN neutrality under a unified, enforceable legal framework; redefining the boundaries of political rights and professional duties; and strengthening institutional safeguards to protect civil servants from political coercion. Upholding both neutrality and civil liberties is essential to sustaining democratic governance and restoring public trust in the bureaucracy.
The Sustainable Peace Towards Legal Deradicalization Reform Maskyur Alkhuseri, Muchamad; Hartiwiningsih, Hartiwiningsih; Rustamaji, Muhammad
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.115

Abstract

Indonesia’s national stability and long-term development face serious threats from terrorism and radicalism. Despite introducing anti-terrorism laws and deradicalization programs, efforts mostly rely on repressive strategies. They often fail to address the ideological roots of the problem. This research aims to assess the need for reforming deradicalization policies within a framework of sustainable peace. Such a framework emphasizes the balance between security, social justice, and human rights. Using a juridical-normative and comparative policy approach, the research looks at Indonesia and Malaysia. The findings indicate that Indonesia’s deradicalization efforts are fragmented, lack inter-agency coordination, and lack a comprehensive, multidimensional foundation. In contrast, Malaysia offers a more cohesive model, characterized by institutional synergy and moderate religious education, achieved through partnerships with Islamic authorities. These findings underscore Indonesia’s need for reforms in deradicalization. Such reforms should integrate structural and psychological interventions, enhance institutional accountability, promote cross-sector collaboration, and encourage public engagement. Achieving sustainable peace against evolving radical threats requires human-centered, law-based approaches to promote long-term resilience and inclusivity.

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