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INDONESIA
Acta Law Journal
Published by TALENTA PUBLISHER
ISSN : -     EISSN : 29642264     DOI : https://doi.org/10.32734/alj.v1i1.9829
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Acta Law Journal does not exclusively publish articles relating to Notarial Law, but also publish articles on other various fields of law, which include but not limited to Business Law, Company Law, Tax Law, Civil Law, Administrative Law, Customary Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 34 Documents
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Interim Election as a Transitional Electoral Design in Indonesia Yulida, Devi; Rini Anggreini
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23554

Abstract

The General Election serves as the primary means for citizens to carry out their sovereignty within Indonesias democratic framework. The Constitutional Court Decision Number 135/PUU-XXII/2024 introduced a major transformation by separating the National Election from the Regional Election, which had previously been conducted simultaneously. This separation aims to improve the quality of democracy and enhance electoral efficiency but simultaneously presents new challenges, notably the potential vacancy of Regional Representatives (DPRD) and regional heads during the 2029–2031 transition period due to differing electoral cycles. This study employs a normative juridical method with legislative and conceptual approaches to analyze the legal implications of the Court’s decision and to propose a constitutional solution through the concept of an Interim Election. The findings indicate that the Interim Election offers a legitimate and democratic mechanism to preserve the authority of representative institutions without extending their terms unconstitutionally. It applies only to DPRD members at the provincial and local levels, while regional head vacancies may be filled by acting officials in accordance with existing regulations. Therefore, the Interim Election provides a constitutional pathway to maintain governmental continuity, uphold the principle of periodic power limitation, and reinforce popular sovereignty in the aftermath of Constitutional Court Decision Number 135/PUU-XXII/2024.
Overlapping Authority In Judicial Oversight Komisi Yudisial V. Badan Pengawas Mahkamah Agung Jesica, Kenny
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23841

Abstract

Judicial oversight is a crucial element in maintaining the integrity and accountability of the judiciary in a state based on the rule of law. In Indonesia, this oversight function is carried out by two institutions namely Komisi Yudisial and Badan Pengawas Mahkamah Agung. However, their authority often overlaps, which not only gives rise to jurisdictional conflicts but also leads to institutional inefficiency and legal uncertainty. This study aims to analyze the authority of each institution based on laws and institutional practices, and to evaluate its impact on the effectiveness of the judicial oversight system. Using a normative and descriptive-analytical approach, this study finds that the unclear division of authority between Komisi Yudisial and Badan Pengawas Mahkamah Agung has hampered the oversight function, created waste of resources, and weakened public trust in the judiciary. This study recommends the need for inter-institutional harmonization of regulations or even restructuring of the judicial oversight institution to create a more efficient, integrated system that ensures legal certainty without sacrificing judicial independence.
Inviolability Under Fire: The 2024 Israeli Attack On Iranian Consular Premises And Syria’s State Responsibility Under Diplomatic Law Galio, Galio Parly Keliat; Sutiarnoto; Fajar Khaify Rizky
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23613

Abstract

The attack on Iran’s consular premises in Damascus underscores significant legal challenges concerning the special duty of the receiving State to protect foreign representations. In international law, the protection of diplomatic and consular missions is a fundamental obligation of the receiving State, as regulated under the 1961 Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations. This research aims to analyze the obligations of Syria, as the receiving State, in protecting the consular premises of Iran in Damascus from third-party attacks based on diplomatic law. This research employs a normative legal research method with a descriptive approach, utilizing an analysis of international legal instruments, legal doctrines, and relevant State practices. The results indicate that Syria, as the receiving State, failed to fulfill its obligation to take all appropriate steps to protect the inviolability of the consular premises and the safety of consular officers. Such failure constitutes a breach of the protective obligations stipulated in Article 22 paragraph (2) of the 1961 Vienna Convention and Article 31 paragraph (3) of the 1963 Vienna Convention, specifically regarding the receiving State's duty to prevent any form of attack, damage, or disturbance of the peace of the consular mission. This research provides an academic contribution by strengthening the understanding of the nature of the receiving State's obligations in the context of consular protection as an obligation of conduct, as well as a practical contribution in affirming the standards of State responsibility within the context of modern armed conflict under diplomatic law.
Geographical Isolation in the Protection of Human Rights for Remote Indigenous Communities (KAT) in Indonesia: Challenges in the Implementation of International Human Rights Law Damanik, Juvito Solange; Sutiarnoto; Tarigan , Vita Cita
Acta Law Journal Vol. 4 No. 1 (2025): December 2025
Publisher : Talenta Publisher, Universitas Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32734/alj.v4i1.23532

Abstract

Indonesia’s extensive forests and mountainous terrain result in significant geographical isolation for parts of its population, particularly Remote Indigenous Communities (Komunitas Adat Terpencil/KAT). This study examines the relationship between geographical isolation and the implementation of international human rights law in protecting the rights of KAT in Indonesia, as well as the normative and practical obstacles faced by the Indonesian government. Employing a normative and descriptive legal research method based on secondary data, this research analyzes international human rights instruments, particularly the UDHR, ICCPR, ICESCR, and ICERD, alongside Indonesian legal frameworks. The study finds that geographical isolation substantially hinders the practical realization of human rights for KAT, including the rights to an adequate standard of living, social security, and political participation. Limited accessibility restricts public services, economic development, legal oversight, and democratic processes in remote areas. Normatively, inconsistencies arise from differing national and international conceptions of indigenous peoples, where Indonesian law emphasizes socio-economic vulnerability and empowerment, while international law frames indigenous peoples as vulnerable rights-holders entitled to self-determination. The research concludes that greater harmonization between national law and international human rights standards, combined with policies addressing geographical isolation through environmental protection and equitable economic development, is essential for effective protection of KAT in Indonesia.

Page 4 of 4 | Total Record : 34

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