Renewable Energy Development in Indonesia From New Normal to Better Normal: Environmental Law Perspectives

The COVID-19 pandemic has changed many aspects of human life worldwide. This virus makes people aware of the importance of the environment and the relationship between humans and the environment. One of the awareness is the transition from fossil energy to renewable energy. This article aims to explore the opportunities to develop renewable energy in Indonesia from an environmental law perspective and to reduce the obstacle in energy utilization to advancing renewable energy development.  To achieve the aims, the writer uses the doctrinal method. This research adopted a qualitative research method to conduct the research objectives of this study. This article describes the theories of environmental law that grow and develop from human relations. The environment has a vital role in encouraging human behaviour that supports a better normal life that is more harmonious with the environment.  The environmental phenomenon caused by the COVID-19 pandemic is triggering the transition from fossil energy to renewable energy, especially in Indonesia. The Indonesian government should ratify regulations related to renewable energy immediately to reduce the obstacles to renewable energy development, such as environmental problems.DOI: https://doi.org/10.22304/pjih.v10n3.a

The Effect of Extra Judicial Settlement in Criminal Cases Based on the Principle of Ultimum Remedium

The principle of ultimum remedium suggests that criminal sanctions should be used as a last resort when other legal avenues have been exhausted. The principle is not explicitly stated in the Indonesian Criminal Procedure Law and is often considered a mere slogan in practice.  Recently, there has been a growing trend of resolving minor criminal cases outside the formal judicial process. Instead of imposing criminal penalties, conciliation or restorative justice methods are being used. In this context, restorative justice involves reaching an agreement that resolves conflict between the offender and victim. Although not specifically regulated by the Criminal Procedure Law, there has been a shift in how criminal law enforcement views minor cases, allowing for reconciliation or peace agreements. The introduction of restorative justice mechanisms by law enforcement agencies has made the practice of reconciliation more flexible, moving away from its initially punitive nature. Additionally, including peace within restorative justice indirectly strengthens the ultimum remedium principle, ensuring that criminal sanctions are truly used as a last resort in certain minor cases.DOI: https://doi.org/10.22304/pjih.v10n3.a1

The European Union Charter of Fundamental Rights: Strengthening the Participation in the European Union

This study employed legal and political analysis to assess the significance of the European Union Charter of Fundamental Rights to strengthen the democratic legitimacy of the European Union. There is a lack of comprehensive analysis of the contribution of the European Union Charter of Fundamental Rights to enhance the democratic legitimacy of the European Union. Therefore, this study tried to address the gap by focusing on specific provisions of the Charter that are designed to promote participatory democracy and to foster a closer relationship between the citizens and the European Union. The study also explored the legal challenges and complexities surrounding the interpretation, application, and balance of fundamental rights in the European Union, especially considering recent verdicts of national constitutional courts and their implications for the role of the European Court of Justice. The study aims to identify potential benefits of the Charter, such as improving the relationship between the EU and its citizens and strengthening the European Union’s legal system and legitimacy by safeguarding citizens’ fundamental rights.DOI: https://doi.org/10.22304/pjih.v10n1.a2 

The Rule of Attribution for Peacekeepers Post-Dutch Supreme Court’s Rulings on Mothers of Srebrenica in 2019: A Discourse on Presumptive v. Preventive Interpretation

Peacekeeping operations have become an integral component of the United Nations in promoting global peace and security. Yet, as demands increase to hold peacekeepers accountable for their misdeeds, the legal principle of attribution within the framework of the law of responsibility remains ambiguous and difficult to define. Hence, this study aims to contribute to the discourse on the attribution of the Peacekeepers' conduct, especially on the presumptive v. preventive interpretation of Article 7 Draft Articles on Responsibility of International Organizations. Under the presumptive interpretation, the peacekeeper’s action is presumed to be attributed to the UN; however, attribution can be rebutted if Troop Contributing States (TCS) exercise control over the peacekeepers. In contrast, preventive interpretation argues that attribution must be determined by which entity, TCS or the UN, has the power to prevent the alleged conduct. This study analyzed how the Dutch Supreme Court’s rulings in 2019 approached the question of attribution toward the Dutch Battalion during the mission of UNPROFOR. The Supreme Court found that the action of the Dutch Battalion was attributable to the Netherlands since the Netherlands fulfills the elements of effective control as governed under Article 8 ARSIWA. Moreover, the Supreme Court rejected the preventive interpretation earlier endorsed in the Nuhanovic case. This study employed a normative juridical approach. This study argues that the Court’s rulings on presumptive interpretation are aligned with the practices of the UN’s peacekeepers and the intended purpose of Article 7 DARIO, which emphasizes attribution on factual consideration.DOI: https://doi.org/10.22304/pjih.v10n2.a

The Opportunities for Surrogacy Legalization Between the Right to Have Children and A Loophole of Trafficking

The phenomenon of producing surrogate mother facilities has been recognized in some countries, although Indonesia indirectly prohibits the practice. The practice is also feared to be a new form of human trafficking. Therefore, this study aims to evaluate the opportunities for surrogacy legalization regarding its perspectives between human rights and the loophole of trafficking. In this study, three problems were formulated: (1) the legal status of children born from a surrogate mother; (2) the legality of a surrogate mother in Indonesian law; and (3) the opportunities for surrogacy legalization in legal reform. This study is a normative juridical study that examines the differences in legal systems in various countries regarding the regulation of surrogacy. The children delivered through surrogacy were the legal offspring of surrogate mothers. They were also likely to have a legal relationship with their biological parents as adopted children. Asides from these legal statuses, Indonesian law did not support the validity of the uterine lease agreement. This was due to its inseparability from the influence of religious and cultural values, which opposed the existence of surrogacy. Women and children have the potential to become victims of exploitation, even though the practice of surrogate motherhood is very harmful to their health. The practice subsequently prioritized the opportunity to become a new form of human trafficking. Various international legal instruments that exist can be used as a reference to prohibit the existence of surrogate mothers.DOI: https://doi.org/10.22304/pjih.v10n2.a

Theoretical Reconstruction of the ’Existence of the Indonesian Corruption Eradication Commission and Its Comparison to Other Anti-Corruption Agencies in Asia

Article 3 of the Indonesian Law Number 19 of 2019 stipulates that the Corruption Eradication Commission is a state institution within the executive power branch, which in carrying out its duties and authorities is independent and free from the influence of any power. The basic arrangement is not without problems, considering the institutional design of the Corruption Eradication Commission was initially stated in the Law Number 30 of 2002 “…a state institution, which in carrying out its duties and authorities is independent…,” becomes “…state institutions within the executive power branch….” The stipulation in Article 3, also the basic article of the law was confirmed by the Constitutional Court in Verdict Number 70/PUU-XVII/2019. This study aims to answer problems of theoretical construction of the commission after the Constitutional Court Verdict Number 70/PUU-XVII/2019. This study used the normative legal research method. The study concluded that, theoretically, there was a shift in the institutional design of the commission, from an independent agency to an independent executive organ, equivalent to the National Police and the Attorney General’s Office of Indonesia. The change is a setback in corruption eradication. Compared to other anti-corruption agencies in Asia, the institutional design is not an ideal condition or best practice. Therefore, legislators should restore the commission as an independent agency.DOI: https://doi.org/10.22304/pjih.v10n2.a

A Proposal to Adopt Concrete Judicial Review in Indonesian Constitutional Court: A Study on the German Federal Constitutional Court Experiences

The study aims to propose an adoption to concrete judicial review in Indonesian Constitutional Court based on the experiences of the German Federal Constitutional Court. It was motivated by the weak protection of citizen’s constitutional rights in ordinary court; and the absence of concrete judicial review authority at the Indonesian Constitutional Court. This study used doctrinal legal research method with legal documents or regulations, cases, and comparative analyses. This concrete review confirms the role of judges of ordinary courts in proceeding with the constitutional system, especially in protecting fundamental rights from the legislatures’ law violations based on Articles 93, 94, and 100 of the German Basic Law and the GFCC Act. The Indonesian Constitutional Court needs a concrete review authority in the future and the GFCC is the best judicial reference. There are several constitutional and legal arguments. Constitutional arguments and legal facts explain the necessity of the authority for the Indonesian Constitutional Court. Firstly, there are many cases faced by Indonesian Constitutional Court. Secondly, it can provide solutions for the dualism judicial review problem on conflicted decisions between the Constitutional Court and the Supreme Court. Thirdly, it can strengthen the role of judges in the Supreme Court (general, religious, military, and administrative courts) to generate the obligation to uphold the 1945 Constitution. The proposal through the amendment of the 1945 Constitution is an ideal way to create legal certainty and to strengthen institutions for the protection of fundamental rights in Indonesia.DOI: https://doi.org/10.22304/pjih.v10n2.a

The Renewal Policy of the Adultery Concept in Article 411 of the Law Number 1 of 2023 on the Indonesian Criminal Code

At present, Indonesia needs to update the Indonesian Criminal Code to replace the Dutch Colonial Criminal Code that still exists. The jurists, especially criminal law experts, have been involved in a lengthy debate on overhauling, reformulating, revising, and even reforming the Criminal Code to align with Indonesian values. This study aims to determine the foundation of the policy to expand the concept of adultery and the values protected by the expansion contained in Article 411 of Law Number 1 of 2023 on the Criminal Code. This study was a descriptive study that used a normative juridical approach. The data collection techniques employed secondary data with a study of documents. The data were analyzed with qualitative methods. The result shows that the foundation of the expansion policy is the perspective of criminal policy. The formulation of the adultery offense in Article 284 of the Criminal Code is a problematic policy because it is not in accordance with the values of the Indonesian people. The formulation of the article only convicts the offenders who are committed in marriage. The provision does not require punishment to unmarried convicts. The arrangements for adultery offenses that are still in effect today are not based on a view of life. They do not reflect the social structure of the Indonesian people with the characteristics of kinship, groups, and beliefs. On the other hand, Article 411 of Law Number 1 of 2023 on the Criminal Code expands the concept of adultery to protect the religious and moral values closely related to Pancasila.DOI: https://doi.org/10.22304/pjih.v10n1.a

A Comparison Between Indonesian and Malaysian Anti-Corruption Laws

Corruption is quite a complicated problem. It has made many countries, including Indonesia, to ratify the United Nations Convention Against Corruption (UNCAC). It is an effort to prevent and to eradicate corruption with international cooperation. Unfortunately, several studies have revealed that Indonesia is experiencing a legal vacuum on corruption because Indonesia only adopts a few points of the United Nations Convention Against Corruption in written regulations. The legal vacuum causes difficulties in the resolution of corruption cases. Compared to other countries, the Indonesia Corruption Perceptions Index is still quite high. It leads to some questions that are addressed in this study. First, why does Indonesia not adopt all articles of the United Nations Convention Against Corruption? Second, how are corruption cases in Indonesia managed after the ratification? Third, how is the comparison of the law to the Malaysia law? To answer the questions, this study used a normative method. It employed the analysis of primary and secondary data assisted using the nVivo 12 application. The study revealed that Indonesia cannot ratify all articles because Indonesia needs some adjustments to meet the required proportions before the new laws are passed. After the ratification, Indonesia seems to have better regulations and adequate existing conditions. Lastly, laws or regulations in Malaysia are more dynamic than Indonesia.DOI: https://doi.org/10.22304/pjih.v10n2.a7

Dysfunctional Factors of Environmental Law on Strategic Lawsuit Against Public Participation and Developing Remedial Strategies Through Reconstruction Criminal Law System Model in Indonesia

The excessive criminalization of community and environmental enforcement activists has prolonged the problem of SLAPP (Strategic Lawsuits Against Public Participation) in Indonesia. This study explores the factors contributing to non-optimal protection for citizens and environmental law enforcement activists. It aims to develop an ideal model for formulating the criminal law system to address Indonesia's Strategic Lawsuit Against Public Participation (SLAPP). This study used a doctrinal juridical approach to analyze and identify the factors preventing environmental law from effectively providing legal protection to the community and activists advocating for a good, healthy, and safe environment or the occurrence of SLAPP. This research found that the new model should incorporate clear sentencing guidelines for law enforcement while addressing and reformulating conflicting legal instruments. The goal is to foster juridical harmonization, serving as a strategic approach to prevent SLAPP in the future.DOI: https://doi.org/10.22304/pjih.v10n3.a6