Constitutional Law Society

BLUE CRIME, HUMAN RIGHTS, AND CONSTITUTIONAL GOVERNANCE OF INDONESIAN FISHERIES

Enny Dwi Cahyani — 2026-09-20

Fisheries crime has moved beyond illegal harvesting and resource mismanagement to become a complex maritime governance problem in which illegal, unreported and unregulated fishing may intersect with forced labour, human trafficking, violence, document fraud, corruption and transnational criminal networks. This article asks how fisheries crime should be reframed as blue crime and what constitutional and human rights obligations arise for Indonesia as an archipelagic state. Using normative legal research, the study analyses international maritime, labour and anti-trafficking instruments, the 1945 Constitution of the Republic of Indonesia, relevant Indonesian legislation and recent fisheries governance regulations, together with policy materials from international organisations. The analysis shows that existing governance remains fragmented across fisheries regulation, labour protection, migration law, criminal enforcement and human rights accountability. Such fragmentation produces legal invisibility, especially for migrant crews working far from ordinary inspection and complaint mechanisms. The article argues that Indonesia should integrate maritime surveillance, fisheries enforcement, labour inspection, victim identification and protection, port-state measures, data sharing, network accountability, supply-chain due diligence and international cooperation. It concludes that a human-rights-based maritime governance model can strengthen constitutional state responsibility by treating fisheries enforcement as an entry point for protecting both marine resources and human dignity. The principal limitation is that the study is doctrinal and conceptual rather than based on field interviews or empirical case data.

RECONSTRUCTING INDONESIA’S ANTI-CORRUPTION AUTHORITY THROUGH COLLABORATIVE GOVERNANCE

Igam Arya Wada — 2026-09-22

Law Number 19 of 2019 places the Corruption Eradication Commission within the executive branch while retaining its coordination and supervision duties under Article 6 letters b and d, operationalized through Articles 8 and 10 and strengthened by the takeover mechanism in Article 10A. The issue examined is not the de jure loss of these functions, but the absence of binding regulation requiring the Police, the Prosecutor’s Office, and the Corruption Eradication Commission to determine jurisdictional allocation before suspects are named. This article analyzes how ambiguity in post-amendment investigative authority creates space for institutional ego-centrism and how Collaborative Anti-Corruption Governance may restore institutional coherence. This doctrinal legal research uses statutory, conceptual, and case approaches to primary, secondary, and tertiary legal materials. Two suspect designations by the Attorney General’s Office and the National Police in July 2026 are used as real cases and analyzed normatively. The analysis shows that parallel investigative authority under the Criminal Procedure Code, the Corruption Eradication Commission Law, and other sectoral laws is not yet accompanied by rules allocating operational roles consequently, Article 50 of Law Number 30 of 2002 functions merely as a notification obligation. This article proposes a law-based power-sharing mechanism grounded in the Commission’s coordination and supervision functions through a mandatory joint case-title forum when corruption involves individuals from two or more law enforcement institutions, supported by decision-making rules, conflict-of-interest mitigation, and a rigid objection mechanism.

LIVING LAW AND GMO REGULATION: A COMPARATIVE STUDY OF INDONESIA AND THE EUROPEAN UNION

Rani Pajrin — 2026-09-22

Comparative research on genetically modified organisms (GMOs) in Indonesia and the European Union has concentrated on institutional design, risk assessment, and labelling, leaving largely unexamined how such regulation intersects with the living law of the customary and indigenous communities who are frequently the de facto custodians of the plant genetic resources on which biotechnology draws. This study addresses that gap by advancing a single central proposition: Indonesia's legal framework for genetic utilization cannot satisfy the classical juridical ideals of justice, legal certainty, and utility unless it is grounded in the living law (Ehrlich) and adat-law tradition (Van Vollenhoven, Ter Haar, Soepomo) that has long governed local genetic resources, and is aligned with the access and benefit-sharing (ABS) architecture of the Nagoya Protocol. Employing normative legal research with conceptual, comparative, and living-law approaches, the study compares the European Union's precautionary, risk-based biosafety regime under Directive 2001/18/EC with Indonesia's fragmented, product-based regulatory framework, and evaluates the doctrinal basis for recognizing customary and indigenous rights over genetic resources, namely the constitutional basis (Article 18B(2) of the 1945 Constitution), the jurisprudential basis (Constitutional Court Decision No. 35/PUU-X/2012), and the statutory basis (Article 77 of Law No. 11 of 2019). The analysis finds that Indonesian positive law recognizes such rights only implicitly and fragmentarily, and argues that consolidating this recognition, through enactment of the pending Draft Law on Adat Communities and domestic implementation of the Nagoya Protocol's prior-informed-consent and benefit-sharing mechanisms, is a necessary, rather than merely supplementary, condition for a just, certain, and beneficial GMO regulatory regime. The study recommends harmonized, transparent legislation supported by comprehensive risk assessment, mandatory labelling, and traceability, so as to reconcile scientific progress with the living law and socio-cultural realities of Indonesia's pluralistic society.

INTEGRATED ENVIRONMENTAL LAW POLICIES AND SPATIAL CONTROL FOR FLOOD MITIGATION

Refi Meidiantama — 2026-09-24

Flooding in Bandar Lampung City stems not only from natural factors but also from environmental crime and weak spatial utilization control. This study contributes originally by situating environmental crime policy and spatial control within a constitutional and administrative law framework, an angle not yet developed in existing flood-mitigation literature on the city. It analyzes environmental crime control and spatial utilization policies in flood mitigation and normatively examines their enforcement effectiveness, focusing on how penal and non-penal measures address environmental crime, spatial violations, and administrative violations, and how enforcement functions in spatial control. This normative legal research applies statutory and conceptual approaches, analyzing primary, secondary, and tertiary legal materials qualitatively. Results show penal measures apply criminal provisions in environmental and spatial planning law while adhering to the ultimum remedium principle under Article 613 of Law Number 1 of 2023 on the Criminal Code, treating criminal sanctions as a last resort applied only after administrative instruments prove ineffective, consistent with the state's constitutional duty under Article 28H(1) of the 1945 Constitution to guarantee every person's right to a good and healthy environment. Non-penal measures involve strengthening spatial planning policy, licensing supervision, conservation-area protection, environmental rehabilitation, and community participation. Applying Soerjono Soekanto's theory of law enforcement effectiveness, normative-documentary analysis finds enforcement of environmental crime and spatial control in Bandar Lampung City has not been optimal, with the law enforcement factor as the most problematic dimension, particularly due to persistent obstacles in monitoring and in consistently imposing sanctions against environmental and spatial utilization violations.

CONSTITUTIONAL FIDELITY IN NIGERIA'S 2025 TAX REFORM ACTS

Abubakar Muhammad jibril — 2026-09-29

This paper examines a constitutional controversy arising from Nigeria’s 2025 tax reforms, following reported discrepancies between versions of four tax reform Acts passed by the National Assembly and texts subsequently published in the Federal Gazette. It asks whether a material omission, insertion, or substitution occurring after legislative passage and presidential assent, without approval through the constitutionally prescribed legislative process, is compatible with Nigeria’s constitutional order and the legislative authority of the National Assembly. Using a doctrinal legal method, the study examines Sections 1, 4, 58, and 59 of the 1999 Constitution, the Acts Authentication Act, the four 2025 Tax Reform Acts, and relevant legislative and promulgation records. The analysis distinguishes between alterations occurring before assent, after assent but before gazettal, and after gazettal, while also differentiating substantive textual changes from clerical or typographical corrections. It argues that, if a material provision in a promulgated text is established to have been absent from the duly enacted and authenticated legislative text, that provision cannot derive legislative authority merely from its publication in the Gazette. Such an alteration may therefore be ultra vires and constitutionally invalid, subject to the applicable authentication rules and judicial determination of the appropriate remedy. The paper contributes to Nigerian constitutional scholarship by conceptualizing statutory fidelity as an essential component of procedural constitutionalism, linking legislative authority, constitutional supremacy, and textual integrity. It recommends stronger authentication procedures, verifiable electronic legislative records, institutional safeguards, and greater transparency in the transmission and promulgation of legislation.

SEAFARERS' RIGHTS AND FINALITY OF MARITIME COURT DECISIONS

Fathurrahim — 2026-09-29

This research examines the juridical consequences of the finality of Maritime Court decisions for seafarers' constitutional rights to justice and legal certainty, alongside an evaluation of oversight and protection mechanisms against administrative abuse. Indonesia's archipelagic character makes the maritime sector economically vital, yet seafarers face heightened legal vulnerability when maritime accidents occur, particularly because Maritime Court rulings are statutorily final and unappealable. The urgency stems from the tension between procedural efficiency and constitutional safeguards, compounded by the lack of adequate remedies for rights restoration. Employing a normative-juridical method with statutory and conceptual approaches, this study applies legal content analysis, systematic interpretation, and comparative examination of primary, secondary, and tertiary legal sources. The primary statutes scrutinized are Law No. 17 of 2008 on Shipping and Law No. 48 of 2009 on Judicial Power, alongside relevant implementing regulations. The precise legal finding reveals that the statutory finality properly understood as "final and binding" under Article 10(2) of Law No. 17/2008 effectively forecloses ordinary appeal mechanisms, thereby restricting seafarers' access to substantive justice and external judicial oversight. This closure increases the risk of authority misuse, as no hierarchical appellate remedy exists for factual or legal errors in Maritime Court adjudication. The study concludes that a reinterpretation of finality's normative scope, reinforced by external supervisory mechanisms, and improved legal literacy among seafarers are essential. The novelty lies in positioning seafarers' constitutional rights as the analytical core not a secondary byproduct of the finality discourse, offering a rights-based critique that challenges the prevailing efficiency-oriented justifications for procedural finality.

THE POSITION OF CRYPTO ASSETS AS CIVIL OBJECTS IN INDONESIA'S MONETARY SOVEREIGNTY

Hanif Mustika — 2026-09-29

This study aims to analyze the legal position of crypto assets as intangible movable property that cannot be consumed from the perspective of the Civil Code (KUHPerdata) and its implications for Indonesia's monetary sovereignty. This study uses normative legal research methods with a statutory approach and a conceptual approach. The analysis was carried out on the provisions of Article 499, Article 503, Article 504, and Article 505 of the Civil Code as well as laws and regulations related to crypto assets, currency, monetary policy, and payment systems. The results of the study show that crypto assets have the characteristics of intangible movable property that cannot be consumed because it has economic value, can be an object of control and transfer, and can give rise to civil rights and obligations. In the development of Indonesian regulations, the regulation and supervision of crypto asset trading is within the domain of the Financial Services Authority, while Bank Indonesia still has the authority to maintain the stability of the Rupiah, implement monetary policies, and regulate and maintain the smooth running of the payment system. Thus, the recognition of crypto assets as civil objects does not necessarily provide a status as a legal tender or monetary instrument. The existence of crypto assets still poses challenges to the effectiveness of monetary control and the use of the Rupiah when used outside the framework set by the state. Therefore, there is a need for regulatory harmonization that is able to provide certainty to the civil status of crypto assets while maintaining Indonesia's monetary sovereignty. In this context, the development of the Digital Rupiah needs to be placed as a policy project of Bank Indonesia that continues to be developed, not as an instrument that has been issued and circulated as a means of payment.

RESTRICTIONS ON HUMAN RIGHTS IN STATES OF EMERGENCY: A REVIEW OF CONSTITUTIONAL LAW

Ernia Duwi Saputri — 2026-10-01

A state of emergency raises constitutional concerns because the state requires extraordinary powers to address threats, while human rights must nevertheless be protected in accordance with the principles of the rule of law and constitutional democracy. This study aims to analyze the constitutional standards governing the limitation of human rights during a state of emergency and to reconstruct a human rights limitation model capable of balancing the effectiveness of state authority with the prevention of abuse of power. This study employs a normative legal research method (doctrinal research) using a statutory approach and a conceptual approach. The legal materials consist of primary, secondary, and tertiary legal sources, which are analyzed qualitatively using a prescriptive method and presented in a descriptive-analytical manner. The findings indicate that the limitation of human rights during a state of emergency has a constitutional basis in Article 12 and Article 28J of the 1945 Constitution of the Republic of Indonesia. Nevertheless, its implementation must continue to respect non-derogable rights as stipulated in Article 28I paragraph (1). The regulation of a state of emergency under Government Regulation in Lieu of Law (Perppu) No. 23 of 1959 still has several weaknesses, particularly regarding the broad parameters for determining an emergency, governmental discretion, human rights protection, and oversight mechanisms. Therefore, this study proposes a Constitutional Emergency Limitation Model, consisting of six fundamental principles: legality, legitimate purpose, necessity, proportionality, temporality, and judicial and democratic oversight. This model positions emergency powers as extraordinary powers that remain subject to constitutional constraints, are temporary and measurable, and are subject to effective oversight. This reconstruction is expected to strengthen human rights protection while ensuring that the state retains sufficient capacity to respond effectively to emergency situations.

REFORMING INDONESIA'S ELECTORAL SYSTEM FOR PRESIDENTIAL GOVERNABILITY

M Iwan Satriawan — 2026-10-01

This article examines which electoral design can best support presidential governability in Indonesia while reducing incentives for candidate-centred money politics. It uses normative legal research with statutory, case and conceptual approaches, analysing the 1945 Constitution, Law No. 7 of 2017 on General Elections, and Constitutional Court Decisions No. 22-24/PUU-VI/2008, No. 114/PUU-XX/2022 and No. 135/PUU-XXII/2024, complemented by effective-number-of-parties (ENPP) data for the 1999-2024 elections and the secondary literature. The article finds that, since the Court's 2008 ruling replaced the semi-open list with a purely open list applied from the 2009 election, intra-party competition has intensified while party-system fragmentation has persisted, leaving the President dependent on broad and loosely bound coalitions. It proposes a three-part design: closed-list proportional representation for the House of Representatives (HOR) and Regional People’s Representative Council (RPRC), accompanied by statutory safeguards on candidate nomination and campaign finance; separation of national elections (President and Vice President, HOR and Regional Representative Council (RRC)) from local elections (RPRC and regional heads), in line with Decision No. 135/PUU-XXII/2024; and a proportionality-tested parliamentary threshold for local councils. The article concludes that this design is constitutionally defensible and more likely to strengthen governability, but that it would relocate rather than automatically eliminate money politics unless candidate nomination is regulated. Its contribution is to tie these reforms into one constitutional design, tested against the Constitution and the Court's most recent jurisprudence.