Constitutional Law Society

PROBLEMS IN THE IMPLEMENTATION OF CARBON TAXES AS AN INSTRUMENT TO PROMOTE A SUSTAINABLE ECONOMY IN INDONESIA

Arya Anasta Adam Sutedjo — Mon, 29 Sep 2025 00:00:00 +0800

This study discusses the problems of implementing carbon tax as an instrument for reducing greenhouse gas emissions and promoting sustainable economy in Indonesia. The carbon tax, which is regulated in Law No. 7 of 2021 and Government Regulation No. 50 of 2022, aims to minimize carbon emissions from the electricity, transportation, and manufacturing industries. However, its implementation has significant socioeconomic impacts, including increased production costs, higher prices, and pressure on people's purchasing power, especially among the lower-middle class. A normative analysis was conducted using a statute approach, a conceptual approach, and a comparative approach by examining the practices of other countries, such as Sweden, which has successfully integrated carbon tax with fiscal incentives, and Australia, which has demonstrated the negative risks of carbon tax without social compensation. The results of the study show that the unilateral implementation of carbon taxes can threaten public welfare and economic stability, thus requiring an ideal mechanism based on the principles of sustainable economics. This mechanism includes providing fiscal incentives, developing renewable energy such as geothermal, biomass, and solar energy, and implementing transparent and effective carbon trading, including cap and trade and emission offset systems. With this strategy, carbon emissions can be reduced effectively without sacrificing economic growth and social welfare. These findings emphasize the need for inclusive, adaptive carbon tax policies that are integrated with economic incentives, clean technology, and multi-stakeholder participation as a model for sustainable environmental management.

An INTEGRATIVE MODEL FOR RESOLVING LAND TENURE CONFLICTS IN PROTECTED FOREST AREAS

Aulia Oktraizka Vivi Puspita Sari A.P, Rofi Wahanisa — Mon, 29 Sep 2025 00:00:00 +0800

Land tenure conflicts in protected forest areas are one of the most complex agrarian issues that remain unresolved to this day. This phenomenon occurs due to the imbalance between the state's legal claims through forestry policies and the socio-economic realities of communities that have long lived and worked on land within forest areas. One concrete case is found in the Protected Forest Area Register 45B Pekon Sukapura, West Lampung Regency. The community in this area faces legal uncertainty, criminalisation, and limited economic and social access due to the lack of legal recognition of their existence. This study aims to formulate an integrative conflict resolution model, taking into account the legal, social, and ecological dimensions in a holistic and contextual manner. This study uses a legal-sociological approach with descriptive-qualitative methods. Data was collected through in-depth interviews with the head of the land office, village chief, traditional leaders, and community members, as well as through document analysis of regulations, institutional reports, and academic studies. Analysis was conducted thematically, linking findings to Rawls' theory of social justice and Chambliss & Seidman's theory of how law works. The results of the study indicate that conflict resolution in the Register 45B area requires an integrative policy model, namely a model that combines the legalisation of community rights through TORA-based agrarian reform mechanisms, active community participation to achieve social justice, and efforts to maintain the ecological protection function of the area. This integrative model is expected to serve as an applicable policy framework for resolving agrarian conflicts in protected forest areas in a fair, sustainable, and inclusive manner.

IMPLEMENTATION OF TRAFFIC RULES FOR PEDESTRIANS IN BANDAR LAMPUNG CITY

Bawoni Rizki, Agustina Nurhayati, Erik Rahman Gumiri — Tue, 30 Sep 2025 00:00:00 +0800

This study analyzes the implementation of pedestrian traffic rules in Bandar Lampung City as regulated in Article 63 paragraph (1) of Local Regulation No. 10/2017 concerning Transportation. The focus lies on the use of pelican crossings, a pedestrian facility with traffic lights designed to enhance safety and comfort. However, public unfamiliarity and limited enforcement have hindered its effectiveness. Using the perspective of Fiqh Siyasah Tanfidziyyah, this research examines how local government policies align with the principle of public benefit (maslahah ‘ammah), deliberation (shura), and obedience to authority (ulil amri). A qualitative field research design was applied, involving observations, interviews with the Department of Transportation officials and pedestrians, and document analysis. The findings reveal that although pelican crossings were initially installed, their operation and socialization have been inadequate, leading to low public awareness and poor compliance. The analysis shows that the lack of government efforts in education and enforcement contributes to the ineffective implementation of the regulation. This study contributes by linking legal implementation with Islamic political jurisprudence, offering insights into the integration of sharia principles in local governance. Practically, the research recommends enhanced socialization, accessible facility design, and inter-agency coordination to improve pedestrian safety.

FREE NUTRITIOUS SCHOOL MEAL PROGRAMS IN INDONESIA AND THE NETHERLANDS: A COMPARATIVE ANALYSIS OF LEGAL FOUNDATIONS AND CONSTITUTIONAL RIGHTS

Tue, 30 Sep 2025 00:00:00 +0800

This research aims to analyze the weaknesses, strengths, opportunities and risks of the Free Nutritious Food policy implementation in Indonesia and the Netherlands. In addition, the researcher also compares the findings with the experiences of a number of developed countries that have previously implemented similar policies, in order to assess the extent to which this policy can be adapted in Indonesia. The approach used in this research is normative legal research, which examines legislation, policy documents, and relevant academic literature as the basis for preparing legal arguments related to the feasibility and impact of the program. The focus of the analysis lies on the compatibility of the free lunch policy with the national legal framework, including the identification of the need for regulatory reform if necessary. Through this comparative study, the research also highlights institutional readiness and public support as crucial factors in ensuring the sustainability of the program. The results are expected to provide policy recommendations that are not only socially and economically contextualized, but also aligned with Indonesia's legal system and support the national development agenda.

PRESIDENTIAL SUCCESSION LAW IN CONSTITUTIONS OF ASIAN STATES

Febriansyah Ramadhan — Fri, 03 Oct 2025 00:00:00 +0800

Presidential succession law is a crucial constitutional instrument designed to ensure the continuity of government in the event of an unexpected vacancy in executive leadership (concurrent vacancy of the President and Vice President). Although such events are rare, their impact on political stability can be profound if not adequately anticipated within a constitutional framework. This article examines how South Korea and the Philippines have constructed their presidential succession laws. South Korea has experienced repeated executive vacancies, while the Philippines, despite sharing substantial similarities in governmental structure with Indonesia—both drawing significant inspiration from the United States Constitution—adopts a notably different succession framework. Using a doctrinal research method with a statutory and comparative constitutional approach, this study finds that both countries have established clear and multi-layered succession structures capable of preventing systemic disruptions even in crises such as presidential impeachments. By contrast, Indonesia’s succession design under Article 8(3) of the 1945 Constitution (UUD NRI 1945) reveals fundamental weaknesses, particularly in assigning collective authority to three ministers without a clear substitution mechanism, thereby exposing the state to the risk of a power vacuum. Nevertheless, the mechanism for electing a new President and Vice President through the People's Consultative Assembly (MPR) provides a pragmatic solution tailored to Indonesia’s complex geographical and political conditions. Based on these findings, the article advocates for a comprehensive reform of Indonesia’s executive succession framework through a concrete, operational, and adaptive institutional architecture to ensure that the machinery of government continues to function even under the most severe crises.

INDONESIA’S URGENCY IN ADOPTING GOVERNMENT REGULATION CONCERNING SMALLHOLDER-ENTERPRISE PARTNERSHIP

Oktavani Yenny, Putu George Matthew Simbolon — Tue, 30 Sep 2025 00:00:00 +0800

This research aims to provide a solution for the Indonesian Crude Palm Oil Smallholders so that they can play on the same level playing field and may acquire international market access. Such urgency exists since a conflict of interest exists between the Indonesian Ministry of Industry and the Ministry of Agriculture in efforts to regulate the KBLI 10431 sector regarding the CPO palm oil industry. In aiming for this purpose, this research is implementing the normative method through the implementation of Indonesian regulations related to industries, agriculture, and trades. This method is also implemented by applying the rules of international trade law. The article herein consists of two discussions involving Indonesia's domestic regulations and Indonesia's compliance with the World Trade Organization. The first discussion explains Indonesia’s necessity to adopt regulations that accommodate the interests of the ministries of industry, agriculture, and trade. The second discussion explains Indonesia's urgency to adopt the government regulation therein due to the urgency in responding to unilateral environmental acts imposed by developed countries. From these discussions, this article recommends that the Indonesian government adopt a government regulation that may reconcile the conflicting interests within its executive branches. The article herein also stresses the urgency of adopting such a regulation to minimize Indonesia's climate litigation in the WTO Dispute Settlement Body.

WOMEN'S FREEDOM OF EXPRESSION WITHIN THE FRAMEWORK OF DIGITAL CONSTITUTIONAL LAW

Siti Fatimah, Eko Nuriyatman, Nuruzzaman MS — Tue, 30 Sep 2025 00:00:00 +0800

The digital transformation has reshaped the landscape of freedom of expression, creating new opportunities for participation while also exposing women to structural, normative, and cultural challenges. In Indonesia, although Article 28E of the 1945 Constitution guarantees these rights, the digital environment remains unsafe due to weak legal safeguards, gender-blind regulations, and entrenched patriarchal norms. Online gender-based violence or OGBV, including cyber harassment, doxing, and non-consensual image distribution, continues to silence women, while the misuse of the Electronic Information and Transactions (ITE) Law has frequently criminalized victims instead of providing protection. This article employs a normative-conceptual and comparative legal approach to assess these gaps. Case studies, such as the criminalization of women under the ITE Law, reveal how existing frameworks fail to address gender-specific vulnerabilities. A comparative perspective with the European Union’s General Data Protection Regulation (GDPR) and Australia’s Online Safety Act 2021 highlights best practices for safeguarding women’s digital rights through strong data protection and proactive victim-centered mechanisms. The study argues for gender-responsive digital constitutional reform in Indonesia, including legal clarification, enhanced digital literacy, strengthened data protection, and progressive constitutional interpretation. Such reforms are essential to transform formal guarantees into substantive protections and ensure that women’s freedom of expression is meaningfully realized in a democratic digital society. This article offers a unique contribution by integrating Indonesian case studies of women’s criminalization under the ITE Law with comparative perspectives from the EU’s GDPR and Australia’s Online Safety Act. Unlike existing literature that remains largely descriptive, this study provides a prescriptive-analytical framework for gender-responsive digital constitutional reform. It bridges constitutional law, digital rights, and gender justice, presenting concrete pathways to transform formal guarantees into substantive protections for women’s freedom of expression.

ENVIRONMENTAL LAW AND SOCIAL JUSTICE IN ACHIEVING SDG 11: A STUDY OF BANDAR LAMPUNG CITY

Okta Ainita, Fritz Akhmad Nuzir, Muhammad Ardiansyah, Aulia Rahmawati — Tue, 30 Sep 2025 00:00:00 +0800

Sustainable urban development is the main agenda in Sustainable Development Goals (SDG) 11, which demands inclusive, safe, resilient, and sustainable cities. However, there is still a gap between normative environmental law regulations and practices in the field, especially related to the deficit of green open space, the existence of slums, and the lack of public participation. This study aims to analyze the integration of the Pancasila social justice principle into environmental law to strengthen the implementation of SDG 11, focusing on the City of Bandar Lampung as a case study. The research methodology used is normative and empirical legal research with qualitative-descriptive analysis techniques, through a study of laws and regulations and field data related to spatial planning, green open spaces, and slums. The results show that although Indonesia's legal framework guarantees the right to a good environment, implementation at the local level does not yet reflect the principles of social justice. This is reflected in the RTH deficit of only around 10% (national standard of 30%), the existence of slums ±60.01 ha in Panjang District, and 1,115 units of uninhabitable houses, which show spatial injustice and weak protection for marginalized groups. The results of the study can be concluded that the integration of Pancasila social justice values through collaborative governance based on multi-stakeholder partnership is an important strategy to strengthen the achievement of SDG 11. Theoretically, this study expands the study of environmental law based on social justice, while practically providing inclusive, participatory, and equitable policy recommendations for sustainable urban development in Indonesia.

IMPLICATIONS OH THE RELATIONSHIP BETWEEN THE CENTRAL GOVERNMENT AND LOCAL GOVERNMENTS AS A RESULT OF DISHARMONIZATION OF LOCAL REGULATIONS

Sarah Marella, Fahmi Ramadhan Firdaus — Tue, 07 Oct 2025 00:00:00 +0800

Disharminization in local regulations occurs as a result of the phenomenon of over-regulation in Indonesia, which is growing increasingly prevalent. Findings in several regional regulations in Indonesia indicate that disharmony has a significant impact on the implementation of policies that directly affect the community. This issue of disharmony then has implications for the relationship between the central government and local governments as the authorities responsible for formulating and supervising local regulations. The central government is the main authority that controls the administration of the state throughout the territory, while local governments, acting in the name of regional autonomy, are the force that administers matters within their authority. Using a normative juridical method with conceptual, legislative, and comparative research types, this study finds common ground in the problems faced in the relationship between the central government and local governments regarding the issue of disharmony in regional regulations. These problems include the position of regional regulations in the framework of legislative theory, which is then viewed in comparison with Japan in organizing its legislation and the relationship between the central and regional governments in supervising regional regulations.