Jurnal Wawasan Yuridika (Sekolah Tinggi Hukum Bandung)
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Governance Strategy for Free Nutritious Food Procurement: An Administrative Law Perspective
Full text linkThe Free Nutritious Food Program (MBG) is a strategic government policy to improve the quality of human resources; however, its procurement governance still raises juridical concerns that create discrepancies between das sollen and das sein. This study aims to analyze the governance of MBG procurement from the perspective of Administrative Law and to formulate procurement strategies in line with the principles of good governance. The research employs a normative juridical method with statute approach and case approaches, using primary legal materials such as Presidential Regulation No. 16 of 2018 and Presidential Regulation No. 83 of 2024, and is qualitatively analyzed. The findings reveal practices of large provider dominance, limited MSME access to the e-catalog, and weak oversight, which contradict the principles of legality, justice, and accountability. The novelty of this research lies in its assertion that MBG procurement is an administrative act (bestuursdaad) that must be examined within the framework of Administrative Law to ensure the program’s legitimacy, fairness, and sustainability
The Ineffectiveness of Criminal Sanctions in Corruption Cases of COVID-19 Handling Funds in Indonesia
Full text linkThis research examines the effectiveness of criminal consequences for corruption offences in COVID-19 handling funds in Indonesia. The research analyses laws and regulations related to disaster management and social assistance funds. The research reveals legal uncertainty due to normative tensions in the legal framework, such as the absence of the death penalty in Government Regulation in Lieu of Law (Perpu) No. 1 of 2020. This research is a descriptive, employing a normative legal research type that utilizes secondary data comprising primary, secondary, and tertiary legal sources. The approach adopted is a legislative approach, with data collection techniques conducted through a literature study. Subsequently, the collected data is analyzed qualitatively. The case study of former Minister of Social Affairs, Juliari Batubara, highlights shortcomings in law enforcement. The study suggests a constitutional review of laws for non-natural disasters to ensure efforts to combat corruption. Furthermore, it recommends the implementation of more robust regulatory mechanisms and stringent punitive measures to strengthen institutional integrity and preserve public trust in judicial processes
Alternatives to Imprisonment as an Effort to Overcome Overcrowding in Correctional Institutions
Full text linkThe high crime rate and overcapacity in correctional institutions underscore the necessity of examining the effectiveness of prison sentences and exploring fairer alternative sanctions. This research aims to analyze the effectiveness of prison sentences within the criminal justice system and identify ideal criminal sanctions to achieve justice. The study employs a normative juridical method with a descriptive approach. The findings reveal that prison sentences carry negative consequences, including stigmatization and challenges in social reintegration. To enhance the effectiveness of law enforcement and realize justice, the study recommends adopting restorative justice approaches, strengthening preventive measures, and integrating non-legal considerations into law enforcement. Thus, this research contributes to shaping criminal law policies that are not solely repressive but also preventive and rehabilitative. It advocates for the development of a legal system adaptable to the challenges of overcapacity in correctional institutions, promoting a balance between repression, prevention, and rehabilitation for a more equitable and sustainable justice framework
Judicial Review on Health Emergency Law: The Challenge to Judicial Independence of Indonesian Constitutional Court
Full text linkEmergency laws are often enacted by the President to address urgent situations and safeguard public welfare. Still, it risks fundamental rights and the rule of law without proper scrutiny. This research is addressed to analyse the tendency of judicial independence of the Constitutional Court in conducting a review over a Government Regulation in Lieu of Law (Perppu), especially based on Court Decision Number 138/PUU-VII/2009. This article is important because it addresses the critical issue of judicial independence in the context of emergency laws, which can have significant implications for fundamental rights and the rule of law. This research is a doctrinal research with focus on analyzing constitutional and statutory provisions, legal principles, case law and also comparative approach. Subsequently, data collection techniques were employed utilizing a document study, then analyze qualitatively. The findings of this research is that the enactment of emergency law turns into a double challenge for judges to decide the case, particularly when the judges are appointed by the President. Moreover, judicial review on emergency law shows the more tension between executive power and judicial oversight compared to judicial review of legislation. This helps deepen the understanding of how courts balance constitutional principles during emergencies and provides valuable insights for other jurisdictions facing similar challenges
Reconstructing Copyright-Based Fiduciary Security in the Digital Economy: An Indonesian Legal Perspective
Full text linkCopyright has been recognized as an object of fiduciary security under Law Number 42 of 1999, yet its implementation continues to face structural barriers. This study aims to identify and analyze the normative and administrative problems that hinder the imposition of fiduciary security over copyright, and to formulate regulatory and institutional reconstruction strategies necessary for enabling copyright to function effectively as collateral within the financing system. The research employs a normative legal specification with a descriptive–analytical design, applying both a statute approach and a conceptual approach. Data were collected through document study and literature review, and analyzed qualitatively by interpreting positive legal norms and administrative documents related to copyright-based fiduciary security. The findings reveal three principal obstacles: the absence of valuation standards, the lack of system integration between the Directorate General of Intellectual Property and the Directorate General of General Legal Administration, and the unavailability of technical protocols for intellectual property transactions. The study recommends strengthening valuation standards, integrating registration systems, and formulating implementing regulations as the basis for reconstructing the use of copyright as an object of fiduciary security. This research contributes theoretically by enriching the discourse on guarantees over intangible assets, practically by offering a regulatory and institutional framework for policymakers and financial institutions, and academically by addressing the gap that links legal norms, institutional capacity, and technical procedures in the imposition of copyright-based fiduciary security
Normative Gaps in Indonesia’s Capital Relocation: Constitutional Implications of State Function Transition to Nusantara
Full text linkThe relocation of Indonesia’s capital is a strategic constitutional decision with significant legal consequences. While Law Number 3 of 2022 formally designates Nusantara as the new capital, it fails to regulate the transition of core state functions. This research aims to identify the normative gaps in the law, focusing on the absence of two key indicators: a legally defined effective date of relocation and the formal transfer of executive, legislative, and judicial functions. This research specification is descriptive in nature and employs a normative legal method as type of research. The conceptual approach is applied to explore legal doctrines to provide a broader legal perspective, the research also employs a comparative approach. Data is collected through a literature review, and analyzed qualitatively through interpretive reasoning and legal argumentation to formulate normative conclusions relevant to the issues discussed. The lack of transitional provisions undermines legal certainty and the legitimacy of government actions taken in Nusantara. The article argues for an urgent reformulation of transitional instruments to restore coherence between political declarations and constitutional order
From Doctrine to Action: Islamic Law's Journey towards Social Change
Full text linkThis study reveals the journey of Islamic Law from doctrine to social action that brings change. Using a library research method through a comprehensive literature analysis, this study presents the complex challenges of translating Islamic law principles into concrete actions that expand social justice. The findings of this study identify that the gap between idealism and practice is often a major hurdle in implementing Islamic law. Islamic legal theory offers profound guidance on justice, ethics, and morality, emphasizing values such as social justice, general welfare, and protection of individual rights. However, its implementation often faces obstacles that obscure these noble goals. To achieve true social justice, implementing Islamic law must reflect these core values and not just be empty symbolism. It must be applied, embodying justice, benevolence, and the protection of human rights in everyday life
Dynamics of Problem of Asset Forfeiture of Corruption Proceeds and the Concept of Its Law Enforcement
Full text linkForfeiture of assets from corruption crime has not shown signifi cant results in termsof assets returned; in fact, the value of assets returned is smaller than state losses. Thisstudy aims to explain the dynamics of the problem of asset forfeiture due to corruptioncrimes and the concept of eff ective law enforcement to seize assets resulting fromcorruption. The specifi cation of the research is descriptive with normative juridicalresearch type, using a statutory and conceptual approach based on secondary datacollected by documentation study technique, and analyzed qualitatively withoutapplying formulas and numbers. The results of the study show that the state hasdiffi culty seizing assets resulting from corruption crimes since the assets placedabroad have been transferred to other parties and the restitution has not been paid.The concept of eff ective law enforcement is to track assets, apply restitution withouta subsidiary, which is preceded by blocking and forfeiting assets, and carry outexecutions through auctions, with the proceeds going to the state treasury
Precarious Struggle to Criminalize Radicalization and Terrorism Doctrine Actions
Full text linkRadicalism and terrorism are closely related as threats to peace and harmony, as bothare flawed manifestations of religious values and ideologies. The radicalization processcarried out by members of various terror organizations in Indonesia has not receivedmuch attention and hasn”™t been responded with concrete efforts to stop its spread asthe precursor to terrorism. The normative legal research method is used in this studyto analyze the positive elements and purposes of regulations related to the educationalsystem, free speech, and radicalism prevention in Indonesia. Findings of this studyillustrate the legal urgency in Indonesia to carry out normative construction regardingthe criminalization process of radicalization, as well as its limitations and obstacles,as part of the effort to prevent criminal acts of terrorism. As a point of prevention andresistance to the spread of radicalism and terrorism in Indonesia, this criminalizationprocess is juxtaposed with the existing education system
Sustainability of National Development Program During Transition of Leadership In Indonesia
Full text linkThe sustainability of national development programs in Indonesia is often hindered by leadership transitions, which create uncertainty in the implementation of long-term policies. This study aims to analyze the weaknesses of the existing legal framework, particularly Law No. 59 of 2024 concerning the National Long-Term Development Plan (RPJPN), in ensuring the continuity of development programs amidst political dynamics. A normative approach with qualitative juridical analysis was employed, examining relevant legislation and literature. The findings reveal that the current legal framework needs to be more robust to protect strategic programs from policy changes caused by government transitions. Additionally, the lack of flexibility within the legal instruments makes it difficult to adapt to political changes. This study recommends more responsive and adaptive legal reforms and enhances synergy between central and regional governments to ensure policy stability. These findings contribute to the theoretical development of development law and have practical implications for policymakers in Indonesia, particularly in designing a more robust and stable legal framework to support long-term development