JAPHTN-HAN

Immunity Clause in The 1945 Constitution of The Republic of Indonesia

2025-09-08T09:09:24+00:00

Indonesia is a country with a written constitution that contains various substantive provisions governing state structure, the distribution of power, human rights, and limitations on authority. Among these provisions are norms that grant immunity to certain state institutions, commonly referred to as immunity clauses. In the Indonesian constitutional context, immunity clauses are reflected in Article 7C and Article 20A paragraph (3) of the 1945 Constitution of the Republic of Indonesia. These provisions grant immunity to the House of Representatives (DPR), both institutionally and individually to its members. This raises an important constitutional question as to whether the existence of such immunity clauses is compatible with the principle of equality before the law. This study employs doctrinal legal research using statutory, conceptual, and historical approaches. The findings demonstrate that Article 7C constitutes a logical consequence of Indonesia’s presidential system, under which the President is constitutionally prohibited from dissolving the DPR. Furthermore, the immunity granted under Article 7C and Article 20A paragraph (3) does not contradict the principle of equality before the law, as such immunity is not absolute, remains subject to good faith, and does not preclude legal or ethical accountability for actions taken outside constitutional authority.

Implementation of Jurimetry in Determining Compensation in the Realm of State Administrative Court

2025-10-23T07:48:57+00:00

The development of legal technology encourages the presence of a quantitative approach in judicial practice, one of which is through jurimetry. In the context of the State Administrative Court (PTUN), the determination of compensation often faces challenges due to the lack of standard standards and the disparity of decisions. This study aims to analyze the implementation of jurimetry in determining the amount of compensation in the PTUN as an effort to realize legal certainty and measurable justice. The method used is socio-legal research. The results of the study show that the application of jurimetry can be an effective instrument in minimizing the subjectivity of judges through the use of a database of previous decisions and quantitative variables such as the value of material losses, non-material impacts, and the level of official errors. However, the implementation of jurimetry is still limited due to the limitations of data infrastructure and resistance to quantitative approaches in judicial practice. This study concludes that strengthening regulations and digitizing PTUN decision data is needed to support jurimetry as a more transparent and consistent compensation determination mechanism.

Carry Over Mechanism As An Efficient Legislative Instrument For Strategic Bills

2025-09-14T04:09:51+00:00

This study explores the carryover mechanism in the legislative process of the Indonesian House of Representatives. It discusses the carryover mechanism in the legislative process in the Indonesian House of Representatives as an instrument of efficiency that allows a bill to be discussed across different periods without starting over from the beginning. This mechanism is assessed as capable of overcoming legislative stagnation, which is a consequence of changing members of the DPR, as seen in the successful passage of the Criminal Code Bill and the TPKS Bill, both approved after experiencing the carryover mechanism. Carryover is present as an innovation in law aimed at solving classic legislative problems, such as many priority bills failing to be approved within one period due to limitations of time, political dynamics, and the complexity of discussions. From the perspective of efficiency, carryover can prevent waste of resources and strengthen the principle of value for money in public administration, while also ensuring legislative continuity across periods, as evidenced by the ratification of the Criminal Code Bill and the TPKS Bill. However, from the legitimacy perspective, this mechanism raises constitutional concerns because it can cause a legitimacy deficit when new members of the DPR continue discussions without proper validation, repetition, or public participation. An analysis using constitutional law shows that carryover can be viewed as legitimate if it is balanced with procedures that guarantee principles of political representation, transparency, and accountability. Meanwhile, a review through progressive legal theory confirms that law must adapt to societal needs and substantive justice, so carryover can only be effective if managed transparently, participatorily, and responsibly.

The Crossroad of Notary Organizations in Indonesia: Is There Any Government Guidance and Supervision?

2025-10-23T07:47:40+00:00

This study addresses the crossroads facing notary organizations in Indonesia and emphasizes the need for the government to anticipate this situation in order to preserve the role of notaries as public officials and holders of a noble legal profession, as well as their function as makers of authentic deeds. The study critically examines the extent of governmental decisiveness regarding the division of notary organizations, which has emerged as both a challenge and a potential opportunity, particularly in the debate between a single-bar and a multi-bar organizational model. This issue is significant given that notaries are public officials whose guidance and supervision are closely linked to the government through delegated authority exercised by the National Supervisory Council (Majelis Pengawas Notaris) and professional notary organizations. This research employs a normative juridical method, incorporating historical, conceptual, legislative, and comparative approaches, including comparisons with other professional legal organizations. The analysis is conducted through legal reasoning aimed at realizing the fundamental objectives of law, namely order, legal certainty, and societal welfare. The study finds that the division of notary organizations in Indonesia may generate both internal and external impacts. Internally, such division creates disharmony among notaries and undermines professional solidarity, thereby disrupting the effectiveness of routine supervisory mechanisms, including annual notarial examinations. Externally, organizational fragmentation risks producing deeper institutional divisions, as observed in other legal professions, which may weaken ethical enforcement mechanisms, erode adherence to the notarial code of ethics, and ultimately diminish the dignity of the notarial profession as a public office entrusted with public responsibility. This study concludes that maintaining a unified notary organization under a single-bar model is essential to safeguarding professional integrity, strengthening supervision, and enhancing the institutional credibility and public trust in the notarial profession in Indonesia.

The Imaginary Capital: Legal Uncertainty Surrounding Sofifi as North Maluku Center of Regional Government

2025-09-15T13:36:16+00:00

For more than twenty-five years since its establishment, the central government has been unable to resolve the fundamental issue concerning the designation of the capital of North Maluku Province. As a result, governance and regional development have remained stagnant due to persistent legal uncertainty surrounding the status of the provincial capital. This issue is particularly critical, as it constitutes a structural and systemic problem that continues to hinder effective administration in the region. This article seeks to examine the legal and institutional complexities involved in the proposed establishment of Sofifi as a new autonomous region and its designation as the capital of North Maluku Province, as well as to interpret the legal framework set out in Article 9 paragraph (1) of the Law on North Maluku Province. The study argues that, under the current legal framework, Sofifi does not meet the requirements to function as a provincial capital, and its ambiguous status generates significant legal uncertainty, particularly in the absence of a law formally establishing Sofifi City as a new autonomous region. Accordingly, a comprehensive re-evaluation of Sofifi’s current status is necessary. To address what has been described as the problem of an “imaginary capital,” this article proposes the designation of Tidore Islands City as the center of government or the provincial capital of North Maluku Province through the enactment of a Third Amendment to the Law on North Maluku Province.