Jurnal Analisis Hukum

Building Democracy From Upstream: The Internal Democratization of Political Parties in Indonesia

2026-02-03T02:23:50+00:00

Candidate recruitment is the point at which political parties decide who may later govern, yet Indonesian scholarship on electoral democracy has paid far more attention to the conduct of elections than to the closed internal processes that precede them. This article examines how Indonesian parties recruit and select candidates for the presidency, the vice-presidency, and the House of Representatives (DPR), and it proposes a recruitment design that is more democratic and inclusive. Using doctrinal legal research with statutory, conceptual, and comparative approaches, the article analyzes the 1945 Constitution, the Political Parties Law, the Elections Law, the statutes of the parliamentary parties of the 2024 election, and the documented record of recent nominations. It finds that recruitment remains centralized and opaque, that party elites dominate nomination decisions, that the law does not require cadre development for presidential nominations, and that candidacy buying persists. It argues that Constitutional Court Decision No. 62/PUU-XXII/2024, which abolished the presidential nomination threshold, shifts the burden of democratic quality onto parties themselves. The article contributes a two-track model: binding internal conventions for presidential tickets and tiered, decentralized deliberation with explicit eligibility criteria for DPR candidates, framed within the comparative literature on selectorate inclusiveness.

Asymmetric State Responses to Palestine and Ukraine: Selectivity in International Criminal Law Enforcement

2026-04-06T12:22:50+00:00

The International Criminal Court opened an investigation in Ukraine within days of Russia's 2022 invasion, while its Palestine file took six years to move from preliminary examination to investigation. Existing accounts tend to describe this gap as a managerial or procedural problem. This article asks what causes the asymmetry in state responses to the two situations and how it affects the credibility of the principle of universality in international criminal law. Using normative legal research with statutory, comparative, and conceptual approaches, it compares the legal procedures, resources, and official discourse surrounding both situations against the Rome Statute and the scholarship on selectivity and legitimacy. It finds that the Ukraine investigation accelerated through a referral by 43 States Parties and earmarked Western funding, whereas the Palestine investigation stalled under contested statehood, territorial jurisdiction, and great-power diplomatic pressure, reinforced by veto politics in the UN Security Council. It argues that these differences reflect a structural dependence of the Court on state cooperation and voluntary resources, which converts geopolitical alignment into prosecutorial priority. The article contributes a framework linking Cryer's account of selectivity with Franck's theory of legitimacy, and it proposes reforms to funding, case-selection transparency, and domestic universal jurisdiction.

Analyzing Regulations on Electronic Waste Management: A Comparative Study of Indonesia and the United States

2026-10-21T04:24:52+00:00

Indonesia generated an estimated 1.6 million tons of electronic waste in 2019, yet no Indonesian statute or regulation addresses e-waste as a distinct legal category, and most of it is handled by an informal sector that burns, dumps, or acid-leaches discarded devices. This article compares the legal frameworks and institutional structures through which Indonesia and the United States regulate e-waste, and it asks which elements of the American approach can be adapted to Indonesian conditions. Using normative juridical research with statutory, comparative, and conceptual approaches, it examines the Waste Management Law, the hazardous waste regulations and their implementing ministerial rules, the EPA's rule on cathode ray tubes (EPA-HQ-RCRA-2004-0012), and state-level extended producer responsibility (EPR). It finds that Indonesian provisions on e-waste are implicit and scattered across general waste and hazardous waste instruments, whereas the United States combines a federal hazardous waste rule with state EPR systems and EPA planning tools, albeit without full national uniformity. Drawing on EPR theory and on the comparative-law literature on legal transplants, the article proposes a dedicated e-waste regime built on a binding classification, producer take-back obligations, technical processing standards, and the legal recognition of informal collectors.

Between Formal Legality and Substantive Justice: Sentencing Children in Sexual Activity Cases under Aristotle's Justice

2026-05-11T06:34:53+00:00

Indonesian courts continue to imprison children in cases of sexual activity between adolescents, although the Juvenile Criminal Justice System treats deprivation of liberty as a last resort. This article examines how evidentiary proof, criminal liability, and sentencing were established in two Tebing Tinggi District Court rulings (Nos. 1/Pid.Sus-Anak/2023/PN Tbt and 5/Pid.Sus-Anak/2023/PN Tbt) and evaluates the sentences through Aristotle's theory of justice. Using normative legal research with statute and case approaches, it finds that both rulings meet the formal requirements of proof and liability, but that the courts built the decisive element of persuasion from the perpetrators' affectionate statements in an almost identical way, although the victim consented in the first case and explicitly refused in the second. Neither ruling explains why imprisonment was chosen over the alternatives available under Law Number 11 of 2012. Measured against Aristotle's distinction between general and particular justice, and against the principle of ordinal proportionality, both rulings conform to general justice but fail corrective justice, because they offer the victims no restoration, and distributive justice, because the case involving refusal received the shorter sentence. The article contributes a framework for reviewing juvenile sentencing reasons and recommends judicial guidance on the threshold of persuasion.

Lethal Autonomous Weapon Systems under IHL: Rethinking Human Control, Accountability, and Regulation

2026-09-05T05:32:32+00:00

Weapons that can select and engage targets without further human intervention unsettle a premise on which international humanitarian law (IHL) rests: that a human being makes, controls, and answers for each decision to use force. This article examines whether LAWS can comply with the principles of distinction, military necessity, proportionality, and humanity and with the requirements of accountability, and whether existing law suffices to govern them. Using doctrinal legal research with analytical and conceptual approaches, it analyzes Additional Protocol I, customary IHL, the Rome Statute, and the work of the Group of Governmental Experts under the Convention on Certain Conventional Weapons. It argues that autonomy as such is not the decisive legal threshold. Under controlled conditions, autonomous functions can improve targeting precision, but in dynamic environments they strain the qualitative judgements that distinction and proportionality require and open a gap in individual criminal responsibility that superior responsibility cannot close. The article proposes a legally binding instrument that grades prohibitions and restrictions according to a system's degree of autonomy, predictability, and operational context, anchored in a requirement of meaningful human control.

Development's Dark Side: Infrastructure Crime and Governance Risk in Indonesia's National Strategic Projects

2026-09-29T01:27:33+00:00

Indonesia created the legal category of National Strategic Projects (Proyek Strategis Nasional, PSN) to accelerate infrastructure, granting these projects simplified licensing, land acquisition, and procurement. Legal scholarship has examined these privileges mainly as questions of administrative efficiency or land rights, leaving their criminogenic effects largely unexamined. This article identifies the typology of infrastructure crime within PSN, analyzes the governance risks that produce it, and formulates legal and policy responses. Using normative juridical research with statutory, conceptual, and case approaches, it examines the PSN regulations and the regimes on procurement, land acquisition, regional government, spatial planning, environment, corruption, and money laundering, together with documented cases. It finds that PSN are exposed to project corruption, construction fraud, land grabbing, money laundering, and networked crime involving corporate and political actors, and that these crimes arise from structural governance failures: regulatory fragmentation, overlapping authority, weak ex ante oversight, over-centralization, and broad discretion justified by acceleration. It conceptualizes this pattern as development's dark side, in which the legal design that speeds projects also lowers the barriers to crime, and it proposes risk-based supervision, beneficial-ownership tracking, the follow-the-money approach, and stronger inter-agency coordination.

Reconstructing the Indonesian Environmental Law Paradigm: From Anthropocentric-Instrumental to Ecocentric-Teleological Based on Maqasid Shariah

2026-01-20T02:13:35+00:00

The dynamics of environmental governance in the perspective of theoretical contemporization indicate the need to reconstruct the paradigm of Indonesian environmental law from an anthropocentric-instrumental approach to an ecocentric-teleological one, integrated within the framework of maqashid sharia. The anthropocentric paradigm that dominates Indonesia's environmental regulations has proven incapable of preventing ecological degradation because it treats nature merely as an instrumental object for human interests. Through normative research methods with a juridical-normative and philosophical approach, this paper offers a paradigmatic reconstruction through three pathways: (1) the adoption of ecocentrism as the ethical-philosophical basis of environmental law; (2) the integration of hifz al-bi'ah (environmental preservation) as a component of dharuriyyat within the maqashid sharia framework; and (3) the development of a progressive environmental law discovery (rechtsvinding) methodology based on the principle of in dubio pro natura. This article concludes that the convergence between ecocentrism and the maqashid of Sharia can provide a solid ethical-teleological foundation for reconstructing Indonesian environmental law with ecological justice.

Rethinking Comparative Constitutionalism: Günter Frankenberg’s Critical Approach and the Methodology of Comparative Law in Indonesia

2026-04-17T06:46:40+00:00

Comparative analysis has become an important tool in Indonesian constitutional law scholarship, yet its use is not always accompanied by methodological reflection on what is being compared, why a particular jurisdiction is selected, and how constitutional ideas change when transferred into a different legal environment. This article examines these questions through Günter Frankenberg’s critical approach to comparative law, with particular attention to cognitive control, decontextualization, recontextualization, odd details, and his IKEA theory of constitutional transfer. This doctrinal legal research employs conceptual, intellectual-historical, and critical approaches to comparative legal scholarship and selected Indonesian legal studies that explicitly employ comparative methods. The article demonstrates that the central problem in comparative constitutional analysis does not lie in the use of foreign experiences itself, but in the tendency to treat foreign law as transferable material without sufficiently examining context, the position of the comparer, and the transformation of meaning that occurs through the process of transfer. Based on a reconstruction of Frankenberg’s scholarship, the article develops an operational framework that places reflexivity, jurisdictional selection, contextual analysis, identification of transformed meanings, and post-transfer evaluation at the centre of comparative inquiry. The framework is not presented as a direct reproduction of Frankenberg’s methodology, but as a methodological development adapted to the needs of constitutional law scholarship in Indonesia. The article argues that comparative constitutionalism should move beyond the search for similarities or best practices and instead function as a critical method for understanding differences, testing assumptions, and questioning the movement of constitutional ideas across legal contexts.