Pub Date : 2023-04-14DOI: 10.52217/lentera.v16i1.1101
Nugraheni Nugraheni
The aim research to implementation learning and result of kimia by method Problem Based Learning of students XII IPA 2 SMA Kristen 1 Metro. The method that research tes-non tes, observation, document, and interview. Research result of Kimia learn problem based learning. Pracycle, cycle I,cycle II,and cycle III to increase. Result pracycle flat 55,29%, cycle I 70%, cycle II 79,70%, and cycle III 78,64%. The finished learning pracycle 2,94, cycle I to 38,23%, cycle II 64,70%, and cycle III 100%.
{"title":"Penerapan Model Pembelajaran Problem Based Learning dengan Pemanfaatan Laboratorium sebagai Sumber Belajar untuk Meningkatkan Hasil Belajar Kimia Peserta Didik Kelas XII IPA 2 SMA Kristen 1 Metro","authors":"Nugraheni Nugraheni","doi":"10.52217/lentera.v16i1.1101","DOIUrl":"https://doi.org/10.52217/lentera.v16i1.1101","url":null,"abstract":"The aim research to implementation learning and result of kimia by method Problem Based Learning of students XII IPA 2 SMA Kristen 1 Metro. The method that research tes-non tes, observation, document, and interview. Research result of Kimia learn problem based learning. Pracycle, cycle I,cycle II,and cycle III to increase. Result pracycle flat 55,29%, cycle I 70%, cycle II 79,70%, and cycle III 78,64%. The finished learning pracycle 2,94, cycle I to 38,23%, cycle II 64,70%, and cycle III 100%.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135085982","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-31DOI: 10.19184/ejlh.v9i3.30546
G. Arundhati, Muhammad Bahrul Ulum, Gebrekiros Goytom Afera
The COVID-19 pandemic, a globally unprecedented disease outbreak, has alarmed all governments to reconsider the importance of disaster management policies at the domestic level. At the same time, handling transboundary disasters was another challenge faced by regional organizations such as the Association of Southeast Asian Nations (ASEAN). As a result of this pandemic, all member states tended to act more independently by closing their territories and isolating their citizens from cross-border migration. This paper aimed to examine ASEAN's existing measures to address the COVID-19 pandemic, following the importance of considering domestic policies taken by its member states to portray the possible action at the regional level. In practice, each ASEAN member state had various approaches, from strict lockdowns such as those implemented in Singapore to Indonesian policies that were far from being prepared. While COVID-19 is a non-natural disaster but has had a devastating impact on Southeast Asia, the future of regional integration is at stake. This paper showed that each member state's different social, economic, and political situations influenced the absence of early common practices at the domestic level to overcome this pandemic. Simultaneously, market stability in Southeast Asia was the key to regional development, whereas this pandemic harmed ASEAN's aim to meet economic integration. This paper suggested that ASEAN should establish guidelines regarding disaster management as experienced during the COVID-19 pandemic for member states' domestic policies to anticipate possible adverse episodes in the future that may hamper the integration progress.
{"title":"ASEAN Integration in the Context of Disaster Management","authors":"G. Arundhati, Muhammad Bahrul Ulum, Gebrekiros Goytom Afera","doi":"10.19184/ejlh.v9i3.30546","DOIUrl":"https://doi.org/10.19184/ejlh.v9i3.30546","url":null,"abstract":"The COVID-19 pandemic, a globally unprecedented disease outbreak, has alarmed all governments to reconsider the importance of disaster management policies at the domestic level. At the same time, handling transboundary disasters was another challenge faced by regional organizations such as the Association of Southeast Asian Nations (ASEAN). As a result of this pandemic, all member states tended to act more independently by closing their territories and isolating their citizens from cross-border migration. This paper aimed to examine ASEAN's existing measures to address the COVID-19 pandemic, following the importance of considering domestic policies taken by its member states to portray the possible action at the regional level. In practice, each ASEAN member state had various approaches, from strict lockdowns such as those implemented in Singapore to Indonesian policies that were far from being prepared. While COVID-19 is a non-natural disaster but has had a devastating impact on Southeast Asia, the future of regional integration is at stake. This paper showed that each member state's different social, economic, and political situations influenced the absence of early common practices at the domestic level to overcome this pandemic. Simultaneously, market stability in Southeast Asia was the key to regional development, whereas this pandemic harmed ASEAN's aim to meet economic integration. This paper suggested that ASEAN should establish guidelines regarding disaster management as experienced during the COVID-19 pandemic for member states' domestic policies to anticipate possible adverse episodes in the future that may hamper the integration progress.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46604196","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.19184/ejlh.v9i3.28631
Purnima Khanna
The movement for decriminalizing homosexual relations and the human rights of the LGBT community has gained momentum in the last decade. In India, various NGOs and LGBT society have fought a long battle demanding the decriminalization of homosexuality and declaring sexual orientation as part of the fundamental right to life under Article 21 of the Indian Constitution. This paper explored the Indian legislative framework dealing with transgender people. Furthermore, it extensively covered the landmark judgments delivered by the Indian judiciary on the subject matter and highlighted that these judgments had played an essential role in uplifting the cause and protecting the fundamental rights of transgenders. Using doctrinal research as its methodology, this study showed that the Indian Constitution essentially provides a fundamental right to equality under Article 14, whereas Articles 15 and 16 outline that no one shall be discriminated on the ground of sex. Also, the Indian judiciary had decriminalized Section 377 of the Indian Penal Code, considered as part of landmark judgments that recognize transgender people as a third gender. India also enacted the Transgender Protection Act 2019 to ensure the rights of transgenders. However, this Act failed to address the issue of forced sex-reassignment surgeries, which had been imposed upon transgender people against their consent. On the other hand, while transgenders are legally protected, gaining acceptance from society is another arduous task in which transgenders have struggled to realize an all-inclusive and non-judgmental environment towards persons with different sexual orientations.
{"title":"Constitutionalism and Human Rights: A Critical Analysis of the Rights of Transgender People in India","authors":"Purnima Khanna","doi":"10.19184/ejlh.v9i3.28631","DOIUrl":"https://doi.org/10.19184/ejlh.v9i3.28631","url":null,"abstract":"The movement for decriminalizing homosexual relations and the human rights of the LGBT community has gained momentum in the last decade. In India, various NGOs and LGBT society have fought a long battle demanding the decriminalization of homosexuality and declaring sexual orientation as part of the fundamental right to life under Article 21 of the Indian Constitution. This paper explored the Indian legislative framework dealing with transgender people. Furthermore, it extensively covered the landmark judgments delivered by the Indian judiciary on the subject matter and highlighted that these judgments had played an essential role in uplifting the cause and protecting the fundamental rights of transgenders. Using doctrinal research as its methodology, this study showed that the Indian Constitution essentially provides a fundamental right to equality under Article 14, whereas Articles 15 and 16 outline that no one shall be discriminated on the ground of sex. Also, the Indian judiciary had decriminalized Section 377 of the Indian Penal Code, considered as part of landmark judgments that recognize transgender people as a third gender. India also enacted the Transgender Protection Act 2019 to ensure the rights of transgenders. However, this Act failed to address the issue of forced sex-reassignment surgeries, which had been imposed upon transgender people against their consent. On the other hand, while transgenders are legally protected, gaining acceptance from society is another arduous task in which transgenders have struggled to realize an all-inclusive and non-judgmental environment towards persons with different sexual orientations.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67985581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.19184/ejlh.v9i3.32368
Yati Nurhayati, Mohd Zamre Mohd Zahir, Ifrani Ifrani, Parman Komarudin
In 2021, the Indonesian Constitutional Court decided conditionally unconstitutional in the review of the Job Creation Law. It was among a few decisions made by the Constitutional Court to accept a formal review, even if some dissenting opinions followed it. While the decision has largely influenced a wide array of regulatory laws because the Job Creation Law adopts the omnibus law model, the pivotal issue in this paper rests on the legal basis for investment in Indonesia after this decision. Firstly, it enquired whether the Constitutional Court exceeded its power for a procedural judicial review against the Job Creation Law. Second, it discussed the legal basis for investment in Indonesia after the Constitutional Court's Decision No. 91/PUU-XVIII/2020. Using normative research, the results showed that with the conditional unconstitutional decision, the Indonesian investment world would experience legal uncertainty for the next two years, especially new businesses, licensing, and investments with the enactment of the Job Creation Law. In particular, if the legislative branch failed to improve this law over two years, businesses, licensing, and investments in Indonesia might have no legal basis, resulting in the uncertain situation of the government’s desire to realize the friendly investment.
{"title":"Investment in Indonesia After Constitutional Court’s Decision in the Review of Job Creation Law","authors":"Yati Nurhayati, Mohd Zamre Mohd Zahir, Ifrani Ifrani, Parman Komarudin","doi":"10.19184/ejlh.v9i3.32368","DOIUrl":"https://doi.org/10.19184/ejlh.v9i3.32368","url":null,"abstract":"In 2021, the Indonesian Constitutional Court decided conditionally unconstitutional in the review of the Job Creation Law. It was among a few decisions made by the Constitutional Court to accept a formal review, even if some dissenting opinions followed it. While the decision has largely influenced a wide array of regulatory laws because the Job Creation Law adopts the omnibus law model, the pivotal issue in this paper rests on the legal basis for investment in Indonesia after this decision. Firstly, it enquired whether the Constitutional Court exceeded its power for a procedural judicial review against the Job Creation Law. Second, it discussed the legal basis for investment in Indonesia after the Constitutional Court's Decision No. 91/PUU-XVIII/2020. Using normative research, the results showed that with the conditional unconstitutional decision, the Indonesian investment world would experience legal uncertainty for the next two years, especially new businesses, licensing, and investments with the enactment of the Job Creation Law. In particular, if the legislative branch failed to improve this law over two years, businesses, licensing, and investments in Indonesia might have no legal basis, resulting in the uncertain situation of the government’s desire to realize the friendly investment.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43806163","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-30DOI: 10.19184/ejlh.v9i3.28418
Babayo Sule, U. Sambo
Nigeria is composed of plural and multi-complex societies with multiple ethnic groups of up to 500 cultural diversities. This country surmounts the obstacles of managing diversity through an informal setting popularly identified as a zoning formula and power sharing among the federating units. The pattern and trend in which the practice maintains Nigeria's diversity is a good lesson for a study of plural societies and consociationalism. The study aimed to examine the nature and dimension of zoning formula and power sharing in Nigeria and analyze how the strategies of zoning formula and power sharing helped manage diversity in Nigeria. The study was identified as a descriptive qualitative method that sought to describe Nigeria's strategy for managing diversity. The study uncovered that power sharing and zoning consist of constitutional and unconstitutional ones, with the former supported by legal provisions. Simultaneously, the latter is designed based on principles and gentleman agreements. The study recommended that constitutional provisions should never be sacrificed on the altar of the personal elite agreement. Instead, sharing power through zoning should be retained to prevent suicide for credibility and competency. It is a plausible shock absorber that will continue to sustain Nigerian federalism, and other plural societies can borrow this model as a political means of resolving diversities.
{"title":"Power Sharing and Zoning Formula for Managing Nigeria's Diversity: A Case of the Fourth Republic","authors":"Babayo Sule, U. Sambo","doi":"10.19184/ejlh.v9i3.28418","DOIUrl":"https://doi.org/10.19184/ejlh.v9i3.28418","url":null,"abstract":"Nigeria is composed of plural and multi-complex societies with multiple ethnic groups of up to 500 cultural diversities. This country surmounts the obstacles of managing diversity through an informal setting popularly identified as a zoning formula and power sharing among the federating units. The pattern and trend in which the practice maintains Nigeria's diversity is a good lesson for a study of plural societies and consociationalism. The study aimed to examine the nature and dimension of zoning formula and power sharing in Nigeria and analyze how the strategies of zoning formula and power sharing helped manage diversity in Nigeria. The study was identified as a descriptive qualitative method that sought to describe Nigeria's strategy for managing diversity. The study uncovered that power sharing and zoning consist of constitutional and unconstitutional ones, with the former supported by legal provisions. Simultaneously, the latter is designed based on principles and gentleman agreements. The study recommended that constitutional provisions should never be sacrificed on the altar of the personal elite agreement. Instead, sharing power through zoning should be retained to prevent suicide for credibility and competency. It is a plausible shock absorber that will continue to sustain Nigerian federalism, and other plural societies can borrow this model as a political means of resolving diversities.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46941594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-06DOI: 10.19184/ejlh.v9i2.31125
Ahan Gadkari
Around two decades ago, legal anthropologist Merry posed the question, "what can we learn about law and globalization today from revisiting the law and colonization literature?" She emphasized how colonial arrangements transformed and affected the fundamental character of contemporary and international law. While peacebuilders, development experts, and human rights activists embrace law as a tool for social change, others have looked back on the history of legal development in the Global South to warn that the rule of law served as a framework for social control. It preserved authority and punished rebellious acts that threatened order while promoting development and social progress. As a result of this reminder, the critical peacebuilding literature has begun to pay attention to how the rule of law and transitional justice frameworks may serve as conceptual, lexical, and discursive foundations for post/neo-colonial control. This article used a historical, empirical, and comparative study of post-war Sierra Leone and Liberia to argue that the transplantation of legal norms and technologies has become more professionalized. In contrast, international efforts to rebuild the rule of law have reinforced social domination by legitimizing external actors as peacebuilders and reconstituting the relationship between the domestic political class and global capital. Social domination refers to the attempt to build an unequal playing field, wherein the country's political and economic elites can leverage and reproduce earlier forms of power relations and domination to consolidate their security within the state apparatus and benefit disproportionately from the security created by a large external presence.
{"title":"Peacebuilding as a New Form of Colonialism: A Case Study of Liberia and Sierra Leone","authors":"Ahan Gadkari","doi":"10.19184/ejlh.v9i2.31125","DOIUrl":"https://doi.org/10.19184/ejlh.v9i2.31125","url":null,"abstract":"Around two decades ago, legal anthropologist Merry posed the question, \"what can we learn about law and globalization today from revisiting the law and colonization literature?\" She emphasized how colonial arrangements transformed and affected the fundamental character of contemporary and international law. While peacebuilders, development experts, and human rights activists embrace law as a tool for social change, others have looked back on the history of legal development in the Global South to warn that the rule of law served as a framework for social control. It preserved authority and punished rebellious acts that threatened order while promoting development and social progress. As a result of this reminder, the critical peacebuilding literature has begun to pay attention to how the rule of law and transitional justice frameworks may serve as conceptual, lexical, and discursive foundations for post/neo-colonial control. This article used a historical, empirical, and comparative study of post-war Sierra Leone and Liberia to argue that the transplantation of legal norms and technologies has become more professionalized. In contrast, international efforts to rebuild the rule of law have reinforced social domination by legitimizing external actors as peacebuilders and reconstituting the relationship between the domestic political class and global capital. Social domination refers to the attempt to build an unequal playing field, wherein the country's political and economic elites can leverage and reproduce earlier forms of power relations and domination to consolidate their security within the state apparatus and benefit disproportionately from the security created by a large external presence.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49211826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Citizenship Amendment Act 2019 and the National Register of Citizens in India are perceived as reflective of a religious classification in grant and continuance of Indian citizenship. The study aimed to discuss the future effects of the amended Citizenship Act 2019 and suggest alternatives to accommodate India's constitutional ethos. A considerable fraction of the Indian citizenry was discorded with this Act because Article 14 of the Indian Constitution prohibits discrimination based on religion, among other grounds. On the other hand, the state's stance asserted that the law aims to protect the persecuted religious minorities from other states. This study dealt with the nuances and intricacies of the problem to explicate viable solutions by an in-depth analysis of the issue in an unprejudiced manner where it used a combined doctrinal and empirical research to assess the perspectives on the policy in the Global South from the Indian experience. The findings reflected that while a majority of the provisions in the Act can be justified based on constitutional parameters, its few provisions are unconstitutional. In summary, even after juxtaposing all the justifications of the Act against the allegations, a considerable portion of the Act remains unconstitutional, and it needs to be revisited based on constitutional parameters.
{"title":"Revisiting India’s Amended Citizenship Act 2019 in Light of Constitutional Ethos","authors":"Shilpa Jain, Ankita Srivastava, Aditi Richa Tiwary","doi":"10.19184/ejlh.v9i2.28430","DOIUrl":"https://doi.org/10.19184/ejlh.v9i2.28430","url":null,"abstract":"The Citizenship Amendment Act 2019 and the National Register of Citizens in India are perceived as reflective of a religious classification in grant and continuance of Indian citizenship. The study aimed to discuss the future effects of the amended Citizenship Act 2019 and suggest alternatives to accommodate India's constitutional ethos. A considerable fraction of the Indian citizenry was discorded with this Act because Article 14 of the Indian Constitution prohibits discrimination based on religion, among other grounds. On the other hand, the state's stance asserted that the law aims to protect the persecuted religious minorities from other states. This study dealt with the nuances and intricacies of the problem to explicate viable solutions by an in-depth analysis of the issue in an unprejudiced manner where it used a combined doctrinal and empirical research to assess the perspectives on the policy in the Global South from the Indian experience. The findings reflected that while a majority of the provisions in the Act can be justified based on constitutional parameters, its few provisions are unconstitutional. In summary, even after juxtaposing all the justifications of the Act against the allegations, a considerable portion of the Act remains unconstitutional, and it needs to be revisited based on constitutional parameters.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48097281","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-31DOI: 10.19184/ejlh.v9i2.30635
I. P. Widiatedja, Ni Gusti Ayu Dyah Satyawati, Mohammad Qadam Shah
It has been long recognized that public participation plays a vital role in dealing with spatial planning laws. However, mechanisms for the inclusion of public participation have been criticized worldwide for lacking the hallmarks of actual participation, as this trend has also occurred in Indonesia. This paper aimed to analyze the significance of public participation in Indonesia's spatial planning and whether the current Job Creation Law can solve the lack of public participation. There are no legal consequences or sanctions if the government fails to conduct public participation, while the Job Creation Law is regarded to encourage public participation by enabling the public to be actively involved in every stage of spatial planning. By employing normative research, this paper shows that the Job Creation Law reiterates the same flaws by neglecting the importance of legal consequences for not conducting public participation. The implementing regulation rests uncertainty that can reduce and discourage public participation. As the Job Creation Law was highly expected to cope with the issue, it cannot involve the public properly in spatial planning.
{"title":"Can the Job Creation Law Solve the Lack of Public Participation in Indonesia's Spatial Planning?","authors":"I. P. Widiatedja, Ni Gusti Ayu Dyah Satyawati, Mohammad Qadam Shah","doi":"10.19184/ejlh.v9i2.30635","DOIUrl":"https://doi.org/10.19184/ejlh.v9i2.30635","url":null,"abstract":"It has been long recognized that public participation plays a vital role in dealing with spatial planning laws. However, mechanisms for the inclusion of public participation have been criticized worldwide for lacking the hallmarks of actual participation, as this trend has also occurred in Indonesia. This paper aimed to analyze the significance of public participation in Indonesia's spatial planning and whether the current Job Creation Law can solve the lack of public participation. There are no legal consequences or sanctions if the government fails to conduct public participation, while the Job Creation Law is regarded to encourage public participation by enabling the public to be actively involved in every stage of spatial planning. By employing normative research, this paper shows that the Job Creation Law reiterates the same flaws by neglecting the importance of legal consequences for not conducting public participation. The implementing regulation rests uncertainty that can reduce and discourage public participation. As the Job Creation Law was highly expected to cope with the issue, it cannot involve the public properly in spatial planning.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49172324","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-31DOI: 10.19184/ejlh.v9i2.31200
A. Ibrahim Nur
The rise in global temperature indicates the impact of climate change, encouraging more countries to adapt and seek practical solutions. Several countries, including Indonesia, have begun to regulate electric vehicles because of the commitment to reduce carbon dioxide emissions. It simultaneously provides opportunities for developing electric vehicles to prevent more use of fossil fuels. This study aimed to discuss and explore Indonesia's trajectory to develop a legal framework for electromobility that started to be drafted in 2019. This framework has resulted in legal fissures because of the lack of regulations to promote electric vehicles against the environmental aspects, whereas it tends to focus on industrial development. Finally, this study discussed regulatory issues and predicted the future of Indonesia's electromobility legal development through the lens of sustainability. This study used normative legal research whose analysis inventoried and identified several laws and regulations on electromobility in Indonesia with particular criteria. This study showed that Indonesia's legal development of electromobility is being accomplished by autonomous and inconsistent delegated regulations with technical and non-technology aspects. Adopting a legal instrument through Presidential Regulation is insufficient to build an electromobility ecosystem that involves many sectors. In contrast, an imbalance in the regulatory framework, the three pillars of sustainability, and the economic dimension outweigh the social and environmental factors. Insofar, the regulations adopted prioritize the economic aspect, and the framework has impacted other industries, including mining and international trade, due to the need for nickel and manganese as raw materials for electric vehicle batteries.
{"title":"The Limits of Indonesia’s Legal Framework for Electromobility: Regulatory and Sustainable Issues","authors":"A. Ibrahim Nur","doi":"10.19184/ejlh.v9i2.31200","DOIUrl":"https://doi.org/10.19184/ejlh.v9i2.31200","url":null,"abstract":"The rise in global temperature indicates the impact of climate change, encouraging more countries to adapt and seek practical solutions. Several countries, including Indonesia, have begun to regulate electric vehicles because of the commitment to reduce carbon dioxide emissions. It simultaneously provides opportunities for developing electric vehicles to prevent more use of fossil fuels. This study aimed to discuss and explore Indonesia's trajectory to develop a legal framework for electromobility that started to be drafted in 2019. This framework has resulted in legal fissures because of the lack of regulations to promote electric vehicles against the environmental aspects, whereas it tends to focus on industrial development. Finally, this study discussed regulatory issues and predicted the future of Indonesia's electromobility legal development through the lens of sustainability. This study used normative legal research whose analysis inventoried and identified several laws and regulations on electromobility in Indonesia with particular criteria. This study showed that Indonesia's legal development of electromobility is being accomplished by autonomous and inconsistent delegated regulations with technical and non-technology aspects. Adopting a legal instrument through Presidential Regulation is insufficient to build an electromobility ecosystem that involves many sectors. In contrast, an imbalance in the regulatory framework, the three pillars of sustainability, and the economic dimension outweigh the social and environmental factors. Insofar, the regulations adopted prioritize the economic aspect, and the framework has impacted other industries, including mining and international trade, due to the need for nickel and manganese as raw materials for electric vehicle batteries.","PeriodicalId":34644,"journal":{"name":"Lentera Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45491931","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-07-31DOI: 10.19184/ejlh.v9i2.30185
F. O. Ottoh
The political question doctrine has become one of the jurisprudential issues in a constitutional democracy, as the courts may not want to exercise judicial review to determine the constitutionality of the action of the other organs of government or a statute before it. As a legal instrument, judicial review has been used to expand or reduce the powers of the governments, but the courts decide to exercise this power discretionarily on the ground that it falls within the province of politics. This study aimed to analyze 'political question' and judicial attitude to political controversies in Nigeria by unraveling how the doctrine of political question has been applied in three main areas–impeachment proceedings, political parties' primary elections, and post-election matters. It also analyzed the judiciary's attitudes to political controversies and evaluated the implications of the political question doctrine to constitutionalism. The study argued that this attitude negates the principle of constitutionalism as it contends that the courts' deliberate avoidance of a political question is typical of the judiciary in Nigeria in most political controversies. Consequently, the courts abuse the issues of discretion and non-justiciable, so that it is imperative to unravel the intricacies of the political question doctrine by undertaking a comprehensive jurisprudential analysis by highlighting the most controversial aspects and how the court's attitude in political controversies undermines its commitment to constitutionalism. Furthermore, it contradicted checks and balances, fundamental human rights, and the rule of law. This study concluded that the doctrine of political question would be judiciously used by the court and not to avoid determining contentious political issues that may likely derail Nigeria's democratic process and stability.
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