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YUSUF ADIWIBOWO
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Lentera Hukum
Published by Universitas Jember
ISSN : 23554673     EISSN : 26213710     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
E-Journal Lentera Hukum merupakan sarana ilmiah bagi mahasiswa untuk menyalurkan pemikiran-pemikiran ilmiah di bidang ilmu hukum. Artikel yang dikirim belum pernah dipublikasikan atau tidak dalam proses penerbitan dalam berkala ilmiah lain. E-Journal Lentera Hukum terbit tiga kali dalam setahun yaitu April, Juli, dan Desember. Diterbitkan secara elektronik atas kerjasama Fakultas Hukum dan UPT Penerbitan Universitas Jember
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Articles 5 Documents
 1 
Search results for , issue "Vol 9 No 2 (2022): LENTERA HUKUM" : 5 Documents clear
Political Question Doctrine and Judicial Attitude to Political Controversies in Nigeria: Implications for Constitutionalism Ferdinand Okonicha Ottoh
Lentera Hukum Vol 9 No 2 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i2.30185

Abstract

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.
The Limits of Indonesia’s Legal Framework for Electromobility: Regulatory and Sustainable Issues Asrul Ibrahim Nur
Lentera Hukum Vol 9 No 2 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i2.31200

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.
Can the Job Creation Law Solve the Lack of Public Participation in Indonesia's Spatial Planning? I Gusti Ngurah Parikesit Widiatedja; Ni Gusti Ayu Dyah Satyawati; Mohammad Qadam Shah
Lentera Hukum Vol 9 No 2 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i2.30635

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.
Revisiting India’s Amended Citizenship Act 2019 in Light of Constitutional Ethos Shilpa Jain; Ankit Srivastava; Aditi Richa Tiwary
Lentera Hukum Vol 9 No 2 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i2.28430

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.
Peacebuilding as a New Form of Colonialism: A Case Study of Liberia and Sierra Leone Ahan Mohit Gadkari
Lentera Hukum Vol 9 No 2 (2022): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v9i2.31125

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.

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