Adil Ka'Talino: Jurnal Hukum dan Wacana Keadilan

The Interrelationship Between the Presidential Threshold and the Parliamentary Threshold in Indonesia’s Electoral System: Weighing the Balance Between Governmental Stability and Democratic Representation

2026-06-23T22:32:20+07:00

This study examines the interrelationship between the Presidential Threshold (PT) and the Parliamentary Threshold (ParT) within Indonesia's electoral system under Law Number 7 of 2017 on General Elections. Unlike previous studies that predominantly analyse these threshold mechanisms separately, this research investigates their interaction as an integrated institutional design. It evaluates their combined impact on the simplification of the political party system, democratic representation, and governmental stability. Employing a normative legal approach grounded in library research, the study analyses constitutional provisions, statutory regulations, judicial decisions, academic literature, and Sinta-indexed legal journals to assess the legal and political consequences of Indonesia's dual-threshold framework. The findings demonstrate that the interaction between PT and ParT has significantly influenced party coalition formation, presidential nomination, legislative representation, and the overall competitiveness of elections. While the dual-threshold mechanism helps reduce excessive party fragmentation and strengthen the effectiveness of the presidential system, it also limits political inclusiveness by restricting the participation of smaller parties and reducing the number of electoral alternatives available to voters. Consequently, political decision-making becomes concentrated among larger political parties, potentially affecting legislative representation, policy formulation, and the constitutional principle of equal political participation. The study further argues that Indonesia's electoral system cannot achieve effectiveness through threshold mechanisms alone but requires a comprehensive institutional design that balances party system simplification with democratic inclusiveness. It concludes that the current dual-threshold arrangement should be periodically re-evaluated to ensure proportionality between governmental stability, constitutional democracy, and fair political representation in accordance with the principles of Indonesia's constitutional order

Integration of Customary Law into the Criminal Procedure System through Transcendental-Based Restorative Justice: A Comparative Study of the Utilization of Local Wisdom Instruments

2026-06-23T22:24:31+07:00

The integration of Customary Law into the Criminal Procedure System through a Transcendental Approach to Restorative Justice represents a significant legal innovation. It offers a conceptual framework for addressing practical and sociological legal needs. The restorative justice mechanism provides a criminal justice process that is faster, more affordable, and more efficient in resolving criminal cases according to the nature and characteristics of the offense. This mechanism also creates opportunities for legal development by enabling the discovery of law through the manifestation of living law in the conduct of legislators, law enforcement officials, and society, which simultaneously functions as both the subject and the object of law. This paper focuses on a comparative analysis between the technical mechanisms of restorative justice and the characteristics of local wisdom embodied in customary law as a means of resolving community conflicts. Such a comparison is intended to strengthen the theoretical foundation of the sociology of criminal law while promoting a legal framework that is persuasive, responsive, expeditious, cost-effective, and efficient. Furthermore, this study aims to provide a conceptual and speculative framework that may serve as a stimulus for developing hypotheses and examining empirical realities concerning the integration of customary law into the criminal procedure subsystem through a transcendental approach to restorative justice in the resolution of community conflicts. This study employs a descriptive research design grounded in library research, with the collected data analyzed qualitatively.

Unlawful Acts by Local Governments in Urban Drainage Management: A Case Study of Waterlogging in Banjarmasin City

2026-06-26T15:24:34+07:00

The recurring phenomenon of waterlogging in Banjarmasin City reflects serious problems in urban drainage governance and the provision of public services by the local government. As a low-lying area characterized by high rainfall, tidal river fluctuations, and sedimentation, Banjarmasin frequently experiences waterlogging at numerous vulnerable locations. Empirical evidence indicates persistent deficiencies in drainage capacity, river siltation, blocked drainage channels, and the absence of a comprehensive and integrated management system. This study aims to examine whether these conditions may be legally classified as unlawful acts by the local government (onrechtmatige overheidsdaad) from the perspectives of administrative law and civil law, particularly in light of the elements outlined in Article 1365 of the Indonesian Civil Code. The research employs a normative legal method, drawing on statutory, conceptual, and case-based approaches, focusing on the waterlogging phenomenon in Banjarmasin. The findings indicate that the local government's negligence in maintaining, supervising, and optimizing the urban drainage system, which has resulted in losses to the community, may satisfy the legal elements of an unlawful act, particularly with respect to fault, damages, and causation. Although geographical conditions are a contributing factor, deficiencies in governance, delays in drainage normalization, and weak oversight of spatial planning reinforce the indication of the local government's legal responsibility. Accordingly, the recurring waterlogging in Banjarmasin is appropriately analyzed as a form of governmental negligence that may give rise to both legal liability and administrative accountability.

Towards a New Paradigm of Natural Resource Law in the Anthropocene: Reconstructing Ecological Justice and Public Welfare

2026-06-24T06:37:40+07:00

This study reconstructs the paradigm of natural resource law in the Anthropocene as a response to the escalating ecological crisis characterized by excessive resource exploitation, biodiversity loss, pollution, climate change, and increasingly centralized governance that often marginalizes local communities and weakens ecological justice. It is based on the premise that the prevailing extractive and anthropocentric paradigm of natural resource law is no longer capable of addressing the interconnected challenges of environmental sustainability, social equity, and public welfare. Employing normative juridical research with a qualitative doctrinal approach, the study analyzes natural resource law through an integrated framework comprising the Public Trust Doctrine, Sustainable Development, Entangled Legal Pluralism, the Common Heritage of Mankind principle, and the ethical values of Maqasid al-Shariah. The findings demonstrate that existing legal frameworks remain fragmented and predominantly oriented toward economic exploitation, resulting in weak ecological protection, limited recognition of indigenous legal systems, and inadequate safeguards for intergenerational justice. In response, this study proposes a new paradigm of natural resource law that systematically integrates these complementary legal perspectives into a coherent normative framework emphasizing environmental stewardship, collaborative governance, ecological justice, and sustainable resource management. The study concludes that reconstructing natural resource law requires a fundamental shift from an exploitative regulatory model toward an integrated governance paradigm that balances ecological integrity, public welfare, constitutional responsibility, and long-term sustainability for present and future generations.