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Showing 3 articles found for "Sovereignty"

CIVIL-MILITARY CORRIDOR RESILIENCE MODEL FOR INFRASTRUCTURE MANAGEMENT IN INDONESIA’S OUTERMOST BORDER ISLAND: EVIDENCE FROM MIANGAS ISLAND

G, Brantas Suharyo, Noonphakdee, Thamrongchai, Suksiengsri, Phongpincharn
Abstract: Infrastructure management in outermost border islands is not only a matter of physical development, but also a strategic issue related to sovereignty, community welfare, connectivity and national defence. This article examines… amines infrastructure management on Miangas Island, one of Indonesia’s northernmost outer islands bordering the Philippines. Although Miangas already has several basic and strategic infrastructures, including roads, an airport, a port, electricity facilities, clean water sources, telecommunications, health facilities and security infrastructure, these assets have not yet functioned as an integrated and reliable system. The main problem is therefore not the absence of infrastructure, but the gap between physical availability and functional performance. This study uses a qualitative descriptive-analytical approach based on field observation, semi-structured interviews and document review. Data were analysed using the Miles and Huberman model, supported by STEEP+M and SWOT analysis. The findings show that infrastructure management in Miangas is influenced by three main indicators: infrastructure availability and quality, connectivity and accessibility, and infrastructure sustainability. Internally, Miangas has strengths in its strategic geography, existing infrastructure assets, state institutional presence, social cohesion and strong national identity. However, these strengths are constrained by weak service quality, limited maintenance, unstable connectivity, a fragile local economy and inadequate maritime surveillance. Externally, Miangas benefits from national legal support, strategic policy status and Indonesia–Philippines cooperation, but faces threats from cross-border dependence, illegal fishing, border violations, environmental pressure and geopolitical sensitivity. The SWOT analysis places Miangas in the WO quadrant, meaning that external opportunities should first be used to overcome internal weaknesses. This article proposes the Civil-Military Corridor Resilience Model as an integrated framework that connects public services, logistics, energy, local markets, maritime security and territorial defence in one border resilience system.

PLATFORM-EMBEDDED ENFORCEMENT IN CRYPTOCURRENCY REGULATION: RETHINKING TAXATION AND ANTI-MONEY LAUNDERING IN INDONESIA’S CROSS-BORDER LEGAL CONTEXT

Muyassar, Asyam Shobir, Fitrijanto, Arief, Nurhidayah, Jessika
Abstract: The rapid growth of cryptocurrency transactions presents both opportunities for innovation and risks of cross-border financial crime, including tax evasion and money laundering, which challenge the effectiveness of traditional… tional regulation. This study aims to analyze the effectiveness of platform-based law enforcement particularly the implementation of the Travel Rule, CARF, and KYC in the Indonesian context. The research employs a qualitative multi-site case study method with data triangulation from international literature (FATF, OECD, IMF, Chainalysis, Cambridge) and national regulations (OJK, PPATK, DJP). The findings indicate that cryptocurrency platforms serve as key actors in detection and enforcement; however, their effectiveness is constrained by the sunrise problem, the migration of illicit activities into DeFi and OTC ecosystems, and legal sovereignty tensions arising from the dominance of global platforms. This study introduces the concept of Platform-Embedded Enforcement as a novel theoretical framework, integrating monitoring and enforcement mechanisms directly into platform architectures, thereby enabling compliance to be enforced automatically, in real time, and across jurisdictions. These findings contribute to the development of more adaptive, holistic, and effective cryptocurrency regulation in emerging markets.

Constitutionality Testing of Presidential Candidacy Thresholds in Elections Based on the Principle of Popular Sovereignty

Munir, Noenik Soekorini, Sri Astutik, Vieta Imelda Cornelis, Bachrul Amiq
Abstract: This study critically examines the constitutionality of Indonesia’s presidential candidacy threshold under Article 222 of Law No. 7 of 2017 in relation to the principle of popular sovereignty in Article 1(2) of the 1945… 5 Constitution. The threshold requiring a party or coalition to hold 20% of DPR seats or 25% of the popular vote has been controversial for limiting voter choice and reinforcing oligarchic dominance. Using a normative legal research method, the study applies doctrinal interpretation through grammatical, systematic, historical, and teleological approaches to evaluate whether the threshold is consistent with constitutional democracy. The analysis identifies a disconnect between the legislative rule and the constitutional concept of sovereignty residing with the people, informed by theories of democracy, sovereignty, and progressive legal thought. While procedurally legitimate, the threshold lacks substantive constitutional validity because of its exclusionary impact on political participation. The study proposes four reform options: repeal, proportional adjustment, judicial reinterpretation, and constitutional amendment. These reforms would realign electoral rules with democratic principles and restore voters’ political agency. A doctrinal reinterpretation model is offered, framing the threshold as a regulatory instrument rather than a rigid barrier, advocating a legal structure that promotes inclusivity and reflects the people’s general will.