Pub Date : 2022-12-21DOI: 10.15294/jils.v7i2.60862
I. Satriawan, F. S. Shuaib, Tanto Lailam, Rofi Aulia Rahman, Devi Seviyana
The purpose of the study is to evaluate the model of the appointment of Supreme Court justices in Indonesia and Malaysia and to find out a better model of judicial appointment in producing better quality justices. By using normative and empirical research, it concludes that first, the appointment of Supreme Court justices in Indonesia uses two methods namely career paths and professional paths (non-career paths). This system is built after political reform where one of the agendas is the reform of law enforcement. While the appointment of justices in Malaysia demonstrates the dominance of executive power in the decision to appoint justices who were finally appointed by the Yang Dipertuan Agong. Therefore, there is pressure to make the process of appointing justices more transparent to produce more credible and independent justices. In 2009, the Judicial Appointments Commission was established in Malaysia to ensure an unbiased selection of judicial candidates for the consideration of the Prime Minister. Second, the requirements for selecting Supreme Court justices in Indonesia are more detailed and longer process than in Malaysia because the process of selecting Supreme Court justices is done by the Judicial Commission and there is a confirmation hearings process in the House of Representatives. In fact, the selection process affects the independence, impartiality, and integrity of the Supreme Court justices. Although Malaysia does not have any judicially determining cases on the lack of integrity of Supreme Court Justices, there were allegations of impropriety.
{"title":"A Comparison of Appointment of Supreme Court Justices in Indonesia and Malaysia","authors":"I. Satriawan, F. S. Shuaib, Tanto Lailam, Rofi Aulia Rahman, Devi Seviyana","doi":"10.15294/jils.v7i2.60862","DOIUrl":"https://doi.org/10.15294/jils.v7i2.60862","url":null,"abstract":"The purpose of the study is to evaluate the model of the appointment of Supreme Court justices in Indonesia and Malaysia and to find out a better model of judicial appointment in producing better quality justices. By using normative and empirical research, it concludes that first, the appointment of Supreme Court justices in Indonesia uses two methods namely career paths and professional paths (non-career paths). This system is built after political reform where one of the agendas is the reform of law enforcement. While the appointment of justices in Malaysia demonstrates the dominance of executive power in the decision to appoint justices who were finally appointed by the Yang Dipertuan Agong. Therefore, there is pressure to make the process of appointing justices more transparent to produce more credible and independent justices. In 2009, the Judicial Appointments Commission was established in Malaysia to ensure an unbiased selection of judicial candidates for the consideration of the Prime Minister. Second, the requirements for selecting Supreme Court justices in Indonesia are more detailed and longer process than in Malaysia because the process of selecting Supreme Court justices is done by the Judicial Commission and there is a confirmation hearings process in the House of Representatives. In fact, the selection process affects the independence, impartiality, and integrity of the Supreme Court justices. Although Malaysia does not have any judicially determining cases on the lack of integrity of Supreme Court Justices, there were allegations of impropriety.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73925536","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 : 2022-12-21DOI: 10.15294/jils.v7i2.60166
Kadek Agus Sudiarawan, Alia Yofira Karunian, D. Mangku, Bagus Hermanto
Citizen lawsuit mechanism has been used several times in Indonesian court procedure, although there is no regulation in this matter. The aims of this study were to determine the characteristic of citizen lawsuit in Indonesia, and the expansion meaning of the state administrative decision after the enactment of government administration law, as well as the potential for citizen lawsuit as dispute object of the state administrative court with comparation with serval countries in order to provide an appropriate legal system of citizen lawsuit as ius constituendum. This article used normative legal research with a conceptual approach, legislative approach, and comparative approach. The results indicated that the characteristic of a citizen lawsuit in Indonesia is generally a citizen access to represent the public interest in condition that the state fails to fulfill the rights of its citizen, and the plaintiff does not need to describe the losses he has suffered directly. The expansion of the meaning of state administrative decision under the Government Administrative Law has resulted in the competence of court and the dispute object has been expanded, thus if the citizen lawsuit is viewed from the administrative dispute perspective, it should be included in the State Administrative Court object. However, due to the limited expansion of Article 87 of the Government Administration Law by the Administrative Court Law, both of which are still valid, the State Administrative Court is not authorized to examine and adjudicate citizen lawsuits. Based on comparative data, there are several weaknesses of the citizen lawsuit system such as the legal standing of the applicant/plaintiff which make several countries have changed the provisions of the regulation.
{"title":"Discourses on Citizen Lawsuit as Administrative Dispute Object: Government Administration Law vs. Administrative Court Law","authors":"Kadek Agus Sudiarawan, Alia Yofira Karunian, D. Mangku, Bagus Hermanto","doi":"10.15294/jils.v7i2.60166","DOIUrl":"https://doi.org/10.15294/jils.v7i2.60166","url":null,"abstract":"Citizen lawsuit mechanism has been used several times in Indonesian court procedure, although there is no regulation in this matter. The aims of this study were to determine the characteristic of citizen lawsuit in Indonesia, and the expansion meaning of the state administrative decision after the enactment of government administration law, as well as the potential for citizen lawsuit as dispute object of the state administrative court with comparation with serval countries in order to provide an appropriate legal system of citizen lawsuit as ius constituendum. This article used normative legal research with a conceptual approach, legislative approach, and comparative approach. The results indicated that the characteristic of a citizen lawsuit in Indonesia is generally a citizen access to represent the public interest in condition that the state fails to fulfill the rights of its citizen, and the plaintiff does not need to describe the losses he has suffered directly. The expansion of the meaning of state administrative decision under the Government Administrative Law has resulted in the competence of court and the dispute object has been expanded, thus if the citizen lawsuit is viewed from the administrative dispute perspective, it should be included in the State Administrative Court object. However, due to the limited expansion of Article 87 of the Government Administration Law by the Administrative Court Law, both of which are still valid, the State Administrative Court is not authorized to examine and adjudicate citizen lawsuits. Based on comparative data, there are several weaknesses of the citizen lawsuit system such as the legal standing of the applicant/plaintiff which make several countries have changed the provisions of the regulation.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"79 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91101687","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 : 2022-12-21DOI: 10.15294/jils.v7i2.58030
Hidayatulloh Hidayatulloh, Éva Erdős, Miklós Szabó
Natural wealth does not guarantee the welfare of its inhabitants. This case occurred in Papua, the easternmost region of Indonesia, which won the title of the poorest province from 2017 to 2021. Freeport McMoRan, an American mining corporation operating since 1967, failed to present a positive impact on the welfare of the Papuan people despite having dredged a lot of money from Grasberg, one of the largest reserves of gold and copper in the world. This paper reviews the portrait of abject poverty in Papua and analyzes its problems with the rights and justice approach. In conclusion, this paper finds that poverty for the Papuan people is very complicated because it is related to the historical roots of colonialism, capitalism, and armed conflicts. The special autonomy granted by the Indonesian government for twenty years has not been able to provide for people's welfare due to violent conflicts, human rights violations, natural destruction, and corruption. The Indonesian government is obliged to realize justice in the economic, political, and cultural dimensions for the welfare of the Papuan people.
{"title":"The Intricate Justice of Poverty: A Case of The Land of Gold in Papua Indonesia","authors":"Hidayatulloh Hidayatulloh, Éva Erdős, Miklós Szabó","doi":"10.15294/jils.v7i2.58030","DOIUrl":"https://doi.org/10.15294/jils.v7i2.58030","url":null,"abstract":"Natural wealth does not guarantee the welfare of its inhabitants. This case occurred in Papua, the easternmost region of Indonesia, which won the title of the poorest province from 2017 to 2021. Freeport McMoRan, an American mining corporation operating since 1967, failed to present a positive impact on the welfare of the Papuan people despite having dredged a lot of money from Grasberg, one of the largest reserves of gold and copper in the world. This paper reviews the portrait of abject poverty in Papua and analyzes its problems with the rights and justice approach. In conclusion, this paper finds that poverty for the Papuan people is very complicated because it is related to the historical roots of colonialism, capitalism, and armed conflicts. The special autonomy granted by the Indonesian government for twenty years has not been able to provide for people's welfare due to violent conflicts, human rights violations, natural destruction, and corruption. The Indonesian government is obliged to realize justice in the economic, political, and cultural dimensions for the welfare of the Papuan people.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"112 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85883848","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 : 2022-12-21DOI: 10.15294/jils.v7i2.57539
I. Handayani, Lego Karjoko, A. Jaelani, J. Barkhuizen
This study was prompted by the high rate of land tenure conflicts in forest areas. In the 2015-2020, a total of 10,000 conflicts were experienced in Indonesia, and a legal approach was used to conduct this normative study. Furthermore, the data collection was through literature and the legal norm method was used for analysis. The results showed that the government reduced the treatment of the conflict by establishing the Directorate of Customary Forest Tenure Conflict Management institutions and legal products of Presidential and Ministerial Regulations. However, the forest land tenure conflict was not resolved during the Joko Widodo administration and was increased by 50 percent from the previous administration of President Susilo Bambang Yudhoyono. Meanwhile, this conflict can be resolved through the role affirmation of State Administrative Law in determining forest areas with legal certainty and justice. The assertion was conducted by enforcing this law against licensing violations and building integrated conflict resolution in creating legal certainty and equity.
{"title":"The Politics Settlement of Land Tenure Conflicts During Jokowi’s Presidency","authors":"I. Handayani, Lego Karjoko, A. Jaelani, J. Barkhuizen","doi":"10.15294/jils.v7i2.57539","DOIUrl":"https://doi.org/10.15294/jils.v7i2.57539","url":null,"abstract":"This study was prompted by the high rate of land tenure conflicts in forest areas. In the 2015-2020, a total of 10,000 conflicts were experienced in Indonesia, and a legal approach was used to conduct this normative study. Furthermore, the data collection was through literature and the legal norm method was used for analysis. The results showed that the government reduced the treatment of the conflict by establishing the Directorate of Customary Forest Tenure Conflict Management institutions and legal products of Presidential and Ministerial Regulations. However, the forest land tenure conflict was not resolved during the Joko Widodo administration and was increased by 50 percent from the previous administration of President Susilo Bambang Yudhoyono. Meanwhile, this conflict can be resolved through the role affirmation of State Administrative Law in determining forest areas with legal certainty and justice. The assertion was conducted by enforcing this law against licensing violations and building integrated conflict resolution in creating legal certainty and equity.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"119 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89224282","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 : 2022-12-21DOI: 10.15294/jils.v7i2.59993
Dian Latifiani, Yusriyadi Yusriyadi, Agus Sarono, Ahmad Habib Al Fikry, Mohammad Nur Cholis
Legal protection for the community to obtain rights and recovery of the situation is one of them taken by settling civil cases through the courts. During the times and the adjustment of existing conditions, the Supreme Court issued a responsive and progressive law with the enactment of Supreme Court Regulation Number 1 of 2019 so that the public could obtain essential justice based on the principles of fast, simple, and low-cost justice. The aims of this study are: (i) knowing the legal culture in the implementation of e-court as a reflection of the problems of law enforcement; and (ii) reconstruction of legal culture regarding case administration and court proceedings electronically. The author uses empirical juridical research methods. The results of the study show: (i) e-court based court legal culture is not yet optimal. Village communities seeking justice (non-advocates) at the Religious Courts and District Courts of Semarang Regency tend to prefer conventional registration and trial over e-courts; and (ii) the reconstruction of the legal culture community is carried out using e-court socialization education to all advocates, providing educational media to non-advocates, and providing information about administration and trials electronically through notification letters to the district head .Through this, it will create a legal culture that supports the implementation of e-court so that fair law enforcement can be achieved.
{"title":"Reconstruction of E-Court Legal Culture in Civil Law Enforcement","authors":"Dian Latifiani, Yusriyadi Yusriyadi, Agus Sarono, Ahmad Habib Al Fikry, Mohammad Nur Cholis","doi":"10.15294/jils.v7i2.59993","DOIUrl":"https://doi.org/10.15294/jils.v7i2.59993","url":null,"abstract":"Legal protection for the community to obtain rights and recovery of the situation is one of them taken by settling civil cases through the courts. During the times and the adjustment of existing conditions, the Supreme Court issued a responsive and progressive law with the enactment of Supreme Court Regulation Number 1 of 2019 so that the public could obtain essential justice based on the principles of fast, simple, and low-cost justice. The aims of this study are: (i) knowing the legal culture in the implementation of e-court as a reflection of the problems of law enforcement; and (ii) reconstruction of legal culture regarding case administration and court proceedings electronically. The author uses empirical juridical research methods. The results of the study show: (i) e-court based court legal culture is not yet optimal. Village communities seeking justice (non-advocates) at the Religious Courts and District Courts of Semarang Regency tend to prefer conventional registration and trial over e-courts; and (ii) the reconstruction of the legal culture community is carried out using e-court socialization education to all advocates, providing educational media to non-advocates, and providing information about administration and trials electronically through notification letters to the district head .Through this, it will create a legal culture that supports the implementation of e-court so that fair law enforcement can be achieved.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81941642","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 : 2022-12-21DOI: 10.15294/jils.v7i2.56335
Muhammad Siddiq Armia, Zahlul Pasha Karim, Huwaida Tengku-Armia, Chairul Fahmi, Muhammad Syauqi Bin-Armia, Armiadi Musa
Distribution of power in Indonesian constitutional system not only occur amongst state organs but also within Indonesian judicial system. The Supreme Court and Constitutional Court share their power to review several regulations. The 1945 Constitution delivers power to review act against constitution for Constitutional Court and to review regulations below an act for the Supreme Court. However, this distribution of power is vulnerable to contradicting each other, with the possibility of having clash of judgment. There is no guarantee that the Supreme Court will fully obey the Constitutional Court judgment. So, the research question needs to be solved such as judicial Review pre-the Amendment of the 1945 Constitution process, and judicial Review Post the Amendment of the Constitution implement, that will be main points of research purposes. Furthermore, the main problem is the distribution power between Constitutional Court and Supreme Court, whether have distributed fairly or not. Another problem after amendment is about disagreement amongst judges. Before amendment, judges were forbidden to show their disagreement clearly in the verdict, but now allowed. This fact has led to public distrust. They have questioned the legitimacy of the verdict having disagreement, whether should be obeyed or be denied.
{"title":"Post Amendment of Judicial Review in Indonesia: Has Judicial Power Distributed Fairly?","authors":"Muhammad Siddiq Armia, Zahlul Pasha Karim, Huwaida Tengku-Armia, Chairul Fahmi, Muhammad Syauqi Bin-Armia, Armiadi Musa","doi":"10.15294/jils.v7i2.56335","DOIUrl":"https://doi.org/10.15294/jils.v7i2.56335","url":null,"abstract":"Distribution of power in Indonesian constitutional system not only occur amongst state organs but also within Indonesian judicial system. The Supreme Court and Constitutional Court share their power to review several regulations. The 1945 Constitution delivers power to review act against constitution for Constitutional Court and to review regulations below an act for the Supreme Court. However, this distribution of power is vulnerable to contradicting each other, with the possibility of having clash of judgment. There is no guarantee that the Supreme Court will fully obey the Constitutional Court judgment. So, the research question needs to be solved such as judicial Review pre-the Amendment of the 1945 Constitution process, and judicial Review Post the Amendment of the Constitution implement, that will be main points of research purposes. Furthermore, the main problem is the distribution power between Constitutional Court and Supreme Court, whether have distributed fairly or not. Another problem after amendment is about disagreement amongst judges. Before amendment, judges were forbidden to show their disagreement clearly in the verdict, but now allowed. This fact has led to public distrust. They have questioned the legitimacy of the verdict having disagreement, whether should be obeyed or be denied.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"113 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79410512","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 : 2022-12-21DOI: 10.15294/jils.v7i2.58666
Anugrah Muhtarom Pratama, U. Pati, Kukuh Tejomurti, M. Mohamad
This study aimed to analyse the authority that recently empowered the Indonesia Financial Services Authority (OJK) based on OJK Regulation Number 65/POJK.04/2020 in conjunction with OJK Circular 17/SEOJK.04/2021. OJK was empowered to pursue disgorgement in the Indonesian capital market as a new tool for protecting investors by analyzing changes in disgorgement enforcement practices in the US. This study used a doctrinal legal method with a comparative approach. The comparative approach was used to examine the possibility of strengthening disgorgement enforcement applicable to current Indonesian law on such practices in the US. Disgorgement in Indonesia is similar to the previous one in the US. The disgorgement authority in the Capital Market Act was not explicit because OJK still interpreted “written orders” such as “grant relief ancillary to an injunction” when disgorgement was first introduced by the SEC. This poses challenges in calculating the number of disgorgements that may be limited or canceled due to a lack of strong legal remedies when the violator does not pay the disgorgement. Considering practical experience in the US from Texas Gulfur Sulfur to Kokesh and Liu, disgorgement in Indonesia needs strengthening to maintain enforcement sustainability and avoid setbacks. Therefore, the strengthening should involve placing the disgorgement authority in the Capital Market Act, providing Standard Guidelines for the Calculation of Disgorgement Amounts and and establishing regulations on Procedures for Civil Lawsuits by OJK. The results are expected to be a reference for regulators and legislators to improve enforcement of the disgorgement regime in Indonesia.
{"title":"The Regulation of Disorgement in the Indonesia Capital Market: Remaining Concerns and Lessons from US","authors":"Anugrah Muhtarom Pratama, U. Pati, Kukuh Tejomurti, M. Mohamad","doi":"10.15294/jils.v7i2.58666","DOIUrl":"https://doi.org/10.15294/jils.v7i2.58666","url":null,"abstract":"This study aimed to analyse the authority that recently empowered the Indonesia Financial Services Authority (OJK) based on OJK Regulation Number 65/POJK.04/2020 in conjunction with OJK Circular 17/SEOJK.04/2021. OJK was empowered to pursue disgorgement in the Indonesian capital market as a new tool for protecting investors by analyzing changes in disgorgement enforcement practices in the US. This study used a doctrinal legal method with a comparative approach. The comparative approach was used to examine the possibility of strengthening disgorgement enforcement applicable to current Indonesian law on such practices in the US. Disgorgement in Indonesia is similar to the previous one in the US. The disgorgement authority in the Capital Market Act was not explicit because OJK still interpreted “written orders” such as “grant relief ancillary to an injunction” when disgorgement was first introduced by the SEC. This poses challenges in calculating the number of disgorgements that may be limited or canceled due to a lack of strong legal remedies when the violator does not pay the disgorgement. Considering practical experience in the US from Texas Gulfur Sulfur to Kokesh and Liu, disgorgement in Indonesia needs strengthening to maintain enforcement sustainability and avoid setbacks. Therefore, the strengthening should involve placing the disgorgement authority in the Capital Market Act, providing Standard Guidelines for the Calculation of Disgorgement Amounts and and establishing regulations on Procedures for Civil Lawsuits by OJK. The results are expected to be a reference for regulators and legislators to improve enforcement of the disgorgement regime in Indonesia.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"399 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80159881","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 : 2022-06-11DOI: 10.15294/jils.v7i1.52407
D. Mangku, N. Yuliartini, R. Ruslan, Seguito Monteiro, Dahlan Surat
The expansion of development brings many impacts, including in the discourse of indigenous peoples in the midst of tourism development. On the one hand, culture and indigenous peoples are the main pillars in the use of culture-based tourism such as in Bali, Indonesia, but on the other hand, tourism development raises questions about legal protection for indigenous peoples. This study aims to analyze and compare various laws and policies in tourism development in Bali (Indonesia) and Atauro (Timor Leste) and the position of indigenous peoples in the midst of various tourism policies. By comparing several related policies, this research found and confirmed that existing cultural arrangements were limited to the cultural identity of indigenous peoples and as a tourist attraction for Indonesia, but there are no regulations that give a definition of culture as an economic resource. In Timor Leste, Ecotourism management in Beloi Village is still far from the plan. The government as policy makers and facilitators impressed walk alone in terms of management tourist.
{"title":"The Position of Indegenous People in the Culture and Tourism Developments: Comparing Indonesia and East Timor Tourism Laws and Policies","authors":"D. Mangku, N. Yuliartini, R. Ruslan, Seguito Monteiro, Dahlan Surat","doi":"10.15294/jils.v7i1.52407","DOIUrl":"https://doi.org/10.15294/jils.v7i1.52407","url":null,"abstract":"The expansion of development brings many impacts, including in the discourse of indigenous peoples in the midst of tourism development. On the one hand, culture and indigenous peoples are the main pillars in the use of culture-based tourism such as in Bali, Indonesia, but on the other hand, tourism development raises questions about legal protection for indigenous peoples. This study aims to analyze and compare various laws and policies in tourism development in Bali (Indonesia) and Atauro (Timor Leste) and the position of indigenous peoples in the midst of various tourism policies. By comparing several related policies, this research found and confirmed that existing cultural arrangements were limited to the cultural identity of indigenous peoples and as a tourist attraction for Indonesia, but there are no regulations that give a definition of culture as an economic resource. In Timor Leste, Ecotourism management in Beloi Village is still far from the plan. The government as policy makers and facilitators impressed walk alone in terms of management tourist.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"198 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85012142","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 : 2022-06-10DOI: 10.15294/jils.v7i1.53820
I. Rideng, I. K. Wijaya, Hartini Saripan
Management of water resources is closely related to the availability of access to clean water for the community and has direct implications for social justice and the fulfillment of basic human rights. However, various arrangements in the management of water resources in Indonesia are considered not in favor of the concept of justice and are more directed towards commercialization and capitalization. This research is intended to examine, analyze, and criticize laws and regulations related to water resources. By consdiering several multidisciplinary aspects in the laws and regulations in the field of water resources, including aspects of justice and human rights, this research also analyzes from the philosophical, legal, and sociological aspects. This research found and emphasize that the concept of Pancasila can be a legal political basis for the state's right to control water resources to be directed so that the management of water resources does not oppress those who are socially and economically weak, or the poor. The availability of water is constant, while the demand for water is increasing in quantity and quality, then what will happen is scarcity. At this stage of water scarcity, the principle of justice becomes very important in water management. Access to water justice is not individual or micro justice, but social or macro justice. Justice to get water as a human right cannot be left to everyone based on a market mechanism, but government intervention to ensure the fulfillment of the right to water, at least is very much needed.
{"title":"Dimensions of Water Resources Regulation in Philosophy of Justice and Human Rights Perspective","authors":"I. Rideng, I. K. Wijaya, Hartini Saripan","doi":"10.15294/jils.v7i1.53820","DOIUrl":"https://doi.org/10.15294/jils.v7i1.53820","url":null,"abstract":"Management of water resources is closely related to the availability of access to clean water for the community and has direct implications for social justice and the fulfillment of basic human rights. However, various arrangements in the management of water resources in Indonesia are considered not in favor of the concept of justice and are more directed towards commercialization and capitalization. This research is intended to examine, analyze, and criticize laws and regulations related to water resources. By consdiering several multidisciplinary aspects in the laws and regulations in the field of water resources, including aspects of justice and human rights, this research also analyzes from the philosophical, legal, and sociological aspects. This research found and emphasize that the concept of Pancasila can be a legal political basis for the state's right to control water resources to be directed so that the management of water resources does not oppress those who are socially and economically weak, or the poor. The availability of water is constant, while the demand for water is increasing in quantity and quality, then what will happen is scarcity. At this stage of water scarcity, the principle of justice becomes very important in water management. Access to water justice is not individual or micro justice, but social or macro justice. Justice to get water as a human right cannot be left to everyone based on a market mechanism, but government intervention to ensure the fulfillment of the right to water, at least is very much needed.","PeriodicalId":32877,"journal":{"name":"JILS Journal of Indonesian Legal Studies","volume":"51 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80266791","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 : 2022-06-09DOI: 10.15294/jils.v7i1.46691
M. Y. Hage, Panggih Kusuma Ningrum
This article attempts to explore corrective justice and its significant role in private law. Corrective justice can be traced back to Aristotle's ideas of justice and Kant's ideas of rights. Hans Kelsen sharply criticized the concept of corrective justice for only proposing formal ideas without touching anything substantial. Apart from this criticism, corrective justice remains very important in private law studies because it provides solutions between two private actors in which one benefits from the losses experienced by the other. So far, the dispute settlement mechanism in private law gives the winning party a full share, while the loser does not receive any share at all. Corrective justice offers a quantitative measure that balances what the defendant is deducting and what is added to the claimant's loss. The application of this principle encourages the creation of equal punishment between the disputed parties.
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