scholarly journals The Urgency of Strengthening the Rights and Participation of Indigenous Peoples in Realizing Sustainable Management of Customary Forest

2021 ◽  
Vol 23 (3) ◽  
pp. 399-416
Author(s):  
Annisa Indah Nuari ◽  
Sapto Hermawan
Keyword(s):  
Forest Management ◽  
Indigenous Peoples ◽  
Carrying Capacity ◽  
Sustainable Management ◽  
Central Government ◽  
Legal Research ◽  
Conceptual Approach ◽  
Secondary Sources ◽  
Sectoral Approach ◽  
Democratic Decentralization

This article aims to analyze the urgency of strengthening the rights and participation of indigenous peoples in customary forest management in Indonesia. Law No. 41/1999 on Forestry, which is still centralized in nature, has limited the rights and roles of indigenous peoples in managing their customary forests. The regulation regarding customary forest in the Forestry Law is inconsistent with protecting ecosystem carrying capacity and democratic decentralization. This article was prepared using a normative legal research methodology in which a statutory and conceptual approach is used. Then, secondary sources of legal material were analyzed and qualified to be narrowed down to answer existing juridical problems. The results show that the rights and roles of indigenous peoples in managing their customary forests are still minimal. Customary forest management centered on the central government and prioritized a sectoral approach can have implications for exploitation that ignores the interests of conserva-tion and sustainability of customary forest natural resources.

Legal Analysis of the Deregulation of the Nigerian Downstream Petroleum Industry and Proposal for Development

2021 ◽  
Vol 12 (2) ◽  
pp. 45-57
Author(s):  
Olusola Joshua Olujobi
Keyword(s):  
Federal Government ◽  
Research Method ◽  
Petroleum Industry ◽  
Petroleum Products ◽  
Legal Analysis ◽  
Legal Research ◽  
Conceptual Approach ◽  
Adequate Supply ◽  
Secondary Sources ◽  
Enhance Efficiency

The study seeks to explore the need for deregulation of the downstream sector of the Nigerian petroleum industry and to address the various inefficiencies in the sector to promote adequate supply of petroleum products in Nigeria. The aim is to enhance efficiency in the sector through institutional and regulatory reforms, to promote healthy competition by making reference to the experiences of other relatively advanced jurisdictions to refocus and strengthen Nigeria's downstream Petroleum sector's regulations. The work adopts a conceptual approach relying on extant literature with the application of the doctrinal legal research method. The study also makes use of primary and secondary sources of laws such as statutory and judicial authorities. A key finding is the overbearing presence of the federal government in the sector and inappropriate pricing of petroleum products which have made the sector unattractive to investors to establish private refineries that will guarantee adequate supply of petroleum products and fair returns on their investments due to excessive regulation.

scholarly journals Perlindungan Hukum Bagi Pekerja Migran Indonesia yang Dipekerjakan Tidak Sesuai dengan Perjanjian Penempatan

2021 ◽  
Vol 4 (5) ◽  
pp. 2023
Author(s):  
Rosalinda Chandra Yulianita
Keyword(s):  
Private Sector ◽  
Migrant Workers ◽  
Central Government ◽  
Migrant Worker ◽  
Legal Research ◽  
Conceptual Approach ◽  
The Government ◽  
The Many ◽  
At Home

AbstractBecoming an Indonesian Migrant Worker is one solution to reduce unemployment at home. But this has instead become a new problem. This relates to the lack of protection from the government due to the lack of coordination between the government and the private sector as a party that bridges Indonesian Migrant Workers and Employers. This is because of the many problems in the Placement Agreement. This is also because the Laws that have been made by the Central Government do not immediately have new implementation rules in accordance with what was promised. The purpose of this research is to find out and analyze what sanctions will be obtained by the Indonesian Migrant Worker Placement Company if the Placement Agreement is not carried out also whether it is permissible if Indonesian Migrant Workers can work if it is not in accordance with their placement. To answer these problems, the authors use legal research with a Conceptual Approach, and Case Approach, and Case Study.Keywords: Indonesian Migrant Worker; Indonesian Migrant Worker Placement Company; Placement Company.AbstrakMenjadi Pekerja Migran Indonesia adalah salah satu solusi untuk mengurangi pengangguran di dalam negeri sendiri. Namun hal ini malah menjadi sebuah masalah baru. Hal ini berkaitan dengan perlindungan yang kurang dari pihak pemerintah karena kurangnya koordinasi antara pemerintah dengan pihak swasta sebagai pihak yang menjembatani Pekerja Migran Indonesia dengan Pemberi Kerja. Hal ini dikarenakan banyaknya masalah dalam Perjanjian Penempatan. Hal ini juga dikarenakan Undang-Undang yang sudah dibuat oleh Pemerintah Pusat tidak segera memiliki aturan pelaksanaan yang baru sesuai dengan yang diperjanjikan. Tujuan dari penelitian ini adalah untuk mengetahui dan menganalisis sanksi apa yang akan didapatkan oleh pihak Perusahaan Penempatan Pekerja Migran Indonesia apabila Perjanjian Penempatan tidak dilaksanakan, juga apakah diperbolehkan apabila Pekerja Migran Indonesia dapat bekerja jika tidak sesuai dengan penempatannya. Untuk menjawab permasalahan tersebut, penulis menggunakan penelitian hukum dengan Pendekatan Konseptual (Conceptual Approach), dan Pendekatan Kasus (Case Approach), dan Studi Kasus (Case Study).Kata Kunci: Pekerja Migran Indonesia; Perusahaan Penempatan Pekerja Migran Indonesia; Perjanjian Penempatan.

scholarly journals Tinjauan Yuridis terhadap Tindak Pidana Daya Paksa dan Pembelaan Terpaksa

2021 ◽  
Vol 2 (3) ◽  
pp. 483-488
Author(s):  
Gowinda Prasad ◽  
Anak Agung Sagung Laksmi Dewi ◽  
I Made Minggu Widyantara
Keyword(s):  
Data Collection ◽  
Legal Protection ◽  
Physical Property ◽  
Legal Research ◽  
Conceptual Approach ◽  
Secondary Sources ◽  
Social Rehabilitation ◽  
Library Research ◽  
Materials Used ◽  
Security Guarantees

Forced power and forced defense are criminal acts committed against the law, which are actually coercion from outsiders and against their will and want to defend themselves or there are threats from outsiders which of course need to be reviewed also regarding the reasons to the doctrine of coercion and defense. force it. The purpose of this research is to reveal the regulation of criminal acts of coercion and forced defense as well as legal protection against acts of coercion and forced defense. This research is a normative legal research with a statutory and conceptual approach. Data collection techniques are carried out through library research. Sources of legal materials used are primary and secondary sources of law. After the data is collected, then the data is analyzed using informal methods. The results of the research reveal that the legal protection provided is of course the protection of physical, property and life security guarantees and the provision of psychological and social rehabilitation because there is a pressure.

scholarly journals REFORMA AGRARIA BELUM BERAKHIR

2018 ◽  
Vol 2 (1) ◽  
Author(s):  
Komang Jaka Ferdian ◽  
Samsul Ode
Keyword(s):  
Forest Management ◽  
Indigenous Peoples ◽  
Forest Cover ◽  
Central Government ◽  
Agrarian Reform ◽  
Research Assessment ◽  
Land Conversion ◽  
Forest Environment ◽  
Reform Policy ◽  
The Government

Deforestation is currently a new challenge for Indonesia as a result of massive state enterprises or private actions that land conversion. Indonesian land conversion have an impact on environmental degradation are detrimental to society both in the surrounding woods. Policy at the government's Agrarian Reform Joko Widodo and Jusuf Kalla to be a solution to reduce land conversion action. This article wants to learn about the agrarian reform policy which has been running 3 years Administration Joko Widodo as well as models of indigenous community-based land redistribution. The method used in this article is a qualitative descriptive approach that describes the results of research, assessment and other references reinforced with empirical data based on literature, documents, and media.This article explains a few things, first, based forest management implemented for the public to support the welfare and maintaining the forest environment. Indigenous peoples in managing and protecting the forests have rules that have been derived from the ancestors. Forest management by indigenous peoples based on the belief give good impact to protect the environment. Second, the government agrarian reform policy Joko Widodo and Jusuf Kalla in the third year are still encountering a variety of problems that occur are confusion regulation occurs at the level of the central government, where the government issued Presidential Decree 88 in 2017 which is counterproductive to conflict resolution through agrarian reform. Object Land Agrarian Reform is not based on the needs of society but to refer the forest cover in accordance with the Regulations of Forestry, it makes Java, Lampung, and Bali sealed from agrarian reform policies. Agrarian Reform institutions to manage unclear because until now there is no institutional ad-hoc. Implementation of agrarian reform policies led directly by the president and multiple government agencies.

scholarly journals Tanggungjawab Perdata Pemborong Akibat Kegagalan Bangunan dalam Perspektif Hukum Positif Indonesia

2021 ◽  
Vol 2 (3) ◽  
pp. 456-462
Author(s):  
I ketut Suardika ◽  
I Nyoman Putu Budiartha ◽  
I Made puspasutari Ujianti
Keyword(s):  
Data Collection ◽  
Research Method ◽  
Stock Exchange ◽  
Legal Research ◽  
Conceptual Approach ◽  
Stock Trading ◽  
Secondary Sources ◽  
Positive Law ◽  
Force Majeure ◽  
Construction Services

The collapse of several buildings as reported by various mass media including the collapse of the Yellow Bridge in Nusa Lembongan Klungkung, the perimeter of Soekarno Hatta Airport, the stock trading center building of the Indonesia Stock Exchange (IDX) is one of the problems faced today. For this incident, the Contractor who participated in the construction should be assumed to be responsible. The purpose of this research is to analyze the arrangement of building contract agreements in the perspective of Indonesian positive law and civil liability to contractors due to the occurrence of building failures in the perspective of Indonesian positive law. This research uses a normative legal research method with a statutory approach and a conceptual approach. Data collection techniques were collected through legal inventory. The sources used are primary and secondary sources of law. After the data is collected, then the data is analyzed systematically. The results of the research indicate that the collapse of the building outside the force majeure in UUJK 2/2017 is referred to as Building Failure. The Civil Code, UUJK 2/2017 concerning Construction Services and their derivative regulations are positive laws that still apply as legal umbrellas in regulating development implementation.

scholarly journals Prosedur Pengembalian dan Pemulihan Kerugian Negara Akibat Tindak Pidana Korupsi

2021 ◽  
Vol 2 (3) ◽  
pp. 573-579
Author(s):  
Sandi Herintus Kabba ◽  
I Made Arjaya ◽  
I Made Minggu Widyantara
Keyword(s):  
Legal Research ◽  
Conceptual Approach ◽  
The Public ◽  
Secondary Sources ◽  
The Law ◽  
The Government

Corruption is an extraordinary crime whose eradication must be carried out in an extraordinary manner according to the procedures for returning and recovering state losses due to corruption. The purposes of this study are to reveal the process of implementing the return and recovery of state losses by prosecutors on corruption crimes as well as efforts to restore and recover state losses due to corruption. The method used is normative legal research with a statutory approach and a conceptual approach. The technique of collecting legal materials is done through the study of recording and documentation. Primary and secondary sources of legal materials are used as sources of legal materials in this study. Then, the legal materials and data are managed using interpretation analysis. The results of the study reveal that the procedure for returning and recovering state losses due to corruption is in accordance with the procedures, namely the Law on the Eradication of Corruption and other regulations. efforts to recover and recover state losses due to corruption by maximizing the return of state losses by confiscation, tracing the assets of the convict, the authority of the KPK prosecutor must be regulated firmly and clearly. The author suggests that the Government should provide adequate facilities and infrastructure for the Prosecutor's Office and the KPK in order to maximize the eradication of corruption, the public needs to submit information to the Prosecutor's Office, the KPK, and the Police regarding corruption crimes that have occurred.

scholarly journals Legis ratio of minister regulation arrangement in law number 15 of 2019 about the amendment to law number 12 of 2011

2020 ◽  
Vol 9 (3) ◽  
pp. 182-190
Author(s):  
Hendra Kurnia Putra ◽  
Sudarsono Sudarsono ◽  
Istislam Istislam ◽  
Aan Eko Widiarto
Keyword(s):  
Comparative Law ◽  
Legal Basis ◽  
Legal Research ◽  
Conceptual Approach ◽  
Philosophical Approach ◽  
Secondary Sources ◽  
Legal Legitimacy ◽  
Governmental Power ◽  
Materials Used ◽  
Laws And Regulations

The purpose of this paper is to analyze the Legis Ratio in the regulation of Ministerial Regulations in Article 8 of Law 12 of 2011 concerning Formation of Regulations and Regulations as amended by Law 15 of 2019 concerning Amendments to Law 12 of 2011 concerning Formation of Regulations. This research is normative legal research with a philosophical approach, conceptual approach, comparative law, and historical approach. The legal materials used are primary, secondary, and tertiary legal materials. basic norms and laws and regulations, while secondary sources include new and current scientific knowledge which includes books, research reports, journals, magazines Tertiary sources namely black law dictionary, abstracts and other tertiary sources Analysis of legal material is carried out with descriptive perspective. The results showed that the regulation of Ministerial Regulations departs from the desire to re-regulate clearly the existence of Ministerial Regulations previously stated in the Explanation of Law 10 of 2004 concerning Formation of Legislation so that the existence of Ministerial Regulations has stronger legal legitimacy in the legislation system Indonesia. The Ministerial Regulation provides the legal basis for the Minister to form laws and regulations in their respective fields as an assistant to the President in carrying out governmental power.

scholarly journals Upaya Paksa terhadap Pejabat yang Tidak Melakukan Putusan Pengadilan Tata Usaha Negara Denpasar

2020 ◽  
Vol 1 (2) ◽  
pp. 145-149
Author(s):  
I Wayan Dedy Cahya Pratama ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Legal Theory ◽  
Legal Regulations ◽  
Judicial Decision ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Principles ◽  
Secondary Sources ◽  
The Supreme Court ◽  
The Government ◽  
Administrative Sanctions

The discussion in the writing of this thesis is a problem related to forced efforts as regulated in article 116 where in this article forced efforts (Dwangsom) are regulated. The purpose of implementing compulsory measures so that the decisions issued are carried out by those concerned. This study aims to determine the mechanism of forced attempts to officials who do not carry out the TUN Judicial Decision and to find out the obstacles to forced attempts against the TUN Judicial Decision. Normative legal research is used as a research method, which is a stage to find legal regulations, legal principles in order to answer the contents of the law in this thesis with a statutory approach, legal theory and a conceptual approach. Primary and secondary sources of legal materials are then analyzed to obtain conclusions and suggestions. The results showed that the efforts to force the decision, namely Dwangsom and administrative sanctions at the PTUN which had been incracht could not be implemented optimally. The obstacle in forced efforts related to the execution of the PTUN Decision is that there is no special agency tasked with implementing the decision, therefore the government has revised the PTUN Law and provisions relating to Forced Efforts issued by the Supreme Court so that it can be applied by the PTUN judge so that it can be applied and implemented optimally.

Halting Forest Encroachment in Terai: What Role for Community Forestry?

2019 ◽  
Vol 16 (1) ◽  
pp. 15-34
Author(s):  
Prabin Bhusal ◽  
Naya Sharma Paudel ◽  
Anukram Adhikary ◽  
Jisan Karki ◽  
Kamal Bhandari
Keyword(s):  
Forest Management ◽  
Collective Action ◽  
Environmental History ◽  
Adaptive Learning ◽  
Sustainable Management ◽  
Community Forestry ◽  
Local Level ◽  
Secondary Data ◽  
Local Communities ◽  
Local Livelihoods

This paper highlights the lessons of using adaptive learning in community forestry that effectively help to resolve forest based conflicts in Terai region of Nepal. The paper is based on a three-year action research carried out in Terai. Qualitative methods including participatory rural appraisal tools and documentation of engaged action and reflections were used. Methods and tools that largely fall under adaptive learning were deployed. The field data was complemented by review of secondary data and literature on environmental history of Terai. We found that policies on land and forest in Terai for the last fifty years have induced and aggravated conflicts over access and control between state and communities and also within diverse groups of local communities. These conflicts have had serious negative impacts on sustainable management of forests and on local people’s livelihoods, particularly resource poor and landless people. Centralised and bureaucratic approaches to control forest and encroachment have largely failed. Despite investing millions of Rupees in maintaining law and order in forestlands, the problem continues to worsen often at the cost of forests and local communities. We found that transferring management rights to local communities like landless and land poor in the form of community forestry (CF) has induced strong local level collective action in forest management and supported local livelihoods. Moreover, adding adaptive learning, as a methodological tool to improve governance and enhance local level collective action significantly improves the benefit of CF. It implies that a major rethinking is needed in the current policies that have often led to hostile relationships with the local inhabitants- particularly the illegal settlers. Instead, transferring forest rights to local communities and supporting them through technical aspects of forest management will strengthen local initiatives towards sustainable management of forests.

TINJAUAN YURIDIS TERHADAP PENGEMBALIAN KEWENANGAN ISTIMEWA MAJELIS PERMUSYAWARATAN RAKYAT MELALUI PERUBAHAN UNDANG-UNDANG DASAR NEGARA REPUBLIK INDONESIA TAHUN 1945

2018 ◽  
Vol 5 (1) ◽  
pp. 142
Author(s):  
Putu Ayu Anastasia Wierdarini
Keyword(s):  
Research Method ◽  
State Institution ◽  
Vice President ◽  
Legal Research ◽  
Conceptual Approach ◽  
Administration System ◽  
Material Content ◽  
The People ◽  
State Administration ◽  
Strategic Position

The amendment of the Undang-Undang Dasar Negara Republik Indonesia Tahun 1945 positioned the Majelis Permusyawaratan Rakyat no longer as the highest state institution and the highest sovereign of the people. This has implications for the authority of the Majelis Permusyawaratan Rakyat to have a strategic position, namely to UUD 1945, to stipulate GBHN, to elect the president and vice president through amendment of its authority to be very limited and weak. This paper examines jurisdictionally how to restore the privileges possessed by the Majelis Permusyawaratan Rakyat through the amendment of the UUD 1945. A normative legal research method with statute approach and conceptual approach is used to analyze this problem.The results of the study indicate that the MPR's repatriation in the main and vital position in the Indonesian state administration system is very important, namely through amendments to the material content of the UUD 1945 which must be implemented on an ongoing basis.

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