Constitutional court rejection on omnibus law

The purpose of this legal and constitutional study was to deeply understand the causes and impacts of rejection of the ratification of the Omnibus Bill and its derivatives of the Job Creation Bill by demonstrators consisting of students and laborers throughout Indonesia. To make it easier for us to understand the above problems, we have carried out a series of data collections since the Omnibus Bill was discussed until it was passed by Parliament and rejected by demonstrators. For data, secondary legal information in the form of legal publications, textbooks, journals, and court decisions related to the Omnibus Law and other information in the form of articles published in the mass media has also been used as data. Finally, we can conclude that the findings include: Several laws originating from the Omnibus law have legitimized environmental destruction, ignoring customary rights that are more environmentally friendly and sustainable. The majority of the Omnibus Law committee comes from the elite who do not think about the civilian element, including the new law derivative people.

Closing the gap : enhancing Parliament's law-making role in Treaty of Waitangi and customary rights issues

<p>The New Zealand system of government subscribes to the doctrine of the supremacy of Parliament. This means that where Parliament have, in legislation, explicitly and clearly stipulated an intention to be arbitrary, unfair or oppressive, the judicial branch of government cannot strike that legislative provision down. Instead, the Courts law-making role is confined to interpreting and developing case law where there is no applicable statutory rule.</p>

Closing the gap : enhancing Parliament's law-making role in Treaty of Waitangi and customary rights issues

<p>The New Zealand system of government subscribes to the doctrine of the supremacy of Parliament. This means that where Parliament have, in legislation, explicitly and clearly stipulated an intention to be arbitrary, unfair or oppressive, the judicial branch of government cannot strike that legislative provision down. Instead, the Courts law-making role is confined to interpreting and developing case law where there is no applicable statutory rule.</p>

Hak Milik Atas Tanah Adat Di Wilayah Kepulauan

Introductioan: The Western Seram Islands have various customary rights that grow and develop in the lives of indigenous peoples and it becomes a rule that is believed by them, so that it becomes a law that binds them in determining their ownership rights to their customary land.Purposes of the Research: This study aims to determine how the position of customary land ownership rights in the national land law system, and what is the legal basis and the way in which customary land ownership rights occur according to customary law.Methods of the Research: This study uses the normative legal research method, which aims to find out how the position of ownership rights over customary land in the national land law system in the areas of Taniwel Timur, Negeri Maloang and Negeri Sohuwe, West Seram Regency, Maluku Province, and to understand what the legal basis and How to Have Land Ownership Rights According to Customary Law in the Taniwel Timur District, Maloang State and Sohuwe State, West Seram Regency, Maluku Province.Results of the Research: In principle, ownership of land rights by a member or group of customary law communities, whether individual or communal / group, has a very binding power de jure and de facto. The principle of ownership in the provision of de jure guarantees in the sense that the customary law community recognizes that if ownership rights are obtained by means of the permission of the head of the association (Kepala Adat or Kepala Soa), to open and manage land for customary law communities it can be said to be a legal act that is legal according to law. adat as long as it does not contradict the prevailing customary law norms, and the principle of ownership in a de facto manner, namely that the principle of ownership has been obtained from generation to generation. This is what the local government must pay attention to in terms of recognition of rights by customary law communities in West Seram District, Maluku Province.

Eksistensi Hak Ulayat Pasca Berlakunya Peraturan Menteri Agraria Nomor 18 Tahun 2019

The Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia recently issued Ministerial Regulation of ATR No. 18 of 2019 concerning Procedures for Administration of Customary Land Community Units of Customary Law. However, the reality is that until now there are still ulayat lands of customary law community units whose management, control and use are based on local customary law provisions and are recognized by the members of the customary law community unit concerned. The research uses normative research, namely normative juridical research, namely research based on applicable laws and legal norms and has binding power to answer the legal issues faced. The results obtained are that the characteristics of customary rights of customary law communities, that customary rights to land are controlled by customary law communities, namely people who live in groups, hereditary based on ties of origin/ancestor or similarity of residence, have the same culture, live in a certain area, have customary property that is jointly owned, have customary institutions containing sanctions, as long as they are still alive according to developments and do not conflict with national law.Keywords: Existence; Customary Rights; Minister of Agrarian Regulation.Menteri Agraria Dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia baru-baru ini menerbitkan Permen ATR No. 18 Tahun 2019 Tentang Tata Cara Penatausahaan Tanah Ulayat Kesatuan Masyarakat Hukum Adat. Namun kenyataannya hingga kini masih terdapat tanah ulayat kesatuan masyarakat hukum adat yang pengurusan, penguasaan dan penggunaannya didasarkan pada ketentuan hukum adat setempat dan diakui oleh para warga kesatuan masyarakat hukum adat yang bersangkutan”. Penelitian dengan menggunakan penelitian normatif, yaitu penelitian yuridis normatif, yaitu penelitian didasarkan peraturan perundang-undangan atau norma-norma hukum yang berlaku dan mempunyai kekuatan mengikat guna manjawab isu hukum yang dihadapi. Diperoleh hasil bahwa Karakteristik hak ulayat masyarakat hukum adat, bahwa hak ulayat atas tanah tersebut dikuasai oleh masyarakat hukum adat, yakni masyarakat yang hidup berkelompok, turun menurun berdasarkan ikatan asal usul/leluhur atau kesamaan tempat tinggal, berbudaya sama, hidup dalam satu wilayah tertentu, memiliki harta benda adat milik bersama, mempunyai pranata adat mengandung sanksi, sepanjang masih hidup sesuai perkembangan dan tidak bertentangan dengan hukum nasional.Kata Kunci: Eksistensi; Hak Ulayat; Peraturan Menteri Agraria.

Peraturan Hukum Adat Baduy dan Hierarki Menurut Undang Undang yang Berlaku

The Baduy tribe is located closest to the capital city of the country. This is special to describe, how Baduy maintains its customs and customary laws in the midst of the influence of technological advances and the development of positive Indonesian law which is especially due to its geographical location not far from the metropolitan city, namely Jakarta and its surroundings. Then the purpose of this study also wants to reveal how Baduy customary law regulations and hierarchy according to applicable laws. Baduy is an ethnic indigenous people who still live in Indonesia. The hierarchy or order of laws and regulations in Indonesia refers to the recognition and respect given by the state in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which is not sufficient to protect the rights of the Baduy customary law community plus the weakness of Perda No.32 of 2001 which discuss the customary rights of the Baduy customary community only. The clash of Baduy traditional interests with the government system has made Baduy weaker in terms of representation. The government must immediately draft a law related to the protection of Baduy customary rights and or create a representation mechanism for indigenous peoples.

Reinforcement of the Papuan Traditional Communal Rights for the Control of Land and Natural Resources

The ulayat rights of Papuan customary law communities over control of land and natural resources are rights granted by laws and regulations with a number of special powers. This study aims to analyze and provide a conception of strengthening the customary rights of the Papuan customary law community to control over land and natural resources. This research method uses a normative-juridical legal research type, which refers to the legal norms of legislation (statute approach), as well as legal theories and principles as supporters. This research is descriptiveanalytical, using qualitative analysis methods. The results of this study indicate that although the regulation of the customary rights of the Papuan customary law community has been in place for a long time, there are some basic things that need to be considered. Several regulations in the Perdasus do not represent the Papua Special Autonomy Law and tend to be contradictory. These provisions raise a number of problems for the Papuan indigenous peoples with regard to land ownership and the use of natural resources.

Land Governance: Paradigm Shift in Tribal Land Records in Indo-Nepal Border

Land ownership is determined by the land title possessed by an individual and protects the rights of the owner. Due to the rampant growth in population and scarcity of land, mutation, unclear land titles, and prices are soaring and have led to benami transactions. Land documentation is not an easy task in India where different methods and departments are involved with a lack of efforts at bringing commonality into the system of land records. Therefore, to bring transparency, accountability, and efficiency in dealing with the cases of land disputes and associated litigation, there is an immediate need for compilation, maintenance, and updation of the land records to instill a sense of security among landowners. Therefore, the central theme of the article revolves around the hindrances and issues in an entire process, flaws in land records, poor updation of data, online mutation, and automatic flow of information. The adequacy of the updated land information can answer to disputes in boundary, unauthorized construction, permission related to land use, fraud registration of the property, and incomplete mutation and could lower the cost of transactions. The other multidimensions which are focused while understanding the land records in a tribal regime are tenure rights, disputes in common areas, customary rights, and acquisition of land by other communities.