Distribution and Revenue Sharing of Natural Resources in Indonesia: Autonomous Region and Legal Pluralism Perspective

The distribution and revenue sharing of natural resources in Indonesia is considered a very important issue. The exploitation of natural resources of a particular region can be implemented by referring to the concept of regional autonomy. In practice, not all regional governments can take advantage of the natural resources situated in the region. The research aims to review and analyze the arrangement of revenue sharing and natural resources based on the principle of decentralization in the balance of national and regional finances in Indonesia and analyze the autonomous region in Indonesia from a legal pluralism perspective. This study is normative legal research using statutory, conceptual, and analytical approaches. The results suggested that the arrangement of the division of funds for revenue based on decentralization in Indonesia has not fully reflected the principle of proportionality, as it is perceived not providing just and proper share for some regions. In achieving public welfare and social justice at the lowest level of governance, the existence of customary villages in Bali may serve as a solution in addressing the issue of regional management on natural resources along with its potential benefits. Parallel to this concern, the customary village can also play an indirect role in achieving justice, equity, and harmony in the regions. Therefore, the synergy between the national and regional governments, including customary villages undoubtedly reflects legal pluralism.

Whether Sovereignty?: The Failure of Indonesia in Taking Over Flight Information Region from Singapore 2015-2019

The concept of ‘complete and exclusive sovereignty as defined in international and national law remains poses challenges, especially concerning the effort of Indonesia in taking over the Flight Information Region (FIR) from the Singapore context. The management of FIR by Singapore over the Riau Islands of Indonesia was begun during the British colonial period over Malay territory, which partly became a sovereign state of Singapore in 1965. However, under the syndrome of post-colonialism Indonesia has legalized it through the 1995 bilateral agreement between Indonesia and Singapore. On the other hand, since independence, Indonesia has gradually initiated to take over the FIR until the peak time of the 2015 Presidential Instruction which explicitly orders to take over the FIR of Singapore at the latest in the next four years (2015-2019). However, until the end of 2020, there had been no significant progress. This paper critically investigates such failure within the evolving concept of ‘sovereignty through the Third World Approach to International Law (TWAIL) paradigm in terms of the global justice system. It is proved that the meaning of ‘sovereignty in postcolonial states remains a political rhetoric as also known as ‘negative sovereignty’. Hence, this paper contributes to clarifying the meaning of sovereignty in the Indonesian context, so that a new awareness arises to increase the national capacity to take over FIR from Singapore, and hopefully, the ‘complete and exclusive’ meaning of sovereignty can be perceived in near future, for the maximum benefit of people in Indonesia.

Rebalancing Religious Policy and the Concept of Public Sphere: Indonesia Cases

As the largest Muslim country, Indonesia is on the way to balancing the order of its people, their religious practice, and how these two are influencing the public sphere. There is an existing regulation called Anti-Blasphemy Law which contains any rule to guarantee that religion and the public sphere do not contradict from one to another. Related to it, this research found that in this digital era with an advanced development on technology, some factors potentially create any form of manipulation on religion which comprises religion itself, social dynamic, and legal instrument. This form of manipulation has also triggered the advancement of the interdependency discourse on religion and the public sphere. In the context of Indonesia, by its characteristic, to separate religion and the public sphere will only create other problems among religious people. Using normative legal research, this paper aims to look at the relevance of the Anti-Blasphemy Law to the socio-structural conditions of Indonesian society. In this research, it is argued that religion and the public sphere (state) should be placed through a form of functional differentiation concept, and found that there is an interdependent relationship between religion and the public sphere, nevertheless, Anti-Blasphemy Law failed to create and maintain this relation. Hence, legal reform on the Anti-Blasphemy Law has become a necessity in ensuring a balanced and harmonious (state) religious life.

Human Rights of Migrants: From Desert Migration to Resettlement

The issue of desert migration has remained an intractable problem in the context of human rights. Desert migration raises unabated and a major concern because of the problems that come with it. Illegal migration has highlighted the need for and the challenge of having a proper human rights impact assessment of desert migration which will help in providing a suitable legal framework. This article primarily seeks certain protections accorded to migrants on desert migration and identifies problems associated with desert migration and the states of stranded migrants under human rights law. It is written by using a doctrinal legal research methodology that adopts analytical and qualitative approaches and builds its argument on existing literature which is achieved by synthesis of ideas. This article noted that there is a significant protection gap in the international and regional human rights architecture which oftentimes result in inadequate protection of migrants from human rights violation. It is argued that in order to guarantee a robust protection of migrant's rights outside their place of origin, a more integral response to critical human rights and development challenges is capable of addressing the protection gap. Furthermore, the article demonstrated that adopting a new approach with comprehensive instruments on migrant's rights protection and resettlement will be able to eradicate unabated violations of migrant's rights around the globe.

Reflecting on Kejawen: Javanese Esoteric Teachings in Indonesian National Development

Kejawen as a concept of spirituality arose out of ancient Javanese society. Many Western scholars have used the term ‘Javanese mysticism’ to refer to Kejawen teachings, which focus on inward rather than outward religious expression and feeling. Kejawen teaching offers an esoteric understanding of religion and spirituality, one that seems to circulate mainly outside formal religious traditions. This paper demonstrates the significance of Kejawen teaching in spiritual, psychological, and social development in Indonesia, suggesting it has especial relevance to issues of peace and violence. Placing Kejawen in its context, this study shows that the national development in Indonesia after independence was influenced by the esoteric ideas of Kejawen, as portrayed in the national motto “unity in diversity”. This expression resembles the post-independence state ideology of Pancasila. Through analysis of key nationalist texts, themes linked to elements of Kejawen teachings are identified and analysed in this study. This is done by analysing key texts, including Soekarno’s independence speech, Pancasila, and other relevant materials from various available sources. The reader will find out more about the need for comprehensive symbolic and resource-based recognition of Kejawen teachings in Indonesian society.

Protection of Migrant Workers in Suriname: How do Indonesian Representatives Implement International Labour Organization Conventions?

In June 2020, sixteen Indonesian migrant workers (IMW) who worked as fishing boat crew in a Surinamese company fled to the Indonesian Embassy in Paramaribo, Suriname to acquire protection and assistance. They revealed that the company had failed to uphold their rights, committed inhuman treatment, and resulted in numerous losses. The embassy then immediately exercised a consular function to protect their safety and tried to facilitate the demands of those sailors to relevant parties and local authorities. The article aims to analyze the role of Indonesian representatives to protect the rights of Indonesian migrant workers in Suriname based on the International Labour (ILO) conventions. It is juridical empirical research that was conducted through visiting and field research to the Indonesian Embassy in Suriname in November 2020. The research suggested that Indonesian representatives in Suriname have played a significant role in advocating the IMW rights through all possible means, including mediation, negotiation, and diplomatic channels. In addition, there is a need to create a Memorandum of Understanding between Indonesia and Suriname to ensuring proper protection for migrant workers.

Countermeasures under the Agreement on Subsidies and Countervailing Measures: Between the Aircraft Manufacturing Industry and Society

Countermeasures under World Trade Organization (WTO) law are separated into two categories, remedies and a method to induce compliance after another defaulting state fails to adhere to WTO's panel recommendation. This article will focus on the second category. The term ‘countermeasures’ specifically refers to an act of suspension of concessions or other obligations. One case of granted countermeasures is DS316, a case between the United States of America (US) and the European Union (EU). The issue of this case is the subsidies granted by the EU for Airbus, an aircraft manufacturer based in Europe which consists of four European nations, which resulted in Boeing's market loss. The US then requested countermeasures authorisation by the WTO. Countermeasures are related to the principle of proportionality both under public international law and WTO law. Additionally, countermeasures can lead to a more complex situation since it affects the human rights of the private actors of international trade as a part of society. This article explains the implementation of both the countermeasures and the proportionality principle, and analyses the precedents of cases and the countermeasures granted by the WTO as well as the effects of the granted countermeasures to society as it creates barriers for all the international trade actors.

Identifying Social Contexts Upon The Annual Homecoming Prohibition Due to The Covid-19 Outbreak

Despite its well-established value, the 1441 AH annual homecoming was prohibited by the Government of Indonesia to halt the COVID-19 outbreak. This paper aims to illustrate as well as analyse social factors that come up along with the implementation of the regulation. This research employs the so-called socio-legal research method. The intercourse between law and society has been discussed thoroughly. Later, the discussion builds a connection between law and society in which law initiates changes within society. Furthermore, as this regulation intends to adjust a well-established social value, this paper offers analysis from a perspective of sociology of law. There is a list of considerations to study. First, the legitimate lawmakers and the measurable benchmark are the main sociological strength of the law. Secondly, the absence of an integrated punishment and the ad-hoc basis of policy-making reduce the capacity to create social changes. Besides, other social factors ignored by the Government range from the recognition of this annual homecoming as social value to the ignorance of current social solidarity in Indonesia.

Hindu Legal Philosophy in Ngelinggihang Dewa Hyang Tradition: A Case Study in Jero Kuta Customary Village

This article discusses Ngelinggihang Dewa Hyang ceremony in Gianyar Regency which is different from the traditions in other regions in Bali. This tradition originates from Hindu law but is implemented differently by each customary village. This study aims to assess the position of Hindu law in Indonesian legislation, discuss Hindu law as the basis for implementing Ngelinggihang Dewa Hyang ceremony, identify the autonomy of customary village in Ngelinggihang Dewa Hyang process, and reveal the public perceptions of this ceremony in Jero Kuta Customary Village, Batubulan Village, Sukawati District, Gianyar Regency. This paper is a socio-religious research that is combined with a legal research. The research suggested that Hindu law does not have an explicit position in national law, but is used as the guideline for Balinese customary law. Sources of Hindu law used in this ceremony are Lontar Purwa Bhumi Kamulan and Manawa Dharmasastra that have been derivated into customary law. The autonomy of the customary village in the process of Ngelinggihang Dewa Hyang can be seen from the dresta (customary law) adopted by the villagers of Jero Kuta Customary Village who carry out this procession on a different day from other rituals. The public perception of this ceremony can be seen from the interaction in family and community scope. It has been revealed that the society does not fully understand the meaning of this religious procession due to the following factors; differences in community understanding of the existence of the Ngelinggihang Dewa Hyang ceremony; ignorance of the community, education Level, and the development of globalization in people's life.

Establishing a Regional-Owned Limited Liability Company: Would it Support an Integrated Tourism Management in Bali?

The rapid development of tourism in Bali has made this sector becomes the main pillar of the economy. Facts indicate that the tourism industry in Bali is not parallel with the equal distribution, which entails an imbalance in both tourism facilities and tourism management. This has an impact on chaotic tourism management: many tourist destinations and attractions were not managed properly and could not develop their potency optimally. This situation reflects an urgency to conceive an integrated tourism development and management. The Bali Provincial Government has addressed this issue by launching the concept of One Island One Management. This paper aims to analyze the tourism management arrangements in Bali with the various challenges faced in its application and to assess the establishment of Regional-Owned Limited Liability Company in realizing the concept of an integrated tourism management in Bali. In terms of writing methodology, this paper applies a normative legal research. The result suggested that a regional-owned limited liability company (LLC) can support the realization of an integrated tourism management in Bali. From a legal perspective, a regional-owned LLC is subject to the company law, which entails that it will strengthen the professionalism in managerial aspects and also will accommodate the participation of the region through the shareholder forum.