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Full-Text Articles in Law
Between Control And Empowerment: Local Government And Acknowledgement Of Adat Villages In Indonesia, Tine Suartina
Between Control And Empowerment: Local Government And Acknowledgement Of Adat Villages In Indonesia, Tine Suartina
Indonesia Law Review
The local government’s acknowledgment of adat (customary) communities and adat villages, as regulated in the Village Law 6/2014 , appear to signal an increasing recognition of adat law. However, the current acknowledgment practices and adat village formalizations have become areas of legal contestation between adat communities and state-national and local governments. Despite the resurgence of formal legal pluralism, those acknowledgment and accommodation mechanisms are double-edged. They involve control and empowerment as emphasized in Hellman’s framework applied to analyze the dilemma in a plural society regarding cultural politics. On the one hand, the acknowledgment and accommodation mechanisms conducted through an official …
The Rise And The Fall Of The Jurisdiction Of Indonesia's Administrative Courts: Impediments And Prospects, Enrico Parulian Simanjuntak
The Rise And The Fall Of The Jurisdiction Of Indonesia's Administrative Courts: Impediments And Prospects, Enrico Parulian Simanjuntak
Indonesia Law Review
If any of Indonesia’s judiciary branches can be said to have been in constant flux before and after the one roof system under the Supreme Court, it is the Administrative Court. From limited jurisdiction—by limitation from The Administrative Court Act (ACA), (Undang-Undang Tentang Peradilan Tata Usaha Negara) and others unresponsive legal policy, establishment of new court, and supreme court decision—to expansion jurisdiction by enactment of Government Administration Act (GAA), (Undang-Undang Tentang Administrasi Pemerintahan) and establishment sectoral laws, including expansion from Constitutional Court decision, has brought dynamic changing to the Administrative Court jurisdiction. In this paper, I will discuss to what …
Freedom Of Speech And The Role Of Constitutional Courts: The Cases Of Indonesia And South Korea, M. Lutfi Chakim
Freedom Of Speech And The Role Of Constitutional Courts: The Cases Of Indonesia And South Korea, M. Lutfi Chakim
Indonesia Law Review
Freedom of speech is a constitutional right that must be protected in a democratic society. However, there is an alarming problem in many countries where governments limit freedom of speech by targeting people espousing views contrary to those of the government. Many free speech cases handled by the Constitutional Courts of Indonesia and Korea demonstrate a gradual decline in the quality of democracy there. This article aims to assess the extent to which the Constitutional Courts’ role and responsibilities contribute to the protection of freedom of speech. Through its decisions, the Constitutional Courts in those two countries have contributed to …
Desa Adat Provincial Law: Existence Strengtening Or Power Flexing?, Luh Rina Apriani, Anna Erliyana
Desa Adat Provincial Law: Existence Strengtening Or Power Flexing?, Luh Rina Apriani, Anna Erliyana
Indonesia Law Review
The Desa Law gave rise to a discussion about the legitimacy of Desa Adat in Indonesia. Along with the main objective of the Desa Law to empower villages, some regions thought the normalization of Article 5 of the Desa Law would go hand in hand with the strengthening of the Desa Adat. The Siak Regency Government issued the Siak Regency Regulation No. 2 of 2018 concerning the Establishment of Desa Adat in Siak Regency, to compel the villages in their area to meet the criteria as Indigenous Villages as mandated by the Desa Law. The Regional Regulation of the Province …