This article examines the tension between legal pluralism and deregulation in Indonesia’s customary forest recognition framework, focusing on the persistence of layered administrative requirements for rights that are constitutionally acknowledged. The study employs a juridical approach combining statutory, conceptual,...
Contemporary legal systems increasingly face the challenge of accommodating customary norms within state legal frameworks. While state law serves as the primary source of legal authority, customary norms continue to regulate important aspects of social life in many communities. Indonesia and Madagascar provide particul...
Tiavina Ndimbisoa Andriamihamina, A. Prabandari· International Journal of Soc...· 0 citations
This study examines restrictions on land control by foreign nationals from the perspectives of human rights and local economic sovereignty. The research addresses the tension between foreign investment interests, the protection of local communities’ rights to land and adequate housing, and the state’s responsibility to...
This article examines the development of legal politics concerning the recognition of customary law communities in Indonesia through a legal history perspective. It is intended to trace how recognition was formed from colonial legal pluralism, national agrarian law, constitutional reform, and sectoral regulations after...
Rio Saputra Manullang, Trial L. Hutagaol, Rizki Hamdansyah Tanjung et al.· Indonesian Journal of Advanc...· 0 citations
Constitutional recognition of customary law communities does not, by itself, guarantee the protection of ulayat land when the state is preparing to issue administrative decisions that enable third parties to use such territories. This issue is particularly significant in Papua because the Special Autonomy regime requir...
This study examines the legal protection of the rights of the Toba Batak customary law community over customary forests in Samosir Regency from the perspective of environmental law and human rights. The fundamental problem that is studied is the normative gap between national legal guarantees and the conditions of lega...
Sigar P. Berutu, Rona Uliana Tampubolon, Samuel Sihombing· Ekasakti Journal of Law and...· 0 citations
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