Cepalo

THE IMPORTANCE OF TENURE AND ACCESS RIGHTS FOR INDIGENOUS PEOPLES

2025-03-04T06:20:01+00:00

This research was performed to develop a model of legal protection for tenure rights and Indigenous peoples' access to forests based on local and ecological wisdom in Riau Province. Socio-legal research methods are employed to examine the relationship between law and government policy, with a focus on local and ecological issues. This approach facilitates a more fundamental understanding of the law's substance. Using the normative analysis with interdisciplinary dialogue, in a protection model for public interests over the long term is proposed. The research suggests that cooperation between the public and local or regional governments can be pursued to implement a legal protection model for tenure rights, ensuring that the traditional rights of customary law communities are recognized and upheld within judicial processes. The protection of traditional and constitutional rights of customary law communities has not yet implemented in concrete actions. As a result, the private property rights and access to land in Riau Province are currently protected by the local and ecological considerations..

LEGAL HARMONIZATION BETWEEN THE OMNIBUS LAW AND BASIC AGRARIAN LAW (UUPA) IN PROTECTING INDIGENOUS RIGHTS

2025-03-05T06:26:00+00:00

Harmonizing the Basic Agrarian Law (UUPA) and the Omnibus Law is crucial for protecting indigenous rights in Indonesia. The UUPA emphasizes people’s sovereignty over land and recognizes customary land rights, whereas the Omnibus Law focuses on liberalizing land management to accelerate investment and national projects. As a rule of law country, Indonesia must balance economic growth with human rights protection, including those of indigenous communities. Law No. 6 of 2023 on Job Creation has intensified challenges, as the Omnibus Law’s streamlined land permits grant the government broad powers often overlooking customary rights. To address this, the Free, Prior, and Informed Consent (FPIC) mechanism should be implemented to align development with indigenous rights. Additionally, revising the Omnibus Law’s derivative regulations to explicitly recognize customary land rights and establishing a dedicated agency to resolve related disputes are necessary. A holistic policy reform reflecting the UUPA’s principles while accommodating the Omnibus Law will ensure development that is both just and sustainable. Improved harmonization will allow Indonesia to pursue economic progress without sacrificing social justice and indigenous rights.

POLICY IMPLEMENTATION AND IMPLICATIONS OF WATER TARIFF AND CUSTOMER CONNECTION FEE ADJUSTMENTS IN BANGGAI REGENCY

2025-06-11T06:44:21+00:00

This study analyzes the implementation of the policy on adjusting drinking water tariffs and new customer connection fees at the Regional Drinking Water Company (PERUMDAM) of Banggai Regency, based on Director’s Decision No. 01/PERUMDAM-BGI/VI/2021. Using a descriptive qualitative approach and integrating theories of policy implementation, administrative law, economic regulation, and constitutional principles on the right to water, the research finds that implementation remains suboptimal. Communication is generally effective, but employees often fail to perform their roles professionally. Resource limitations, including inadequate technical equipment and inaccurate distribution maps, persist despite available funding. While disposition and bureaucratic structures are formally adequate, leadership lacks commitment to assigning tasks based on competence and enforcing decisions consistently. These shortcomings highlight the need for a new implementation model that integrates administrative, economic, environmental, and constitutional legal frameworks with good governance principles to balance operational sustainability and the community’s right to affordable water access.

UNDERSTANDING ADAT LAW NORMS RESISTANCE TO THE PROHIBITION OF PASUNG: LEGAL AND SOCIAL CHALLENGES IN KAPANEWON GIRISUBO, GUNUNG KIDUL

2025-03-10T01:58:41+00:00

The practice of pasung (physical restraint/shackling) of individuals with mental disorders remains prevalent in rural Indonesia, particularly in Kapanewon Girisubo, Gunungkidul, despite its prohibition under Law No. 17 of 2023 on Health and Yogyakarta Governor Regulation No. 81 of 2014. This persistence is driven by entrenched adat (customary) norms, social stigma, economic limitations, and inadequate mental health infrastructure. This study analyzes the interaction between adat law and national legal frameworks in regulating the prohibition of pasung, using a socio-legal approach to explore the dynamics of legal pluralism in mental health governance. Findings show that while national law prohibits pasung, local communities often legitimize it through traditional beliefs and in response to the absence of accessible care. The study concludes that bridging the gap between adat and state law requires culturally sensitive legal strategies and stronger government commitment to expanding mental health services.

LOCAL GOVERNMENT AUTHORITY IN EXERCISING RIGHTS OF CULTURAL PROTECTION AND PRESERVATION IN MALINAU REGENCY

2025-03-14T02:02:35+00:00

This study critically examines the authority of local government in protecting and preserving regional culture in Malinau Regency. It aims to analyze the legal basis for cultural preservation and assess its implementation by the regional government. Using a normative legal research method grounded in the 1945 Constitution and relevant legislation, the study employs a statutory approach supplemented by empirical data collection. Findings indicate that Malinau Regency possesses the authority to enact regional regulations to safeguard local arts and culture from the erosion of traditional values. Such regulations are essential to ensure the sustainability of cultural heritage and must balance academic, ideological, sociological, and economic interests. Furthermore, regional regulations should empower local authorities and promote community participation in the protection, development, utilization, guidance, and supervision of regional culture.

THE ROLE OF GOVERNMENT IN THE FORMATION OF LOCAL WISDOM BASED BUSINESS LEGAL REGULATIONS IN INDONESIA

2025-07-23T02:49:10+00:00

Business law in Indonesia is predominantly shaped by the civil law tradition of continental Europe, resulting in regulations that often overlook local needs and values. The uncritical adoption of foreign legal norms has marginalized indigenous legal traditions, which historically embody principles of ethical commerce and community-based practices. This misalignment between formal regulation and local business conduct creates legal uncertainty, discourages domestic investment, and undermines the competitiveness of local entrepreneurs. To address these challenges, business law reform must integrate cultural values such as consensus-based decision-making (musyawarah), mutual cooperation (gotong royong), distributive justice, and social responsibility, while remaining adaptive to globalization and economic liberalization. Employing a normative legal research method with conceptual and statutory approaches, this study analyzes the integration of local wisdom into business law to strengthen inclusivity, contextual relevance, and sustainability. The findings are expected to contribute theoretically and practically to a national business law framework that not only reflects Indonesia’s constitutional identity but also preserves local culture and reinforces grassroots economic sovereignty.