Article Per Year (5 Year)
p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Genesis Law and Social Sciences
Mohammad Rafsanjani Akbar
Penn State Dickinson Law, University Park 16802, United States of America

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Comparison of the Helsinki MoU 2005 and the Final Peace Agreement 1996: A Case Study of Aceh, Indonesia and Mindanao, Philippines Mohammad Rafsanjani Akbar; Jamaluddin Jamaluddin
Genesis Law and Social Sciences Vol. 1 No. 1 (2025): May 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i1.79

Abstract

Separatist conflicts in Southeast Asia, particularly in Aceh and Mindanao, have posed enduring challenges to national integration and regional peace. This study examines and compares the Helsinki Memorandum of Understanding (2005) and the Final Peace Agreement (1996) as frameworks for resolving these long-standing insurgencies in Indonesia and the Philippines. While both agreements aimed to establish autonomy and end armed conflict, their implementation and outcomes diverged significantly. Employing a qualitative comparative case study approach, the research analyzes legal texts, policy documents, and scholarly literature across five key dimensions: legal legitimacy, political participation, fiscal autonomy, security arrangements, and socio-economic impact. The findings indicate that the Helsinki MoU achieved more durable peace through comprehensive legal integration, inclusive governance, and stable fiscal mechanisms. In contrast, the FPA was hampered by weak institutional support, exclusion of critical stakeholders, and financial dependency, leading to continued unrest and eventual renegotiation. These results highlight the necessity of legally grounded, inclusive, and well-resourced agreements in achieving sustainable conflict resolution.
The Urgency of Regulating Air Rights and Transfer of Development Rights (TDR) in Indonesia’s Land Law System: A Jakarta Case Study Mohammad Rafsanjani Akbar; Ghazi Ahmad Tijani
Genesis Law and Social Sciences Vol. 1 No. 2 (2025): November 2025
Publisher : Graha Primera Saintifika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61975/glass.v1i2.104

Abstract

Jakarta faces severe land constraints due to its high population density (over 14,000 people per sq km). This pressure has driven vertical development and innovative urban projects, highlighting the urgency for clear legal frameworks on air rights and Transfer of Development Rights (TDR). Air rights refer to the ability to use or develop the space above land, while TDR is a planning tool allowing the transfer of unused building potential from one parcel to another. Currently, Indonesia’s land law system lacks explicit regulations for these concepts, creating legal uncertainties and limiting urban planners’ flexibility. This research examines the need for formalizing air rights and TDR in Indonesian agrarian law, using Jakarta as a case study. A comparative analysis with practices in the United States and Singapore is conducted to glean insights into how robust air rights and TDR regimes can guide sustainable urban growth. Findings indicate a significant regulatory gap: existing laws (e.g., Basic Agrarian Law of 1960) do not accommodate separate airspace utilization or development rights trading. International examples demonstrate that well-regulated air rights and TDR mechanisms help preserve essential spaces (farmland, heritage sites) while promoting strategic densification. The study concludes with recommendations (ius constituendum) for Indonesian legal reforms to integrate air rights and TDR, ensuring Jakarta and other cities can optimize vertical space and direct development in a controlled, equitable manner.
Co-Authors Ghazi Ahmad Tijani Jamaluddin Jamaluddin