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All Journal UIR LAW REVIEW The Indonesian Journal of Socio-Legal Studies
Cassandro, Izan Mateo
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Education Law, Crime, Criminology & Criminal Justice

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Indigenous Peoples’ Natural Resource Rights: Why Environmental Law Protection Fails in Indonesia? Vinata, Ria; Sadiyah, Nur Khalimatus; Kartoningrat, Raden Besse; Cassandro, Izan Mateo; Mubaarak, Zulfikar Ahmad Husni
UIR Law Review Vol. 10 No. 1 (2026): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2026.vol10(1).28808

Abstract

Indonesia possesses abundant natural resources and is home to hundreds of indigenous communities whose customary territories have long been managed through traditional ecological knowledge that supports environmental sustainability. Despite constitutional and statutory recognition of indigenous peoples' natural resource rights, persistent conflicts over land, forests, and resource exploitation demonstrate significant weaknesses in their legal protection. This study examines the protection of indigenous peoples' natural resource rights from the perspective of environmental law, and the legal and institutional obstacles that hinder effective implementation. The research employs a normative legal method using statutory and conceptual approaches by analyzing the 1945 Constitution, Law No. 5 of 1960, Law No. 32 of 2009, Constitutional Court Decision No. 35/PUU-X/2012, ILO Convention No. 169, and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) 2007. The findings reveal that Indonesia has established a relatively comprehensive legal framework recognizing indigenous peoples’ rights, however, this recognition remains largely declaratory because it is not supported by coherent implementing legislation or effective institutional mechanisms. Consequently, indigenous communities continue to experience tenure insecurity, overlapping land claims, exclusion from decision-making, and unequal access to justice. The study demonstrates that the principal failure lies not in the absence of legal recognition but in fragmented governance and weak enforcement. It contributes by proposing integrated legal and institutional reforms that align environmental protection with the effective realization of indigenous peoples’ natural resource rights.
Rehabilitation or Retribution? A Socio-Legal Comparison of Criminal Sanctions and Social Reintegration in Indonesia and Spain Arifin, Ridwan; Cassandro, Izan Mateo
The Indonesian Journal of Socio-Legal Studies
Publisher : UI Scholars Hub

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Abstract

This study examines the legal, institutional, and socio-cultural mechanisms influencing the social reintegration of ex-offenders in Indonesia and Spain. Despite a global trend toward rehabilitative approaches, practical implementation reveals significant divergence due to structural, cultural, and economic factors. Indonesia’s penal system, guided by Law No. 22 of 2022 and the new Criminal Code (KUHP), emphasizes statutory rehabilitation and vocational and spiritual programs. However, challenges such as prison overcrowding, limited post-release support, and societal stigma constrain effectiveness. Judicial decisions indicate cautious application of restorative provisions, reflecting both public expectations and institutional limitations. In Spain, rehabilitation is constitutionally entrenched under Article 25(2) of the Constitution and operationalized through the General Penitentiary Organic Law (Ley Orgánica General Penitenciaria; LOGP), which mandates individualized treatment, progressive custody, and open-regime programs. Court rulings reinforce the rights of inmates and ex-offenders to social reintegration, while structured vocational, psychological, and community programs enhance post-release outcomes. Socio-legal analysis shows that Indonesia’s reintegration is vulnerable to societal exclusion, whereas Spain demonstrates effective alignment between law, institutional capacity, and cultural legitimacy. The study integrates theoretical frameworks such as labelling theory, desistance theory, and reintegrative shaming to explain the interplay between law, institutions, and social contexts. Findings indicate that successful social reintegration requires coordinated legal, institutional, and societal mechanisms, with attention to economic inclusion and cultural acceptance.
Co-Authors Kartoningrat, Raden Besse Mubaarak, Zulfikar Ahmad Husni Ridwan Arifin Sadiyah, Nur Khalimatus Vinata, Ria