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All Journal Legalis : Journal of Law Review
Rusfandi
Universitas Wiraraja
Law, Crime, Criminology & Criminal Justice

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Legal Formulation and the Direction of Legitimacy of the Carok Madura Tradition as Folklore for Strengthening National Identity Evi Dwi Hastri; Rusfandi
Legalis : Journal of Law Review Vol. 4 No. 1 (2026): January 2026
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i1.1229

Abstract

This study examines the legal positioning of the carok tradition within the framework of Indonesian cultural and legal governance. Rather than approaching carok as a normative or value-laden practice, the research analyzes it as a socio-cultural phenomenon whose status remains legally ambiguous. Using a normative legal research method with a statutory and conceptual approach, the study explores how existing legal instruments regulate cultural preservation and how they relate to the transformation of traditional practices into recognized cultural expressions. The findings indicate that although various national legal instruments provide a general framework for cultural protection, they do not specifically regulate or classify carok as an object of cultural preservation. This regulatory gap limits its formal recognition within cultural policy and constrains its potential integration into cultural and creative development programs. The study concludes that a clearer legal framework is required to situate carok within the domain of cultural heritage, not as an endorsement of past practices, but as a regulated cultural expression aligned with principles of legal certainty, cultural preservation, and sustainable cultural development.
Disagreements in Boundary Interpretation Under UNCLOS 1982: The Indonesia–Malaysia Maritime Dispute Over Sipadan-Ligitan and Ambalat Evi Dwi Hastri; Rusfandi; Herowati Poesoko; Abintoro Prakoso; Muhammad Khalid Ali
Legalis : Journal of Law Review Vol. 4 No. 3 (2026): July 2026
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v4i3.1604

Abstract

Maritime boundary disputes between Indonesia and Malaysia reflect the structural complexity of applying the provisions of the United Nations Convention on the Law of the Sea (UNCLOS 1982). This normative legal research analyzes the normative ambivalence within UNCLOS 1982 specifically Articles 15, 74, 83, and 121 and its implications for the Sipadan-Ligitan and Ambalat Block disputes. The findings reveal distinct resolution mechanisms for each case: the Sipadan-Ligitan dispute was definitively resolved through international litigation at the International Court of Justice (ICJ) in 2002 based on the principle of effectivités, whereas the Ambalat dispute remains unresolved in terms of final boundary delimitation and continues to be managed via non-litigious diplomatic negotiations. This study argues that international litigation poses significant risks of permanent territorial loss for Indonesia. Consequently, a non-litigious approach specifically a combination of sustained diplomatic negotiations, provisional arrangements, and joint development agreements under Article 83(3) of UNCLOS constitutes the most appropriate, pragmatic, and mutually beneficial mechanism for resolving maritime boundary overlaps in the Ambalat Block.
Co-Authors Abintoro Prakoso Evi Dwi Hastri Herowati Poesoko Muhammad Khalid Ali