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p-Index From 2021 - 2026
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All Journal Journal of Legal and Cultural Analytics (JLCA)
Richard
Borobudur University Jakarta
Law, Crime, Criminology & Criminal Justice

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The Lack of Norms in the Settlement of Land Disputes between Indigenous Communities and Land Use Rights Holders within the Framework of National Agrarian Law Reform Mulyana; Richard
Journal of Legal and Cultural Analytics Vol. 5 No. 2 (2026): May 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i2.16684

Abstract

The purpose of this study is to examine the disparity in standards for settling land disputes between communities governed by customary law and those who possess Land Use Rights (HGU) and to develop a fair and legally sound reform strategy for national agrarian law. The Republic of Indonesia's 1945 Constitution, Law Number 5 of 1960 Governing Basic Agrarian Principles, and other relevant regulations are studied using normative juridical research with a legislative methodology and a conceptual approach. The study's findings show that while customary law communities and customary rights are acknowledged, there is no explicit normative framework for governing interactions and resolving conflicts with HGU holders. The gap in norms is reflected in the absence of standard procedures for recognizing customary territories before granting HGU, disharmony of cross-sectoral regulations, and the absence of a specific dispute resolution mechanism that accommodates the characteristics of customary law. This condition results in legal uncertainty and structural injustice for customary law communities. Therefore, it is necessary to reconstruct agrarian law through regulatory harmonization, strengthening the recognition of customary rights, and establishing a dispute resolution mechanism that is more inclusive and responsive to legal pluralism in Indonesia.
Legal Vacuum in the Deferred Prosecution Agreement Mechanism for Corporations Perpetrating Forestry Crimes for the Reform of the Criminal Justice System Deki Hermika; Richard
Journal of Legal and Cultural Analytics Vol. 5 No. 2 (2026): May 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i2.16685

Abstract

This study analyzes the legal vacuum concerning the Deferred Prosecution Agreement (DPA) mechanism for corporations committing forestry crimes and formulates a reconstruction of criminal law policy in Indonesia. Using a normative juridical approach, this research examines the Criminal Code, Criminal Procedure Code, Law Number 18 of 2013, Law Number 32 of 2009, and Supreme Court Regulation Number 13 of 2016. The findings show that although corporate criminal liability has been recognized, conventional law enforcement remains ineffective due to evidentiary difficulties, procedural limitations, and inadequate environmental restoration mechanisms. The DPA concept offers a more efficient and restorative approach by emphasizing corporate compliance, compensation, and environmental recovery. However, the absence of explicit regulation creates legal uncertainty. Therefore, legal reform is needed to incorporate DPA mechanisms into the national legal system while upholding the principles of legality, due process of law, and environmental accountability to strengthen law enforcement and sustainable forest protection.
Reconstruction of Legal Renewal Models for Biometric Data Protection in Digital Identity Verification Services in Indonesia and Its Implications for Public Privacy Rights Akta Wijaya Pramasakti; Richard
Journal of Legal and Cultural Analytics Vol. 5 No. 2 (2026): May 2026
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v5i2.16728

Abstract

This study aims to analyze the legal regulation of biometric data protection in digital identity verification systems in Indonesia, identify existing juridical problems and normative gaps, and formulate an ideal legal reconstruction model. The research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that although Indonesia has established a legal framework through Law Number 27 of 2022 concerning Personal Data Protection, Government Regulation Number 71 of 2019, and constitutional guarantees under Article 28G paragraph (1) of the 1945 Constitution, significant regulatory deficiencies remain. Major issues include inadequate consent mechanisms, the absence of specific standards for biometric data retention and deletion, limited algorithm auditing, and weak accountability for data breaches. These deficiencies create a normative gap between technological development and legal protection. This study proposes a legal reconstruction model emphasizing meaningful consent, risk-based regulation, independent algorithm auditing, strict liability, independent supervision, and the implementation of privacy by design and accountability by design to strengthen legal certainty, privacy protection, and public trust in the digital era.
Co-Authors Akta Wijaya Pramasakti Deki Hermika Mulyana