M. Hamidi Masykur
Faculty of Law, Universitas Brawijaya

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Resolving Disputes Arising from Land Acquisition for Public Purposes Involving Indigenous Peoples in the Nusantara Capital Region Iwan Permadi; M. Hamidi Masykur; Herlindah Herlindah; Setiawan Wicaksono; Md Yazid Ahmad
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i2.731

Abstract

This research endeavors to investigate the intricate process of dispute resolution pertaining to conflicts that emerge between indigenous communities inhabiting the candidate site for the State Capital (Nusantara Capital City) and the Nusantara Capital Authority, a ministry-level institution endowed with the responsibility of overseeing regional administration within the Nusantara Capital City. Spanning an expansive 256,142 hectares of land, the Nusantara Capital City landscape harbors a mosaic of 17 indigenous communities in North Penajam Paser Regency and 34 indigenous communities in Kutai Kertanegara Regency, collectively comprising over 20,000 members, as documented by the Indigenous Peoples Alliance (Aliansi Masyarakat Adat). The procurement of land for the Nusantara Capital City's expansion has engendered protracted conflicts, notably pertaining to the resettlement of indigenous communities and the determination of suitable compensation areas. These conflicts persist without the presence of regulatory safeguards that could protect the rights and interests of indigenous communities while satisfying the exigencies of Nusantara Capital City development. The Indigenous Peoples Draft Law, despite its relevance, fails to address the intricacies of resolving disputes arising from land acquisition for public purposes. Similarly, the existing frameworks for land acquisition designed for public interest do not adequately address conflicts involving indigenous communities that lack legal recognition. Consequently, this research endeavors to propose a comprehensive conflict resolution framework rooted in the fundamental human rights of indigenous peoples, while also accommodating the imperatives of developmental investment. This approach seeks to strike a harmonious balance between the preservation of indigenous rights and the fulfillment of Nusantara Capital City's development needs.
Legal Reform the Meaning of Final and Binding Decisions of the Consumer Dispute Resolution Agency (Review of the Consumer Protection Act and Supreme Court Cassation Decision) Nayila Rehman; M. Hamidi Masykur; Setiawan Wicaksono
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i2.2508

Abstract

Consumer disputes in Indonesia can be resolved outside the court system through the Consumer Dispute Settlement Agency (BPSK), which issues decisions considered final and binding. Despite this, the legal framework permits objections to these decisions at the District Court, and further appeals to the Supreme Court, leading to considerable legal uncertainty. This research seeks to clarify the true nature of final and binding as applied to BPSK decisions under Article 54(3) of Law 8/1999. Utilizing a normative juridical approach with both statute and case law analysis, the study highlights a critical inconsistency: the finality of BPSK decisions does not align with the finality of Constitutional Court decisions. While regulations such as Kepmen 350/2001 and Perma 1/2006 were introduced to address these issues, BPSK still encounters practical difficulties in implementing Law 8/1999 effectively. The urgency of this research is underscored by the ongoing legal ambiguity surrounding BPSK decisions, which undermines public confidence and the effectiveness of the dispute resolution process. The findings reveal that despite regulatory attempts, the current legal framework fails to provide the necessary clarity and consistency. To address these challenges and enhance legal certainty for the public, this study advocates for a revision of the Consumer Protection Act (UUPK). Such a revision would ensure a more coherent and reliable framework for final and binding decisions by BPSK, thereby improving the overall efficacy of consumer dispute resolution in Indonesia.