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All Journal Jurnal Kajian Pembaruan Hukum Business and Human Rights Law and Policy
Answendy, Putri Riska
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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Strengthening Customary Forest Rights for Indigenous People in Indonesia Green Constitution Framework Nugraha, Xavier; Wibisono, Angelica Milano Aryani; Angelia, Alissa; S., Bryan Owen; Answendy, Putri Riska
Jurnal Kajian Pembaruan Hukum Vol. 3 No. 2 (2023): July-December 2023
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v3i2.43367

Abstract

The ongoing struggle of indigenous people fighting for their rights to preserve the customary forests underscores the critical need to protect both cultural heritage and environment. This research focuses on implementing the Green Constitution in Indonesia, aiming to strengthen the existence of indigenous peoples and their customary rights to customary forests. However, there are significant problems with Article 33(3) of the 1945 Constitution which emphasizes the welfare of the people through the exploitation of natural resources, often neglecting aspects of environmental conservation and contradicting Indonesia's commitment to the Sustainable Development Goals (SDGs). As a result, the Indonesian Constitution has an anthropocentric orientation that prioritizes environmental preservation for human interests rather than fully reflecting the Green Constitution principles that emphasize environmental sustainability in line with human needs. The research used in this study is juridical-normative approach to analyze the law and relevant regulation regarding the issue at hand to identify possible solution towards the existing legal issues. This research identifies two main problems: first, to what extent the 1945 Constitution reflects the principles of the Green Constitution, and second, how efforts to strengthen the rights of indigenous peoples to customary forests reflect the Green Constitution. The results show that the 1945 Constitution has not fully adopted the principles of the Green Constitution, therefore measures are needed to strengthen the rights of indigenous peoples related to customary forests, including the elimination of conditional recognition through judicial interpretation of Article 18B paragraph (2) of the 1945 Constitution, to secure environmental conservation democratically and sustainably.
Navigating Reputation and Surviving Online Defamation Answendy, Putri Riska
Business and Human Rights Law & Policy Vol. 1 No. 2 (2025): Business and Human Rights Law & Policy - August
Publisher : Center for Law and Responsible Business Studies

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Abstract

In the digital age, reputation is more vulnerable than ever due to the rapid dissemination of information across online platforms. With the exponential growth of data flows globally, a single negative online review can significantly damage the credibility and success of professional service providers, such as lawyers and doctors. This essay explores the complex intersection between online reviews, reputation, and defamation. It questions whether businesses, particularly professional service providers, should be allowed to sue for defamation in response to harmful online reviews. Drawing on both normative theories and real-world examples, this article examines the evolving definition of reputation, the legal standards of defamation, and how digital platforms complicate traditional legal frameworks. The analysis is supported by statistical evidence from Australia, which shows a substantial increase in digital defamation cases over the past decade. Additionally, this article delves into the motivations behind online reviews and their growing influence on consumer behaviour. Anonymity in online reviews, while protecting users, also raises concerns over accountability. This article argues for a balanced approach that upholds freedom of expression while protecting professional reputations from unjustified harm. Ultimately, it advocates for clearer legal standards and improved digital literacy to navigate defamation in the online era.
Co-Authors Angelia, Alissa Nugraha, Xavier S., Bryan Owen Wibisono, Angelica Milano Aryani