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All Journal Jurnal Pranata Hukum FIAT JUSTISIA: Jurnal Ilmu Hukum JURNAL PREAVIA JURNAL KONSTITUSI MONOGRAF Jambura Law Review Cepalo Jurnal Pengabdian Dharma Wacana Constitutionale
Yulia Neta .
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Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Education Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

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Legal Discourse on Customary Forest Determination Progressive Law Based Candra Perbawati; Malicia Evendia; Ade Arif Firmansyah; Yulia Neta
Fiat Justisia: Jurnal Ilmu Hukum Vol 17 No 1 (2023)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v17no1.2815

Abstract

Customary forests are an integral part of the life of indigenous and tribal peoples. MK Decision No. 35/PUU-X/2012 is a progressive step stipulating that customary forests are no longer part of State forests. However, after the decision, there is still a long process that the Indigenous Peoples must pass to obtain their rights. This article aims to describe the legal discourse in determining the customary forest. Using doctrinal research methods as well as statutory and conceptual approaches, it was found that: The designation of customary forests is an important matter in the context of implementing the constitutional rights of customary law communities that existed even before Indonesia was established as a sovereign country. The long and procedural process of establishing customary forests requires the support of the regional government through various progressive policies to create indigenous peoples who are sovereign over their customary forests. With the legal credo for humans, progressive law offers an approach that can become the basis for the realization of legal policies for establishing customary forests in the regions.
The Establishment of Village Regulations in the Context of Village Democratization Neta, Yulia; Budiyono, Budiyono; Firmansyah, Ade Arif; Evendia, Malicia
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 2 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no2.3204

Abstract

The enactment of Law Number 6 of 2014 concerning Villages introduces a distinct dimension to the democratization process within villages, emphasizing recognition and subsidiarity that portrays villages not merely as geographic entities but as integral parts of their socio-cultural communities. Currently, the formulation of village regulations as a manifestation of village autonomy remains a stagnant process. This article aims to critically examine the development of village regulations within the framework of village democratization, employing doctrinal research methods alongside statutory and conceptual approaches. Findings reveal that village regulations constitute a subset of statutory regulations, incorporating provisions from higher-level frameworks while embodying community participation grounded in village-specific authority and rights. The transformation prompted by Law Number 6 of 2014 enhances the scope for village democratization, influencing the formulation of regulations that must meet both substantive and procedural requirements, thus presenting villages with opportunities and challenges in realizing local democratization effectively.
The Model Of Local Regulation Of The Human Rights Fulfillment Based On Progressive Law Neta, Yulia; Budiyono, Budiyono; Firmansyah, Ade Arif
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (619.011 KB) | DOI: 10.33756/jlr.v3i0.7301

Abstract

One of the materials for the amendment of the 1945 Constitution is the guarantee of human rights and constitutional rights of citizens. This change can be seen as a manifestation of awareness about the importance of protecting the human rights and constitutional rights of citizens, which grows and becomes the spirit of reform. Local governments have an important role in presenting the spirit of reform by presenting Regional Regulations for the Fulfillment of Human Rights. The material model for the content of the Local regulation Fulfillment of Human Rights based on progressive law relies on three things, namely: laws and regulations that regulate human rights both vertically and horizontally, the contextual reality of the recognition and protection of human rights found in local communities and thirdly for humans and humanity. Systematically, the division of chapters containing the content in it consists of: general provisions; principles and objectives; type of human rights; human rights recognition; protection of human rights; fulfillment of human rights; community participation; guidance and supervision; funding and closing provisions. By using the socio-legal approach, this paper describes the material model for the content of regional regulations regarding the fulfillment of human rights based on progressive law.
Co-Authors Agsel Awanisa Budiyono Budiyono Candra Perbawati Dian Kagungan Erna Sari, Erna Feni Rosalia Firmansyah, Ade Arif Malicia Evendia Melisa Melisa Muhtadi Muhtadi Yusuf Mulya Kharismawan