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Implications Of Control Of Coastal Lands By Foreigners In The Tourism Business SUJANA, I Nyoman; RIBEIRO, Leonito; WESNA, Putu Ayu Sriasih; UTAMA, I Wayan Kartika Jaya
Protection: Journal Of Land And Environmental Law Vol. 1 No. 2 (2022): Protection: Journal Of Land And Environmental Law. (November – February 2023)
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (204.077 KB) | DOI: 10.38142/pjlel.v1i2.472

Abstract

The focus of the study in this paper is the legal aspects of coastal land control by foreigners in Bali to benefit the tourism business. In analyzing these legal issues, the author uses empirical legal research methods with a statutory approach, a conceptual approach, a sociological approach, and a case approach. Based on the theory of authority, the theory of expediency, and the theory of legal protection as an analytical knife, the tourism business in Bali cannot be separated from the existence of foreigners. Similarly, the control of coastal land in Bali-pun does not escape the control of foreigners, both through legal investment and some illegal, by utilizing mutually beneficial cooperation between residents and with prajuru Indigenous Villages on the basis of sharing profits.It is in this philosophy that the principle of good faith in investing is reflected so that the possession of coastal lands by foreigners for the benefit of the tourism business is obliged to respect this very noble principle; however, in empirical facts, it turns out that the control of coastal lands in Bali by foreigners under the guise of mutually beneficial cooperation is likely to harm the use of indigenous villages in carrying out the religious values attached to these coastal lands. So that in this case, the concept of mutually beneficial cooperation is contained in the lousy faith of foreigners to control the land of Bali to get personal benefits at the expense of Balinese nature wrapped in mutually beneficial Works.
Comparative Legal Study on Gender Equality and Female Leadership in Indonesian and Dutch Higher Education Suhartono, Rizki Mustika; Mashendra, Mashendra; Ribeiro, Leonito; Suhartono, Mutia Aprilia; Rachman, Sulyanti
SASI Volume 31 Issue 3, September 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i3.3035

Abstract

Introduction: This article explores the ongoing global issue of gender equality and female leadership in higher education. While many countries have adopted gender-inclusive policies, practical implementation remains inconsistent. Western countries such as the Netherlands demonstrate measurable progress, whereas Southeast Asian nations like Indonesia face persistent cultural and structural barriers. Prior studies tend to focus on sociological or institutional aspects, with limited comparative legal analysis.Purposes of the Research: The aim of this study is to explore and compare legal guarantees, national policies, and institutional practices that affect women's access to leadership positions in universities in Indonesia and the Netherlands, to identify legal barriers and propose normative strategies in support of more inclusive academic leadership.Methods of the Research: This research employs normative legal methods with a comparative law approach. It analyzes constitutional provisions, gender equality statutes, higher education regulations, and leadership policies from both countries, supported by literature review and document study.Results of the Research: The findings show that the Netherlands has established stronger legal enforcement for gender equality in academic leadership through comprehensive legal instruments and monitoring mechanisms. In contrast, Indonesia, despite recognizing gender equality in its legal framework, lacks effective implementation mechanisms. The novelty of this research lies in its comparative legal perspective and its recommendation to integrate normative legal approaches with contextual cultural values to promote inclusive governance in higher education.
THE STATE OF LAW AND DEMOCRACY: THE REALITY OF STATE IN THE CONSTITUTIONAL SYSTEM IN INDONESIA Thamrin, Husni; Thamrin, Muhammad Arganata; Fahrudin, Muhammad Husni; Ribeiro, Leonito
Awang Long Law Review Vol. 8 No. 2 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i2.2028

Abstract

Indonesia constitutionally affirms itself as a state based on law (rechtsstaat), but in practice, tensions often arise between the supremacy of law and political interests. This article aims to analyze the dialectical relationship between the concept of the rule of law and democracy in the Indonesian constitutional system, particularly in the context of post-2024 election dynamics. Using a normative legal approach and an analysis of responsive legal typology by Philippe Nonet and Philip Selznick, this study finds that law enforcement in Indonesia still faces major challenges in the form of legal politicization, the weakening of independent institutions, and a shift towards semantic constitutionalism. This study concludes that strengthening constitutional democracy requires the integration of responsive law, strong political ethics, and constitutional adaptation to digital disruption to maintain genuine popular sovereignty.
Legal Governance of Traditional Health Practitioners in Plural Legal Systems: Indonesia and China Suhartono, Mutia Aprilia; Suhartono, Rizki Mustika; Salam, Safrin; Ribeiro, Leonito
SASI Volume 32 Issue 2, June 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i2.3706

Abstract

Introduction: This article examines the legal governance of traditional health practitioners within plural legal systems in Indonesia and China. Although traditional health practices function as living law rooted in customary knowledge, state regulation increasingly subjects them to licensing, standardization, and administrative control. This condition raises legal tension between customary norms and formal health law, particularly regarding professional recognition, legal authority, and protection of traditional knowledge within modern healthcare systems. Purposes of the Research: The purpose of this study is to analyze and compare how Indonesia and China regulate traditional health practitioners within plural legal systems, focusing on licensing mechanisms, state recognition, and the position of traditional knowledge as living law under contemporary health governance. Methods of the Research: This research employs normative legal research using a comparative law approach. The study applies statute and conceptual approaches to examine laws, regulations, and policy frameworks governing traditional health practitioners in Indonesia and China. Legal materials are analyzed qualitatively to identify governance models and normative gaps. Results of the Research: The findings show that both Indonesia and China formally recognize traditional health practitioners but regulate them through state-centric licensing systems that marginalize customary governance. China integrates traditional practitioners into its national health system, while Indonesia maintains fragmented regulation with limited customary recognition. This study contributes novel insights by positioning traditional health practice as living law and proposing the need for sui generis governance models that reconcile legal pluralism with regulatory certainty.