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All Journal Sriwijaya Law Review Airlangga Development Journal
Fitriany, Shafyra Amalia
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Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences

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Constitutional Protection of Cultural Heritage in Indonesia: The Role of Museums in Preserving National Identity and Public Welfare Ristawati, Rosa; Salman, Radian; Fitriany, Shafyra Amalia; Taskesen, Suat
Sriwijaya Law Review Volume 9 Issue 1, January 2025
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol9.Iss1.3348.pp49-70

Abstract

Cultural heritage is a fundamental asset in promoting cultural diversity and facilitating access to education, social values, science, technology, and tourism. Museums play a pivotal role in preserving cultural heritage and fulfilling constitutional obligations, as enshrined in the Indonesian Constitution. Protecting cultural heritage is essential for maintaining national identity and upholding citizens' constitutional rights, particularly in education and cultural participation. This study analyses the constitutional framework and government policies related to cultural heritage protection, with a specific focus on museums in Indonesia. Employing a statute-based and comparative approach, the research examines constitutional provisions such as Article 18B(1) of the Indonesian Constitution, which mandates the state’s responsibility to preserve cultural heritage and safeguard indigenous communities' rights. Despite this constitutional obligation, challenges such as limited financial resources, inadequate maintenance, and institutional constraints hinder the effective operation of museums. The findings emphasize that strengthening museums is not only necessary for heritage conservation but also for fostering national and local values that define Indonesia’s constitutional identity. The study argues that the government must implement more comprehensive policies and allocate sufficient resources to enhance museums’ role in cultural preservation, ensuring their sustained contribution to public welfare and national development.
LICENSING IN THE FRAMEWORK OF URBAN PLANNING: LAW AGAINST THE GOVERNMENT Fitriany, Shafyra Amalia
Airlangga Development Journal Vol. 9 No. 2 (2025): AIRLANGGA DEVELOPMENT JOURNAL
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/adj.v9i2.53634

Abstract

In the context of urban planning, licensing play a very important role as a tool to regulate development activities in a particular area. The state holds authority over the wealth of natural resources, including land, which is then managed by the government. The government, wielding this authority, needs to be restrained because its actions can have legal consequences. This article elucidates how permits are regulated by the law and the legal ramifications for the government. It adopts a normative juridical approach focusing on the use of literature or secondary data. The specification utilized is analytical-descriptive. The article addresses two main questions: 1) In safeguarding the public against government actions, the law must function by providing justice, legal certainty, and utility. This also involves the emergence of preventive and repressive legal protection. 2) In terms of urban planning, especially licensing,, if discrepancies arise, administrative law should take precedence to ensure compliance with jurisdictional boundaries up to its procedural regulations. Keywords: Government Actions, Legal Consequences, Legal Protection, Licensing, Urban Planning.
Co-Authors Radian Salman Rosa Ristawati Taskesen, Suat