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Dede Agus
Universitas Sultan Ageng Tirtayasa
Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL PLURALISM AND THE RECOGNITION OF INDIGENOUS LAND RIGHTS: A COMPARATIVE STUDY OF INDONESIA, THE PHILIPPINES, AND CANADA Achmad Jaelani; Reza Kautsar Kusumahpraja; Dede Agus; Jarkasi Anwar; Aristama Mega Jaya
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21162464

Abstract

The regulation of customary land rights (hak ulayat) in Indonesia’s agrarian legal system reflects a structural tension between formal recognition and practical implementation. Although the 1945 Constitution of the Republic of Indonesia and the Basic Agrarian Law (UUPA) recognize indigenous peoples’ rights, such recognition remains conditional and administratively dependent, resulting in a subordinated legal position of indigenous communities. This study comparatively examines customary land governance in Indonesia, the Philippines, and Canada to identify divergent models of indigenous land recognition and to formulate an ideal regulatory framework for Indonesia. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. It analyzes Indonesia’s agrarian framework, the Indigenous Peoples’ Rights Act (IPRA) of the Philippines, and the doctrine of Aboriginal title within Canadian jurisprudence. Findings indicate that Indonesia applies a conditional administrative recognition model, the Philippines adopts a statutory affirmative model through Certificates of Ancestral Domain Title (CADT) and Free, Prior, and Informed Consent (FPIC), while Canada develops a constitutional-judicial model grounded in historical occupation, reinforced by fiduciary duty and meaningful consultation. These differences reflect varying degrees of legal certainty and institutional protection of indigenous land rights. The study concludes that Indonesia requires reconstruction toward a constitutional-pluralist model grounded in dignified justice, operationalized through declaratory recognition, binding territorial demarcation, substantive consent requirements, independent dispute resolution mechanisms, and a strict public interest test for state intervention.
Perlindungan Hukum Pembeli Produk Tidak Sesuai Dihubungkan Undang-Undang Nomor 8 Tahun 1999 Farhan Fatihuddin; Dede Agus; Jarkasi Anwar
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4922

Abstract

One of the most significant digital developments is online shopping. Online shopping is highly favored by the public because it is considered to facilitate transactions. However, there are negative impacts, including dishonest merchants when marketing products, which results in losses for consumers. Therefore, the author wants to understand how legal protection is provided for consumers who lack government oversight, as well as the legal remedies that can be taken based on Law Number 8 of 1999 concerning Consumer Protection. This research method is normative-empirical law. The data used in this study are secondary and primary data. The technique for collecting secondary data is a literature study and primary data through interviews. Data processing in this study is a literature study and field. This research analysis uses a qualitative approach. The results of the study indicate that sellers are proven to not pay attention to consumer protection because they found discrepancies in the goods received, which harm consumers. It is also explained that consumers will be protected by Law Number 8 of 1999 if the consumer feels disadvantaged by the product being sold. Consumers have the right to receive comfort, security, and safety in using a product being sold to them.
Perbandingan Tanggung Jawab Hukum Pekerja Outsourcing di Indonesia dan Amerika Serikat dalam Hukum Ketenagakerjaan Aisya Wiradrana Wasistha; Agus Prihartono; Dede Agus
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.4978

Abstract

This study aims to compare the legal responsibility regulations governing outsourcing workers in Indonesia and the United States from the perspective of Indonesia’s Law No. 13 of 2003 on Manpower and the National Labor Relations Act (NLRA). The research was conducted to identify the differences in worker protection, especially regarding employment contracts, wages, social security, and legal certainty. Using a normative juridical method with statutory, conceptual, and comparative approaches, data were obtained from primary legal materials such as legislation, secondary materials including academic literature and journals, and tertiary materials as supporting references. The analysis employed a descriptive-analytical method to compare the substance and implementation of outsourcing regulations in both countries. The results indicate that Indonesia’s outsourcing regulations remain limited and often create legal uncertainty, particularly after the enactment of the Job Creation Law, which expanded outsourcing practices without strengthening worker protection. Conversely, the United States provides more comprehensive protection through the NLRA, the Fair Labor Standards Act (FLSA), and the Civil Rights Act, ensuring the right to organize, regulating minimum wages and working hours, and prohibiting discrimination. The study concludes that weak supervision, unclear legal interpretation, and low compliance are the main obstacles in Indonesia, while in the U.S., the “at-will” employment system remains the key factor reducing job security for outsourcing workers.
Pertanggungjawaban Hukum dan Kerugian Konsumen dalam Pemalsuan BBM: Studi Kasus Pemalsuan Pertamax di SPBU 34.151.39 Tangerang Achmad Hafizh Sirait; Dede Agus; Jarkasi Anwar
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5079

Abstract

This study aims to analyze consumer legal protection against Pertamax fuel This study examines the legal accountability of business actors and the losses suffered by consumers in the Pertamax fuel counterfeiting case at Gas Station 34.151.39 in Tangerang City. The research aims to analyze the extent of consumer protection, the legal responsibilities arising from the distribution of counterfeit fuel, and the violation of good faith principles in business practices. Using a qualitative method with a case study approach, data were obtained through in-depth interviews with consumers and relevant stakeholders, field observations, and analysis of regulatory documents and supervisory reports. The study applies Philipus M. Hadjon’s Legal Protection Theory, covering preventive, repressive, and remedial mechanisms. The findings reveal that fuel adulteration—such as mixing lower-grade fuel with coloring substances to resemble Pertamax—results in significant financial and technical losses, including engine damage and reduced vehicle performance. Legal protection remains ineffective due to weak supervision and limited enforcement against business actors. The gas station operator is legally obligated, under Article 19 of the Consumer Protection Act, to provide compensation through refunds, product replacement, or other statutory remedies. The study concludes that strengthening monitoring, imposing strict sanctions, and enhancing consumer awareness are essential to ensuring effective legal protection and safeguarding consumer rights in fuel distribution.
Perlindungan Hukum Terhadap Pekerja Dengan Perjanjian Kerja Waktu Tertentu Yang Terkena Pemutusan Hubungan Kerja (Studi Putusan Nomor 20/Pdt.Sus-PHI/2024/PN Sby dan Nomor 927 K/Pdt.Sus-PHI/2024) Felicia Natasha Dagali; Agus Prihartono; Dede Agus
Journal of Contemporary Law Studies Vol. 3 No. 1 (2025): November
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v3i1.5085

Abstract

Termination of employment of workers under Fixed-Term Employment Agreements (PKWT) remains a significant issue, particularly when employers terminate contracts verbally and without adhering to legal procedures, creating uncertainty and neglect of workers’ rights. This study identifies two problems: the form of legal protection granted to PKWT workers who are terminated early, and judicial considerations in resolving such disputes as reflected in Decisions Number 20/Pdt.Sus-PHI/2024/PN Sby and 927 K/Pdt.Sus-PHI/2024. Using a normative juridical method with statutory, conceptual, and case approaches, the research analyzes labor regulations, legal doctrines, and relevant court judgments. The findings show that PKWT workers terminated before the contract’s expiration are entitled to compensation and damages under Article 62 of the Manpower Act and Government Regulation Number 35 of 2021. Verbal termination is deemed procedurally defective because it omits mandatory written notification. Both the first-instance court and the Supreme Court held that the employer lacked a lawful basis for termination and consequently must provide full compensation. These decisions reinforce legal certainty and highlight that employers may not end PKWT contracts unilaterally without legitimate grounds and proper procedures. The study concludes that strong legal protection is essential to prevent arbitrary termination and ensure the fulfillment of workers’ rights.
Co-Authors Achmad Hafizh Sirait Achmad Jaelani Agus Prihartono Ahmad Akmal As Syauki Aisya Wiradrana Wasistha Anne Gunawati Anne Gunawati Aristama Mega Jaya Farhan Fatihuddin Felicia Natasha Dagali Jarkasi Anwar Lia Riesta Dewi Muslih, Muhamad Nuryati Solapari R A Ratna Juwita Dewi Saraswati Rani Sri Agustina Reza Kautsar Kusumahpraja Rully Syahrul Mucharro Sabrina Sugiatna Siti Safitri Yosefine Yosefine