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All Journal Cakrawala Pendidikan Jurnal Civics: Media Kajian Kewarganegaraan Masalah-Masalah Hukum Jurnal Kesehatan Lingkungan indonesia Bestuur Yustisia Jurnal Pranata Hukum International Conference on Law, Business and Governance (ICon-LBG) Al-Ihkam: Jurnal Hukum dan Pranata Sosial Musawa : Jurnal Studi Gender dan Islam Jurnal Hukum IUS QUIA IUSTUM Journal of Indonesian Legal Studies Jurnal Hukum dan Pembangunan Ekonomi Hasanuddin Law Review PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada Constitutional Review Substantive Justice International Journal of Law Citizenship Jurnal Pancasila dan Kewarganegaraan Khazanah Hukum JHCLS Administrative and Environmental Law Review Al-Istinbath: Jurnal Hukum Islam Journal of Sustainable Development and Regulatory Issues SASI Scientific Development Journal Siber International Journal of Advanced Law Technology and Economics Law Journal
I Gusti Ayu Ketut Rachmi Handayani
UNS
Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Portrait of Ulayat Land Conflicts in Minangkabau Customary Law Community: Alternative Resolutions Under Islamic Law Iswari, Fauzi; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 1 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i1.11066

Abstract

This research aims to describe an overview of the existence of ulayat land in the Minangkabau customary law community, the characteristics of ulayat land conflicts that occur in the Minangkabau customary law community, and alternative solutions to conflict resolution of ulayat land in the Minangkabau customary law community according to Islamic law. This research is a normative legal research conducted using the comparative legal study approach method. The legal material used comes from library materials or secondary data, then the data is analysed qualitatively juridically. Based on the results of the research, it can be explained that the existence of ulayat land in customary law communities has been recognised in various laws and regulations. However, horizontal and vertical conflicts still occur in the community. Litigation settlement, it turns out, has not been able to bring justice to customary law communities. This is because the resolution of conflicts over ulayat rights tends to prioritise the aspect of formal legality alone. Therefore, in resolving various customary land conflicts that occur, it is a necessity for Minangkabau customary law communities that make Islam the only religion adopted to consider ways of dispute resolution based on Islamic law, such as through ishlah or peace. Thus, in the midst of legal pluralism that applies in Indonesia, in addition to State law, the provisions in Islamic law and customary law should also be used as a reference in resolving any ulayat land conflicts in the community.
Legal Gaps in Personal Data Protection: Reforming Indonesia’s Population Administration Law Triyanti, Ninuk; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.6177

Abstract

This study critically examines the existing legal framework for personal data protection within Indonesia’s population administration system. Through a normative legal research approach, it identifies significant regulatory gaps that leave personal information vulnerable to misuse and breaches. The results show that the current legal policies remain insufficient, as numerous aspects of personal data protection have yet to be explicitly regulated in the Population Administration Law. Despite the enactment of a national personal data protection law, its effectiveness is undermined by the lack of comprehensive integration into the Population Administration Law. This research proposes reconstructing the legal framework to address essential aspects of data management—such as collection, utilization, safeguarding, exchange, and misuse prevention—while establishing clear access rights, prohibitions on unauthorized activities, and a structured system of proportional sanctions. By incorporating specialized legal provisions and aligning with international best practices, these reforms would strengthen Indonesia’s data protection framework, enhance public trust, and reinforce the government’s role in safeguarding citizens’ personal information.
Analysis of Land Rights Certificate Overlapping Occurrence Suryajaya, Jonathan Chandra; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
Siber International Journal of Advanced Law (SIJAL) Vol. 2 No. 4 (2025): Siber International Journal of Advanced Law (April - June 2025)
Publisher : Siber Nusantara Review & Yayasan Sinergi Inovasi Bersama (SIBER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/sijal.v2i4.170

Abstract

Article 4 of the UUPA states that based on the right of control by the state, various types of land rights are determined that can be granted to individuals or groups. The purpose of this study is to determine To analyze and review the Legal Basis for the issuance of land title certificate. To analyze and review the Responsibility of the Land Office for the certificate that was canceled in the State Court Decision. The results of this study are that the cancellation of land title certificate can cause legal uncertainty for the community and require the government to increase supervision and improvements in the land system in order to prevent similar cases in the future. In addition, the responsibility of the Land Office in this case is in the spotlight, where there should be an increase in accuracy in data collection and better coordination between agencies so that there is no issuance of duplicate certificates.
The Ambiguous Authority of Provincial Governors in Customary Law Recognition: Regulatory Fragmentation in Indonesia’s Decentralization Era Jayuska, Rizki; Handayani, I Gusti Ayu Ketut Rachmi; Isharyanto, Isharyanto; Marzuki, Ismail; Fawaid, Achmad
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.46367

Abstract

This study aims to analyze the structural, institutional, and regulatory challenges in recognizing Indigenous Law Communities (Masyarakat Hukum Adat/MHA) in Indonesia, with a particular focus on the strategic yet ambiguous role of provincial governments. Despite the legal mandate for decentralization, the dual function of governors as regional heads and central government representatives has not been supported by a clear legal framework to facilitate cross-district recognition of MHA. Using a qualitative approach, the study employs document analysis of legal texts, regional regulations, and case studies, supported by secondary data from institutional reports and scholarly publications. The findings reveal three major issues: first, the absence of a legal mandate for governors to coordinate inter-district recognition processes; second, regulatory conflicts between provincial and district-level authorities, especially when indigenous territories cross administrative boundaries; and thrid the lack of harmonization between regional customary regulations and national laws. These obstacles have resulted in legal uncertainty, fragmented policy implementation, and continued marginalization of indigenous communities. This research contributes to the discourse on multilevel governance by emphasizing the overlooked role of governors in indigenous rights recognition. It also identifies practical entry points for policy reform, such as enhancing judicial review mechanisms, formalizing adat institutions, and improving spatial data integration across ministries. The originality of this study lies in shifting the analytical lens from district-level actors to the provincial level, proposing a coordinated, vertically and horizontally integrated governance framework for sustainable recognition of indigenous communities in Indonesia.
Reconstructing the Environmental Licensing Law Based on Ecological Justice Muchsin, Achmad; Handayani, I Gusti Ayu Ketut Rachmi; Wartini, Sri; Arifin, Ridwan
Administrative and Environtmental Law Review Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i2.4222

Abstract

This research examines the legal implications of changing the nomenclature from “environmental permits” to “environmental approvals” in Indonesia’s environmental licensing law. Moving beyond a conventional public law focus, it highlights the role of private law instruments in advancing climate change mitigation and adaptation. The core question addressed is whether this terminological shift aligns with the principles of ecological justice and how environmental licensing law should be reconstructed to uphold these values. Using a doctrinal legal research method, the analysis integrates statutory, conceptual, and philosophical perspectives, employing techniques of interpretation and construction. The findings indicate that while certain reforms under the Job Creation Law support ecological justice, others undermine it. The research concludes that the current framework requires comprehensive reconstruction to more effectively embody ecological justice and strengthen climate action.
Non-Muslims and Sharia-Based Regional Government; Comparison between Aceh, Indonesia and Selangor, Malaysia Harahap, Burhanudin; Handayani, I Gusti Ayu Ketut Rachmi; Lego Karjoko
AL-IHKAM: Jurnal Hukum & Pranata Sosial Vol. 18 No. 2 (2023)
Publisher : Faculty of Sharia IAIN Madura collaboration with The Islamic Law Researcher Association (APHI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/al-lhkam.v18i2.10456

Abstract

One plausible challenge that may emerge throughout the application of sharia law in Aceh, for instance, is the presence of interreligious disputes. The fact that not all members of communities are Muslims poses an inquiry. This research examines how Sharia law is enforced in Aceh; how legal protection for non-Muslims is affected by the enforcement, as well as, to the same topic, how the comparison between Aceh and of Selangor, Malaysia is. According to this empirical study, Qanun was created in Aceh to secure adherence to sharia law, so that Qanun Jinayat applies to community members identified as Muslim. In contrast, Malaysia is a multiethnic and multiracial nation governed by the supreme law, namely the Federal Constitution, which protects its diverse religion and communities. Sharia law applies exclusively to Muslims in Selangor, in stark contrast to jinayah law in Aceh which apply this to Aceh citizen. Hence, stakeholders in Aceh must collaborate to assess and fortify legal safeguards for non-Muslim inhabitants, extending beyond the freedom to select the form of justice they prefer. The objective is to guarantee the rights of each citizen in a manner that is devoid of violence or any indications of human rights violations.
Development Of A Telecommunications Regulatory Evaluation Model Based On The Five-Generation Framework By The International Telecommunication Union (Itu) Gunawan, Arief Hamdani; Handayani, I Gusti Ayu Ketut Rachmi; Karjoko, Lego
Technology and Economics Law Journal
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

With the evolution of technology and changes in societal needs, regulations in the telecommunications industry should be adaptable in order to maintain accessibility, affordability, and quality of service standards. The ITU has developed an extensive assessment model for regulations that consists of five generations. This model evaluates telecommunication regulatory policies’ effectiveness and efficiency under fast evolving technological circumstances. Each generation will be broken down according to such indicators established by the ITU as policy effectiveness, adaptability to technological change, and impact on users of telecoms services. Through various regulatory stages this evaluation model brings out comprehensive understanding about achievements made as well as challenges faced during these periods that supports sustainable digital transformation.
Co-Authors Abdul Kadir Jaelani Achmad Fawaid, Achmad Achmad Muchsin Adi Sulistiyono Al Sentot Sudarwanto Arief Hamdani Gunawan, Arief Hamdani Budi Prasetyo Burhanudin Harahap Danendra, Ravi dewinagara, trisya benazir Ehsonov, Jasurbek Rustamovich Hari Purwadi, Hari Hartiwiningsih Hartiwiningsih Isharyanto Isharyanto Ismail Marzuki Ismiyanto, Ismiyanto Iswari, Fauzi Jayuska, Rizki Katagiri, Kazuaki Lego Karjoko Lego Karjoko Mohammad Zamroni Muhammad Nur Ninuk Triyanti, Ninuk Prabang Setyono Puji Wulandari Kuncorowati Pujiyono Pujiyono Rahayu Subekti Ridwan Arifin Riewanto, Agus Sari, Chandra Dewi Puspita Siska Diana Sari Sri Wartini Sulistiyono, Adi - Sulistyanta Sulistyanta SULISTYONO, JOKO Suryajaya, Jonathan Chandra Torodji, Rais Warman, Guruh Raditya Yudianto, Tri