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All Journal DiH : Jurnal Ilmu Hukum Jurnal Dinamika Hukum Mimbar Keadilan Perspektif : Kajian Masalah Hukum dan Pembangunan PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurnal Hukum Bisnis Bonum Commune Jurnal Hukum Magnum Opus Norma Jurnal Hukum dan Pembangunan Prosiding Seminar Nasional Kusuma Journal of Adat Recht
Ari Purwadi
Fakultas Hukum, Universitas Wijaya Kusuma Surabaya, Jl. Dukuh Kupang XXV No. 54, Surabaya
Agriculture, Biological Sciences & Forestry Humanities Biochemistry, Genetics & Molecular Biology Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Perjanjian Baku Sebagai Upaya Mengamankan Kredit Bank Purwadi, Ari
Jurnal Hukum & Pembangunan Vol. 25, No. 1
Publisher : UI Scholars Hub

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Recognition and Protection of Indigenous Peoples in Public Policy: Analysis of the Implementation of National Regulations Ari Purwadi
Journal of Adat Recht Vol. 3 No. 1 (2026): MAY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ys4n4p72

Abstract

Indigenous peoples are social groups with a long history, distinctive culture, and deep ties to their ancestral territories. In Indonesia, the recognition and protection of indigenous peoples has been normatively guaranteed through various legal instruments, ranging from the 1945 Constitution of the Republic of Indonesia to a number of sectoral laws and regulations. However, the implementation of these regulations in public policy practice still faces various structural, institutional, and cultural challenges. This article aims to analyze in depth the extent to which national regulations have provided real protection for indigenous peoples and to identify the obstacles that cause gaps between legal norms and realities on the ground. This research uses a normative juridical method with a legislative and conceptual approach, supplemented by empirical studies in the form of literature studies of various court decisions, reports from national and international institutions, and previous research. The results show that although the formal legal framework is quite comprehensive, its implementation is still hampered by unmanaged legal pluralism, weak synchronization between state institutions, minimal participation of indigenous peoples in the legislative process, and the hegemony of economic growth-based development that often sacrifices indigenous rights. This article concludes the need for comprehensive policy reform, including the creation of specific laws for indigenous peoples, strengthening of mentoring institutions, and the active involvement of indigenous peoples in every stage of public policy.             
Protection of Indigenous Traditional Knowledge in The Digital Economy Era: a Review of Customary Law and Intellectual Property Rights Ari Purwadi
Journal of Adat Recht Vol. 3 No. 2 (2026): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/cyzt8107

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The traditional knowledge held by indigenous communities in Indonesia faces new threats with the development of the digital economy, ranging from data mining by generative artificial intelligence to the tokenization of non-fungible tokens (NFTs) without consent or benefit sharing for the originating communities. This study aims to analyze the conception of traditional knowledge from the perspective of customary law and the national intellectual property legal framework, and to formulate a protection model that is responsive to the challenges of the digital era. The study uses a normative juridical method with a legislative, conceptual, and comparative approach. The results show that customary law views traditional knowledge as communal ownership that is magical-religious and cross-generational, a character that has not been comprehensively accommodated in the Copyright Law, the Patent Law, or the Trademark and Geographical Indications Law. The digital economy presents specific challenges in the form of artificial intelligence data mining, NFT tokenization, cross-border commercialization, and the paradox of defensive documentation. This study recommends a five-element protection model, namely the acceleration of sui generis regulations, a digital database with layered access, the application of the principle of prior informed consent and benefit sharing, transparent artificial intelligence governance, and strengthening the institutional capacity of indigenous peoples, which need to be implemented in an integrated manner and harmonized with developments in international law, especially the WIPO Treaty on Intellectual Property, Genetic Resources and Related Traditional Knowledge in 2024.
Co-Authors Ardhiwinda Kusumaputra Ardhiwinda Kusumaputra Cita Yustisia Serfiyani Endang Retnowati Gondo, Harry Kurniawan Joko Nur Sariono Prameswari, Septiana Serfiyani, Cita Yustisia