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Journal : Jambe Law Journal

Rethinking The Role of Indigenous Law Community in Managing Indigenous Forest in Jambi Province Taufik Yahya; Fauzi Syam
Jambe Law Journal Vol 1 No 1 (2018)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (182.256 KB) | DOI: 10.22437/jlj.1.1.35-54

Abstract

This paper examines the synchronization of legal regulations in forestry, green farming, and mining sectors along with their implementation regulations. The certainties of the existence of customary law community in Legal Acts No. 41 year 1999 concerning Forestry does not give certainties for customary law community in managing forest in Indonesia. Meanwhile, Legal Acts No. 6 year 2014 about Village stresses out that there is a specific acknowledgement about local customary village as a part of Customary Law Community. In the Legal Acts about Village, the establishment of Customary Law Community is strongly stated in provincial government regulations. This paradox has brought a bad consequence to customary forest that is managed by customary law communities in Jambi province.
From Ceremony to Substance: Reforming Problem Inventory List-Based Local Regulation Discussion in Indonesia Syam, Fauzi; Rahmi, Elita; Syamsir, Syamsir; Maulana, Rio Yusri; Sukmana, Teja
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.505

Abstract

One of the key weaknesses in the quality of regional legislation in Indonesia is the lack of an explicit requirement to use a Problem Inventory List (DIM) during the deliberation of draft regional regulations (Ranperda). This study aims to fill an academic gap by analyzing the regulation and practical use of DIM in the Rules of Procedure of provincial Regional People's Representative Councils (DPRD), a topic that has received limited attention in Indonesian legal literature. Using a normative legal approach and a descriptive-qualitative method, the study examines 14 provincial DPRD Rules of Procedure from 2024 and includes participatory observations conducted at the Jambi Provincial DPRD. The findings reveal that most DPRDs do not regulate the use of DIM-based deliberation for Ranperda. As a result, the legislative process is often ceremonial in nature, lacks public participation, and contributes to the low quality of regional legislation. The study recommends revising Government Regulation concerning the Formation of Regional Legal Products to make the use of DIM mandatory in Ranperda deliberations at the national level