Imam KOESWAHYONO
Brawijaya University, Malang, Indonesia

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Analysis Of The Pattern Of Education For Persons With Disabilities In Law Number 20 Of 2003 Concerning The National Education System Zamrony ABDUSSAMAD; Sudarsono SUDARSONO; Imam KOESWAHYONO; Istislam ISTISLAM
International Journal of Environmental, Sustainability, and Social Science Vol. 3 No. 3 (2022): International Journal of Environmental, Sustainability, and Social Science (Nov
Publisher : Indonesia Strategic Sustainability

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38142/ijesss.v3i3.332

Abstract

Inclusive education has many different meanings and interpretations. There is still some uncertainty about the difference between inclusive and special education for individuals with disabilities, sometimes known as special schools (SLB). Meanwhile, the term inclusive education is not known in the National Education System Law, which uses the term "special education and special services," which is explained in Article 32 of Law No. 20 of 2003 concerning the National Education System: (i) Special education is education for students who have difficulty levels. Participating in the learning process due to physical, emotional, mental, social, intellectual potential and special talents. (ii) Special service education is education for students in remote or underdeveloped areas, remote indigenous peoples, and experiencing natural disasters, social disasters, and economically disadvantaged. This research's problem approaches are conceptual, statutory, and case approaches. Based on this, we found that the ambiguity of norms affects the pattern of providing education for persons with disabilities, namely the dualism of providing education for persons with disabilities with a special and inclusive approach which has an impact on legal uncertainty in norms, concepts and implementation.
Legal Contradictions in Land Acquisition for Community-Based Tourism Villages in Indonesia Azna Abrory Wardana; Imam Koeswahyono; Iwan Permadi; Ngesti Dwi Prasetyo
E-Journal of Tourism Volume 12 Number 2 (September 2025)
Publisher : Centre of Excellence in Tourism Udayana University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24922/eot.v12i2.2056

Abstract

Tourism village development in Indonesia is expanding rapidly, with tourist arrivals projected to reach 13.74 million in 2024. Yet the legal framework for land acquisition has not adapted to this growth. The core issue lies in the tension between the public interest doctrine in Law No. 2 of 2012 on Land Acquisition, which legitimizes compulsory state power, and the mandate of community-based tourism (CBT) under Law No. 6 of 2014 on Villages and Law No. 10 of 2009 on Tourism, which requires participatory, community-driven development. This doctrinal gap produces uncertainty over how land acquisition for tourism villages should proceed in ways that advance development while safeguarding community rights. This study employs a normative legal method, combining statutory interpretation and conceptual analysis of “public interest,” “participation,” and “compensation” in the Land Acquisition Law, alongside relevant provisions of the Village and Tourism Laws and judicial decisions in acquisition disputes. The findings highlight three contradictions: first, Article 10’s expansive definition of “public interest” enables commercial tourism projects to qualify as public uses; second, consultation procedures are reduced to formalities without substantive participation; and third, NJOP-based compensation undervalues land and disregards communal tenure. This article contributes by proposing a reform agenda: redefining public interest with measurable criteria, integrating Free, Prior, and Informed Consent (FPIC), harmonizing sectoral laws, and mandating community consent mechanisms to balance tourism development with the protection of local land rights.