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All Journal Jurnal Legalitas Jurnal Dinamika Hukum
Revie Kurnia Katjong
Fakultas Hukum Universitas Yapis Papua
Law, Crime, Criminology & Criminal Justice

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Legal Protection of Customary Law Communities Over Ulayat Land Forests Revie Kurnia Katjong; Harry Tuhumury; Anwar Moch Roem; Liani Sari
Jurnal Legalitas Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (399.738 KB) | DOI: 10.33756/jelta.v16i1.18582

Abstract

This study aims to analyze the concept of customary land customary law, as well as to examine the protection of indigenous peoples in a customary land forest. The type of research in this writing is a normative juridical research method. The approach used in this study is a Statute Approach and a case approach. The results showed customary forests, sometimes referred to as customary forests, are forests within the territory of customary law communities. To be designated as customary Forest, local customary law communities can apply to the Minister of Environment and Forestry. Customary Forests, before Indonesian law is, protected as the legal protection of customary land. This legal protection is a form of concrete action from the state in implementing the mandate of the Constitution of the Republic of Indonesia Constitution of 1945 contained in Article 18b. Moreover, in this case, the government has issued a decree of the Minister of Environment and Forestry to establish customary forest areas and the rights and obligations of Indigenous Peoples.
Indirect Evidence in Disclosing Cartel Violations Under Business Competition Law in Indonesia Liani Sari; Revie Kurnia Katjong; Andi Anisa Nurlia Mamonto; Asmarani Ramli; Dolot Alhasni Bakung
Jurnal Dinamika Hukum Vol 24, No 1 (2024)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2024.24.1.4053

Abstract

Cartels, or secret deals among competitors to set prices, limit production, or divide markets, pose a significant challenge to healthy competition and market integrity around the world, including in Indonesia. This study examines the use of indirect evidence, such as economic data and communication patterns, in uncovering such covert operations under the Indonesian Competition Law (Law No. 5 of 1999), using the normative juridical approach. The study uses statutory analysis to understand the legal framework, case analysis to explore the use of indirect evidence in law enforcement, and conceptual analysis to enhance theoretical understanding. This study analyzes the decisions of the KPPU and District Courts, KPPU regulations, and relevant legal frameworks to understand the applicability and challenges of using circumstantial evidence in legal proceedings. The results of the study make it clear that, despite its important role, the study identifies legal uncertainty and the need for corroborating evidence as the main obstacles to the effectiveness of indirect evidence. It reveals a significant gap in the acceptance and interpretation of indirect evidence between the KPPU and the judiciary, highlighting the need for clarity and consistency in the law. This review recommends the revision of Law No. 5 of 1999 and related procedural laws to include provisions for the acceptance and utilization of circumstantial evidence, improving the adjudication process of both the KPPU and the courts. This research contributes to Indonesia's understanding of competition law enforcement and promoting fair business practices.
Co-Authors Andi Anisa Nurlia Mamonto Anwar Moch Roem Asmarani Ramli Dolot Alhasni Bakung Harry Tuhumury Liani Sari