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All Journal Diponegoro Law Review Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Fikri, Mhd Zakiul
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Law, Crime, Criminology & Criminal Justice

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Examining the Legal Standing of IKN Authority Regulations within Indonesian’s Legislation System Harry Setya Nugraha; al Arif, M. Yasin; Fikri, Mhd Zakiul
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 6 Issue 2 (2023) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v6i2.9394

Abstract

This study scrutinizes the status of the regulations enacted by the Nusantara Capital City Authority (IKN Authority) within the Indonesian legislative hierarchy, based on Law Number 3 of 2022, also known as the IKN Law. A normative research approach underpins this analysis, utilizing legislative and conceptual methodologies. The investigation concludes that the IKN Law’s Article 5 paragraph 6, was drafted to accommodate all regulations formulated by the IKN Authority. These regulations, born out of the authority's attribution, hold an equivalent standing to those issued by a minister, institution, or agency at the central level given that the IKN Authority is an institution at the ministerial level. Consequently, the formulation of these regulations adheres to the rules governing central-level regulations, with the Supreme Court conducting their review. The unique aspect is the subject matter, which relates to the governance structure of the IKN Authority. Moreover, the formulation of regulations by the IKN Authority should: 1) Define the IKN entity’s position as a unique regional government entity; 2) Outline the types of regulations to be enacted; 3) Clarify the source of authority, which is attribution-based; 4) Specify its position in the hierarchy, equivalent to Regional Regulations; 5) Detail the formulation process and treatment, aligning it with the creation of regional legal products; 6) Elucidate the subject matter of the Regulatory Authority; and 7) Highlight the review process, which can be escalated to the Supreme Court.
RESTORING CUSTOMARY FOREST RIGHTS THROUGH AGRARIAN REFORM: CASE STUDY OF THE KAMPAR COMMUNITY, INDONESIA Fikri, Mhd Zakiul
Diponegoro Law Review Vol 9, No 2 (2024): Diponegoro Law Review October 2024
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.9.2.2024.277-296

Abstract

Approximately three-quarters of Kampar Regency is designated as state forest, despite the historical presence of indigenous communities for generations. Accordingly, this study examines on analyzing the framework for restoring the customary forest rights of these through agrarian reform, emphasizing social forestry. Employing a socio-legal research method, the study combines textual analysis of legal frameworks and case studies of Kampar's indigenous communities. The research examines two key issues: (1) the presence of indigenous communities and the concept of customary forest utilization in Kampar Regency, and (2) the importance of restoring indigenous communities’ rights to forests through social forestry initiatives. The findings reveal that indigenous communities in Kampar Regency maintain a strong connection to their ancestral heritage, viewing customary forest as inalienable heritage. The restoration of indigenous communities’ rights to these forest territories is considered essential. Social forestry is identified as a critical component of agrarian reform in Indonesia, with existing regulatory frameworks explicitly acknowledging indigenous communities as beneficiaries. Several areas of customary forest in Kampar Regency have also been identified as having potential for designation through social forestry programs. 
Co-Authors Harry Setya Nugraha M. Yasin Al Arif