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All Journal Jurnal Kajian Pembaruan Hukum Business and Human Rights Law and Policy
Angelia, Alissa
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Law, Crime, Criminology & Criminal Justice

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Strengthening Customary Forest Rights for Indigenous People in Indonesia Green Constitution Framework Nugraha, Xavier; Wibisono, Angelica Milano Aryani; Angelia, Alissa; S., Bryan Owen; Answendy, Putri Riska
Jurnal Kajian Pembaruan Hukum Vol. 3 No. 2 (2023): July-December 2023
Publisher : University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/jkph.v3i2.43367

Abstract

The ongoing struggle of indigenous people fighting for their rights to preserve the customary forests underscores the critical need to protect both cultural heritage and environment. This research focuses on implementing the Green Constitution in Indonesia, aiming to strengthen the existence of indigenous peoples and their customary rights to customary forests. However, there are significant problems with Article 33(3) of the 1945 Constitution which emphasizes the welfare of the people through the exploitation of natural resources, often neglecting aspects of environmental conservation and contradicting Indonesia's commitment to the Sustainable Development Goals (SDGs). As a result, the Indonesian Constitution has an anthropocentric orientation that prioritizes environmental preservation for human interests rather than fully reflecting the Green Constitution principles that emphasize environmental sustainability in line with human needs. The research used in this study is juridical-normative approach to analyze the law and relevant regulation regarding the issue at hand to identify possible solution towards the existing legal issues. This research identifies two main problems: first, to what extent the 1945 Constitution reflects the principles of the Green Constitution, and second, how efforts to strengthen the rights of indigenous peoples to customary forests reflect the Green Constitution. The results show that the 1945 Constitution has not fully adopted the principles of the Green Constitution, therefore measures are needed to strengthen the rights of indigenous peoples related to customary forests, including the elimination of conditional recognition through judicial interpretation of Article 18B paragraph (2) of the 1945 Constitution, to secure environmental conservation democratically and sustainably.
Advancing Public Interests Priorities Within Investee Companies Through Institutional Shareholder Engagement Angelia, Alissa
Business and Human Rights Law & Policy Vol. 2 No. 1 (2026): Business and Human Rights Law & Policy - February
Publisher : Center for Law and Responsible Business Studies

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Abstract

Shareholders, as providers of risk capital, are entitled to participate in corporate decision-making. However, the existence of the investment chain often limits the influence of individual investors. In contrast, institutional investors, acting as fiduciaries and long-term market participants, are uniquely positioned to shape managerial behaviour, counterbalance executive power, and promote sustainable, stakeholder-oriented corporate practices. Owing to these capacities, institutional shareholders play a significant role in advancing public interest priorities through their investment activities. This article examines how institutional shareholders can engage effectively with investee companies to promote public interests, employing a doctrinal research methodology. It finds that institutional shareholder engagement enhances companies’ financial and non-financial performance, ultimately generating positive public interest outcomes. Engagement may occur through soft forms of interaction or more formal mechanisms, each enabling meaningful stewardship. Consequently, institutional shareholders possess both the capacity and the opportunity to influence corporate conduct and advance public interest priorities through active and responsible engagement
Co-Authors Answendy, Putri Riska Nugraha, Xavier S., Bryan Owen Wibisono, Angelica Milano Aryani