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Rahjanto, Rahjanto
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Pengaruh Kebijakan Pertahanan Pemerintah terhadap Hak Atas Tanah Masyarakat Adat Marianche, Anita; Rahjanto, Rahjanto
Jurnal HAM Vol 1, No 1 (2010): First Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2010.1.13-22

Abstract

Regulation concerning land rights for indigenous people could have been there at the level of legislation and various government regulations, but the information is still rarely found in a simply and concisely. Meanwhile, the clarity of information on legal guarantee for indigenous people has been considered a pressing need of recent development. The problem of this is how the condition of legislation currently on the land associated with land rights of indigenous people and how the shape of the influence of government land policies towards indigenous peoples’ land rights. The government at the level of province, District and City with its local wisdom is expected to develop regional regulation that protects the interests on the rights of indegenous people, especially customary land rights based on a legal basis as a form of local government commitment and spirit of regional autonomy. It’s time to leave policy that the existence of indigenous people and the strengthening of customary rights to local governments, supported by budget politic. Could be, lack of data and  lack of initiative of local governments to conduct an inventory or identification of indigenous people in its territory due to the inadequate allocation of fund and not budgeted in local government budget. Necessary to formulate norms which say that the recognition of indigenous rights as well as a recognition of the existence of customary law community. The main reason because the only thing that can become a subject of customary rights is a customary law community.
Perspektif Hak Asasi Manusia dalam Perlindungan Hak Kekayaan Intelektual Atas Pengetahuan Tradisional dan Ekspresi Budaya Tradisional Masyarakat Adat Rahjanto, Rahjanto
Jurnal HAM Vol 5, No 1 (2014): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2014.5.1-14

Abstract

These days a lot of intellectual properties in the form of traditional knowledge and traditional cultural expressions, which are created or originated from indigenous peoples, have become popular around the world, for example: works of art and medicine, and internationally traded that worth up to multibillion dollar U.S. each year. Most of the revenue from the trade is eventually in the hands of companies outside the area of origin of the intellectual property, and more often in the hands of foreign companies. This research uses a qualitative approach, while the data collection conducted at eight locations: West Java, Yogyakarta , Central Sulawesi, South Kalimantan, Bali, North Sumatra, South Sumatra , East Nusa Tenggara. In terms of legality, the state has not provided adequate legislations to protect intellectual property such as traditional knowledge and traditional cultural expressions. Arguably, Article 10 paragraph (2) of the Law No. 19/2002 on Copyright is not entirely appropriate (or compatible) with the characteristics of traditional knowledge and traditional cultural expressions. Hence, the Indonesian government ought to take progressive steps by regulating traditional knowledge and traditional cultural expressions into a separate law (sui generis).
Perspektif HAM dalam Pemulihan Kegiatan Usaha bagi Masyarakat Ekonomi Lemah di Daerah Pasca Gempa Rahjanto, Rahjanto; Primawardani, Yuliana
Jurnal HAM Vol 4, No 1 (2013): July Edition
Publisher : Badan Strategi Kebijakan Hukum dan HAM

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/ham.2013.4.35-50

Abstract

The impact of natural disasters directly affect the livelihood of the people in the area after the earthquake. States should make efforts in accordance with the real situation in the area and emergency conditions after the earthquake . This includes implementing restoration projects of economic activity, including the opportuni- ties and livelihood are disrupted by natural disasters, should begin immediately. The study used a qualitative approach. Data collection was conducted in 5 provinces, namely Bengkulu; West Java; West Sumatra; Aceh; Yogyakarta. Partnership with central government and local government agencies, or other agencies in the recovery of business activity so that people more easily determine which line of business can be carried out in accordance with theirsa expertise before the earthquake. Field findings indicate recovery operations for the poor economic people in the region after the earthquake in the repair of facilities, provision of capital and the provision of tools that are used for subsistence. Obstacles encountered in each of the provinces affected by the earthquake have almost the same problem, namely the unclear division of tasks between the Regional Disaster Management Agency (BPBD), Social Services, Department of Public Works.
Co-Authors Marianche, Anita Yuliana Primawardani, Yuliana