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Comparative Study of The National Agrarian Legal System With Countries in Asean (Study of Law Number 5 of 1960 and Government Regulation Number 18 of 2021) Aulia Husein, Ridho; Arifin Hoesin, Zainal
Advances In Social Humanities Research Vol. 3 No. 1 (2025): Advances In Social Humanities Research
Publisher : Sahabat Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/adv.v3i1.333

Abstract

The agrarian law system plays an important role in the development and management of a country's land resources. In Indonesia, this system is regulated by Law Number 5 of 1960 (UUPA) and Government Regulation Number 18 of 2021, which aims to create social justice and sustainable land management. However, the implementation of the agrarian law system in Indonesia still faces various challenges and legal uncertainties. This research aims to compare the national agrarian law system with ASEAN countries to identify weaknesses and take best practices to strengthen Indonesia's agrarian system. This research uses a normative legal method with a comparative approach, relying on primary and secondary data analyzed descriptively qualitatively. The results show that ASEAN countries, such as the Philippines, Malaysia and Singapore, have different approaches to land management. The Philippines applies the Regalian Doctrine, Malaysia delegates land management to the states, while Singapore optimizes urban planning through state ownership of the majority of land. The strengths of Indonesia's agrarian law system lie in the application of social justice principles and the recognition of indigenous peoples' rights, but Indonesia still faces challenges such as legal dualism between customary and state law, bureaucratic red tape, corrupt practices, and lack of transparency. Thus, while Indonesia has the potential to create a just and sustainable agrarian system, lessons learned from ASEAN countries can help improve existing weaknesses and strengthen national agrarian governance.
Ensuring Equality Before the Law and Personal Data Protection through Implementation of AI Integration in Single Identification Number Systems: A Positivism Philosophy Perspective Juristo Chiang, Daud; Arifin Hoesin, Zainal
Devotion : Journal of Research and Community Service Vol. 5 No. 11 (2024): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i11.20688

Abstract

The implementation of Artificial Intelligence (AI) in managing single identification number systems, such as Indonesia's National Identity Number, must balance constitutional principles and human rights. AI can enhance administrative efficiency and data security, but it must align with the principle of equality before the law, as stipulated in Articles 27 and 29 of the 1945 Constitution. Ensuring data privacy and preventing discrimination in data processing are essential to avoid regional and social inequality. This study aims to examine how AI-based solutions impact the principles of equality before the law and personal data protection, as well as analyse these issues from the perspective of positivist philosophy, which emphasizes strict legal compliance and effective supervision. Using a normative juridical method with statutory and analytical approaches, this research evaluates existing regulations and explores the interplay between legal structure and AI governance. The findings reveal that while AI can promote efficiency and consistency, its algorithms may also introduce bias, risking unfair outcomes in identification services. A robust regulatory framework and continuous oversight are necessary to address potential inequalities and misuse. From a positivist view, strict rule enforcement and transparent governance are essential to balance technological innovation with the protection of individual rights. [Conclusion] In conclusion, the integration of AI into single identification systems must comply with constitutional and legal principles to uphold equality before the law and protect personal data. Effective legal oversight and accountability are essential to maintain fairness, prevent discrimination, and ensure that AI systems benefit all citizens equitably.