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All Journal AMANNA GAPPA Jurnal Ilmu Hukum KYADIREN
Ibrahim, Nanang
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Law, Crime, Criminology & Criminal Justice

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Institutionalizing Customary Land Rights: Insights from the Hatam Tribe’s Ulayat Rights, West Papua Yunus, Ahsan; Ibrahim, Nanang
Amanna Gappa VOLUME 33 NOMOR 1, 2025
Publisher : Fakultas Hukum Universitas Hasanuddin

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Abstract

The marginalization of indigenous ulayat rights in Indonesia, particularly among the Hatam Tribe in Manokwari Regency, highlights critical gaps in legal recognition and socio-political inclusion, underscoring the urgent need for institutional frameworks that balance traditional practices with modern governance. This study seeks to address this gap by providing an in-depth analysis of the distinctive challenges and opportunities involved in institutionalizing customary law for the Hatam Tribe. The research focuses on examining the institutionalization process of the Hatam Tribe’s customary law in Prafi District, Manokwari Regency, West Papua, Indonesia. Using an empirical approach, the study gathered data from respondents representing the Manokwari Traditional Institution, the local government, and the community. A qualitative descriptive analysis was employed to interpret the findings. The results show that institutionalizing the ulayat (customary land) rights of the Hatam Tribe requires prioritizing justice by fostering collaboration between government bodies and indigenous communities to identify and validate these rights while ensuring comprehensive legal protection. Additionally, systems should be implemented to empower the Hatam Tribe to independently manage and benefit from their natural resources. This process must uphold and integrate local wisdom and traditional legal frameworks to preserve the tribe's cultural practices and social structures. Consequently, the institutionalization of ulayat rights should transcend mere formal recognition, aiming instead to achieve tangible social and economic justice for the indigenous community.
E-Commerce Disputes and the Law of Default: Is the Indonesian Civil Code Still Adequate? Ibrahim, Nanang; Fenanlabir, Marsel
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.326

Abstract

The rapid growth of e-commerce in Indonesia has introduced new challenges in applying the concept of default (breach of contract) as outlined in the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata), which has not yet fully accommodated the unique characteristics of digital transactions. This study aims to reconstruct the legal concept of default to better align with the nature of electronic contracts, identify various forms of breach occurring within the e-commerce ecosystem, and propose a dispute resolution framework grounded in civil law principles, consumer protection, and digital innovation. Employing a normative juridical approach and comparative legal analysis, this research finds that defaults in e-commerce transactions are often transnational and multifaceted, involving business actors, consumers, and digital platforms, while encompassing new issues such as data security breaches and technological system failures. The study recommends regulatory reform through the development of a national Online Dispute Resolution (ODR) model and the harmonization of relevant sectoral laws. In conclusion, adapting the traditional concept of default and promoting innovation in dispute resolution mechanisms are essential to ensure legal certainty and fairness in the digital era.
E-Commerce Disputes and the Law of Default: Is the Indonesian Civil Code Still Adequate? Ibrahim, Nanang; Fenanlabir, Marsel
Jurnal Ilmu Hukum Kyadiren Vol 7 No 1 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46924/jihk.v7i1.326

Abstract

The rapid growth of e-commerce in Indonesia has introduced new challenges in applying the concept of default (breach of contract) as outlined in the Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata/KUHPerdata), which has not yet fully accommodated the unique characteristics of digital transactions. This study aims to reconstruct the legal concept of default to better align with the nature of electronic contracts, identify various forms of breach occurring within the e-commerce ecosystem, and propose a dispute resolution framework grounded in civil law principles, consumer protection, and digital innovation. Employing a normative juridical approach and comparative legal analysis, this research finds that defaults in e-commerce transactions are often transnational and multifaceted, involving business actors, consumers, and digital platforms, while encompassing new issues such as data security breaches and technological system failures. The study recommends regulatory reform through the development of a national Online Dispute Resolution (ODR) model and the harmonization of relevant sectoral laws. In conclusion, adapting the traditional concept of default and promoting innovation in dispute resolution mechanisms are essential to ensure legal certainty and fairness in the digital era.
Co-Authors Fenanlabir, Marsel Yunus, Ahsan