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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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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

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

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.

LEGAL PROTECTION FOR CONSUMERS BUYING AND SELLING USED IMPORTED CLOTHES (CAKAR BONGKAR) ACCORDING TO LAW NUMBER 8 OF 1999 CONCERNING CONSUMER PROTECTION Annisa Nurlia Mamonto, Andi; Tuharea, Farida; Ibrahim, Nanang; Asmi, Nurul; Kusuma Irjananta, Rama
JOURNAL EQUITABLE Vol 11 No 2 (2026)
Publisher : LPPM, Universitas Muhammadiyah Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37859/jeq.v11i2.11422

This study examines the legal protection of consumers in the practice of buying and selling imported secondhand clothing (commonly known as cakar bongkar) within the framework of Indonesian law. The research employs a normative juridical method with a statutory and conceptual approach, focusing on the analysis of Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen and related regulations governing trade and consumer rights. The findings indicate that, in principle, the sale and purchase of secondhand goods are legally valid under civil law, provided that the transaction fulfills the essential requirements of a valid agreement, including consent, legal capacity, a specific object, and a lawful cause, as stipulated in Kitab Undang-Undang Hukum Perdata. However, such transactions must also adhere to transparency principles, particularly in providing accurate and honest information regarding the condition of goods. Furthermore, the study reveals that the circulation of imported secondhand clothing is explicitly prohibited under Undang-Undang Nomor 7 Tahun 2014 tentang Perdagangan and Peraturan Menteri Perdagangan Nomor 40 Tahun 2022, due to concerns related to consumer safety and the protection of domestic industries. Consumers are entitled to legal remedies, including compensation and dispute resolution mechanisms, when they suffer losses due to defective or harmful products. Nevertheless, legal protection becomes limited when consumers knowingly engage in transactions involving prohibited goods. Therefore, effective consumer protection requires not only comprehensive regulations but also consistent law enforcement, government supervision, and increased legal awareness among both business actors and consumers.

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