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All Journal Journal of Law, Poliitic and Humanities Unifikasi : Jurnal Ilmu Hukum ADHAPER
Ajeng Aditya Listyani
Faculty Of Law, Universitas Jenderal Soedirman, Purwokerto, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Green Investment as a Guarantee to Protect the Indigenous People’s Rights Listyani, Ajeng Aditya
Unifikasi : Jurnal Ilmu Hukum Vol. 11 No. 01 (2024)
Publisher : Universitas Kuningan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25134/unifikasi.v11i01.764

Abstract

Investment opportunities are opened as widely as possible to achieve community welfare, including land use mechanisms. However, this endangers the existence of Indigenous People's rights. Indigenous people have limited access to their lives and livelihoods through land use. Therefore, measures are needed to ensure the protection of Indigenous People's rights in line with investment implementation. This research aimed to identify and analyse the concept of green investment and the implementation of green investment as an effort to ensure the protection of the rights of Indigenous People. This research was normative juridical research with a statutory approach and a concept approach. The data used was secondary data obtained from a literature study. The results showed that green investment focuses on how environmental balance is maintained amidst the implementation of investments. The concept of green investment in the land sector was realised by the division of land functions, the use of land in line with regional spatial plans, and the application of environmental insight in land use. In addition, the application of green investment could be a method to protect the rights of indigenous people and ensure the sustainability of economic growth.
Legal Vacuum in Inheritance Dispute Resolution: A Comparative Study of Customary Law and Positive Law in Bonokeling Zaenudin, Zaenudin; Listyani, Ajeng Aditya; Sasono, Wasis Singgih; Haryadi, Nanda Rahayu; Natasaputri, Pritha Arintha
Journal of Law, Politic and Humanities Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i2.3035

Abstract

This study examines the legal vacuum in resolving inheritance disputes in the Bonokeling indigenous community in Pekuncen Village, Jatilawang District, Banyumas Regency, Central Java, by examining the tension between customary law norms and the national legal system. Although the customary inheritance norms of the Bonokeling indigenous community, based on family deliberation, are still alive and well, the resulting agreements often lack legal force in the state's judicial system. This study employed a normative and empirical juridical approach (socio-legal research). Data were obtained through literature review, interviews, and observations within the Bonokeling indigenous community. The findings indicate that the legal vacuum is institutional and regulatory, rather than normative, because customary norms persist but have not received adequate formal recognition. The absence of a legal mechanism to validate the results of family deliberations creates the potential for legal conflict when disputes are brought to court. Therefore, this study recommends the need for a legal strengthening scheme for customary decisions, for example through the creation of a peace deed or legal recognition of customary deliberation mechanisms. The implications of this research emphasize the importance of integrating legal pluralism into the national legal system to ensure substantive justice and legal certainty for indigenous peoples.
GRANTED EXCEPTION DUE TO THE NEGATIVE STATEMENT IN PETITION AS AN EFFORT TO ENSURE LEGAL CERTAINTY IN INDONESIA: EKSEPSI SEBAGAI AKIBAT DARI PERNYATAAN NEGATIF DALAM PERMOHONAN SEBAGAI UPAYA UNTUK MENJAMIN KEPASTIAN HUKUM DI INDONESIA Listyani, Ajeng Aditya; Antonius Sidik Maryono; Sanyoto
ADHAPER: Jurnal Hukum Acara Perdata Vol. 11 No. 02 (2025): Desember
Publisher : Asosiasi Dosen Hukum Acara Perdata (ADHAPER)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36913/adhaper.v11i02.12

Abstract

Dispute resolution through the courts is carried out by filing a lawsuit against the party. The lawsuit is filed with the intention of obtaining legal protection for the rights of one party and forcing the other party to fulfill their obligations after the mediation process has failed. The lawsuit has to fulfill the formal and material requirements, including the formulation of the petition. The petition should not have a negative sentences structure and have to meet the formal requirements for the drafting of a petition. A negative petition gives the other party the opportunity to file an exception of lawsuit. This research was normative juridical research with analytical descriptive specifications. This research used a statutory approach and a case approach. The data used was secondary data with primary and secondary legal materials obtained from literature studies. The primary legal material is laws and regulations. Secondary legal materials are in the form of literature. The data was collected by the literature study method. The data was presented with normative text and analyzed with qualitative normative methods to obtain conclusions. The results of the study show that for petition that have negative sentences structure, the defendant can file an exception to the lawsuit and the legal consequence is that the lawsuit is declared Niet Onvankelijke Verklaard.
Co-Authors Antonius Sidik Maryono Haryadi, Nanda Rahayu Natasaputri, Pritha Arintha Sanyoto Sasono, Wasis Singgih Zaenudin Zaenudin