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All Journal Journal of Law, Society, and Islamic Civilization Lex Publica
Yuwono, Finda Pratiwi
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Implications of the Merauke Food Estate: A Critical Analysis of Customary Rights and Environmental Concerns Yuwono, Finda Pratiwi
Lex Publica Vol. 11 No. 2 (2024)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58829/lp.11.2.2024.274

Abstract

The Food Estate program in Merauke, part of Indonesia's National Strategic Project (PSN), aims to enhance food security through large-scale land management. However, its implementation has faced significant criticism for disregarding the Free, Prior, and Informed Consent (FPIC) principle, leading to violations of the rights of Indigenous Peoples and severe environmental degradation, including extensive deforestation. The involvement of military personnel in facilitating the program further complicates the situation, drawing international scrutiny, particularly in light of Indonesia's participation in COP29. This study employs a normative legal research method with a qualitative approach, analyzing secondary data from various sources, including laws, regulations, books, journals, and online resources. The findings reveal that the Merauke Food Estate program exhibits substantial flaws in planning and execution, neglecting sustainable development principles and the FPIC standard. The study also suggests that conflict resolution mechanisms, such as class action lawsuits, could be a viable solution, provided these processes are grounded in FPIC principles and actively involve MHA to ensure equitable outcomes for affected communities.
Analisis Yuridis Penyimpangan Prosedur Pengadaan Barang dan Jasa di PT Garuda Indonesia Fathullah, Abdusyahid Naufal; Islami, Edelweiss Aura; Salsabila, Khumaerastra Fika; Yuwono, Finda Pratiwi
Journal of Law, Society, and Islamic Civilization Vol 13, No 1: April 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i1.100856

Abstract

PT Garuda Indonesia is one of the leading state-owned enterprises (BUMN) in the aviation industry, expected to conduct procurement processes in accordance with the principles outlined in Presidential Regulation No. 16 of 2018 on Procurement of Goods/Services, as well as other relevant laws and government regulations governing BUMN. Given that procurement involves the use of state funds, improper management could result in financial losses for both the state and the company itself. In its procurement process, PT Garuda Indonesia implemented a limited tender method. However, in practice, distortions occurred to favor a predetermined winner, particularly in the procurement of Bombardier CRJ-1000 aircraft. This was achieved through manipulation of assessment criteria and leaking of information to specific parties, violating the fundamental principles of transparency, accountability, and responsibility, which should be upheld in every procurement process. This study aims to identify and analyze the modus operandi used in the aircraft procurement by PT Garuda Indonesia, as well as to examine the irregularities in the procurement of goods and services that may lead to corrupt practices within the company. The research method employed is normative legal research, which focuses on analyzing existing legal norms, including statutory regulations, legal doctrines, and fundamental legal principles, while also evaluating their implementation in practice.The corruption case involving the procurement of Bombardier CRJ-1000 aircraft by PT Garuda Indonesia (Persero) Tbk. (PT GIAA) and the procurement of ATR 72-600 aircraft at PT Citilink stands out as one of the most notorious cases in BUMN procurement history. This case significantly impacted state finances due to data manipulation, lack of transparency, and inconsistencies that deviated from the established criteria. Additionally, the irregularities in this procurement process have fueled public distrust toward Law Enforcement Officials (APH) in handling corruption cases within state-owned enterprises.
Co-Authors Fathullah, Abdusyahid Naufal Islami, Edelweiss Aura Salsabila, Khumaerastra Fika