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All Journal Journal Customary Law Al-battar: Jurnal Pamungkas Hukum
Richard
Universitas Borobudur
Law, Crime, Criminology & Criminal Justice Other

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The Ambivalence of the Supreme Court's Jurisprudence in Recognizing the Customary Rights of Indigenous Communities and Its Implications for the Transformation of the Concept of Communal Rights in National Land Law Akh Mulyanto; Richard
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.5841

Abstract

This study's objective is to examine the Supreme Court's reluctance in acknowledging indigenous peoples' customary rights and its consequences for the evolution of the notion of communal rights in Indonesian national land law. However, the Supreme Court's jurisprudence exhibits an ambivalent tendency in judicial practice, where a formal evidentiary strategy that prioritizes land title certificates as the primary evidence in land disputes frequently limits the acceptance of customary law. On the other hand, the development of legislative policies that introduce the concept of communal rights as a form of recognition of land ownership by indigenous communities aims to provide legal certainty, but has the potential to reduce the dimension of customary authority contained in the concept of customary rights. In order to achieve agrarian justice for Indonesia's indigenous communities, it is necessary to reconstruct the paradigm of more substantive customary law recognition within the national land law system. This circumstance demonstrates how the dualism between state law and customary law in the land sector persists in a new form.
Dynamics of the South China Sea Dispute: Indonesia’s Position in Multilateral Diplomacy and the Enforcement of UNCLOS 1982 Andin Wisnu Sudibyo; Richard
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.435

Abstract

The South China Sea constitutes a strategically significant global region due to its vital role in international trade, natural resource potential, and regional geopolitical stability; however, it also remains a complex maritime dispute area arising from overlapping claims by several states, particularly China’s unilateral nine-dash line claim, which is inconsistent with the provisions of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. Although Indonesia is not a direct claimant state, it possesses substantial strategic interests in safeguarding sovereignty, maritime security, and legal certainty under international law, especially with regard to its Exclusive Economic Zone (EEZ) in the North Natuna Sea. This study aims to analyze the dynamics of the South China Sea dispute from an international law perspective by focusing on Indonesia’s position in multilateral diplomacy and the enforcement of UNCLOS 1982. Employing a qualitative descriptive-analytical method, this research is based on doctrinal legal analysis of primary, secondary, and tertiary legal materials, including UNCLOS 1982, the 2016 arbitral award in Philippines v. China, official ASEAN documents, and contemporary scholarly literature. The findings indicate that while UNCLOS 1982 provides a clear and binding legal framework for maritime dispute settlement, its implementation faces significant challenges due to political considerations and geopolitical power dynamics. Indonesia consistently emphasizes the primacy of international law, strengthens multilateral diplomacy through ASEAN, and actively promotes the establishment of a legally binding Code of Conduct, thereby affirming its role as a normative actor contributing to regional stability and the enforcement of the international law of the sea.
The Dynamics of the Constitutional Court’s Authority in Determining Age Limit Requirements for Political Leadership Candidates Rahmad Prasetyo; Richard
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.436

Abstract

The Constitutional Court of Indonesia plays a central role in the national constitutional system through its authority to review statutory laws against the 1945 Constitution of the Republic of Indonesia, and one of the most debated constitutional issues in recent years concerns the Court’s authority to interpret and determine age limit requirements for political leadership candidates, particularly presidential and regional head candidates. Although such age requirements were originally regulated explicitly by statutory provisions, Constitutional Court decisions have significantly altered these norms, generating legal and political controversy and affecting the structure of Indonesia’s electoral system. This study aims to analyze the dynamics of the Constitutional Court’s authority in adjudicating cases related to age limit requirements for political leadership candidates and to examine the constitutional and democratic implications of these decisions. Employing a normative legal research method with a statute approach and a case approach focusing primarily on Constitutional Court Decision No. 90/PUU-XXI/2023—this study relies on primary legal materials such as the 1945 Constitution, election and regional governance statutes, and Constitutional Court rulings, as well as secondary materials from academic journals, books, and recent scholarly literature. The findings indicate that the Constitutional Court, in this decision, has gone beyond its traditional role as a negative legislator and has assumed characteristics of a positive legislator by effectively creating new legal norms through progressive constitutional interpretation, thereby raising concerns regarding the limits of judicial authority, the potential shift of legislative functions from the legislature to the judiciary, and the need to reinforce institutional checks and balances to maintain legal certainty and democratic legitimacy within Indonesia’s constitutional and electoral system.
Co-Authors Akh Mulyanto Andin Wisnu Sudibyo Rahmad Prasetyo