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All Journal Journal of Law Science indonesian Journal of Administrative Law and Local Government (IJALGOV)
Sapto Hermawan
Universitas Sebelas Maret, Indonesia
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Reconfiguring State Recognition: Changing Legal Patterns for Indigenous Communities in Indonesia’s Legal System Febrian Kusuma; Sapto Hermawan
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 01 (2025): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i01.40307

Abstract

 Indigenous peoples' constitutional rights recognition is closely related to the struggle for Human Rights. Although Indonesia has thousands of indigenous communities that have been recognized since the colonial era, the legal issue of identifying the identity of indigenous peoples as legitimate citizens is still ongoing. This problem arises with the absence of definite indicators in the constitution that can be used to describe the resolution of indigenous peoples clearly. This article aims to examine the consistency of the mechanism for recognizing the rights of indigenous peoples in the Draft Law on Indigenous Peoples with the principles of Good Legal Formulation. The research was conducted using doctrinal research methods. The conceptual and regulatory approaches were used to find the construction of the ideal legal form in guaranteeing the rights of indigenous peoples. The eight principles of legality are the basis for building legal arguments in ensuring that the Draft Law on Indigenous Peoples has been made following the principles of Good Legal Formulation. The results of the study show that there are still weaknesses in the procedure for recognizing indigenous peoples that have the potential to harm these communities, thereby causing social change. From these findings, it can be concluded that the government needs to review the indicators and procedures used to obtain constitutive recognition for indigenous peoples. This research will have a significant impact on the provision of constitutional rights and improving the standard of living of indigenous peoples in Indonesia
Constitutional model for financial authority restructuring between central and regional governments in Indonesia Muhammad Rizal; Sapto Hermawan
Journal of Law Science Vol. 8 No. 1 (2026): January: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v8i1.6777

Abstract

The imbalance of fiscal authority between Indonesia’s central and regional governments remains a fundamental issue that challenges the constitutional ideal of fiscal decentralization. Although the 1945 Constitution mandates regional autonomy, the concentration of financial control at the central level has led to inefficiencies, idle funds, and procedural disparities. This study examines the constitutional framework governing fiscal authority, identifies procedural challenges in its implementation, and proposes a constitutional model to restructure intergovernmental fiscal relations. Using a normative juridical approach combined with conceptual and statutory analysis, the research explores constitutional provisions, fiscal regulations, and Constitutional Court decisions to evaluate the alignment between law and practice. The findings reveal that the existing system remains hierarchically centralized and procedurally fragmented, limiting transparency, accountability, and regional fiscal innovation. Therefore, this article proposes a procedural constitutional model emphasizing coordination, equity, and efficiency as the foundation for a balanced fiscal relationship between the central and regional governments. This study introduces a novel constitutional procedural model to harmonize Indonesia’s central–regional fiscal governance through transparency and accountability. Such a model reinforces legal certainty while promoting an accountable and participatory fiscal governance system consistent with Indonesia’s constitutional democracy.
Co-Authors Febrian Kusuma Muhammad Rizal