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All Journal Jurnal Akta Journal of Adat Recht
Angga Aldilla Gussman
Universitas Jambi
Law, Crime, Criminology & Criminal Justice

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The Existence of Customary Law in the Protection of Customary Land Rights of Indigenous Peoples in Indonesia Loso Judijanto; Angga Aldilla Gussman
Journal of Adat Recht Vol. 2 No. 5 (2026): JANUARY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/zh4ys597

Abstract

Customary law is a legal system that lives and develops in Indonesian society and has an important role in the regulation and protection of customary land rights of indigenous peoples. The recognition of the existence of customary law communities and their traditional rights has been constitutionally affirmed through Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia. However, this recognition has not been fully implemented effectively in the national legal system, especially in the field of land. This study aims to analyze the existence of customary law in the protection of customary land rights of indigenous peoples and assess the consistency of its regulation in laws and regulations, especially Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles. The research method used is normative juridical with a legislative approach and a conceptual approach. The results of the study show that the recognition of customary rights in the UUPA is still conditional and tends to be subordinate to the concept of the right to control by the state. This condition creates legal uncertainty and weakens the protection of indigenous peoples' rights over their territory. In addition, the lack of harmonization of various sectoral regulations further increases the potential for agrarian conflicts. Therefore, it is necessary to strengthen regulations and harmonize laws that place customary law as an integral part of the national legal system in order to realize the protection of customary land rights that are just.                 
Comparison of Civil Legal Responsibility in BPJS Health Services in Indonesia and National Health Service in England Helma Widya; Angga Aldilla Gussman
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.52997

Abstract

This study examines and compares civil legal liability in the provision of health services between the Social Security Administration for Health (BPJS Kesehatan) in Indonesia and the National Health Service (NHS) in the United Kingdom. Both health insurance systems represent concrete forms of state intervention in fulfilling citizens' basic rights to health, but have fundamentally different legal foundations, institutional structures, and civil legal liability mechanisms. Using a normative-comparative legal research method, this study analyzes the legal construction of civil liability, dispute resolution mechanisms, and legal protection for participants in both systems. The results show that Indonesia still relies on a liability approach based on the Civil Code (KUHPerdata) and sectoral regulations with high institutional fragmentation, while the United Kingdom has established an integrated NHS Resolution system with a mature negligence doctrine and an efficient compensation mechanism. This study recommends structural reforms to the BPJS Kesehatan civil legal liability system towards a more integrated, transparent, and participant-protection-oriented model.
Co-Authors Helma Widya Loso Judijanto