Bajury, Mimi Sintia Mohd
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IPR-Based Sustainable Tourism: Comparative Analysis of Indonesia, Malaysia, and Thailand Disemadi, Hari Sutra; Bajury, Mimi Sintia Mohd; Nurlaily, Nurlaily; Anggraini, Ratih; Sihombing, Dame Afrina
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.43454

Abstract

This article discusses the potential of IPR-based sustainable tourism in Indonesia, Malaysia, and Thailand, three Southeast Asian countries with immense cultural resources that can further develop the tourism industry. This analysis primarily assesses the adequacy of the relevant regulatory frameworks in bridging sustainability and tourism, particularly by utilising the relevant IPR regimes. Employing the normative legal research method, this study finds that all three countries are for the most part, normatively inadequate to adopt an IPR-based sustainable tourism system, due to the lack of emphasis on ‘social interests’ with regards to community development and its connection with the bigger and more urgent objective of environmental sustainability. However, the study also notes that Indonesia stands out as the country with the most comprehensive and locally sensitive IPR frameworks. These frameworks potentially facilitate a harmonious connection between the three domains through the perspective of Roscoe Pound’s Sociological Jurisprudence, specifically how law is viewed as an instrument for social engineering, which serves the objective of moving the tourism sector and its stakeholders towards a more sustainable approach.
Legal Pluralism in Contracts: Reconstruction of the Principle of Freedom of Contract for the Harmonization of Customary and National Law Agustini, Shenti; Bajury, Mimi Sintia Mohd; Agustianto, Agustianto; Jaya, Febri; Fitri, Winda
SASI Volume 32 Issue 3, September 2026
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v32i3.3812

Abstract

Introduction: This article examines the normative tension between the principle of freedom of contract in national civil law and the practice of customary agreements within indigenous communities. In the Indonesian legal system, contractual relations are generally constructed on an individualistic and formal legal framework, while customary agreements are rooted in communal values, unwritten norms, and local wisdom. Within the perspective of legal pluralism, the coexistence of these different legal orders often generates challenges in terms of recognition, validity, and legal enforcement. Purposes of the Research: The purpose of this research is to identify the normative points of tension between the doctrine of freedom of contract and the practice of customary agreements and to formulate a conceptual model for integrating these norms within the national civil law system through the perspective of legal pluralism. Methods of the Research: This research employs a normative juridical method using statute, conceptual, and comparative approaches. Legal materials consist of primary legal sources such as legislation and secondary materials including legal doctrines and scholarly writings related to civil law, customary law, and legal pluralism. Results of the Research: The findings reveal that the normative tension between the principle of freedom of contract and customary agreements stems from differences in legal subjects, consent, evidentiary standards, bargaining positions, and legal authority. To address these tensions, this study proposes an integration model through the reconstruction of the freedom of contract doctrine to accommodate communal values, a progressive approach recognizing customary agreements as legally valid, adaptive evidentiary mechanisms that incorporate customary proof, and legal pluralism-based harmonization between national civil law and customary law. These models preserve legal certainty while strengthening recognition of indigenous communities' living law.