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INDONESIA
Masalah-Masalah Hukum
Published by Universitas Diponegoro
ISSN : -     EISSN : 25274716     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 742 Documents
 71   72   73   74   75 
REVITALIZING TRADITION: THE ROLE OF PAKAT PERKARA IN RESOLVING LAND DISPUTES WITHIN THE DAYAK TOBAG COMMUNITY Seko, Salfius; Soa, Alfonsus Hendri
Masalah-Masalah Hukum Vol 54, No 1 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.1.2025.47-56

Abstract

Land disputes are a significant issue, especially for Indigenous communities, where traditional customs play a central role in resolving conflicts. In Tebang Benua Village, Tayan Hilir District, Sanggau Regency, the Dayak Tobag community utilizes a unique dispute resolution mechanism known as Pakat Perkara, which focuses on negotiation and consensus-building to resolve land disputes. This study examines the effectiveness of the Pakat Perkara mechanism, which integrates local wisdom and customary law to foster harmony and social cohesion. While the mechanism promotes fairness and inclusivity, challenges arise in reaching agreements, especially when there are significant differences in interests. This research highlights the need for further development and strengthening of this approach to ensure it functions effectively in addressing disputes. It also emphasizes the importance of integrating customary law into the formal legal system, creating a more responsive and equitable framework for resolving land disputes. The study concludes by recommending the revitalization of customary courts and legal procedures to enhance Indigenous peoples' autonomy and justice, promoting sustainable land management and community empowerment.
EVALUATING THE ENVIRONMENTAL IMPACTS OF INDONESIA’S ELECTRIC VEHICLE POLICY: ALIGNING WITH SUSTAINABILITY AND CONSERVATION PRINCIPLES Hardiyan, Salwa Putri; Wibawa, Kadek Cahya Susila; Azhar, Muhamad; Gabriel, Jaewook Lee
Masalah-Masalah Hukum Vol 54, No 1 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.1.2025.57-68

Abstract

This study analyzes the environmental implications of Indonesia’s Battery Electric Vehicle (BEV) policy, as outlined in Presidential Regulation No. 55 of 2019. The policy aims to reduce greenhouse gas (GHG) emissions and promote a transition to renewable energy within the transportation sector. While the BEV program has contributed to a reduction in GHG emissions, the research identifies several environmental concerns associated with the policy. These include the environmental damage caused by nickel mining, the reliance on coal-fired power plants for electricity generation, and the inadequate handling of battery waste. The study evaluates these issues through the lens of Indonesia's Environmental Protection and Management Law, emphasizing the principles of sustainability and conservation. The findings suggest that the current implementation of the BEV policy does not fully adhere to these principles, as it neglects the broader environmental impacts of nickel extraction, fossil energy dependence, and improper battery waste management. To enhance the policy's effectiveness and ensure alignment with sustainable practices, the research recommends revisions in key areas such as raw material sourcing, energy generation for electric vehicle charging, and waste management protocols. The study highlights the need for a comprehensive and environmentally conscious approach to achieve the long-term goals of reduced emissions and a cleaner transportation system.
DISSEMINATION OF COMMUNISM/MARXISM-LENINISM AS POLITICAL OFFENSE IN INDONESIAN: NATIONAL SECURITY PROTECTION OR ACADEMIC FREEDOM THREAT Fernando, Zico Junius; Arifin, Firdaus; Sitepu, Sudirman
Masalah-Masalah Hukum Vol 54, No 2 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.2.2025.115-135

Abstract

This study examines Indonesia’s historical relationship with Communism and Marxism-Leninism, ideologies linked to the Madiun Rebellion of 1948 and the 1965 attempted coup. Despite the collapse of the Soviet Union and the global decline of Communist influence, legal provisions criminalizing the dissemination of Communism under the Indonesian Penal Code remain, raising concerns about academic freedom. These laws potentially restrict scholarly discussions and research, particularly concerning the 1965 events, both in academic settings and digital platforms. Using doctrinal legal research and comparative insights from Germany and Hungary, this study concludes that criminalizing Communist dissemination is no longer appropriate in Indonesia's current socio-political context. Legal protections should instead focus on safeguarding public interest and the rights of those affected by the 1965 events. Moreover, the vague formulation of Articles 188 and 189 of the Indonesian Penal Code poses a threat to academic freedom. The research suggests that policymakers reconsider these legal provisions and develop a clearer, more precise definition of “clear and present danger” to balance national security concerns with academic freedom. This study contributes to the debate on legal reform, highlighting the need for an updated approach that allows open academic discourse while respecting the rights of those affected by historical events.
REVITALIZING POST-MINING LAND: THE ROLE OF THE LAND BANK IN PROMOTING SOCIAL JUSTICE AND ENVIRONMENTAL SUSTAINABILITY Wardhani, Dwi Kusumo
Masalah-Masalah Hukum Vol 54, No 2 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.2.2025.136-155

Abstract

This research examines the role of the Land Bank in Indonesia’s legal policy, focusing on state rights and the pursuit of social justice. According to Article 33 of the 1945 Constitution, the state holds the authority to control land and natural resources, ensuring their use for public welfare. The Land Bank is a key institution in managing land, particularly post-mining areas, to address the environmental damage and ensure equitable benefits for local communities. However, in practice, the implementation of the Land Bank has faced several obstacles, including insufficient socialization, weak state control over land, and land disputes stemming from an underdeveloped land registration system. Using an empirical juridical method, this study analyzes secondary data from legal texts, doctrines, and previous research, while primary data is gathered through interviews with stakeholders from PT Timah Tbk, the Ministry of Agrarian Affairs, and the Environmental Agency of East Belitung. The findings highlight the need for legal harmonization between key laws, such as the Basic Agrarian Law, the Mineral and Coal Law, and the Environmental Law, to create a clear framework for the Land Bank’s operation. The research proposes a comprehensive Land Bank model that integrates a strong institutional structure, skilled human resources, and effective administrative systems. Additionally, it stresses the importance of incorporating environmental sustainability and social justice principles in the management of post-mining land to promote the welfare of affected communities and prevent land speculation.
AUTHORITY, DISCRETION, AND INCLUSION: A SOCIO-LEGAL ANALYSIS OF MARRIAGE REGISTRARS AND SENSORY DISABILITIES IN INDONESIA Ni'ami, Mohammad Fauzan; Saifullah, Saifullah; Fakhruddin, Fakhruddin
Masalah-Masalah Hukum Vol 54, No 2 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.2.2025.156-178

Abstract

This study explores the role of marriage registrars in Indonesia when officiating marriages involving individuals with sensory disabilities. Focusing on Jombang Regency, East Java, the research investigates the legal actions and motivations of registrars in ensuring the compliance of marriage procedures for sensory-disabled couples. Using a socio-legal approach and Max Weber’s theory of action, the study identifies two models of action: legal authoritative actions and legal discretionary actions. Registrars, as legal authorities, enforce marriage registration regulations, ensuring that prospective brides and grooms with sensory disabilities meet the required criteria. However, due to the absence of specific regulations regarding marriage registration for sensory-disabled individuals, registrars exercise discretion, modifying procedures to accommodate communication limitations. The study finds that registrars’ motivations for these actions are guided by legal rationality, ensuring legal certainty in authoritative actions, and legal responsiveness, aiming to uphold the rights of individuals with sensory disabilities. The findings highlight the need for legal reforms in family law to integrate disability rights into marriage registration regulations, as registrars face challenges in officiating marriages for sensory-disabled individuals within the existing legal framework. The research contributes to the understanding of how legal actors, such as marriage registrars, balance legal obligations with the need for flexibility in ensuring inclusive practices for marginalized groups.
JUSTIFICATION FOR THE ESTABLISHMENT OF A LAND COURT IN INDONESIA: REALIZING JUSTICE IN LAND DISPUTE RESOLUTION Wahid, Abdul; Sulistiyono, Adi
Masalah-Masalah Hukum Vol 54, No 2 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.2.2025.179-213

Abstract

Agrarian disputes in Indonesia are highly complex, covering a range of issues such as customary and communal land rights, certificate disputes, conflicts between communities and corporations, and state land acquisition. These challenges are compounded by the inability of general courts to effectively address them due to overlapping jurisdictions, inadequate coordination, and a lack of technical expertise. Consequently, the resolution of land disputes is often delayed, leading to diminished public trust in the judicial system. Comparative studies from Brazil and New Zealand have shown that specialized land courts can enhance efficiency, consistency, and the protection of indigenous rights by focusing on specific mandates, employing expert knowledge, and utilizing mediation mechanisms. This research highlights the urgent need for the establishment of a Land Court in Indonesia, presenting it as a critical institutional reform that would ensure legal certainty, provide substantive justice, and improve access to justice. The novelty of this study lies in its integrative approach, which combines doctrinal, comparative, and empirical analyses. The proposed Land Court, staffed with specialized judges, land experts, and supported by strong mediation procedures, is designed to offer quicker, fairer, and more socially legitimate outcomes. This approach is expected to strengthen public confidence in Indonesia’s land governance system, ultimately improving the overall effectiveness of land dispute resolution.
PROTECTING PALESTINIAN CHILDREN IN GAZA: LEGAL ENFORCEMENT OF THE UNITED NATIONS CHILD RIGHTS CONVENTION Gunawan, Yordan; Putra, Muhammad Raqi Pratama; Mareto, Irvan
Masalah-Masalah Hukum Vol 54, No 2 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.2.2025.283-295

Abstract

This study aims to analyze the effectiveness of the United Nations Convention on the Rights of the Child (UNCRC) in protecting children’s rights in Palestine, particularly in Gaza, which has experienced severe violations of children’s rights due to Israeli attacks since October 2023. Israel, as a state party to the UNCRC, has been found to fail in fulfilling its obligations to protect Palestinian children. The ongoing conflict has resulted in over 17,000 child fatalities, with thousands more injured and separated from their families, while their rights to life, development, education, and protection from violence have been severely breached. Although the UNCRC aims to safeguard children’s rights globally, the violations in Gaza highlight the weaknesses in its implementation. This research employs a normative legal research methodology, analyzing international legal documents, including the UNCRC, the 1948 Genocide Convention, and related international law. The findings of this study reveal that, despite Israel’s ratification of the UNCRC, the country continues to violate Palestinian children’s rights, particularly through mass killings, the destruction of educational and healthcare infrastructure, and the blockade obstructing access to essential services. This study suggests the need for strengthening international law enforcement mechanisms, including reforms in the UNCRC’s monitoring body and greater involvement of international organizations such as UNICEF, along with the removal of veto power in the UN Security Council, to ensure Israel's accountability for the violations of children’s rights occurring in Gaza.
STRENGTHENING LEGAL PROTECTIONS AGAINST SOCIAL ENGINEERING IN DIGITAL BANKING: CHALLENGES, GAPS, AND RECOMMENDATIONS Utami, Putu Devi Yustisia; Purwanti, Ni Putu
Masalah-Masalah Hukum Vol 54, No 2 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.2.2025.214-226

Abstract

Social engineering is a form of manipulation used by malicious actors in digital banking services, exploiting social interaction mechanisms that can lead to financial losses for customers. Under Article 55 of the Financial Services Authority Regulation on Consumer Protection, financial institutions are obligated to safeguard customer funds. However, these protections often fail during social engineering incidents. This study utilizes both normative and empirical legal research methods to analyze common social engineering schemes, such as the distribution of APK files containing malware, phishing, pretexting, baiting, and quid pro quo. Consumer protection in the banking sector is regulated by several legal instruments, including the Consumer Protection Act, Financial Sector Development and Strengthening Act, and Financial Services Authority Regulation on Consumer Protection. Although these frameworks include fundamental consumer protection principles, they are inadequate in addressing the specific needs of customers affected by social engineering. Legal remedies for affected customers include filing complaints with banks or the Financial Services Authority, and pursuing litigation following fraud reports to the police, as stated in Article 378 of the Indonesian Criminal Code. The study recommends that the government issue more detailed implementing regulations under the Financial Services Authority's Consumer Protection framework to provide effective legal remedies for victims. Additionally, banks should implement financial literacy programs, and customers should exercise caution to avoid disclosing sensitive information in digital banking services.
AGRARIAN REFORM AS A HUMAN RIGHTS IMPERATIVE: BRIDGING INEQUALITY AND JUSTICE IN LAND DISTRIBUTION Arisaputra, Muhammad Ilham; Ashri, Abdul Munif
Masalah-Masalah Hukum Vol 54, No 2 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.2.2025.227-239

Abstract

This study investigates the connection between agrarian reform and human rights, exploring how agrarian reform, as a strategy to address structural inequalities in land distribution, is fundamentally linked to human rights principles. Through a normative approach incorporating statutory, theoretical, and philosophical analyses, this research highlights that agrarian reform is not merely a policy choice but an obligation for States, stemming from their duty to uphold the human right to land. International frameworks, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP 2007) and the United Nations Declaration on the Rights of Peasants (UNDROP 2018), recognize the right to land as a central element of human rights. In the context of Indonesia, where land inequality remains a significant issue, agrarian reform is essential for achieving social justice and redressing historical injustices, particularly for marginalized groups such as peasants and Indigenous peoples. The study argues that agrarian reform should not be viewed merely as land redistribution but as a broader effort to promote human dignity, equality, and prosperity, thus aligning with the principles of social justice and the State’s responsibility to ensure equitable land access. This research contributes to the understanding of agrarian reform as a human rights imperative, offering insights into its theoretical underpinnings and practical implications for legal and policy reforms.
REDEFINING CHILDHOOD: ADDRESSING LEGAL INCONSISTENCIES AND THE ROLE OF TRANSITIONAL AGE IN JUVENILE JUSTICE Supriadi, Moh.; Yuliana, Yuliana; Ghani, Mohamad Zulkifli Abdul
Masalah-Masalah Hukum Vol 54, No 2 (2025): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.54.2.2025.240-254

Abstract

Indonesia’s legal framework, grounded in civil law, predominantly utilizes statutes as its primary source of legal authority. Nonetheless, discrepancies in the definitions of legal terminology across different statutes have resulted in ambiguity, especially regarding the interpretation of the term “child.”  The varying definitions of “child” across the Criminal Code, the Civil Code, and other child protection laws contribute to legal ambiguity, particularly regarding the rights and protections available to children in conflict with the law. Law No. 11 of 2012, known as the Juvenile Criminal Justice System Law, specifies that a child is defined as an individual between the ages of 12 and 18. Additionally, it encompasses individuals aged 18 to 21 who have yet to fulfill their sentence. This inconsistency leads to uncertainty about the enforcement of legal penalties and the suitable correctional institutions for these individuals. This study seeks to examine the legal terminology related to “children in conflict with the law” within the framework of the Juvenile Criminal Justice System Law, with an emphasis on the consequences for their placement and rehabilitation in Juvenile Correctional Institutions and Youth Prisons. The study adopts an empirical-normative methodology, incorporating field interviews and document analysis as key components. The findings indicate that varying definitions of “child” create ambiguity in legal application, especially concerning rehabilitation and sanctioning processes. The research offers valuable insights by advocating for the adoption of the term “transitional age” to delineate the differences between children and adults. This would improve legal clarity, safeguard children’s rights, and guarantee rehabilitation programs that are specifically designed to meet their developmental requirements.

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