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Legal Frontier
Published by Pusat Riset, Yayasan Cinta Negara Indonesia
ISSN : -     EISSN : 30901499     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Legal Frontier is a research and publication platform dedicated to exploring contemporary legal issues, policies, and jurisprudence. Our mission is to provide in-depth legal analysis, promote academic discourse, and contribute to the development of law and justice in various jurisdictions.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
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Search results for , issue "Vol. 1 No. 1 (2025): January: Law" : 5 Documents clear
Dynamics of customary land disputes and implementation of indigenous peoples' rights: a systematic study in the perspective of indonesian agrarian law Rian Cantona
Legal Frontier Vol. 1 No. 1 (2025): January: Law
Publisher : Yayasan Cinta Negara

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Abstract

Customary land disputes are an agrarian problem that continues to occur in Indonesia due to the unsynchronization between customary law and state law. Although the Basic Agrarian Law (UUPA) and several Constitutional Court decisions have recognized the rights of indigenous peoples to customary land, its implementation still encounters various obstacles. This study aims to analyze the main causal factors of customary land disputes and evaluate the effectiveness of existing regulations and settlement mechanisms. Using a systematic literature review method, this research examines various legal, social, economic and political aspects that influence the dynamics of customary land conflicts in Indonesia. The results show that unsynchronized regulations, weak law enforcement, and investment and development interests are the main factors that trigger conflicts between indigenous peoples, the government, and the private sector. In addition, the lack of legal protection mechanisms for indigenous peoples causes them to often experience evictions and criminalization when defending their customary land rights. The study also highlights more effective dispute resolution models, including strengthening the role of customary institutions, implementing Free, Prior, and Informed Consent (FPIC) mechanisms, and establishing independent institutions to deal fairly with agrarian conflicts
A Legal Perspective on Inheritance of Joint Property: A Comparative Analysis of Various Legal Systems Rosalina Limbong
Legal Frontier Vol. 1 No. 1 (2025): January: Law
Publisher : Yayasan Cinta Negara

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Abstract

Joint property inheritance is a complex issue in various legal systems around the world, reflecting the different principles and approaches between Civil Law, Common Law, Islamic law, customary law, and hybrid legal systems. This research aims to comparatively analyze the legal perspectives on inheritance of joint property in various legal systems, highlighting the main principles, application in various countries, and regulatory challenges that arise. The method used is a systematic literature review, by analyzing legal documents, court decisions, and relevant academic studies. The results show that in Civil Law, the distribution of inheritance generally follows written legal rules that strictly regulate the rights of heirs, while in Common Law, testamenter freedom is dominant, although it can be corrected by the court. In Islamic law, the faraid system regulates the distribution of inheritance based on religious decree principles, while in customary law, cultural norms and community values often influence inheritance patterns. In countries with pluralistic legal systems, such as Indonesia, Malaysia and Nigeria, regulatory disharmony can lead to inheritance disputes, especially in terms of gender imbalance and jurisdictional conflicts between national, customary and religious laws. This research confirms the importance of regulatory harmonization to create a more inclusive and equitable inheritance law system. Legal reforms that accommodate gender equality, legal certainty and administrative efficiency are strategic steps in facing the challenges of inheriting joint property in the modern era. With a deeper understanding of these different legal systems, it is hoped that legal policies can be developed to reduce inheritance disputes and improve the protection of the rights of all parties involved.
Human Rights in Transition: a Research if Legal, Ethical, and Policy Dimensions Permata sakti
Legal Frontier Vol. 1 No. 1 (2025): January: Law
Publisher : Yayasan Cinta Negara

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Abstract

This research explores the intersection of legal, ethical, and policy dimensions in transitional human rights, aiming to identify trends, challenges, and frameworks in the context of post-conflict and political transitions. The study adheres to established guidelines (PRISMA) and systematically analyzes peer-reviewed studies, case studies, and reports from reputable databases, with a focus on diverse regions and transitional contexts. Key findings highlight the complexities in balancing legal accountability with the ethical imperative of national reconciliation, and the pivotal role of international organizations in shaping transitional justice policies. The review underscores significant gaps, including the underexplored intersectionality of human rights violations, emerging issues like digital rights, and the impact of climate change on human rights transitions. By synthesizing existing literature, the review provides critical insights into the evolving nature of transitional justice, emphasizing the need for adaptive, interdisciplinary approaches that consider local contexts and emerging global challenges. The implications of the findings call for a shift toward context-sensitive, integrated frameworks for human rights advocacy and governance, offering a foundation for future research and policy innovation in transitional human rights
A Review of Problems Arising in the Enforcement of Business Competition Laws Roy Marten
Legal Frontier Vol. 1 No. 1 (2025): January: Law
Publisher : Yayasan Cinta Negara

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Abstract

Enforcement of business competition law is an important instrument in maintaining balance and fairness in the market. However, in practice, there are various problems that hinder the effectiveness of competition policy implementation. This study aims to review the issues arising in competition law enforcement, including regulatory aspects, enforcement by competent authorities, as well as challenges in the judicial process. Using a normative juridical approach and analysis of relevant cases, this study identifies the main factors that cause weak enforcement, such as lack of coordination between agencies, limited resources, and obstacles in proving cases. The results of this study are expected to provide recommendations for policy makers in strengthening the effectiveness of competition law enforcement in order to create a healthy and fair competition climate in Indonesia
The Human Rights Protection in The Process of Justice Charolina
Legal Frontier Vol. 1 No. 1 (2025): January: Law
Publisher : Yayasan Cinta Negara

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Abstract

Legal regulations on the protection of human rights can be guided by Law No. 39/1999, but in the process of enforcing the law in court, legal protection is only limited in an abstract form, namely against the perpetrators of the crime, while for the victim it has not been regulated concretely by law, so that the rights of the victim are always put aside and this according to the law clearly violates human rights. The protection of human rights in the judicial process should be concrete and not abstract, therefore in an effort to protect human rights in law enforcement in order to achieve real or substantive justice the decision must consider the interests of the victim, even though the law has not been expressly regulated, but judges as law creators and law inventors must have the courage to make new laws so that the perpetrator is not only punished by the body, but must be responsible for the losses suffered by the victim. In the judicial process, the judge can apply this responsibility in 2 (two) ways, namely: Civil Liability and Criminal Liability, so that the legal protection of victims in the judicial process is truly felt to be fair by both parties, so that the victim as the aggrieved party or the complainant in a case that he has suffered

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