A GLOBAL / COUNTRY STUDY REPORT on “INDONESIA” Submitted to Gujarat Technological University in PARTIAL FULFILLMENT of the R
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Land Policy and Adat Law in Indonesia's Forests
Washington International Law Journal Volume 11 Number 1 1-1-2002 Land Policy and Adat Law in Indonesia's Forests Kallie Szczepanski Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, Natural Resources Law Commons, and the Property Law and Real Estate Commons Recommended Citation Kallie Szczepanski, Comment, Land Policy and Adat Law in Indonesia's Forests, 11 Pac. Rim L & Pol'y J. 231 (2002). Available at: https://digitalcommons.law.uw.edu/wilj/vol11/iss1/7 This Comment is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Copyright 0 2002 Pacific Rim Law& Policy JournalAssociation LAND POLICY AND ADA T LAW IN INDONESIA'S FORESTS Kallie Szczepanski Abstract: The Indonesian government's land laws and policies lead to displacement of and hardship for the indigenous peoples of the archipelago. The Basic Agrarian Law, Basic Forestry Law, and Spatial Planning Law all allow for expropriation of indigenous lands formerly governed under the adat legal system. In addition, the central government's policy of transmigration-the shifting of people from the populous Inner Islands of Java, Bali, and Madura to the Outer Islands-only increases the economic and cultural pressure on indigenous peoples of the Outer Islands. The hopelessness and anger that result from the marginalization of traditional adat societies fuel violent ethnic conflicts, in which tribes such as the Dayak of Kalimantan seek to drive out the transmigrants and the timber and mining interests that have acquired rights to the Dayak's traditional lands. -
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Advances in Economics, Business and Management Research, volume 59 International Conference on Energy and Mining Law (ICEML 2018) Law Enforcement to the Mining Crime of Class of C Without Permission Under Law No. 4 Year 2009 On Mineral Mining and Coal Sabungan Sibarani Law Faculty Borobudur University Jakarta, Indonesia [email protected] Abstract— This paper aims to find solutions related to law definition is only focused on excavation or mining activities enforcement to the mining crime of class of C without of ores. Excavation or mining is an attempt to explore the permission under Law No. 4 years 2009 on Mineral Mining various potentials contained in the stomach earth. In the and Coal. The handling of unlicensed Mining Permit cases that definition this is also not seen how the relationship between occurred in several regions in Indonesia has been proven by the government with legal subjects. In fact, to dig the mining several cases processed and already transferred to the material is required company or agency laws that manage prosecutor's office for trial in some first instance courts or them. even at the level of the supreme court with the violated Article is Article 158 of Law No. 4 of 2009 on Mineral and Coal Basically the arrangement of the management of minerals Mining juncto Article 109 juncto Article 116 of Law Number 32 or mining fields at Indonesia, as well as the legal basis of Year 2009 on the Environment juncto Article 55, 56 paragraph other fields in general, that is, begins since the Dutch East (1) for 1 of Criminal Code. -
Indonesian Private International Law: the Development After More Than a Century
Indonesian Journal of International Law (2017), Vol. 14 No. 3, pp. 381-416 doi: 10.17304/ijil.vol14.3.700 INDONESIAN PRIVATE INTERNATIONAL LAW: THE DEVELOPMENT AFTER MORE THAN A CENTURY Tiurma M. P. Allagan Faculty of Law, University of Groningen, The Netherlands Correspondence: [email protected] Abstract Indonesian Private International Law (PIL) until now is based on Algemene Bepalingen van Wetgeving (AB) described in the State Gazette No.23 of 1847. The latest development of Indonesian PIL was the issuance of Academic Bill of PIL in 2014. Between the time span of more than 150 years, what is the development of Indonesian PIL? Whether the principles of PIL as stipulated in Article 16 AB (Principle of Nationality), 17 AB (Lex Re Sitae) and 18 AB (Locus Rigit Actum) remains in the Bill of Indonesian PIL? Is there any alteration? Is there any PIL regulation in any other Indonesian prevailing regulation besides AB? This writing would like to answer such questions and reviewing the Bill of Indonesian PIL. The comparison research method will be made to the PIL regulation in the Netherlands to see the development of AB in its original country, particularly the three PIL’s Principles. Keywords: Indonesian Private International Law, Academic Bill of Indonesian PIL Submitted: 20 July 2016 | Revised: 23 November 2016 | Accepted: 15 April 2017 I. INTRODUCTION The principles of Private International Law (herein referred to as, the “PIL”) of the Republic of Indonesia (herein referred to as, the “RI”) are contained in Art.16, 17, 18 Algemene Bepalingen van Wetgeving voor Nederlands Indië [General Legislative Provisions for the Dutch East Indies], State Gazette 1847 No.23 (herein referred to as, the “AB”). -
Report of 37Th Conference of the ASEAN Federation of Engineering and 26Th Young Engineers of ASEAN Federation of Engineering Organisation Conference
Submission to the HKIE Executive HKIE-YMC Report of the 37th CAFEO & 26th YEAFEO Conference Dec 2019 Submission to the HKIE Executive Report of 37th Conference of the ASEAN Federation of Engineering and 26th Young Engineers of ASEAN Federation of Engineering Organisation Conference 10 - 13 September 2019 Jakarta The Hong Kong Institution of Engineers Young Members Committee Submission to HKIE Executive HKIE-YMC Report of the 37th CAFEO & 26th YEAFEO Conference Dec 2019 Contents 1. Introduction ................................................................................................................. 1 1.1 Background ............................................................................................................. 1 1.2 Objectives ................................................................................................................ 3 2. YEAFEO Meeting ........................................................................................................ 4 2.1 Country Report ..................................................................................................... 4 2.2 YEAFEO Governing Board Meeting ................................................................. 5 3. Sustainability Forum ................................................................................................. 6 3.1 Energy ...................................................................................................................... 6 3.2 LinkAja ................................................................................................................... -
The Workshop 2012 for Protection of Cultural Heritage in Martapura, Republic of Indonesia 15 - 20 October 2012
The Workshop 2012 for Protection of Cultural Heritage in Martapura, Republic of Indonesia 15 - 20 October 2012 The Workshop 2012 for Protection of Cultural Heritage in Martapura, Republic of Indonesia 15 - 20 October 2012 Cultural Heritage Protection Cooperation Office, Asia-Pacific Cultural Centre for UNESCO (ACCU) Edited and Published by Cultural Heritage Protection Cooperation Office, Asia-Pacific Cultural Centre for UNESCO (ACCU) 757 Horen-cho, Nara 630-8113 Japan Tel: +81 (0)742 20 5001 Fax: +81 (0)742 20 5701 e-mail: [email protected] URL: http://www.nara.accu.or.jp Printed by Meishinsha Ⓒ Cultural Heritage Protection Cooperation Office, Asia-Pacific Cultural Centre for UNESCO (ACCU) 2013 Preface The Cultural Heritage Protection Cooperation Office, Asia-Pacific Cultural Centre for UNESCO (ACCU) was established in August 1999 with the purpose of serving as a domestic centre for promoting cooperation in cultural heritage protection in the Asia-Pacific region. Subsequent to its inception, our office has been implementing a variety of programmes to help promote cultural heritage protection activities, maintaining partnerships with international organisations, such as UNESCO and the International Centre for the Study of the Preservation and Restoration of Cultural Property (ICCROM). The ACCU Nara’s activities include, training programmes for the human resources development, the international conference and seminar, the website for the dissemination of information relating to cultural heritage protection, and the world heritage lecture in local high schools. In addition to those, ACCU Nara periodically publishes International Correspondent Report based on contributions from appointed correspondents in the region and also conducts a regional training workshop which dispatches a group of lecturers from Japan and implements the practical training on cultural heritage protection on sites. -
Investment Alert Task Force Urges Public to Beware Of
SP 27/DKNS/OJK/III/2017 INVESTMENT ALERT TASK FORCE URGES PUBLIC TO BEWARE OF UN SWISSINDO’S OPERATION IN VARIOUS AREAS Denpasar, March 23, 2017 — The Task Force for Handling Alleged Unlawful Acts involving Public Funds Collection and Investment Management (the Investment Alert Task Force) urges the public to beware of the activities committed by UN Swissindo, which operates under the pretext of promising to repay one’s loans. “UN Swissindo’s operation has expanded to various areas, including Bali. So we hope the public will not be lured by their offers since their activities are illegal and do not comply with any loan repayment or financing mechanisms normally applied by banks and financing companies,” Investment Alert Task Force Chairman Tongam L Tobing said at a press conference in Bali, on Wednesday (Mar. 22). According to Tongam, UN Swissindo offered loan repayments by promising people that it would repay their loans/free them from their debts. It targeted those who had bad debts in banks, financing companies or other financial services companies. Its modus operandi was to issue guarantee letters/debt relief statements on behalf of the President and the State of the Republic of Indonesia as well as on behalf of international institutions from other countries. They provoked debtors not to pay their loans to creditors. A. Below are some of the methods that the company uses to offer its services: 1. Claiming that it acts on behalf of the state and/or certain state institutions on the grounds of people’s sovereignty, which is established by Pancasila (the national ideology) and the 1945 Constitution; 2. -
Sudargo Gautama and the Development of Indonesian Public Order: a Study on the Application of Public Order Doctrine in a Pluralistic Legal System
Sudargo Gautama and the Development of Indonesian Public Order: A Study on the Application of Public Order Doctrine in a Pluralistic Legal System Yu Un Oppusunggu A dissertation submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy University of Washington 2015 Reading Committee: John O. Haley, Chair Michael E. Townsend Beth E. Rivin Program Authorized to Offer Degree School of Law © Copyright 2015 Yu Un Oppusunggu ii University of Washington Abstract Sudargo Gautama and the Development of Indonesian Public Order: A Study on the Application of Public Order Doctrine in a Pluralistic Legal System Yu Un Oppusunggu Chair of the Supervisory Committee: Professor John O. Haley School of Law A sweeping proviso that protects basic or fundamental interests of a legal system is known in various names – ordre public, public policy, public order, government’s interest or Vorbehaltklausel. This study focuses on the concept of Indonesian public order in private international law. It argues that Indonesia has extraordinary layers of pluralism with respect to its people, statehood and law. Indonesian history is filled with the pursuit of nationhood while protecting diversity. The legal system has been the unifying instrument for the nation. However the selected cases on public order show that the legal system still lacks in coherence. Indonesian courts have treated public order argument inconsistently. A prima facie observation may find Indonesian public order unintelligible, and the courts have gained notoriety for it. This study proposes a different perspective. It sees public order in light of Indonesia’s legal pluralism and the stages of legal development. -
Mmubn000001 109833945.Pdf
PDF hosted at the Radboud Repository of the Radboud University Nijmegen The following full text is a publisher's version. For additional information about this publication click this link. http://hdl.handle.net/2066/148574 Please be advised that this information was generated on 2021-09-25 and may be subject to change. DECISION-MAKING PROCESSES IN FOUR WEST JAVANESE VILLAGES W.M.F.HOFSTEEDE DECISIONMAKING PROCESSES IN FOUR WEST JAVANESE VILLAGES PROMOTOR: PROF. DR ΕΜΑΛJ. ALLARD DECISION-MAKING PROCESSES IN FOUR WEST JAVANESE VILLAGES PROEFSCHRIFT TER VERKRIJGING VAN DE GRAAD VAN DOCTOR IN DE SOCIALE WETENSCHAPPEN AAN DE KATHOLIEKE UNIVERSITEIT TE NIJMEGEN, OP GEZAG VAN DE RECTOR MAGNIFICUS MR. W.C.L. VAN DER GRINTEN, HOOGLERAAR IN DE FACULTEIT DER RECHTSGELEERDHEID, VOLGENS BESLUIT VAN DE SENAAT IN HET OPENBAAR TE VERDEDIGEN OP VRIJDAG 2 APRIL 1971, DES NAMIDDAGS TE 2 UUR PRECIES door WILHELMUS MICHAEL FRANCISCUS HOFSTEEDE geboren te Delft Druk: Offsetdrukkerij Faculteit der Wiskunde en Natuurwetenschappen Nijmegen 1971 PREFACE This study deals with decision-making processes by West Javanese village com munities. My interest in the development of village communities goes back to the time when I was studying pedagogics at the Catholic University of Nij megen, the Netherlands, as a preparation for a teaching assignment at a teach er training college in Sukabumi, West Java, Indonesia. The preparation of a thesis about the interaction between Western education and the social life in West Java, discussions with Indonesian students, who at the time were studying in Europe, participation in a discussion group on community devel opment under the guidance of Mr. -
Living Adat Law, Indigenous Peoples and the State Law: a Complex Map of Legal Pluralism in Indonesia Mirza Satria Buana
Living adat Law, Indigenous Peoples and the State Law: A Complex Map of Legal Pluralism in Indonesia Mirza Satria Buana Biodata: A lecturer at Lambung Mangkurat University, South Kalimantan, Indonesia and is currently pursuing a Ph.D in Law at T.C Beirne, School of Law, The University of Queensland, Australia. The author’s profile can be viewed at: http://www.law.uq.edu.au/rhd-student- profiles. Email: [email protected] Abstract This paper examines legal pluralism’s discourse in Indonesia which experiences challenges from within. The strong influence of civil law tradition may hinder the reconciliation processes between the Indonesian living law, namely adat law, and the State legal system which is characterised by the strong legal positivist (formalist). The State law fiercely embraces the spirit of unification, discretion-limiting in legal reasoning and strictly moral-rule dichotomies. The first part of this paper aims to reveal the appropriate terminologies in legal pluralism discourse in the context of Indonesian legal system. The second part of this paper will trace the historical and dialectical development of Indonesian legal pluralism, by discussing the position taken by several scholars from diverse legal paradigms. This paper will demonstrate that philosophical reform by shifting from legalism and developmentalism to legal pluralism is pivotal to widen the space for justice for the people, particularly those considered to be indigenous peoples. This paper, however, only contains theoretical discourse which was part of pre-liminary -
The New Indonesian Company Law
THE NEW INDONESIAN COMPANY LAW BENNY S. TABALLJAN* 1. INTRODUCTION On March 7, 1995, the Indonesian government enacted a new law regulating limited liability companies (the Undang-Undang Tentang Perseroan Terbatas or "UUPT").' The UUPT came into force on March 7, 1996.2 The pre-UUPT company law of Indonesia was based largely upon twenty-one articles in the Indonesian Commercial Code (the Wetboek van Koophandel, Kitab Undang-UndangHukum Dagang or "KUHD").3 These provisions were first promulgated in 1847 * BEc LLB Monash LLM Melbourne; AIArbA; barrister & solicitor, Supreme Court of Victoria and the High Court of Australia; senior lecturer, Nanyang Business School, Nanyang Technological University, Singapore. This paper forms part of a longer paper presented at the conference Indonesian Law - The First 50 Years, held by the Asian Law Centre, The University of Melbourne, Australia, on 28 September 1995. I am much indebted to Mr. Frederick B. G. Tumbuan, senior partner of Tumbuan Pane, legal consultants in Jakarta, for reading an earlier draft of this paper and his detailed comments on it. My thanks also go to my colleague at the Nanyang Business School, Dr. Low Kee Yang, for his comments. Any shortcomings remain my own. All translations have been verified by the author and not by the University of PennsylvaniaJournal of InternationalEconomic Law. 1 Undang-Undang Republik Indonesia Nomor 1 Tahun 1995 Tentang Perseroan Terbatas [Law Concerning the Limited Liability Company, Law No. 1 of 1995] [hereinafter UUPT]. The official text is published in LEMBARAN NEGARA [STATE GAZETTE] No. 13 of 1995, with the Elucidation (Penjelasan) in the TAMBAHAN LEMEARAN NEGARA [SUPPLEMENT TO STATE GAZETTE] No. -
The Position of President and Vice President of Republic of Indonesia, After 3Rd Amendment Constitution 1945, Correlated with the 4Th Principle of Pancasila
SHS Web of Conferences 54, 01006 (2018) https://doi.org/10.1051/shsconf/20185401006 ICoL GaS 2018 The Position of President and Vice President of Republic of Indonesia, After 3rd Amendment Constitution 1945, Correlated with The 4th Principle of Pancasila Yoyon Mulyana Darusman¹* ¹ Faculty of Law Pamulang University, South Tangerang City, Banten Province, Indonesia Abstract. The third time amendments of the constitution Republic of Indonesia 1945 has amended the constitutional system of the position President Republic of Indonesia fundamentally In the article 6 clause 2, The original manuscript the law of the Republic of Indonesia 1945 mention that “The President and the Vice President of Republic of Indonesia are elected by people representative assembly through the most voters. Meanwhile the result of the third amendment as mentioned previously in the Article 6A, paragraph (1) said that “The president and vice president shall be elected in one partner by people directly. The amendment above has changed the authority of People Representative Assembly (MPR) to elect the president and the vice president of the Republic of Indonesia as a representative of people. The change has been a discussion in the people, is the change election the president and vice president which is done by the representative system through People Representative Assembly (MPR) or the direct election which is elected by people. The question, Does appropriate with the value of which contained in the fourth principle of Pancasila? The method of study through the empirical normative. The normative study will use the secondary data, it connects to the legislation, library references and the other supporting data. -
ISSN: 2591-7064 Vol. 2, No. 6, Sep. 2018 Ascendens Asia Journal of Multidisciplinary Research Abstracts
ISSN: 2591-7064 Vol. 1, No. 3, Nov. 2017 ISSN: 2591-7064 Vol. 2, No. 6, Sep. 2018 Ascendens Asia Journal of Multidisciplinary Research Abstracts Funded by Joint Multidisciplinary Research Conferences Joint Multidisciplinary Research Conferences Plus Multidisciplinary Research Festivals Available at www.ascendensasia.com/ojs www.aaresearchindex.com/ojs Published by Ascendens Asia Pte. Ltd. AAJMRA Vol. 2, No. 6, September 2018 Page 2 of 203 https://aaresearchindex.com/ojs/index.php/AAJMRA Ascendens Asia Journal of Multidisciplinary Research Abstracts Ascendens Asia Journal of Multidisciplinary Research Abstracts Volume 2 Number 6 September 2018 1st PUP-SIMP-AAG Joint International Multidisciplinary Research Conference Abstracts ISSN: 2591-7064 Recommended Citation (September 2018) "1st PUP-SIMP-AAG Joint International Multidisciplinary Research Conference Abstracts," Ascendens Asia Journal of Multidisciplinary Research Abstracts, Vol.2, No.6. Available at: "http://aaresearchindex.com/ojs/index.php/AAJMRA". The Ascendens Asia Journal of Multidisciplinary Research Abstracts(AAJMRA) is a collection of abstracts of research papers presented during Multidisciplinary Research Fests (MRFs) mainly organised by Ascendens Asia Singapore as well as other research conferences in collaboration with various institutions and learned societies. MRFs provide opportunities for collaboration with a common prime objective of creating platforms for students, faculty, staff, and researchers-alike from different institutions to interrelate/interact with their counterparts. MRFs are expected to aide and promote personality development and critical thinking as participants engage themselves in constructive discussions with other participating researchers. AAJMRAs are made available complimentary and for open access by Ascendens Asia Singapore. For more information, please contact [email protected]. AAJMRA Vol. 2, No.