IS THE LAW (POSSIBLY) DEAD OR CAN IT BE KILLED? OR HAS THE STATE FAILED/HAS IT BEEN ABSENT?

Law is impossible to die, even if we can strangle it until limp. This questions appeared the possibility of killing the law by tracing the ideas about the law and the state that appears in the passage of time. What emerges is that the order or disorder always presupposes the emergence of law. Although it does not indicate whether the law appear fair or not. The fact is that people need a law although not necessarily requiring the State. Problems faced by Indonesia is now possible to be considered not as a matter of law, but the inability of the State  to present itself as something that is needed by the community.Keywords : Community, Emergence of  Law, Fairnes

IS THE LAW (POSSIBLY) DEAD OR CAN IT BE KILLED? OR HAS THE STATE FAILED/HAS IT BEEN ABSENT?

Law is impossible to die, even if we can strangle it until limp. This questions appeared the possibility of killing the law by tracing the ideas about the law and the state that appears in the passage of time. What emerges is that the order or disorder always presupposes the emergence of law. Although it does not indicate whether the law appear fair or not. The fact is that people need a law although not necessarily requiring the State. Problems faced by Indonesia is now possible to be considered not as a matter of law, but the inability of the State  to present itself as something that is needed by the community.Keywords : Community, Emergence of  Law, Fairnes

BAYANGAN AKAN BANGSA DALAM KONTEKS HAK UNTUK MENENTUKAN NASIB SENDIRI: SUATU WACANA

Two issues shall be discussed: what is meant by people’s right to self determination and how has it been realized, also in the context of indigenous-tribal peoples. Analysis shall be done, by using a juridical doctrinal method. The purpose would go beyond explaining but also induce understanding of people’s right to self determination in the context of nation states. One determining faktor in the construction of a nation state is the emergence of an imagined solidarity between peoples from different races, tribes, or religious beliefs, being the result of suffering under colonialism. Notwithstanding that indigenous or tribal peoples may and in fact experience similar suffering under the state they are considered to be part of, international law, while recognizing their right to self determination, does not fully extend the same scope of rights to them

Is Cassava the Next Magic Solution to World Hunger and Energy Crisis? The Indonesian Experience

This chapter addresses, from a legal (state law) perspective, the issue regarding the feasibility of using cassava as alternate staple food beside rice for the Indonesian people or, in the context of energy crisis, as source for biofuel. To do that, written formal law touching upon sustainable development, agriculture, food sovereignty-security and other relevant law and regulations will be perused and analyzed. Focus shall be given on the symbolic meaning of written laws and how government officials interpret and further develop it into policies. The main argument here is that while there are local-regional initiatives and even start up policies to develop cassava as flex crop, lessening Indonesian people dependence on rice as staple food, or magic solution to world hunger or as raw material for biofuel, those steps have not yet become part of the formal law and possessing symbolic effect

ACM as a pathway to mitigate Jakarta's flood impacts in a changing climate

This chapter assesses ACM’s potential as a pathway to address the flooding problem of Greater Jakarta, significantly exacerbated by land subsidence and climate change. It is based on a thought experiment by the authors to envision application of this approach to the problem and is not the result of empirical work. A background of Jakarta’s flooding is first provided and subsequently its framing as a ‘wicked problem’. Results of the thought experiment are then discussed, focusing on three questions: (i) Can ACM be applied, given Jakarta’s flooding governance structure? (ii) Will ACM’s social learning work for the flooding problem? And (iii) if ACM were applicable to Jakarta’s case, what operational indicators would apply? The chapter concludes with recommending a two-step ACM pathway: (1) adjusting the current flooding governance structure, for which leadership is needed with a long-term vision and the application of adaptive governance at the river basin scale; (2) shaping the enabling conditions for learning that stimulate creativity in and discovery of new problem framings and solutions outside the policy system. While the authors recognise the considerable challenges when applying ACM to the flooding of Greater Jakarta, the crisis stage it has reached necessitates adaptation approaches that can break the cycle of narrow, longstanding paradigms, policy beliefs, and maladaptive pathways

Perbandingan Hukum antara Prinsip Habeas Corpus dalam Sistem Hukum Pidana Inggris dengan Praperadilan dalam Sistem Peradilan Pidana Indonesia

Penelitian ini bertujuan untuk menganalisis asal mula dan penerapan praperadilan dalam kaitannya dengan Habeas Corpus dan menelisik sejauh mana pranata hukum Habeas Corpus dari sistem peradilan pidana Inggris ini diadaptasikan ke dalam sistem peradilan pidana Indonesia berpotensi berkembang menjadi malicious. Penelitian ini bersifat deskriptif dengan jenis penelitian perbandingan hukum melalui pendekatan perbandingan, pendekatan perundang-undangan, dan pendekatan konseptual dengan menggunakan data sekunder dan dianalisis secara kualitatif. Hasil penelitian menunjukkan bahwa penerapan praperadilan yang ditransplantasikan dari Habeas Corpus tersebut telah menimbulkan banyak masalah, yang akhirnya beberapa masalah berkembang menjadi atau digunakan untuk sesuatu yang malicious, bahkan apabila dibiarkan, maka sesuatu yang malicious tersebut berpotensi memorak-porandakan sistem peradilan pidana Indonesia. Untuk mencegah hal itu terjadi, maka peran pemerintah diperlukan untuk mereformulasi pengaturan dan praktik praperadilan dalam sistem peradilan pidana Indonesia

Regulasi Pengakuan Hukum Negara Atas Tanah Yang Dikuasai/Dimiliki Oleh Masyarakat Hukum Adat: Relevan Bagi Papua

The main purpose of this paper is to explain the particular arrangements and state recognition of customary rights (indigenous peoples' management control righst of the land where they live) in Indonesia. Two issues are addressed, firstly, whether the state recognition of the existence of customary law community is constitutive or merely declarative. Secondly, whether the scope of the recognition of the state covers just about the land or it also includes the natural resources attached to it. To address the above issues, this article explores the right of state to control customary rights on land as mandated in State Constitution 1945 and Basic Agrarian Law No.5/1960. In addition it also describes of how this concept of customary right on land lays foundations for managing natural resources such as gas and oil, forestry, as well as mining. It also connects to the long term goals of the state as mentioned in Law No.17/2007 regarding Long Term National Development Plan 2005-2025 and Law No.26/2007 regarding spatial arrangement plan (Rencana Tata Ruang). Those laws than finally is connected to Law No.2/2012 and Government Regulation No.71/2012 regarding the land acquisition for development activities and public interest, as well as land acquisition for private sector activities in the context of both domestic and foreign investment. Two conclusions are made, firstly, mimicking and imposing of legal system and development ideology from the parent state (NKRI) should be avoided. The challenge is how to bring the state (government of Papua) in charge and how to maintain the legitimacy of the presence of urbanized modern society (urban) in front of indigenous peoples. Secondly, the main problem is not how to develop regulation framework for better recognition of the customary law, but how modern capitalist economy should not harmful to the existing traditional community life

ACM as a pathway to mitigate Jakarta's flood impacts in a changing climate

This chapter assesses ACM’s potential as a pathway to address the flooding problem of Greater Jakarta, significantly exacerbated by land subsidence and climate change. It is based on a thought experiment by the authors to envision application of this approach to the problem and is not the result of empirical work. A background of Jakarta’s flooding is first provided and subsequently its framing as a ‘wicked problem’. Results of the thought experiment are then discussed, focusing on three questions: (i) Can ACM be applied, given Jakarta’s flooding governance structure? (ii) Will ACM’s social learning work for the flooding problem? And (iii) if ACM were applicable to Jakarta’s case, what operational indicators would apply? The chapter concludes with recommending a two-step ACM pathway: (1) adjusting the current flooding governance structure, for which leadership is needed with a long-term vision and the application of adaptive governance at the river basin scale; (2) shaping the enabling conditions for learning that stimulate creativity in and discovery of new problem framings and solutions outside the policy system. While the authors recognise the considerable challenges when applying ACM to the flooding of Greater Jakarta, the crisis stage it has reached necessitates adaptation approaches that can break the cycle of narrow, longstanding paradigms, policy beliefs, and maladaptive pathways

ACM as a pathway to mitigate Jakarta’s flood impacts in a changing climate

This chapter assesses ACM’s potential as a pathway to address the flooding problem of Greater Jakarta, significantly exacerbated by land subsidence and climate change. It is based on a thought experiment by the authors to envision application of this approach to the problem and is not the result of empirical work. A background of Jakarta’s flooding is first provided and subsequently its framing as a ‘wicked problem’. Results of the thought experiment are then discussed, focusing on three questions: (i) Can ACM be applied, given Jakarta’s flooding governance structure? (ii) Will ACM’s social learning work for the flooding problem? And (iii) if ACM were applicable to Jakarta’s case, what operational indicators would apply? The chapter concludes with recommending a two-step ACM pathway: (1) adjusting the current flooding governance structure, for which leadership is needed with a long-term vision and the application of adaptive governance at the river basin scale; (2) shaping the enabling conditions for learning that stimulate creativity in and discovery of new problem framings and solutions outside the policy system. While the authors recognise the considerable challenges when applying ACM to the flooding of Greater Jakarta, the crisis stage it has reached necessitates adaptation approaches that can break the cycle of narrow, longstanding paradigms, policy beliefs, and maladaptive pathways..Urban Desig