Indonesian Comparative Law Review最新文献_第4页

E-Hailing Transportation and the Issue of Competition in Indonesia 印尼的网约车与竞争问题

Indonesian Comparative Law Review Pub Date : 1900-01-01 DOI: 10.18196/iclr.2116

Rizaldy Anggriawan

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引用次数: 1

Development of Land Conflict Settlement Model Based on Indigenous Knowledge of the Local Communities in Indonesia 基于印度尼西亚当地社区土著知识的土地冲突解决模式的发展

Indonesian Comparative Law Review Pub Date : 1900-01-01 DOI: 10.18196/iclr.1211

S. Sunarno

{"title":"Development of Land Conflict Settlement Model Based on Indigenous Knowledge of the Local Communities in Indonesia","authors":"S. Sunarno","doi":"10.18196/iclr.1211","DOIUrl":"https://doi.org/10.18196/iclr.1211","url":null,"abstract":"Land conflict has become a classic issue in Indonesia and an effective dispute settlement seems to be urgent. The study aims at evaluating the possibility to incorporate the indigenous knowledge of the local communities in land dispute settlement system. This socio-legal research employs both qualitative and quantitative approach. It is found that the current legal and institutional systems are not in accordance with the legal consciousness of the Indonesian society. The purposes of agrarian policy have promoted the domination of the state over the people’s rights. The policies were made to safeguard the interests of elite and its supporters and at the same times ignore the society interests. As the old model of land dispute settlement, the Dutch procedural law (HIR) served the colonial interest. In fact, there are statutory provisions in land and natural resources sector regulating land dispute settlement that accommodate the local wisdom. In addition, article 18 of the 1945 Constitution and Article 5 of the Basic Agrarian Law explicitly recognize the capacity of the indigenous people in settling land dispute. However, it needs further elaboration and institutionalization of their values. A model of legal system that incorporate the customary values should be developed. The Indonesian customary legal system rests on the concept of regional values that exist throughout Indonesia regions.","PeriodicalId":298750,"journal":{"name":"Indonesian Comparative Law Review","volume":"2015 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127322822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reviewing the Prosecution of Medical Practitioners in Common Law Countries: A Needed Step or a Flawed Approach? 回顾英美法系国家对医生的起诉:一个必要的步骤还是一个有缺陷的方法?

Indonesian Comparative Law Review Pub Date : 1900-01-01 DOI: 10.18196/iclr.2112

Mohd. Iqbal Abdul Wahab, Mohd Ziaolhaq Qazi Zada

引用次数: 1

Employment Arrangement for Person with Disabilities in Indonesia in Post-New Order Era 后新秩序时代印尼残障人士的就业安排

Indonesian Comparative Law Review Pub Date : 1900-01-01 DOI: 10.18196/iclr.1207

Imma Indra Dewi W

引用次数: 0