Ambiguity and Contestation in Legal Standing Restrictions: Rethinking Public Interest and Constitutional Rights in Indonesia

This study aims to analyse the strategic role of the Constitutional Court (MK) in the enforcement of human rights (HAM) in Indonesia. Using a literature review method and a normative legal approach, this study positions the MK as a key actor in the constitutional mechanism for protecting human rights. The MK's authority to review laws against the 1945 Constitution of the Republic of Indonesia makes it an important instrument in upholding the principles of justice and equality before the law. Several MK rulings have demonstrated its commitment to human rights values, particularly through the invalidation of discriminatory legal norms and the strengthening of citizens' constitutional rights. However, the MK's vital role still faces challenges, especially in the implementation of rulings, which are often not optimally responded to by executive and legislative institutions. This indicates a gap between the judicial and political spheres in efforts to comprehensively enforce human rights. Thus, this study affirms that the Constitutional Court not only acts as the last bastion of human rights protection, but also as a driving force for national legal reform to be more responsive to human rights values and principles. Going forward, synergy between state institutions is key to strengthening the effectiveness of the Constitutional Court in guaranteeing respect for and protection of human rights in Indonesia

Customary Law and the Nationalist Project in Spain and Peru

Much has been written about the global convergence on constitutional supremacy, and the corresponding rise of an apparently universal constitutional discourse, primarily visible in the context of rights. In this paper, we examine the global constitutional homogeneity claim with respect to economic and social rights. Based on a new and unique dataset that identifies the status of seventeen distinct economic and social rights in the world's constitutions (195 in total), we make four arguments. First, although economic and social rights have grown increasingly common in national constitutions, not all ESRs are equally widespread. Whereas a right to education is so common as to be practically universal, rights to food or water are still very rare. Second, constitutions accord ESRs different statuses, or strengths. Roughly one third of countries identify all economic and social rights as justiciable, another third identify all ESRs as aspirational, and the last third identify some ESRs as aspirational and some as justiciable. Third, legal tradition — whether a country has a tradition of civil, common, Islamic or customary law — is a strong predictor of whether a constitution will have economic and social rights and whether those rights will be justiciable. Fourth, whereas regional differences partly confound the explanatory power of legal traditions, region and legal tradition retain an independent effect on constitutional entrenchment of ESR. We conclude by suggesting that despite the prevalence of economic and social rights in national constitutions, as of 2013 there is still considerable variance with respect to the formal status, scope and nature of such rights. Because the divergence reflects lasting determinants such as legal tradition and region, it is likely to persist.

Much has been written about the global convergence on constitutional supremacy, and the corresponding rise of an apparently universal constitutional discourse, primarily visible in the context of rights. In this Paper, we examine the global constitutional homogeneity claim with respect to economic and social rights. Based on a new and unique dataset that identifies the status of sixteen distinct economic and social rights in the world's constitutions (195 in total), we make four arguments. First, although economic and social rights (ESRs) have grown increasingly common in national constitutions, not all ESRs are equally widespread. Whereas a right to education is so common as to be practically universal, a right to food and water is still very rare. Second, constitutions accord ESRs different statuses, or strengths. More than some one-third of countries identify all economic and social rights as justiciable, another third identify some ESRs as aspirational and some as justiciable, and the last third identify ESRs as aspirational or entrench fewer than two. Third, legal tradition— whether a country has a tradition of civil, common, Islamic, or customary law— is a strong predictor of whether a constitution will have economic and social rights and whether those rights will be justiciable. Fourth, whereas regional differences partly confound the explanatory power of legal traditions, region and legal tradition retain an independent effect on constitutional entrenchment of ESR. We conclude by suggesting that despite the prevalence of economic and social rights in national constitutions, as of 2013 there is still considerable variance with respect to the formal status, scope and nature of such rights. Because the divergence reflects lasting determinants such as legal tradition and region, it is likely to persist.

Before the enactment of Law Number 5 of 1960 concerning Agrarian Principles (UUPA) in Indonesia, several land law systems were applied. The colonial government with its land law and customary law communities through the basis of customary land law. Customary land laws adjust the area's location, each region has its customary land law. Several indigenous peoples in the Indonesian region have strong relationships and are the basis of the national land law system. The basis for implementing land law in Indonesia follows the provisions of agrarian law as the parent of land and natural resources law. Agrarian law regulates the earth, water, space, and natural resources contained in it, including land that is part of the earth's surface. Based on Article 5 of the UUPA, it is stated that national agrarian law is based on customary law. The formulation of the problem in this study is how the development of customary land law arrangements in Indonesia. The purpose of this study is to find out the development of customary law arrangements in Indonesia. The research method used in this study is a normative legal research method. The results of this study reveal that customary rights in Indonesia have been regulated in the explanation of the UUPA, but have not been expressly regulated.

Before the enactment of Law Number 5 of 1960 concerning Agrarian Principles (UUPA) in Indonesia, several land law systems were applied. The colonial government with its land law and customary law communities through the basis of customary land law. Customary land laws adjust the area's location, each region has its customary land law. Several indigenous peoples in the Indonesian region have strong relationships and are the basis of the national land law system. The basis for implementing land law in Indonesia follows the provisions of agrarian law as the parent of land and natural resources law. Agrarian law regulates the earth, water, space, and natural resources contained in it, including land that is part of the earth's surface. Based on Article 5 of the UUPA, it is stated that national agrarian law is based on customary law. The formulation of the problem in this study is how the development of customary land law arrangements in Indonesia. The purpose of this study is to find out the development of customary law arrangements in Indonesia. The research method used in this study is a normative legal research method. The results of this study reveal that customary rights in Indonesia have been regulated in the explanation of the UUPA, but have not been expressly regulated.

Even though Indonesia has promulgated Act Number 5 of 1960 concerning Basic Agrarian Principles Regulations, this regulation cannot provide legal certainty and justice for the parties in the sale and purchase of land rights agreements. When judges decide cases involving property rights sale and purchase agreements, they base their decisions on legal procedures and sources, which demonstrate this uncertainty and injustice. The legal sources as references are varied, sometimes BW (Burgerlijk Wetboek, Adat Law (Customary Law), or Act Number 5 of 1960 with Government Regulatiion Number 24 of 1997. This article uses a normative legal research method. In analysis, to create a land rights sale and purchase agreement that can provide legal certainty and justice, the issue needs to be regulated, especially regarding the issue of the various legal sources, and the responsibility of the state in providing legal certainty. For sales and purchase agreements to provide legal certainty and justice, the state must move from a negative publication system to a positive publication system to realize the constitutional rights of Indonesian citizens in Article 28 D UUD 1945.

Introduction: Land is a very important thing in Customary Law (can be referred to as Customary Land Law). The relationship between humans and land is closely related, namely land as a place for humans to live and continue their lives. Customary land is the property of customary law communities that have been controlled for a long time. Customary land law, known as land rights in Indonesia, such as ulayat lands, private lands, business lands, Gogolan lands, bengkok lands, agrarisch eigendom lands, and others.
 Purposes of the Research: This writing aims to find out the relationship between humans and the soil is very related to the land as a place for humans to live and continue their lives. While eigendom is a right of ownership to a land asset that existed during the Dutch colonial era that is subject to the provisions of Western land law in force for eigendom rights, then with the promulgation of the UUPA, the unification of Indonesian land law with the former Western rights that have not been converted to land rights as stipulated in the UUPA.
 Methods of the Research: legal writing that is juridical normative approach
 Results / Findings / Novelty of the Research: that the arrangement of compensation for the right of ownership of the Land of the former Eigendom Verponding 1065 that has not been converted is still possible to obtain proof of ownership, but not through conversion again but through granting new rights to the Office of the National Land Agency (BPN) with a certificate of ownership issued by the village head of the local area. Procedures and stages of land registration carried out by BPN Ambon on former Land objects eigendom 1065 the process of land rights derived from western rights including eigendom verponding to obtain legal certainty, by implementing the provisions of PP No.24 of 1997 consistently, well and truly will be about the right to land eigendom verponding, which ensures legal protection for holders of rights to the land of the former eigendom verponding. then the bookkeeping is simply done by giving a stamp/stamp on the evidence by writing the type of rights and rights number converted, which is regulated in PP Regulation No.24 of 1997 on land registration

This study discusses the legal problems of child marriage in the perspective of customary, Islamic, and civil law in Indonesia. Despite the decline in child marriage rates, the practice is still common, especially in areas with cultural and economic pressures. Through a doctrinal law approach, this study analyzes the social legitimacy of child marriage, as well as the conflict between customary norms and national law. The findings show that customary law often ignores the basic rights of children, while Islamic and civil law experience ambivalence in regulatory enforcement. The often abused marriage dispensation is a major challenge in child protection. This study recommends regulatory harmonization and multi-sectoral support to address the problem of child marriage and protect children's rights in Indonesia.

The most enduring originality of the Portuguese Constitution promulgated in 1976 was the extent to which it recognized and entrenched social welfare rights. The constitutionalisation of these rights has been mostly discussed in terms of its consequences, both in normative and (less often) empirical terms. In this paper, we shift attention to the causes of such constitutionalisation. We argue that the extreme lengths to which constitution-makers went in entrenching social rights in Portugal results from a combination of factors: the nature of the Portuguese regime change in 1974-76 and its consequences in the balance of powers between political and societal actors; the legal traditions and values prevalent in Portuguese society; the legacy of Social Catholicism; and the prevalent Zeitgeist. In the first part of the paper, we analyze the Portuguese case from these different points of view. In the second part of the paper, we test the resulting hypotheses, resorting to a data set on the constitutionalisation of social rights in the current constitutions of the world.

This article questions the meaning of a domestic constitutional water right for the State's provision of water suitable for domestic use and human consumption. Following a brief historical introduction to the constitutional right of access to sufficient water in Section 27 of the Constitution of the Republic of South Africa (1996), the scope and meaning of this right as it is currently understood by the courts and others are explored. Attention is also paid to the relationship between Section 27 and other substantive constitutional rights such as the environmental right (Section 24), the right to life (Section 11), the right to human dignity (Section 10) and the right to equality (Section 9). With brief reference to some of the most imminent water provision challenges that South Africa currently faces, some views are raised concerning the State's constitutional duty to take affirmative action with respect to different interests that people hold in water. It is concluded that the body of constitutional rights in South Africa compels the State to take positive action to ensure access to enough water of suitable quality in a manner that is fair and just and that is aimed at sustainability.

The constitution is fundamental to the life of the modern state as a major foothold in state governance. Includes the guarantee of constitutional rights of citizens. The Constitution is the basis of state organizers to be implemented, so that the state is obliged to guarantee the fulfillment of citizens' constitutional rights. Human rights have become an important part of the modern constitution. This study will describe how human rights guarantees become part of constitutional rights in Indonesia.

The constitution is fundamental to the life of the modern state as a major foothold in state governance. Includes the guarantee of constitutional rights of citizens. The Constitution is the basis of state organizers to be implemented, so that the state is obliged to guarantee the fulfillment of citizens' constitutional rights. Human rights have become an important part of the modern constitution. This study will describe how human rights guarantees become part of constitutional rights in Indonesia.

The Quest for Information Privacy in Africa

This article examines the challenges legal pluralism poses in legal systems, especially in relation to conflicts between customary norms and the Bill of Rights and the need to contextualise customary law in order to resolve the need to adapt it to changing societal needs and values. The article focuses on African customary law, African legal systems and women’s rights because it is a burning issue in Africa and was the subject-matter in several of the cases that came before the South African Constitutional Court during the time Justice Ngcobo was on the Court. Cases involving conflicts between customary law and gender rights are not unique to South Africa. These are issues that have engaged African courts and those elsewhere in the world. In Africa, the coexistence of customary law and received law is as old as colonial rule. Like all other systems of law, customary law has been influenced by various other forces in an ever-changing world. The article focuses on customary law and women’s rights. Justice Ngcobo’s approach to resolving conflicts between customary law and the Bill of Rights in constitutions is instructive and makes a significant contribution to the jurisprudence in this area of the law. In his opinions on customary law, especially in the Bhe case, he implores us to look at the social context in which customary rules originated and, before discarding them, to examine the possibility of developing them to meet the changing needs and circumstances of society.