Cultural Expertise and the Social Justice Defense of Indigenous Peoples Rights in the Indonesian Constitutional Court

The understanding of geopolitics based on the Nusantara outlook (Wawasan Nusantara), Indonesia requires to raise the effort of mastering and developing technology which has roots in the nation’s culture as an important means of national productivity hop towards resulting qualified and global competitive national products achieving national prosperity and security at the utmost and such universal humanity as a whole in an enduring peace of world. In the meantime genuine nation’s human being are required as productive people with fully innovative and creativity, reliable mental and noble morals. At the level of Nusantara outlook, the understanding of expansion might be able to interpret as an social-economic one for the prosperity of humankind at the utmost, and not in the meaning of orthodox geopolitics. The aim of this article is to briefly study the influence of geopolitics and other strategic factors upon the development of natural and human resources in Indonesia. The main aspects of the study is concenrned with future potential prospect of human and natural resources in Indonesia that should be developed for the wealth of the Indonesian people at the utmost by considering the global strategical environment and under the Nusantara outlook. This study is carried out by using methods of geopolitics, science and technology, and global competition approaches as strategic factors which influence upon human and natural resources development toward creating the wealth, intelligence and peace of the people.

The international law regime on EEZ has been developed by the international community through the United Nations Conference on and state practices. This regime is intended to protect the interests of coastal states from the danger of being depleted of biological natural resources by fishing activities based on the free sea regime. In addition, the EEZ is also intended to protect the interests of the coastal state in the field of marine environment conservation as well as marine scientific research in order to support the use of natural resources in the zone. UNCLOS gives sovereign rights to Indonesia as a coastal state to explore and exploit natural resources in the EEZ as well as jurisdictions relating to the exercise of these sovereign rights. For that reason needs integrated law enforcement an effort to conserve living natural resources in ZEE Indonesia. By using the normative legal writing method, this study describes how the concept of law enforcement of living natural resources in Indonesia's EEZ based on various laws and regulations.

The Application of New Article 33, Section 4 of Indonesia's Constitution to Indonesia's Upstream Oil and Gas Legal Framework

The distribution and revenue sharing of natural resources in Indonesia is considered a very important issue. The exploitation of natural resources of a particular region can be implemented by referring to the concept of regional autonomy. In practice, not all regional governments can take advantage of the natural resources situated in the region. The research aims to review and analyze the arrangement of revenue sharing and natural resources based on the principle of decentralization in the balance of national and regional finances in Indonesia and analyze the autonomous region in Indonesia from a legal pluralism perspective. This study is normative legal research using statutory, conceptual, and analytical approaches. The results suggested that the arrangement of the division of funds for revenue based on decentralization in Indonesia has not fully reflected the principle of proportionality, as it is perceived not providing just and proper share for some regions. In achieving public welfare and social justice at the lowest level of governance, the existence of customary villages in Bali may serve as a solution in addressing the issue of regional management on natural resources along with its potential benefits. Parallel to this concern, the customary village can also play an indirect role in achieving justice, equity, and harmony in the regions. Therefore, the synergy between the national and regional governments, including customary villages undoubtedly reflects legal pluralism.

After years of being formed, the Indonesian Constitutional Court is considered to have carried out its duties and functions well. However, if we look further, there are still shortcomings and several things that the Indonesian Constitutional Court has not accommodated in carrying out its duties and functions compared to the German Constitutional Court which is known to the world as one of the Constitutional Courts which is often used as a reference by other countries in the establishment of the Constitutional Court. This article will discuss the differences between Indonesian Constitutional Court and German Constitutional Court which aims to sort out the positive things that can be an improvement material for the Indonesian Constitutional Court to strengthen the Indonesian Constitutional Court. This writing uses a normative writing method with a comparative approach and a historical approach. The results of this study show that there are several arrangements from the German Constitutional Court that can actully be applied by the Indonesian Constitutional Court such as the authority of constitutional complaints and constitutional questions, arrangements regarding the expansion of the applicant party in the application for dissolution of a political party to the Constitutional Court, and regarding the elimination of re-election for a constitutional judge and also about the addition of their term of office.

This paper is intended to find out the comparison between Indonesian and South Korea constitutional court. Constitutional Court of Indonesia and South Korea have same authority, namely judicial review, the authority decide the disputes between state institutions and the dissolution of political parties. However, there are some differences. From the point of authority, Constitutional Court of Korea is more comprehensive because it has the constitutional complaint authority and in deciding the dispute of state institutions authority, the dispute type of the state institutions authority is classified explicitly. But fromthe point of judicial review execution, the constitutional court in Indonesia is more comprehensive because the applicant could be more flexible. Indonesian Constitutional Court should be able to adopt the excellence of Constitutional Court of Korea while maintaining it’s excellence to maximize the Constitutional Court as escort agencies and interpreter of the Constitution. Keywords: Indonesia, authority, South Korea, constitutional court .

This research is motivated by the decision of the Constitutional Court Number 35 / PPU-X / 2012 which states that Customary Forest is no longer a forest in the territory of the country but a forest that is part of the rights of the Customary Law Community. n Mentawai Islands Regency, almost 90% of the area is forested areas, 26,000 hectares will be converted into Customary Forests. In its determination, the community was assisted by the Foundation of Citra Mandiri Mentawai or Yayasan Citra Mandiri Mentawai (YCMM) and the Alliance of Mentawai Indigenous Community or Aliansi Masyarakat Adat Mentawai (AMAN) in realizing the rights of indigenous peoples. This study aims to describe how the process of setting agenda of customary forest policy in Mentawai Islands Regency. The method used in this study is qualitative descriptive. Data collection techniques in this study are interviews, and literature studies using various literature such as books, scientific works, news, and other reading sources relating to research. The results of the study showed that the problem was felt by the Mentawai community since they could not cultivate the forest themselves. After the Constitutional Court's decision No. 35 / PPU-X / 2012, the community assisted by NGOs and the local government drafted a regional regulation related to the recognition of indigenous community, which is one of the requirements to establish customary forests. The Regional Representative Council or DPRD is the only hope of the indigenous community to gain freedom that had not been obtained for several years before the Constitutional Court's decision No. 35 / PPU-X / 2012 was issued. But in the process, the DPRD has not yet stipulated a regional regulation on the recognition of customary law communities since it was submitted in 2015 until now in 2017. It is unfortunate that the DPRD of Mentawai Islands Regency has been slow to respond to demands from NGOs and the community so that discussion of the Draft Law on the Protection of Indigenous Community pendingtakeholdernya

Discourse concerning state control concept on natural resources in Article 33 clause (3) of the 1945 Constitution is very dynamic. Such dynamic can be seen on a variety of conceptions of state control rights on natural resources formulated in various acts in natural resources area. Lack of single concept on ‘state control right’ will impact to unfavorable situation where natural resources shall escape from conception of state control right and into control not by the state. The Constitutional Court as the Guardian and Interpreter of the Constitution has a significant role to ascertain that an act in natural resources area really adopt the principle of state control on natural resources in Indonesia. This article analyzes on dynamics of conception of state control on natural resources in various acts and the role of the Constitutional Court in guarding and interpreting acts in natural resources in order to be in accordance with Article 33 clause (3) of the 1945 Constitution. From the result of analysis a conclusion is achieved that there are many different concepts of state control on natural resources in various acts in natural resources area. The Constitutional Court indeed has made interpretation on state control right. In order to make the conception stronger it is necessary to have an act in natural resources area as instruction of Article 33 clause (5) of the 1945 Constitution that further provisions of Article 33 shall be regulated by an act. Moreover, DPR (The House of Representatives) and the Government have to make certain or definite the concept of state control right in every draft bill of natural resources area so that liberalism and capitalism stream will not erode the principle of state control right.

This paper focuses on the engagement of Indigenous peoples with the international legal framework which seeks to protect world heritage. Significant concerns have been raised as to the role which Indigenous expertise can play in this framework.There have been numerous criticisms regarding the Eurocentric nature of the framework, and concerns over its the decision-making processes, e.g. in respect of inscription of sites on the World Heritage List. All 3 of the UN mechanisms specific to Indigenous peoples (UN Permanent Forum on Indigenous Issues, UN Expert Mechanism on the Rights of Indigenous Peoples and UN Special Rapporteur on the Rights of Indigenous Peoples) have called on the World Heritage Committee, UNESCO and heritage advisory bodies to take remedial measures and to expand the role of Indigenous peoples in the protective framework. There have also been recommendations made as to how the World Heritage Committee, UNESCO and States can align the implementation of the World Heritage Convention with the principles and requirements of the UN Declaration on the Rights of Indigenous Peoples. As part of the move to be more inclusive of Indigenous voices, an Indigenous Peoples’ Forum on World Heritage was established in 2017, however an Indigenous expertise deficit still remains within the world heritage framework. As cultural expertise is necessary to appreciate the context and background of cultural sites, and their status as ‘culture’, deserving of recognition under the world heritage framework, this paper addresses the role of Indigenous expertise as cultural expertise in the world heritage framework and underlines why Indigenous expertise is necessary in order to ensure that the framework is representative and valid.

The governance of natural resources in Indonesia, especially the mining sector, remains a contested legal domain involving intersecting economic, political, and constitutional interests. Article 6 paragraph (1) letter j of Law No. 3/020 grants the central government the authority to designate WIUPK “on a priority basis,” raising constitutional questions about its alignment with Article 33 paragraph (3) of the UUD NRI 1945. Critics argue that the vague term “priority” invites discretionary abuse, perpetuates structural inequalities, and potentially legitimizes monopolistic practices in the name of development. This study aims to critically examine the constitutionality and practical implications of the said provision using a normative legal research approach. The method involves statutory analysis, jurisprudential review, and interpretative evaluation of relevant constitutional principles, including distributive justice and economic democracy. The findings suggest that while the provision may be justified as an affirmative policy instrument to promote equitable access to natural resources, its current formulation lacks clear legal criteria, thereby opening space for misuse. The Constitutional Court's Decision No. 77/PUU-XXII/2024 affirms that any prioritization must be grounded in transparent, accountable mechanisms and should reflect the principle of social justice. This decision also signals the importance of inclusive governance, public participation, and state responsibility in preventing legal inequality. Without substantial regulatory reform, the application of “priority” risks contradicting the very essence of constitutional fairness.

The shifting role of the Constitutional Court from a negative to a positive legislator is not merely an expansion of authority; it also exhibits symptoms of judicial overreach that may threaten the principle of separation of powers. The Indonesian Constitutional Court was originally designed to function as a negative legislator, with the authority to review the constitutionality of laws without creating new legal norms. However, in practice, several Constitutional Court decisions have shifted toward a positive legislator role, wherein the Court engages in norm formulation as a form of judicial activism. This article aims to analyze the limits of such authority by examining three landmark decisions: Decision Numbers 102/PUU-VII/2009, 90/PUU-XXI/2023, and 62/PUU-XXII/2024. The analysis shows that the role of a positive legislator can be justified in urgent situations, particularly when a legal vacuum threatens to violate constitutional rights. Nevertheless, the Constitutional Court’s interventions must be limited, proportional, and free from conflicts of interest. This research proposes six substantive criteria as normative boundaries to ensure that the Court’s judicial activism remains within the constitutional framework and reinforces the system of checks and balances. These findings aim to strengthen the institutional design of constitutional justice in Indonesia.

Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the State’s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to “the control of state” of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoples’ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.

Given the urgency for the peoples’ interests, legislation in the field of natural resources should be treated more compared to other fields. The urgency of arrangement in the field of natural resources is not only the right of every citizen to gain access to natural resources that we have, but also provide a guarantee that Indonesia’ natural resources can still be maintained and sustained to future generations. Unfortunately, the legal policy of natural resources tends to move towards free market competition, which is on one side open domination space for both private and foreign sectors, and on the other side attempted to remove the State’s role in the control and management of natural resources. This was strengthened by some of legislation in the field of natural resources were canceled in part or in their entirety by the Constitutional Court. In consideration of the Constitutional Court decision, explicitly confirms that the legislation product in the field of natural resources does not comply to the conditionally constitutional, where the right to “the control of state” of natural resources as mandated in Article 33 of the 1945 Constitution, is an absolute and should not be omitted. A shift in the law-political direction that tends to be pro-market, influenced by several aspects: First, the market ideology that is not prevented due to lack of firmness of attitude, principle independence and sovereignty politically by the lawmakers. Second, the inconsistent application of the Indonesia law ideal that embodied in the Pancasila, the 1945 Constitution, in any formulation of laws related to the management of natural resources. Third, still neglecting the peoples’ participation, which in the process of making laws relating to the management of natural resources, they are closed to the demands of the people, so it tends to be very elitist and unresponsive to the aspirations of the Indonesian peoples.

The Indonesian Constitutional Court is defined as a judicial body with specific competencies as stated in the 1945 Constitution. Given its significance and the heightened attention it receives from the public, the rulings of independent courts and impartial judges are vital for maintaining the reputation of the Indonesian judiciary and the public's confidence in its work. In addition to adjudicating cases, the Constitutional Court and its judges are involved in various non-judicial activities. This research article explores the reasons behind the Constitutional Court’s engagement in these activities, outlines the various types of non-judicial actions, and evaluates their effect on the court's reputation. The aim of this research is to establish a conceptual framework and assess the influence of non-judicial activities on judicial reputation by utilizing conceptual, statutory, and comparative frameworks, supported by empirical data from official documents.Top of Form The results show that the court participates in non-judicial activities to obtain benefits like increased popularity, public interest, visibility, preventing its decisions from being overturned by other judicial entities, and enhancing its reputation and influence. Often, these activities involve promoting the court's work to both local and international judicial communities to foster dialogue and connections with similar courts and stakeholders. Furthermore, non-judicial activities can influence public interest and engagement. While these initiatives benefit the institution, judges, and the public, they do not inherently improve the Constitutional Court's reputation, as its standing fundamentally relies on the quality of its decisions and its credible independence, impartiality, and integrity.

Natural resources are utilized and controlled to achieve the well-being and prosperity of the population, as directed by Article 33 paragraph (3) of the 1945 Constitution. The state is responsible for designing policies to mitigate the ecological crises and environmental deterioration caused by the usage of natural resources, particularly energy, to prevent ecological disasters. Utilizing New Renewable Energy can help mitigate environmental harm, optimize natural resource potential, and promote community well-being. This research intends to investigate the necessity of controlling the utilization of natural resources, particularly focusing on new and renewable energy (EBT) as a key strategy to optimize the use of natural resources in Indonesia. This study is prescriptive juridical-normative legal research. The legal materials utilized consist of primary and secondary legal materials obtained through library research. The legal materials are evaluated using a logical syllogism tool. The research findings indicate that the advancement of EBT in Indonesia would not only affect the economy but also provide advantages to the society. Using EBT will enhance efficiency and promote the attainment of a pristine and healthy environment. The current EBT restrictions are inadequate to support the ongoing use of EBT due to its dispersion across many laws and regulations. The Government must align and coordinate laws and regulations in the energy sector to prevent any duplication of legislation within the legal framework. Creating a specific law for EBT will help address the legal gaps in the EBT sector, ensuring legal clarity, protection for enterprises involved in procurement, use, and development, as well as promoting sustainable and responsible administration of EBT. Furthermore, under a specific EBT regulation, individuals might face criminal penalties for causing harm to technical facilities or equipment powered by EBT.