Anthony Musson and Chantal Stebbings (eds), <i>Making Legal History: Approaches and Methodologies</i>

Wilson, Adelyn L M

doi:10.5235/2049677x.1.1.149

Cited by 2 publications

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“…The comprehensive examination of the necessity for a new legislation, the modification of current legislation and the challenges associated with its execution are best facilitated through a sociological investigation (Hutchinson, 2021). The text proposes understanding the present legal provisions through analysis of the historical progression of legal doctrines (Musson & Stebbings, 2012). Therefore, this approach will employ the analysis of the evolution of legal doctrines and legal cultures of international law to examine the overall global and specific Indonesian contexts of protecting the land rights of Indigenous peoples.…”

Section: Methodsmentioning

confidence: 99%

The application of international cultural rights in protecting Indigenous peoples’ land property in Indonesia

Fahmi (Acehnese)

2024

AlterNative: An International Journal of Indigenous Peoples

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Since the Indonesian government adopted the Agrarian Law 1960, which emphasises that any lands or territories without land title or land certificate are claimed belong to the state property, Indigenous peoples argue that the right over their land is based on a common recognition, instead of an official certification. This article aims to analyse the applicability of international cultural rights’ norms in protecting Indigenous rights to land in Indonesia. Several international instruments, such as the UNESCO Conventions, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, have been urged that any government shall respect and protect cultural rights for everyone, including Indigenous peoples. Therefore, protecting Indigenous intangible and tangible cultural heritage would not be possible without protecting their ancestral lands, territories and resources. In other words, securing the right to traditional lands is a prerequisite for Indigenous communities’ cultural survival in Indonesia.

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Section: Methodsmentioning

confidence: 99%

The application of international cultural rights in protecting Indigenous peoples’ land property in Indonesia

Fahmi (Acehnese)

2024

AlterNative: An International Journal of Indigenous Peoples

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“…This study draws on a doctrinal approach or the "black-letter method (McConville, 2007). This method proposes understanding the existing legal provisions from the textual interpretation of legal doctrines (Musson & Stebbings, 2012). The concept of legal doctrinal will be used to analyze the phenomena of the law's implementation and the contestation of its application.…”

Section: B Methodsmentioning

confidence: 99%

The Impact of Regulation on Islamic Financial Institutions Toward the Monopolistic Practices in the Banking Industrial in Aceh, Indonesia

Fahmi

2023

jip

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The ratification of Aceh regulation (Hereafter called Qanun) Number 11 of 2018 concerning Islamic Financial Institutions (Hereafter called Qanun LKS) has provided special rights for Islamic banking institutions, while non-Islamic banking institutions are not permitted to run their business in the province. At the same time, the central Government also decided to merge three state-owned Islamic banks, namely BNI Syariah, BRI Syariah, and Mandiri Syariah, to become Bank Syariah Indonesia (BSI). These policies have potentially violated Law on Antitrust, especially in Aceh Province. This article aimed to analyze whether the local Government's policy in enacting the Qanun LKS and consolidating the BSI is part of monopoly practices and unfair business competition in the banking sector in the Aceh region. This research was classified as normative qualitative research, where data was obtained from secondary sources, such as laws, books, journals and related studies. The results showed that the enactment of Qanun LKS has restricted conventional banking from expanding its business in the region. In addition, the Government’s policy to consolidate three state-owned Islamic banks, which control more than seventy-five of the market share in Aceh province, was considered contrary to the law on the Prohibition of Monopolistic Practices and Unfair Business Competition Number 5 of 1999.

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Anthony Musson and Chantal Stebbings (eds), Making Legal History: Approaches and Methodologies

Cited by 2 publications

References 0 publications

The application of international cultural rights in protecting Indigenous peoples’ land property in Indonesia

The application of international cultural rights in protecting Indigenous peoples’ land property in Indonesia

The Impact of Regulation on Islamic Financial Institutions Toward the Monopolistic Practices in the Banking Industrial in Aceh, Indonesia

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