A recent case before the first-stage court may prove to be of note to legal practitioners for the relief granted to the claimant. This article explores whether today, more than 50 years after the agrarian law was first implemented, the sale and purchase of land can...
Introduction Article 33, paragraph (3) of the 1945 Constitution stipulates that "the land, water, and natural resources contained therein are controlled by the state and utilized for the greatest prosperity of the people". To realize this mandate, every available...
Introduction House is one of the fundamental human necessities and plays a very strategic role in the national agenda for developing the nation's character and personality. It is the state's responsibility to ensure that each Indonesian has access to proper and...
In the execution of the construction project, the Contractor often deals with situation where it suffers delay and/or incurs extra cost due to circumstances attributable to the Employer. For this matter, FIDICInternational Federation of Consulting...
Introduction Indonesia is the largest archipelagic country in the world which has more than 17.000 islands. The islands scattered in Indonesia do not necessarily become the right of the indigenous people of these islands. According to Article 2 paragraph (1) of Law...
“A rose by any other name would smell as sweet.” A phrase popularized by William Shakespeare in his play Romeo and Juliet. This poem implies that things are what they are, no matter what name someone give them. In procuring someone’s service, companies typically...
Introduction Article 1337 of Indonesian Civil Code (ICC) stipulates, “A cause is prohibited if it violates the law or is contrary to good morals or public policy”. This provision is related to the previous provision, namely Article 1335 on the same subject matter....
Introduction Customary Forest as a part of customary right (ulayat right) of Indigenous People is a manifestation of the state obligation to promote the rights of Indigenous People as stated in Article 18B paragraph (2) of the 1945 Constitution, which states "The...
Introduction The precautionary principle is one of the principles of protection and management of environment as set forth under the Law No. 32 of 2009 on Protection and Management of Environment. This principle means that uncertainty regarding the environmental...