Konsep Pluralisme Hukum Khas Indonesia sebagai Strategi Menghadapi Era Modernisasi Hukum

Disantara, Fradhana Putra

doi:10.35673/ajmpi.v6i1.1129

Cited by 14 publications

(7 citation statements)

References 10 publications

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“…The Indonesian context's relation between customary and national law is a complex discussion. 8 For example, can be seen in its development; Indonesian national law cannot be separated from two aspects, namely aspects of customary law and religious law (especially Islamic law). 9 Even so, before Indonesia proclaimed its independence on August 17, 1945, when Indonesia was still called the Dutch East Indies, efforts to make customary law and national law vis a vis (opposite each other) were commonplace during the Dutch colonial period.…”

Section: The Integration Of Customary Law and National Law: What And ...mentioning

confidence: 99%

Integration Between Customary Law and National Law: An Effort to Build a Pancasila Prismatic Law State

Sihotang¹,

Chansrakaeo

2023

SASI

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Introduction: This article to examine and analyze aspects of integration between national law and customary law in the context of the prismatic Pancasila state law, especially after the enactment of the draft criminal code (RKUHP) as a law. Purpose of The Research: This research seeks to answer two problem formulations, namely: integration of customary law and national law in the Pancasila law state and how are efforts to organize harmonious relations between customary law and national law in the perspective of the prismatic Pancasila state law, especially after the ratification of the RKUHP.Methods of Research: This study uses normative legal research methods based on authoritative legal products in the form of laws and regulations. The analysis was carried out by prioritizing the concept approach, historical approach, and statutory approach. Result of The Research: Even though customary law and national law are different in substance and character, but customary law and national law must be integrated because have important relations in relation to practice in society. Efforts to organize a harmonious relationship between customary law and national law in the perspective of the Pancasila prismatic state law, especially after the ratification of the RKUHP by optimizing the three year transitional provisions in the RKUHP to socialize as well as determining steps and efforts that can guarantee harmonious relations between customary law and national law.

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Section: The Integration Of Customary Law and National Law: What And ...mentioning

confidence: 99%

Integration Between Customary Law and National Law: An Effort to Build a Pancasila Prismatic Law State

Sihotang¹,

Chansrakaeo

2023

SASI

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“…Customary Law Peoples in Indonesia tend to abide by local customary law, which is generally manifested orally and unwritten. 17 Customary law usually develops through oral speech and is internalized by traditional elders to the community. Therefore, customary law is usually not based on any particular written rules.…”

Section: The Regulatory Orientation Concerning the Participation Of I...mentioning

confidence: 99%

The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation

Maisa,

Akbar,

Samsuria

et al. 2023

SASI

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Introduction: Characteristics of Indigenous Peoples in managing this natural potential has relevance to optimizing the potential of geographical indications. Even so, legal problems occur when in positive law in Indonesia there is no regulation regarding the participation and role of the Customary Law Community in optimizing geographical indications.Purpose of The Research: This research aims to regulatory orientation and formulation regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications.Methods of Research: This research is a normative legal research with a concept and statutory approach. The analysis is carried out by carrying out an inventory of legal materials, then proceed with the reduction process (sorting) according to the needs in the selection, and ends with conclusions.Results of the Research: The participation of the Indigenous Peoples in optimizing the potential of geographic indications can actually be carried out by involving the role of both the central and regional governments to facilitate it. Appropriate formulations related to arrangements regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications can be carried out by forming cooperatives or associations of producers related to geographical indications. This needs to be done because in the provisions of positive law, Indigenous Peoples are not one of the parties that can become applicants for registration of geographical indications. Revisions to regulations regarding geographical indications need to be made in order to optimize the role and participation of the Indigenous Peoples.

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“…Selanjutnya, sebagai akibat dari modernisasi hukum, hukum pidana harus dikodifikasi atau dikodifikasi kembali; proses ini memerlukan undang-undang tertulis dan positif yang menempatkan hukum pidana dalam konteksnya yang tepat; dan terakhir, penegakan hukum diperlukan karena hukum mengikat masyarakat. 31 Hal ini berdampak pada terus adanya suatu perilaku yang sebelumnya tidak ilegal namun kini menjadi ilegal karena adanya aturan tersebut. 32 Terlebih lagi, dengan munculnya hukum positif, praktik-praktik yang sebelumnya banyak terjadi di masyarakat dianggap ilegal.…”

Section: Menata Kembali Prinsip Restorative Justice Dalam Sistem Pera...unclassified

Menata Kembali Prinsip Restorative Justice Dalam Sistem Peradilan Pidana Indonesia: Sebuah Gagasan Mencapai Idealitas

Arsyad,

M. Wantu,

Ismail

2023

JIHP

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The purpose of this research is twofold: first, to provide a conceptualization of restorative justice principles in Indonesia's criminal justice system; and second, to examine the problematic application of these concepts in that system. Normative legal research, specifically the statutory technique and the conceptual approach, are utilized in this study piece. On top of that, the processed legal materials were analyzed using a qualitative analytical method that relies on interpretation. According to this study's findings, the judicial subsystem in Indonesia, which includes the police, the prosecutor's office, and the Supreme Court, has started to implement the notion of restorative justice. Due to the lack of a legislation governing the implementation of restorative justice in Indonesia, institutional or partial rules and guidelines continue to be used when discussing its application. This brings up the issue of sub-system authority imbalance in the criminal justice system, as well as the lack of consistent guidelines for each sub-system to apply restorative justice. As a result, the various proportional institutions within each sub-system face legal uncertainty. Thus, in order to establish legal clarity on the implementation of restorative justice, Indonesia has to enact legislation that specifically addresses this concept, known as RKUHAP.

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Konsep Pluralisme Hukum Khas Indonesia sebagai Strategi Menghadapi Era Modernisasi Hukum

Cited by 14 publications

References 10 publications

Integration Between Customary Law and National Law: An Effort to Build a Pancasila Prismatic Law State

Integration Between Customary Law and National Law: An Effort to Build a Pancasila Prismatic Law State

The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation

Menata Kembali Prinsip Restorative Justice Dalam Sistem Peradilan Pidana Indonesia: Sebuah Gagasan Mencapai Idealitas

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