Pub Date : 2021-07-01DOI: 10.18196/JMH.V28I1.11045
Dian Ayu Muthoharoh
Copyright is one of the IPR branches that protect the human’s intellectual work in the field of science, arts, and literature. The film is a creation that is protected by copyright. In a film, there are not only characters that are easy to remember but also specific properties uniquely used by the characters, especially the main character. This property is called an iconic fictional object. This normative juridical legal research will discuss one legal issue, whether an iconic fictional object can be separately protected from the original work. Based on the analysis in this study, an iconic-fictional object is not explicitly stated as work protected by copyright according to Article 40 of Copyright Law No. 28 of 2014. However, iconic fictional objects fulfil elements of a work entitled to copyright protection: The creative work in the fields of science, art, and literature; Created by the ability, skill or expertise of the creator; and Expressed in real form. Furthermore, The United States Court of Appeals for the Ninth Circuit on DC Comics vs Mark Towle Batmobile case had argued that iconic fictional objects could be separately protected from the original work as long as they meet three conditions: (1) Physical as well as conceptual qualities, (2) Sufficiently delineated, and (3) Especially distinctive and contain some unique elements of expression.
{"title":"Iconic Fictional Object as Separately Copyrighted Work from the Original Work","authors":"Dian Ayu Muthoharoh","doi":"10.18196/JMH.V28I1.11045","DOIUrl":"https://doi.org/10.18196/JMH.V28I1.11045","url":null,"abstract":"Copyright is one of the IPR branches that protect the human’s intellectual work in the field of science, arts, and literature. The film is a creation that is protected by copyright. In a film, there are not only characters that are easy to remember but also specific properties uniquely used by the characters, especially the main character. This property is called an iconic fictional object. This normative juridical legal research will discuss one legal issue, whether an iconic fictional object can be separately protected from the original work. Based on the analysis in this study, an iconic-fictional object is not explicitly stated as work protected by copyright according to Article 40 of Copyright Law No. 28 of 2014. However, iconic fictional objects fulfil elements of a work entitled to copyright protection: The creative work in the fields of science, art, and literature; Created by the ability, skill or expertise of the creator; and Expressed in real form. Furthermore, The United States Court of Appeals for the Ninth Circuit on DC Comics vs Mark Towle Batmobile case had argued that iconic fictional objects could be separately protected from the original work as long as they meet three conditions: (1) Physical as well as conceptual qualities, (2) Sufficiently delineated, and (3) Especially distinctive and contain some unique elements of expression.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45639946","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Sadhono Hadi, Achmad Nurmandi, T. Rahardjo, Ulung Pribadi
Corruption in Indonesia takes various forms and involves various parties including the local leaders. The aim of this study is to analyze various forms of bribery involving the heads of regencies/Mayors. This study employs qualitative method and focuses on corruption cases in four regencies namely Bangkalan, Karawang, Tegal and Madiun. The research is supported by the Nvivo12 software package that enable researcher to categorize and homogeneous the enormous data. The study found that there are various types of bribery committed by the heads of regencies that include either direct bribery, levies, forced bribery (extortion), or tribute. The type of bribery depends on the specific conditions of each area. The types of corruptions can also be distinguished into hidden and open corruption. Open corruption refers to corruption that involves local governmental units.
{"title":"Corruption of the Local Leaders in Indonesia: An Expository Study","authors":"Sadhono Hadi, Achmad Nurmandi, T. Rahardjo, Ulung Pribadi","doi":"10.18196/JMH.20200155","DOIUrl":"https://doi.org/10.18196/JMH.20200155","url":null,"abstract":"Corruption in Indonesia takes various forms and involves various parties including the local leaders. The aim of this study is to analyze various forms of bribery involving the heads of regencies/Mayors. This study employs qualitative method and focuses on corruption cases in four regencies namely Bangkalan, Karawang, Tegal and Madiun. The research is supported by the Nvivo12 software package that enable researcher to categorize and homogeneous the enormous data. The study found that there are various types of bribery committed by the heads of regencies that include either direct bribery, levies, forced bribery (extortion), or tribute. The type of bribery depends on the specific conditions of each area. The types of corruptions can also be distinguished into hidden and open corruption. Open corruption refers to corruption that involves local governmental units.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46967604","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The use of amicus curiae has been common in Indonesia, especially in criminal courts. Although there is no clear regulation on amicus curiae, in practice, it has been submitted more than 24 times to the courts. Even there are some judges who consider amicus curiae in making their decisions. This paper aims to determine and examine the legal standing and the strength of amicus curiae under the Indonesian law of evidence. This normative legal research relies on the secondary data in the form of legal material. It is found that the opinion of an amicus curiae, which is usually submitted to the court in written form, could be used as a documentary evidence as intended in Article 187 of the Criminal Procedure Code. However, it has no binding force. Therefore, the judges are free whether or not to consider the opinion submitted by the amicus curiae.
{"title":"The Position of Amicus Curiae under the Indonesian Law of Evidence","authors":"Fadil Aulia, Muchlas Rastra Samara Muksin","doi":"10.18196/JMH.20200152","DOIUrl":"https://doi.org/10.18196/JMH.20200152","url":null,"abstract":"The use of amicus curiae has been common in Indonesia, especially in criminal courts. Although there is no clear regulation on amicus curiae, in practice, it has been submitted more than 24 times to the courts. Even there are some judges who consider amicus curiae in making their decisions. This paper aims to determine and examine the legal standing and the strength of amicus curiae under the Indonesian law of evidence. This normative legal research relies on the secondary data in the form of legal material. It is found that the opinion of an amicus curiae, which is usually submitted to the court in written form, could be used as a documentary evidence as intended in Article 187 of the Criminal Procedure Code. However, it has no binding force. Therefore, the judges are free whether or not to consider the opinion submitted by the amicus curiae.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44630957","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
An outstanding feature of Aceh Special Region is its autonomy relating to the administration of Islamic Criminal justice system. Undoubtedly this power is one of the key features of the devolution of power to the region. It is a tedious process with numerous challenges and obstacles. The research paper aims to examine whether the prolonged development pertaining to the Islamic Criminal justice system's administration is due to the constitutional and administrative arrangements or actually lies in society. Devolution requires well-structured and systematic planning and execution. It involves various mechanisms and touches many issues. To blame the system for protracted progress is not something unexpected. However, the perception of the public or society of Aceh relating to the Shariah Criminal Justice System also has a significant impact. The research shows that despite the general manifestation of the local population's willingness and support for the system, some issues have emerged. The research reveals that the challenges and obstacles in prolonged development come from both the society and the system. Lack of understanding of the society towards Syariah Penal Code, problems faced by members of the People Representative Council (DPR) Aceh in drafting the Code, and the need to ensure strict compliance of the Code with Syariah are among obstacles faced. The issues and their effect on the implementation and enforcement of Aceh's Syariah Penal Code are scrutinized in the research paper. This is a qualitative study based on library and internet research. It is also legal research whereby the relevant laws are examined. The devolution in Aceh is more complicated than in other regions because it is coupled with "dualisme hukum" or legal pluralism within the Indonesian legal system.
{"title":"The Challenges of Shariah Penal Code and Legal Pluralism in Aceh","authors":"Muhammad Razi, K. Mokhtar","doi":"10.18196/JMH.20200151","DOIUrl":"https://doi.org/10.18196/JMH.20200151","url":null,"abstract":"An outstanding feature of Aceh Special Region is its autonomy relating to the administration of Islamic Criminal justice system. Undoubtedly this power is one of the key features of the devolution of power to the region. It is a tedious process with numerous challenges and obstacles. The research paper aims to examine whether the prolonged development pertaining to the Islamic Criminal justice system's administration is due to the constitutional and administrative arrangements or actually lies in society. Devolution requires well-structured and systematic planning and execution. It involves various mechanisms and touches many issues. To blame the system for protracted progress is not something unexpected. However, the perception of the public or society of Aceh relating to the Shariah Criminal Justice System also has a significant impact. The research shows that despite the general manifestation of the local population's willingness and support for the system, some issues have emerged. The research reveals that the challenges and obstacles in prolonged development come from both the society and the system. Lack of understanding of the society towards Syariah Penal Code, problems faced by members of the People Representative Council (DPR) Aceh in drafting the Code, and the need to ensure strict compliance of the Code with Syariah are among obstacles faced. The issues and their effect on the implementation and enforcement of Aceh's Syariah Penal Code are scrutinized in the research paper. This is a qualitative study based on library and internet research. It is also legal research whereby the relevant laws are examined. The devolution in Aceh is more complicated than in other regions because it is coupled with \"dualisme hukum\" or legal pluralism within the Indonesian legal system.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45420627","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Green victimology refers to the study of victimology that focuses on victims of environmental harm. The object of this new study cannot be separated from the philosophical values that underlie the growth of green victimology. Through literature research based on secondary data, this research focuses on two studies. The first is about the philosophical foundations of green victimology and the second is about the perspective of green victimology in the Law Number 32 og 2009 on Environmental Protection and Management. Based on the results of the research, it can be stated that the foundation of green victimology ecocentrism which sees that the environmental entities have intrinsic value in virtue of their own interests apart from its instrumental or utilitarian value for humans. This is different from the values underlying the previous victimological study that was based on anthropocentrism. Ecocentrism has been adopted in the Law Number 32 of 2009 on Environmental Protection and Management.
{"title":"Green Victimology Perspective the Law Number 32 of 2009 on Environmental Protection and Management","authors":"A. Angkasa","doi":"10.18196/JMH.20200153","DOIUrl":"https://doi.org/10.18196/JMH.20200153","url":null,"abstract":"Green victimology refers to the study of victimology that focuses on victims of environmental harm. The object of this new study cannot be separated from the philosophical values that underlie the growth of green victimology. Through literature research based on secondary data, this research focuses on two studies. The first is about the philosophical foundations of green victimology and the second is about the perspective of green victimology in the Law Number 32 og 2009 on Environmental Protection and Management. Based on the results of the research, it can be stated that the foundation of green victimology ecocentrism which sees that the environmental entities have intrinsic value in virtue of their own interests apart from its instrumental or utilitarian value for humans. This is different from the values underlying the previous victimological study that was based on anthropocentrism. Ecocentrism has been adopted in the Law Number 32 of 2009 on Environmental Protection and Management.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67551745","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The practice of freedom of contract in Indonesia is remain imbalance due to unequal position of the parties. This imbalance has been used by companies to take advantages and at the same time harm consumers. This study aims to explain the "undue influence" doctrine in legal practice in Indonesia and its function in emphasizing the importance of the consensual principle in contracts. By using normative juridical approach based on secondary legal materials, statutory , and court decisions, and the data were collected through literature study and analyzed qualitatively. The terminology of undue influence or misbruik van omstandigheden in the Indonesian Civil Code obviously has not been regulated but has the same character as the concept of “defect of the will” as regulated in Article 1321 of the Code. The provision of “defect of the will” is an integral part of the consensual principle in Article 1320 of the Code. The function of this doctrine limits the application of the absolute principle of freedom of contract and becomes a source of law for judges in resolving contract disputes in court. In the reform of the national contract law, this doctrine should be considered to be included as an important element to complete main aspects of Article 1321 of the Code.
{"title":"The Undue Influence Doctrine and Its Function in Consumer Financing Cases","authors":"Syaiful Azam, Mulhadi Mulhadi, Dedi Harianto","doi":"10.18196/JMH.20200154","DOIUrl":"https://doi.org/10.18196/JMH.20200154","url":null,"abstract":"The practice of freedom of contract in Indonesia is remain imbalance due to unequal position of the parties. This imbalance has been used by companies to take advantages and at the same time harm consumers. This study aims to explain the \"undue influence\" doctrine in legal practice in Indonesia and its function in emphasizing the importance of the consensual principle in contracts. By using normative juridical approach based on secondary legal materials, statutory , and court decisions, and the data were collected through literature study and analyzed qualitatively. The terminology of undue influence or misbruik van omstandigheden in the Indonesian Civil Code obviously has not been regulated but has the same character as the concept of “defect of the will” as regulated in Article 1321 of the Code. The provision of “defect of the will” is an integral part of the consensual principle in Article 1320 of the Code. The function of this doctrine limits the application of the absolute principle of freedom of contract and becomes a source of law for judges in resolving contract disputes in court. In the reform of the national contract law, this doctrine should be considered to be included as an important element to complete main aspects of Article 1321 of the Code.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46413502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Cyber technology gives birth to criminal activities carried out inside the cyberspace which is technically referred to as cybercrimes. Cybercrime appears in various forms including the so-called cyberterrorism. The purpose of this research is to discuss the development of cyberterrorism and to explore the efforts made by the Government in controlling cyberterrorism in Indonesia. This normative legal research examines the application of the relevant legislation, especially Law No. 19 of 2016 regarding the Amendment to Law No. 11 of 2008 on Information and Electronic Transaction and Law No. 5 Year 2018 regarding the Amendment of the Law No. 15 of 2003 on the Eradication of Crime of Terrorism. It is found that the development of cyberterrorism can be prevented through both technological and legal approach.
{"title":"Cyber Terrorism and its Prevention in Indonesia","authors":"D. Setiawan","doi":"10.18196/JMH.V27I2.9237","DOIUrl":"https://doi.org/10.18196/JMH.V27I2.9237","url":null,"abstract":"Cyber technology gives birth to criminal activities carried out inside the cyberspace which is technically referred to as cybercrimes. Cybercrime appears in various forms including the so-called cyberterrorism. The purpose of this research is to discuss the development of cyberterrorism and to explore the efforts made by the Government in controlling cyberterrorism in Indonesia. This normative legal research examines the application of the relevant legislation, especially Law No. 19 of 2016 regarding the Amendment to Law No. 11 of 2008 on Information and Electronic Transaction and Law No. 5 Year 2018 regarding the Amendment of the Law No. 15 of 2003 on the Eradication of Crime of Terrorism. It is found that the development of cyberterrorism can be prevented through both technological and legal approach.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46011154","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The 2019 Simultaneous Regional Election has brought about some problems which threaten the quality of local democracy, especially in North Aceh Regency, Indonesia. The research aims at discussing the practice of regional election in North Aceh Regency from Islamic perspective. In Islamic law, the implementation of elections is carried out in accordance with the principles of justice and equal rights. This research is a normative and empirical study, where the research data is obtained through library research and interviews with informants. While the data analysis used is descriptive analysis. The results show that the problems in the implementation of the 2019 simultaneous elections in North Aceh Regency according to Islamic law were; first, there is a question on neutrality of the Election Commission officers in carrying out its duties and functions, such as taking sides to certain candidates or parties by way of inflating votes. This is contrary to the principles of Islamic law, namely the principles of justice and equal rights; Second, the weakness of human resources in operating computers for inputting voter data and election result data. In Islamic law, the lack of qualified human resources has an impact on the inability to account for the mandate as caliph; and third, the inadequate facilities and infrastructure, both for offices (workspaces, desks, computers, and other supporting equipment) and non-available official vehicles. This situation is contrary to objective of Islamic law, namely maqashid sharia, such as essential element of life (dharuri), complementary element of life (haji) and accessories of life (tahsini) needs.
{"title":"Simultaneous Elections in North Aceh Regency: An Islamic Perspective","authors":"Nasrullah Arull Yahya","doi":"10.18196/JMH.20200150","DOIUrl":"https://doi.org/10.18196/JMH.20200150","url":null,"abstract":"The 2019 Simultaneous Regional Election has brought about some problems which threaten the quality of local democracy, especially in North Aceh Regency, Indonesia. The research aims at discussing the practice of regional election in North Aceh Regency from Islamic perspective. In Islamic law, the implementation of elections is carried out in accordance with the principles of justice and equal rights. This research is a normative and empirical study, where the research data is obtained through library research and interviews with informants. While the data analysis used is descriptive analysis. The results show that the problems in the implementation of the 2019 simultaneous elections in North Aceh Regency according to Islamic law were; first, there is a question on neutrality of the Election Commission officers in carrying out its duties and functions, such as taking sides to certain candidates or parties by way of inflating votes. This is contrary to the principles of Islamic law, namely the principles of justice and equal rights; Second, the weakness of human resources in operating computers for inputting voter data and election result data. In Islamic law, the lack of qualified human resources has an impact on the inability to account for the mandate as caliph; and third, the inadequate facilities and infrastructure, both for offices (workspaces, desks, computers, and other supporting equipment) and non-available official vehicles. This situation is contrary to objective of Islamic law, namely maqashid sharia, such as essential element of life (dharuri), complementary element of life (haji) and accessories of life (tahsini) needs.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45799686","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Bankruptcy requirements as a legal basis for bankruptcy applications are only based on the burden of proof in a simple manner which results in the debtor being easily declared bankrupt by the court. This impedes the realization of the principle of justice that has been mandated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (SDPO). This article aims to analyze the basis of justice related to the bankruptcy of the debtor and the implementation of the bankruptcy test in relation to the request for bankruptcy submitted to the debtor. This study is a normative juridical research method that uses descriptive-analytic research. This study also uses library research to collect data and analyzes data with qualitative juridical methods. The results show that the debtor's bankruptcy application did not apply the Bankruptcy test. It is believed that insolvency test on the debtor's bankruptcy petition is as a manifestation of the principle of justice that is in accordance with Pancasila by providing balanced protection among creditors, debtors and other stakeholders.
{"title":"The Implementation of Insolvency Test on Debtors’ Bankruptcy in Performing the Principle of Justice","authors":"Isis Ikhwansyah, Lambok Marisi Jakobus Sidabutar","doi":"10.18196/JMH.20190137","DOIUrl":"https://doi.org/10.18196/JMH.20190137","url":null,"abstract":"Bankruptcy requirements as a legal basis for bankruptcy applications are only based on the burden of proof in a simple manner which results in the debtor being easily declared bankrupt by the court. This impedes the realization of the principle of justice that has been mandated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (SDPO). This article aims to analyze the basis of justice related to the bankruptcy of the debtor and the implementation of the bankruptcy test in relation to the request for bankruptcy submitted to the debtor. This study is a normative juridical research method that uses descriptive-analytic research. This study also uses library research to collect data and analyzes data with qualitative juridical methods. The results show that the debtor's bankruptcy application did not apply the Bankruptcy test. It is believed that insolvency test on the debtor's bankruptcy petition is as a manifestation of the principle of justice that is in accordance with Pancasila by providing balanced protection among creditors, debtors and other stakeholders.","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49267579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The research was conducted in order to strengthen the position of the village as a form of social control institution in solving problems that is present in the village setting which began to disappear since the independence era. A descriptive-qualitative approach with a historical-normative method is used to find the concept of the village sovereignty, obtained from studies of primary and secondary legal data. The research aims to get a historical picture as a conceptual reflection and judicial basis for developing and legitimizing the village as the place for resolving disputes among the populace. Since the monarchy until the colonial era, the village was given the authority to solve the problems of its people independently, this authority is severed after entering the independence era. The government finally began to realize the importance of village as autonomous and independent through Law No. 6 of 2014 concerning Villages and strengthened by Supreme Court Regulation; PERMA No. 1 of 2016 concerning the Mediation Process in the Court. Through the Regulation, the village head now has the authority to resolve the problems among its populace and create agreements regarding it. Hence, support from the government is needed to the respective village heads and the chosen delegates through regulation and mediation training
{"title":"Village Sovereignty in Dispute Resolution after Law No 6 of 2014 concerning Village","authors":"Ilham Yuli Isdiyanto","doi":"10.18196/JMH.20190136","DOIUrl":"https://doi.org/10.18196/JMH.20190136","url":null,"abstract":"The research was conducted in order to strengthen the position of the village as a form of social control institution in solving problems that is present in the village setting which began to disappear since the independence era. A descriptive-qualitative approach with a historical-normative method is used to find the concept of the village sovereignty, obtained from studies of primary and secondary legal data. The research aims to get a historical picture as a conceptual reflection and judicial basis for developing and legitimizing the village as the place for resolving disputes among the populace. Since the monarchy until the colonial era, the village was given the authority to solve the problems of its people independently, this authority is severed after entering the independence era. The government finally began to realize the importance of village as autonomous and independent through Law No. 6 of 2014 concerning Villages and strengthened by Supreme Court Regulation; PERMA No. 1 of 2016 concerning the Mediation Process in the Court. Through the Regulation, the village head now has the authority to resolve the problems among its populace and create agreements regarding it. Hence, support from the government is needed to the respective village heads and the chosen delegates through regulation and mediation training","PeriodicalId":53118,"journal":{"name":"Jurnal Media Hukum","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43916091","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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