Pub Date : 2023-09-22DOI: 10.47268/sasi.v29i3.1467
Hazar Kusmayanti, Dede Kania, Dewi Sulastri, Endeh Suhartini, Ramalinggam Rajamanickam
Introduction: The marriage law was carried out through a long process, due to, religions, or national interests. Marriages in Indonesia are not only based on the beliefs of official religions in Indonesia, but there are also marriages carried out by the Faith in God Almighty. One of the faith streams in Indonesia is the Sunda Wiwitan school. Purposes of the Research: In this study, researchers were interested in examining magical religious practices in the marriages of the Sunda Wiwitan indigenous people of West Java.Methods of the Research: The approach method used in this study is normative juridical research through legal principles, legal systematics, legal synchronization, and legal comparison. Results of the Research: The results showed that the marriage practice of indigenous peoples who live the Sunda Wiwitan faith is still thick with its customary rituals, this is done as a process in fulfilling the practice of marriage as one of the important life phases for the Sunda Wiwitan community. The characteristics of marriage of indigenous peoples who live in Sunda Wiwitan in West Java, having the concept of marriage containing the meaning of the beginning of the single end so sawaji (initially one, finally so unified), Marriage must be monogamous which is approved by the parents of both parties and the prohibition of marriage for Sunda Wiwitan believers is to marry between nations (marrying people outside Indonesia).
{"title":"Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java","authors":"Hazar Kusmayanti, Dede Kania, Dewi Sulastri, Endeh Suhartini, Ramalinggam Rajamanickam","doi":"10.47268/sasi.v29i3.1467","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1467","url":null,"abstract":"Introduction: The marriage law was carried out through a long process, due to, religions, or national interests. Marriages in Indonesia are not only based on the beliefs of official religions in Indonesia, but there are also marriages carried out by the Faith in God Almighty. One of the faith streams in Indonesia is the Sunda Wiwitan school. Purposes of the Research: In this study, researchers were interested in examining magical religious practices in the marriages of the Sunda Wiwitan indigenous people of West Java.Methods of the Research: The approach method used in this study is normative juridical research through legal principles, legal systematics, legal synchronization, and legal comparison. Results of the Research: The results showed that the marriage practice of indigenous peoples who live the Sunda Wiwitan faith is still thick with its customary rituals, this is done as a process in fulfilling the practice of marriage as one of the important life phases for the Sunda Wiwitan community. The characteristics of marriage of indigenous peoples who live in Sunda Wiwitan in West Java, having the concept of marriage containing the meaning of the beginning of the single end so sawaji (initially one, finally so unified), Marriage must be monogamous which is approved by the parents of both parties and the prohibition of marriage for Sunda Wiwitan believers is to marry between nations (marrying people outside Indonesia).","PeriodicalId":53158,"journal":{"name":"SASI","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136011708","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}
Introduction: One of the legal goods provided by a notary is a cover note, which is a statement in the management of a deed or a notarial document stating that the deed is in progress and can be finished within the time set by the cover note.Purposes of the Research: A notary certificate is referred to as a cover note, as a substitute for the process of obtaining a certificate from a notary public, land title guarantees can be replaced temporarily depending on needs and developments. Notaries can make issue cover notes, which have legal consequences and make legal norms null and void. The legal basis for making and issuing cover notes is not yet known. This paper discusses two matters: What legal authority does a notary have to issue a cover note? What are the legal consequences of publishing a cover note by a notary? Methods of the Research: This is typical of legal writings that take a legal approach and examine legal concepts. In socio legal research, research begins with a hypothesis. After formulating the hypotheses, the hypotheses are tested. Data collection techniques in socio legal research are carried out through interviews, observation, questionnaires and document analysis.Results of the Research: However, notaries are allowed to issue and make cover notes because it is a form of agreement. This paper concludes that there is no legal basis for regulating cover notes. If the duties and authorities do not comply with the contents of the cover note, the law will result in a violation of Article 1366 of the Criminal Code.
{"title":"Legal Consequences of Making a Notary's Cover Note in the Implementation of Notary's Duties","authors":"Ikhsan Lubis, Tarsisius Murwadji, Sunarmi Sunarmi, Detania Sukarja","doi":"10.47268/sasi.v29i3.1292","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1292","url":null,"abstract":"Introduction: One of the legal goods provided by a notary is a cover note, which is a statement in the management of a deed or a notarial document stating that the deed is in progress and can be finished within the time set by the cover note.Purposes of the Research: A notary certificate is referred to as a cover note, as a substitute for the process of obtaining a certificate from a notary public, land title guarantees can be replaced temporarily depending on needs and developments. Notaries can make issue cover notes, which have legal consequences and make legal norms null and void. The legal basis for making and issuing cover notes is not yet known. This paper discusses two matters: What legal authority does a notary have to issue a cover note? What are the legal consequences of publishing a cover note by a notary? Methods of the Research: This is typical of legal writings that take a legal approach and examine legal concepts. In socio legal research, research begins with a hypothesis. After formulating the hypotheses, the hypotheses are tested. Data collection techniques in socio legal research are carried out through interviews, observation, questionnaires and document analysis.Results of the Research: However, notaries are allowed to issue and make cover notes because it is a form of agreement. This paper concludes that there is no legal basis for regulating cover notes. If the duties and authorities do not comply with the contents of the cover note, the law will result in a violation of Article 1366 of the Criminal Code.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136011701","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}
Pub Date : 2023-09-22DOI: 10.47268/sasi.v29i3.1393
Agus Agus, Sudirman Sudirman, Wahyudi Umar, Ahmad Rustan
Introduction: The use of artificial intelligence (AI) in dispute resolution through arbitration has become an increasingly relevant topic in the legal world. AI can speed up the process of data collection, data analysis, and provide predictions and recommendations in dispute resolution. However, the use of AI also raises some challenges and risks that need to be overcome.Purposes of the Research: This paper intends to explore the potential of the use of Artificial Intelligence (AI) Technology in dispute resolution through arbitration, as well as the challenges and risks associated with its use. Methods of the Research: The research method used is normative research by analyzing various literature and regulations related to the use of AI in dispute resolution through arbitration. Results of the Research: The results showed that the use of AI in dispute resolution through arbitration can speed up the process and improve the accuracy of data analysis. However, its use also has challenges and risks such as the risk of error and the inability of AI to understand the legal nuances and human factors in the dispute resolution process. To minimize risks and ensure fairness and legal certainty in the dispute resolution process through arbitration, clear regulations and standards are needed in the use of AI. In addition, users and legal practitioners involved in the dispute resolution process through arbitration also need to improve understanding and knowledge of AI technologies.
{"title":"The Use of Artificial Intelligence in Dispute Resolution Through Arbitration: The Potential and Challenges","authors":"Agus Agus, Sudirman Sudirman, Wahyudi Umar, Ahmad Rustan","doi":"10.47268/sasi.v29i3.1393","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1393","url":null,"abstract":"Introduction: The use of artificial intelligence (AI) in dispute resolution through arbitration has become an increasingly relevant topic in the legal world. AI can speed up the process of data collection, data analysis, and provide predictions and recommendations in dispute resolution. However, the use of AI also raises some challenges and risks that need to be overcome.Purposes of the Research: This paper intends to explore the potential of the use of Artificial Intelligence (AI) Technology in dispute resolution through arbitration, as well as the challenges and risks associated with its use. Methods of the Research: The research method used is normative research by analyzing various literature and regulations related to the use of AI in dispute resolution through arbitration. Results of the Research: The results showed that the use of AI in dispute resolution through arbitration can speed up the process and improve the accuracy of data analysis. However, its use also has challenges and risks such as the risk of error and the inability of AI to understand the legal nuances and human factors in the dispute resolution process. To minimize risks and ensure fairness and legal certainty in the dispute resolution process through arbitration, clear regulations and standards are needed in the use of AI. In addition, users and legal practitioners involved in the dispute resolution process through arbitration also need to improve understanding and knowledge of AI technologies.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136010528","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}
Pub Date : 2023-09-22DOI: 10.47268/sasi.v29i3.1477
Sabela Gayo
Introduction: In resolving ordinary maritime disputes related to national borders, from several types of dispute resolution, mediation is the right way to resolve disputes involving third parties.Purposes of the Research: This paper aims to find out that in resolving martim aurann disputes the law is contained in international law, namely UNCLOS 1982 which regulates martim disputes.Methods of the Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: Alternative settlement of territorial boundary disputes can be done by, first, referring to UNCLOS 1982 through Bilateral Mutual Agreement in drawing a temporary line (equidistant line) using the equity principle and considering relevant factors and the possibility of modifying the equidistant line with the diplomatic approach of both countries, second, through the ASEAN mechanism, and. third, through the mechanism of the International Court of justice by promoting equitable principles and relevant circumstances.However, resolving with the second alternative is more appropriate because it can use mediation methods in maritime dispute resolution.
{"title":"Maritime Dispute Resolution With Mediation Techniques","authors":"Sabela Gayo","doi":"10.47268/sasi.v29i3.1477","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1477","url":null,"abstract":"Introduction: In resolving ordinary maritime disputes related to national borders, from several types of dispute resolution, mediation is the right way to resolve disputes involving third parties.Purposes of the Research: This paper aims to find out that in resolving martim aurann disputes the law is contained in international law, namely UNCLOS 1982 which regulates martim disputes.Methods of the Research: The type of research is normative juridical with analysis using legal documents in the form of primary legal materials, secondary legal materials, and tertiary legal materials.Results of the Research: Alternative settlement of territorial boundary disputes can be done by, first, referring to UNCLOS 1982 through Bilateral Mutual Agreement in drawing a temporary line (equidistant line) using the equity principle and considering relevant factors and the possibility of modifying the equidistant line with the diplomatic approach of both countries, second, through the ASEAN mechanism, and. third, through the mechanism of the International Court of justice by promoting equitable principles and relevant circumstances.However, resolving with the second alternative is more appropriate because it can use mediation methods in maritime dispute resolution.","PeriodicalId":53158,"journal":{"name":"SASI","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136010535","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}
Pub Date : 2023-06-14DOI: 10.47268/sasi.v29i3.1528
Nancy Silvana Haliwela
Introduction: Banks as an institution are not only required to protect customer funds but are also obliged to maintain the confidentiality of customer personal data.Purposes of the Research: This paper aims to examine the regulations governing the protection of customers' personal data and to examine the supervision and law enforcement of the protection of banking customers' personal data.Methods of the Research: This research uses normative legal research methods with a statutory approach, conceptual approach, and case approach. The statutory approach relates to legislation on personal data protection and banking. The conceptual approach relates to the concepts of banking and personal data protection. The case approach relates to cases of supervision and law enforcement of violations or crimes of personal data of banking customers.Results of the Research: The results show that regulations governing customer data protection are contained in various laws and regulations related to personal data protection and banking and other technical regulations. In addition, the study results also show that supervision of the protection of personal data of banking customers has been carried out by three institutions that have supervisory authority, namely Bank Indonesia, the Financial Services Authority, and the Deposit Insurance Corporation. Law enforcement against violations and crimes against customers' personal data still faces challenges, because although there are many cases of crimes using customers' personal data, only a few can be enforced against crimes against customers' personal data.
{"title":"The Essence of Legal Protection of Personal Data of Customers In Banking Transactions","authors":"Nancy Silvana Haliwela","doi":"10.47268/sasi.v29i3.1528","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1528","url":null,"abstract":"Introduction: Banks as an institution are not only required to protect customer funds but are also obliged to maintain the confidentiality of customer personal data.Purposes of the Research: This paper aims to examine the regulations governing the protection of customers' personal data and to examine the supervision and law enforcement of the protection of banking customers' personal data.Methods of the Research: This research uses normative legal research methods with a statutory approach, conceptual approach, and case approach. The statutory approach relates to legislation on personal data protection and banking. The conceptual approach relates to the concepts of banking and personal data protection. The case approach relates to cases of supervision and law enforcement of violations or crimes of personal data of banking customers.Results of the Research: The results show that regulations governing customer data protection are contained in various laws and regulations related to personal data protection and banking and other technical regulations. In addition, the study results also show that supervision of the protection of personal data of banking customers has been carried out by three institutions that have supervisory authority, namely Bank Indonesia, the Financial Services Authority, and the Deposit Insurance Corporation. Law enforcement against violations and crimes against customers' personal data still faces challenges, because although there are many cases of crimes using customers' personal data, only a few can be enforced against crimes against customers' personal data.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42055691","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}
Pub Date : 2023-06-12DOI: 10.47268/sasi.v29i3.1316
W. Tan, Ampuan Situmeang, Febri Jaya
Introduction: Population growth has positive and negative impacts on a region. Batam city is a city with a fairly large population and Batam City must be able to fulfill its citizens' rights.Purposes of the Research: This study aims to analyze the fulfillment of the right to work and identify ways to control the rate of population growth to meet the need for jobs. Methods of the Research: The method used in this research is normative juridical. The study used is library research. The basis used in this study is the juridical basis which consists of the 1945 Constitution, Law Number 39 of 1999 concerning Human Rights and the theoretical basis used is the legal system theory of Lawrence Meir Friedman. Results of the Research: Based on the results of the study, it was found that the population growth in the Batam city is increasing and the Batam city has an obligation to fulfill the right to work for its residents. Therefore, Batam City must make a population grand design which also contains strategic plans for managing human resources and strategies for preparing jobs for its residents
{"title":"Population Growth: Challenges In The Fulfillment of The Right To Work","authors":"W. Tan, Ampuan Situmeang, Febri Jaya","doi":"10.47268/sasi.v29i3.1316","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1316","url":null,"abstract":"Introduction: Population growth has positive and negative impacts on a region. Batam city is a city with a fairly large population and Batam City must be able to fulfill its citizens' rights.Purposes of the Research: This study aims to analyze the fulfillment of the right to work and identify ways to control the rate of population growth to meet the need for jobs. Methods of the Research: The method used in this research is normative juridical. The study used is library research. The basis used in this study is the juridical basis which consists of the 1945 Constitution, Law Number 39 of 1999 concerning Human Rights and the theoretical basis used is the legal system theory of Lawrence Meir Friedman. Results of the Research: Based on the results of the study, it was found that the population growth in the Batam city is increasing and the Batam city has an obligation to fulfill the right to work for its residents. Therefore, Batam City must make a population grand design which also contains strategic plans for managing human resources and strategies for preparing jobs for its residents","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42316845","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}
Pub Date : 2023-06-12DOI: 10.47268/sasi.v29i3.1395
Putu Nindya Sri Satya Lestari, I. Kartika
Introduction: The uncertainty surrounding levies on mineral mining transportation activities requires an observation of the legal concepts that have conceptualized the levies and the system that is being used. Therefore, there is a need for harmonization of the levy concept related to indigenous villages.Purposes of the Research: This study is aimed to determine the boundaries of authority of the Customary Village towards the implementation of state authority and the levy category for the mineral mining transportation.Methods of the Research: This study uses a normative research method because the legal issues discussed are related to the implementation of statutory norms, namely the Regional Regulations on Traditional Villages in Bali with higher statutory regulations, through a conceptual approach, as well as the snowball technique used in collecting legal materials with the technique such as descriptions, comparisons, evaluations, and arguments in analyzing legal materials.Results of the Research: The authority of the indigenous village to regulate the levies collected by the indigenous village as long as they do not conflict with higher regulations is considered valid. The concept of levies regulated in legislation classified as specific levies, as the object is the transportation of mineral mining, is not collected by force but voluntarily regarding the tariff amount, and has been agreed upon in the form of awig-awig (a social norm regulation of Balinese society) and can be categorized as a valid levy, as the levies imposed are not separated from the elements of Tri Hita Karana.
{"title":"Harmonization of Levy System in Customary Village Referred to Mineral Mining Transporting Activity","authors":"Putu Nindya Sri Satya Lestari, I. Kartika","doi":"10.47268/sasi.v29i3.1395","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1395","url":null,"abstract":"Introduction: The uncertainty surrounding levies on mineral mining transportation activities requires an observation of the legal concepts that have conceptualized the levies and the system that is being used. Therefore, there is a need for harmonization of the levy concept related to indigenous villages.Purposes of the Research: This study is aimed to determine the boundaries of authority of the Customary Village towards the implementation of state authority and the levy category for the mineral mining transportation.Methods of the Research: This study uses a normative research method because the legal issues discussed are related to the implementation of statutory norms, namely the Regional Regulations on Traditional Villages in Bali with higher statutory regulations, through a conceptual approach, as well as the snowball technique used in collecting legal materials with the technique such as descriptions, comparisons, evaluations, and arguments in analyzing legal materials.Results of the Research: The authority of the indigenous village to regulate the levies collected by the indigenous village as long as they do not conflict with higher regulations is considered valid. The concept of levies regulated in legislation classified as specific levies, as the object is the transportation of mineral mining, is not collected by force but voluntarily regarding the tariff amount, and has been agreed upon in the form of awig-awig (a social norm regulation of Balinese society) and can be categorized as a valid levy, as the levies imposed are not separated from the elements of Tri Hita Karana.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42954046","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}
Pub Date : 2023-06-12DOI: 10.47268/sasi.v29i3.1486
Meliyani Sidiqah
Introduction: The emergence of online transportation provides significant changes in various aspects of people's lives. But its success raises protests from several groups for the abolition of online transportation. The rapid technological development of land transportation that cannot be accommodated by Indonesian law can affect the certainty of law. Further, it can provide legal protection to related parties.Purposes of the Research: This research aims to analyse the implication of online transportation as land transportation in Indonesia, and to recommend the accommodation of online transportation in Law Number 22 of 2009 on Road Traffic and Transportation to the Government of Indonesia.Methods of the Research: This research employed the normative juridical method by examining secondary data collected from library research using the statutory approach method analysed by qualitative technique.Results of the Research: The results show that the existence of online transportation as land transportation has positive implications for society such as the easier process, saving time, saves energy, can identify drivers, can track routes and vehicle locations, traffic monitoring, safety standards, lower costs, promos and discounts, efficient payment methods, and driver services. The other benefits are reducing the unemployment rate, increasing people's income, reducing the number of poverties, improving the people's welfare, and increasing the productivity of every institution and company. So, the government of Indonesia must accommodate online transportation in Law Number 22 of 2009 on Road Traffic and Transportation.
{"title":"The Implication of the Development of Technology on Land Transportation Law in Indonesia","authors":"Meliyani Sidiqah","doi":"10.47268/sasi.v29i3.1486","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1486","url":null,"abstract":"Introduction: The emergence of online transportation provides significant changes in various aspects of people's lives. But its success raises protests from several groups for the abolition of online transportation. The rapid technological development of land transportation that cannot be accommodated by Indonesian law can affect the certainty of law. Further, it can provide legal protection to related parties.Purposes of the Research: This research aims to analyse the implication of online transportation as land transportation in Indonesia, and to recommend the accommodation of online transportation in Law Number 22 of 2009 on Road Traffic and Transportation to the Government of Indonesia.Methods of the Research: This research employed the normative juridical method by examining secondary data collected from library research using the statutory approach method analysed by qualitative technique.Results of the Research: The results show that the existence of online transportation as land transportation has positive implications for society such as the easier process, saving time, saves energy, can identify drivers, can track routes and vehicle locations, traffic monitoring, safety standards, lower costs, promos and discounts, efficient payment methods, and driver services. The other benefits are reducing the unemployment rate, increasing people's income, reducing the number of poverties, improving the people's welfare, and increasing the productivity of every institution and company. So, the government of Indonesia must accommodate online transportation in Law Number 22 of 2009 on Road Traffic and Transportation.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48994928","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}
Pub Date : 2023-06-12DOI: 10.47268/sasi.v29i3.1494
Ina Heliany, W. Widowati, Muhenri Sihotang
Introduction: The ratification of the New Criminal Code actually has an orientation towards strengthening legal pluralism in the field of criminal law. This is evidenced by the adoption of customary criminal law as a recognized law in addition to national criminal law.Purposes of the Research: This study aims to analyze the implications of the formulation of Article 2 of the New Criminal Code concerning the practice of Indonesian criminal law pluralism and the future orientation of the formulation of Article 2 of the New Criminal Code to strengthen the pluralism of Indonesian criminal law.Methods of the Research: This research is a normative legal research that uses a concept and statutory approach.Results of the Research: The study results show that the legal implications of formulating guarantees for the enforceability of laws that live in society affirm the existence of customary criminal law as a living law in society, thereby affirming the essence of legal pluralism. The future orientation of Indonesian criminal law pluralism after the enactment of the New Criminal Code is to maintain harmonious relations between the national legal system and the customary law system and to conduct an inventory of existing customary criminal laws. Customary criminal law that still exists is then regulated specifically in regional regulations in each region so that judges can then use it as a reference in deciding a criminal case that has a legal essence that lives in society.
{"title":"The Pluralism of Indonesian Criminal Law: Implications and Orientations in the Post-New Criminal Code","authors":"Ina Heliany, W. Widowati, Muhenri Sihotang","doi":"10.47268/sasi.v29i3.1494","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1494","url":null,"abstract":"Introduction: The ratification of the New Criminal Code actually has an orientation towards strengthening legal pluralism in the field of criminal law. This is evidenced by the adoption of customary criminal law as a recognized law in addition to national criminal law.Purposes of the Research: This study aims to analyze the implications of the formulation of Article 2 of the New Criminal Code concerning the practice of Indonesian criminal law pluralism and the future orientation of the formulation of Article 2 of the New Criminal Code to strengthen the pluralism of Indonesian criminal law.Methods of the Research: This research is a normative legal research that uses a concept and statutory approach.Results of the Research: The study results show that the legal implications of formulating guarantees for the enforceability of laws that live in society affirm the existence of customary criminal law as a living law in society, thereby affirming the essence of legal pluralism. The future orientation of Indonesian criminal law pluralism after the enactment of the New Criminal Code is to maintain harmonious relations between the national legal system and the customary law system and to conduct an inventory of existing customary criminal laws. Customary criminal law that still exists is then regulated specifically in regional regulations in each region so that judges can then use it as a reference in deciding a criminal case that has a legal essence that lives in society.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47295585","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}
Pub Date : 2023-06-12DOI: 10.47268/sasi.v29i3.1505
Maisa Maisa, Muhammad Akbar, Samsuria Samsuria, Ida Lestiawati
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.
{"title":"The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation","authors":"Maisa Maisa, Muhammad Akbar, Samsuria Samsuria, Ida Lestiawati","doi":"10.47268/sasi.v29i3.1505","DOIUrl":"https://doi.org/10.47268/sasi.v29i3.1505","url":null,"abstract":"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.","PeriodicalId":53158,"journal":{"name":"SASI","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46258588","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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