Results 61 to 70 of about 4,937 (154)

The Urgency of Integrating Customary Sanctions in the National Criminal System as a Form of Restorative Justice in Biak Numfor Based on Law Number 1 of 2023 concerning the Criminal Code.

Klausula
This research aims to analyze the legal arrangements regarding the recognition of the law that lives in society in the 2023 Criminal Code (KUHP) and examine the urgency of integrating customary sanctions in the national penal system, especially in Biak ...
iryana anwar, Yanuriansyah Ar Rasyid, Djamaludin Djamaludin, Ahmad Hisyam Lubis   +3 more
doaj   +1 more source

Customary Law and Customary Practice: Changkija’s Criticism of the ‘Customary’ in Relation to Gendered Experiences

Open Library of Humanities
Monalisa Changkija interrogates two significant aspects of the ‘customary’; as law grounded in jurisprudence/justiciability in the court and as practice grounded in tradition/tribal belief systems.
Nove Chüzho
doaj   +2 more sources

PROSES LITERASI HUKUM ADAT KAMPUNG TARUNG NUSA TENGGARA TIMUR : UPAYA PENGAKUAN EKSISTENSI

Masalah-Masalah Hukum, 2019
Legal means to obtain the recognition of indigenous communities in Indonesia are still scattered in a number of different regulations. Law on Village 2014 also obligates the government to arrange the system to conduct legal acknowledgements for Adat ...
Miranda Risang Ayu Palar, Lailani Sungkar   +1 more
doaj   +1 more source

Revitalization of Indonesian criminal law through the acknowledgment of living law: An investigation of the Sigajang Laleng Lipa’ customary law

Jurnal Hukum Novelty
Introduction to the Problem: The research article examines the Sigajang Laleng Lipa’ tradition in South Sulawesi’s Bugis community as a "living law" under Indonesia's new criminal code, specifically Article 2. The tradition’s violent nature, often leading to fatal outcomes, may conflict with principles in the updated code. Purpose/Study Objectives: The
Beniharmoni Harefa, Zico Junius Fernando, Asari Suci Maharani, Ariesta Wibisono Anditya, Sri Humana   +4 more
openaire   +1 more source

Customary Law ``Bolit Mate Nawar Uman" As ``Living Law" in West Kutai Regency, East Kalimantan.

KnE Social Sciences
Customary law is a legal system that has been used by the community for a long time and it has been passed down from generation to generation. Bolit Mate Nawar Uman (BMNU) is a customary law used by indigenous people in West Kutai Regency, East Kalimantan.
Nu'man Aunuh, Syariful Alam, Tarisa .
openaire   +1 more source

Traditional Rites As A Hybrid Accountability Mechanism In Local Financial Supervision: The Relevance Of Bau Lolon In East Flores

Jurnal Trias Politika
The weakness of formal accountability mechanisms in local financial governance has led to the persistence of customary-based oversight practices in various local communities, including the Bau Lolon ritual in East Flores.
Yosef Dionisius Lamawuran, Yasinta Yunrianto Palan Peten, Veronika Boleng Kelen, Elisabeth Date Masan Welin, Yohana Fransiska Medho   +4 more
doaj   +1 more source

Banjar Customary Law as a Living Law: An Ehrlichian Analysis of Consensus-Based Dispute Resolution and Social Restoration

Anterior Jurnal
This article examines the status of Banjar customary law as a living law and its potential integration into regional regulations in South Kalimantan using Eugen Ehrlich’s theory of the living law. This normative legal study employs a conceptual approach, a statutory approach, and document analysis of both national and regional regulations. The findings
Rahmiati Rahmiati, Abdul Aziz Muslim, Khairunnisa Khairunnisa, Gusti Muhammad Raja Putra Perdana   +3 more
openaire   +1 more source

Legal Certainty of Assignment in Postponement of Debt Payment Obligations Applications: Synergy Between Positive Law, Customary Law, and the Theory of Legal Pluralism

SASI
Introduction: The assignment of receivables through cessie is an essential instrument in Indonesian civil law practice, including within the mechanism of Postponement of Debt Payment Obligations.
Binsar Jon Vic S, Dewi Iryani, Maia Kapanadze   +2 more
doaj   +1 more source

LIVING LAW AND HYBRID JUSTICE: THE INTEGRATION OF CUSTOMARY CRIMINAL LAW IN INDONESIA’S 2023 NATIONAL CRIMINAL CODE

Jurnal Hukum Progresif
The 2023 Indonesian Criminal Code represents a significant shift in Indonesia’s legal framework by recognizing living law, particularly customary criminal law, as an integral part of the national legal system. This transformation challenges the traditional legal positivism inherited from colonial rule and introduces a more pluralistic and socially ...
Annisa Sabilla Sueni, Zico Junius Fernando, Ayu Putriyana, Dwi Putri Lestarika, Almira Novia Zulaika   +4 more
openaire   +1 more source

Implications of Adat Criminal Law incorporation into the New Indonesian Criminal Code: Strengthening or weakening?

Cogent Social Sciences
Criminal Law Reform in Indonesia to replace colonial criminal law has accommodated Adat (Customary) Criminal Law in the NCC. However, the incorporation of Adat Criminal Law has raised some criticism and questions because it could endanger the existence ...
Yoserwan
doaj   +1 more source