Study of the Kawin Tangkap Tradition of Sumba: Conception 'Urf and the Sexual Violence Crimes Act

Declaration of intent, legal act and contractual capacity are established terms and basic dogmatic concepts. Starting in the late 19th century, however, it was not the concepts which were adapted to the wording of the civil code but rather the understanding of the code to the older concepts. Christian Fröde takes a different approach based on an analysis of the language of the code, the traditional concepts and their formation.

旅游管理专业开放式实践教学的重要作用已为人所知晓，但其并未得到推广与普及，原因在于学生、教师到学校三个层面都存在一些因素制约其发展，使旅游管理专业开放式实践教学的动力不足。动力培育需要帮助学生克服畏难心理，并适当激励使之明确学习目标；需要消除教师的担忧，明确实践教学的益处，并解决个人能力不足等问题；需要学校树立重“术”的办学理念，改变传统观念，实行多学科交叉人才培养模式等。 The important role of opening practical teaching has been known by most people, but it hasn’t been promotion and popularization. One of the reasons is that there are some factors restricting the development of the opening practical teaching from three levels, i.e., student, teacher and school, which make that the motivity of the opening practical teaching is lack. Motivity cultivating, for students, need help them to overcome their fear on hardship that they face, make them know their learning objectives and incent them appropriately; for teachers, need eliminate their worries, know the benefits of the opening practical teaching and help them enhance their ability; for school, need it establish the educational philosophy that technique is important, change its traditional concept and implement multidisciplinary training mode.

The crime of sexual violence against women in Southeast Maluku Regency, Maluku Province, is a serious problem that has a wide impact on victims, families, and communities. This study aims to identify the types of sexual violence that often occur, the causative factors, the effectiveness of legal protection for victims, and a review of Islamic law against this crime. The method used in this study is a juridical-sociological approach with positive legal analysis and Islamic law. Result Research shows that the dominant forms of sexual violence in this region include verbal and physical sexual harassment, rape, sexual exploitation, which contains sexual elements. The main causative factors include a strong patriarchal culture, low legal awareness of the community, social stigma against victims, and weak law enforcement. Although Indonesia has regulations such as Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law), implementation in Southeast Maluku still faces various obstacles, including a lack of resources for law enforcement and victim rehabilitation. From the perspective of Islamic law, sexual violence is categorized as a serious offense that can be punished with hudud, qisas, or ta'zir, depending on the level of the crime committed. Islam also emphasizes the principle of protection of women's honor and safety. Therefore, a more comprehensive approach is needed through strengthening law enforcement, increasing public awareness, and integrating positive law with Islamic values to ensure maximum protection for victims of sexual violence.

Purpose. The purpose of our research is to determine the content of the concepts of legal tradition and legal culture, as well as to establish their role in the process of national-patriotic education of young people. Method. The methodological basis of scientific research was a system of general scientific, special scientific and philosophical methods, as well as principles and methods of scientific knowledge. Results. It was established that «legal tradition» and «legal culture» are concepts of different content levels. «Legal tradition» is a more general and systemic concept, because it allows us to understand the way and reasons for the formation of the legal system, its evolution in historical being, the peculiarities of the implementation of legal norms, etc. Instead, «legal culture» reflects the level of development of the legal system at a specific stage of its development. It can be argued that «legal culture» forms «legal tradition». From the level of development of «legal tradition» and «legal culture» we can talk about the level of legal awareness of the country's population, about its legal activity and even legal memory. It is important that in today's conditions, when the influence of the information space is growing, globalization challenges are intensifying, various forms of hybrid conflicts are being implemented, national-patriotic education should be carried out exclusively at the level of transformation of legal culture and legal tradition. Scientific novelty. The thesis that the concepts of «legal tradition» and «legal culture» are important categories of legal understanding and express the way of formation of the legal system of a specific state is substantiated. At the same time, we consider the concept of «legal tradition» to be broader and such that it not only reveals historical experience in the process of formation and use of law by individual peoples, but also indicates the vector of development of society, reflects the level of its perception of law. Regarding the concept of «legal culture», it is narrower and primarily reflects legal perception in specific time frames. Both of these concepts are important in the context of implementing national-patriotic education. Practical significance. The achieved results can be used in the process of further theoretical and legal research, preparation of individual special courses.

Rape shield laws, which limit the introduction of sexual history evidence in rape trials, challenge the view that women with extensive sexual histories more frequently fabricate charges of rape than other women. The present study examined the relationship between women's actual sexual history and their reporting rape in hypothetical scenarios. Female participants (college students and a community sample, which included women working as prostitutes and topless dancers, and women living in a drug and alcohol rehabilitation center) imagined themselves in dating scenarios that described either a legally definable act of rape or consensual sexual intercourse. Additionally, within the rape scenarios, level of consensual intimate contact (i.e., foreplay) preceding rape was examined to determine its influence on rape reporting. Women were less likely to say that they would take legal action in response to the rape scenarios if they had extensive sexual histories, or if they had consented to an extensive amount of intimate contact before the rape. In response to the consensual sexual intercourse scenarios, women with more extensive sexual histories were not more likely to say that they would report rape, even when the scenario provided them with a motive for seeking revenge against their dating partner.

The purpose of this paper is to show the role and authority of the Notary Public profession as a non-ASN official, and the need for a change in notary law politics in the form of changes to the formation of Notary regulations in the future so as to better guarantee justice and welfare for the Notaries. This study uses a normative juridical type of research with the specification of the study conducted analytically descriptive. Normative research uses secondary data types, namely data obtained from library studies. Data collection methods used by conducting Library Research (literature study) and techniques used in deciphering and processing the data collected is a qualitative description. Weaknesses of Notary regulations, both in the Civil Code and statutory regulations, are said by State officials but in practice the Notary independently looks for his own clients, so that it is more appropriate to say a general profession than State officials because they do not receive salary from the State and the role of the Notary from time to time is not doubt. Thanks to the performance of the Notary, economic traffic is particularly related to agreements, commitments, inheritance, etc., legal actions by the people who need and carry out legal actions helped in proving authentic deeds, so that they get legal certainty. This writing concludes that the Notary Public is a public official who is not an ASN official and needs further study by the government in the future in revising the Notary regulations. Also his advice on notary legal politics needs to be changed and the government of the relevant institutions authorized to form legislation should involve senior Notaries in revising Notary regulations. Keywords : Political Law; Notary; Justice.

The purpose of this paper is to show the role and authority of the Notary Public profession as a non-ASN official, and the need for a change in notary law politics in the form of changes to the formation of Notary regulations in the future so as to better guarantee justice and welfare for the Notaries. This study uses a normative juridical type of research with the specification of the study conducted analytically descriptive. Normative research uses secondary data types, namely data obtained from library studies. Data collection methods used by conducting Library Research (literature study) and techniques used in deciphering and processing the data collected is a qualitative description.Weaknesses of Notary regulations, both in the Civil Code and statutory regulations, are said by State officials but in practice the Notary independently looks for his own clients, so that it is more appropriate to say a general profession than State officials because they do not receive salary from the State and the role of the Notary from time to time is not doubt. Thanks to the performance of the Notary, economic traffic is particularly related to agreements, commitments, inheritance, etc., legal actions by the people who need and carry out legal actions helped in proving authentic deeds, so that they get legal certainty.This writing concludes that the Notary Public is a public official who is not an ASN official and needs further study by the government in the future in revising the Notary regulations. Also his advice on notary legal politics needs to be changed and the government of the relevant institutions authorized to form legislation should involve senior Notaries in revising Notary regulations.Keywords: Political Law; Notary; Justice.

The implementation of GDPR and PSD2 in the EU as well as the PSD2 alignment with GDPR, encourage central banks in various countries including Indonesia to immediately implement an open banking system that also prioritizes privacy data protection. The PDP bill principle of explicit consent must be applied in open banking financial transactions that in Indonesia as stated in the National Standard Open API Payment (SNAP) 2021 (a Technical Standards and Governance Guideline). However, there are some fundamental differences regulated in PSD2 when compared to SNAP which will hinder Indonesia's adequate GDPR. This research is normative research with statutory approach and comparative approach. The results showed that there are some fundamental differences between PSD2 and SNAP, including the parties involved, data portability and the concept of re-consent or re-confirmation which are not regulated in SNAP but regulated in PSD2, for the concept of sensitive data payment, neither SNAP nor PSD2 provide the specific concept, both define it broadly.

This research is normative or literature research, by reviewing library materials to find out how according to Islamic law about the issue of occupational tradition in Banjar traditional marriages. The results of this study indicate that the concept of the piduduk tradition is to use several dishes in marriage. The occupation tradition is believed to refuse reinforcements in order to avoid the evil spirits that interfere with the wedding ceremony. Because the community assumed that there would be dangers to befall if the residents were not carried out. And so far the implementation of the occupation tradition in marriage has been categorized as al-urf al-fasid and al-urf al-shahih. Al-urf al-fasid, because many people believe in this position to avoid evil spirits, even though believing in other than Allah is a major sin and acts of shirk. It can become al-urf al-shahih if the person carrying out the marriage does not believe that the occupation tradition is something that causes disaster. The occupation tradition can be accepted as one of the good customs and does not contradict the Koran or the hadith if its implementation in society itself is changed, namely by straightening the intention in carrying it out instead of making us idolatrous but the address is provided only as a symbol or symbol of the expected prayer. for the bride

Attention given to children from the womb plays a vital role in supporting their physical and character development. The Karo tribe has a seven-month pregnancy tradition called ngembah manuk mbur, which aims to provide care and attention to pregnant mothers and their unborn children. However, this tradition remains limited in terms of fulfilling the rights of unborn children. Therefore, this study aims to reinterpret such tradition in the light of a biblical-theological context and within the framework of a Child-Friendly Church that it can serve as a foundation for child-friendly Christian education in the context of Karo community. The study employs a qualitative method with a literature review to explore the concept of the ngembah manuk mbur tradition and the concept of a Child-Friendly Church. These concepts serve as analytical tools to examine the implementation of such tradition. The findings indicate that reconstructing the tradition based on biblical-pedagogical principles and within the framework of a Child-Friendly Church can transform it into a foundation for child-friendly education within the Karo community. Traditionally, ngembah manuk mbur is conducted to strengthen pregnant mothers and is only performed for first-born children. This study proposes three key reconstructions of the tradition: it should be performed for all children, it should be carried out throughout the mother's pregnancy, and it should serve as a way for all family members to welcome the child into the family.

A group of private lawyers known as rights-protection (weiquan) lawyers are emerging in China showing keen interest in solving the cases affecting the public interest. These different types of weiquan lawyers helping public to shape the development of civil society.

Transfer of land title is a legal action to transfer one’s land title to another. It can only be registered if it is proven with a deed issued by Officials Empowered to Draw up Land Deeds (PPAT). The drawing up of PPAT deeds have to be attended by all parties involved in the legal action, but in the case stated in ruling number 48/G/2014/PTUN/Mdn, PPAT issues a Sale and Purchase Deed without the attendance of the land title holder. This thesis discusses about how the process of land title transfer according to the prevailing laws and regulations in Indonesia, how about the legal protection for land title holders against the land title transfer that is made by PPAT without their attendance, and how about the liabilities of PPAT for the land title transfer that is made without the attendance of the land title holder. This is a normative juridical research with descriptive analysis. The data used to answer the research problems consist of primary and secondary data sourced from library and field research. The results of this research provides conclusion, process of land title transfer pursuant to the prevailing laws and regulations that can be made through sales and purchases, exchanges, grants, income in companies and the other legal actions to transfer rights, except the transfer of rights through an auction. If PPAT issues or draws up a deed of sale and purchase on transfer of land title without the attendance of all parties or the land title holder, the deed becomes null and the land title certificate cannot be transferred if the owner does not want it; and the land title holder is rightful to file a claim to take his rights back if it is taken or transferred to another party without his permission. Due to the negligence and mistakes of PPAT in issuing a deed of transfer, PPAT shall be liable for his actions civilly, criminally and administratively in case his legal action in the transfer of land title has harmed any party or the land title holder. In this case, the PPAT has good intentions, acknowledges his mistakes and is willing to become a witness at the state administrative court to provide testimony on truth of the facts put in the deed that he has issued.

Abstract. The main purpose of this paper is to explore the role played by logic in the legal domain. In the traditional conception which underlies the movement of codification, judges are able to find in the legal system (the Master System) a unique answer for every legal problem. This entails its completeness, consistency and the possibility of deriving from it the contents of all judicial decisions. Although the ideal model of this conception is supported by important theoretical and political ideals, it has significant shortcomings. The elements of normative systems (Master Systems) are “norms” and not mere “norm‐formulations.” A “norm” is the meaning attributed to normative linguistic expressions. The set of all normative expressions, such as statutes, codes, etc. forms what is called the Master Book. One of the main problems for the ideal model is the identification of a normative system behind the Master Book. Interpretative arguments are the tools designed to solve these problems. Although the requirements of the model are not totally fulfilled in actual practice, it remains as an effective ideal rational goal behind legal activities linked to adjudication and most theoretical approaches to law.

This study uses normative research because this research is only aimed at the study of various written regulations. Referring to the provisions of Law of the Republic of Indonesia Number 2 of 2014 concerning the Position of Notary Public (Law No.2-2014), it’s known that Notaries have an important role and function in determining the validity of transactions in Indonesia. Even the Notary is also known as a trusted third party. Likewise, in the scope of the task of carrying out the position of a Notary, namely providing the evidence needed by the parties in a certain legal action, and the evidence is at the level of civil law, where the Notary prepares a deed because of a request from the attending parties. Without requests and requests from the parties, the Notary will not make any deeds, and in making the intended deeds, taking into account the evidence or statements or statements of the parties that are stated or explained or shown before the Notary. Then the Notary prepares systematically, straight forwardly, formally and materially in the form of a Notary deed. Conflict of norms between Article 15 paragraph (3) and Article 16 paragraph (1) letter m of Law no. 2 of 2014 can be completed by continuing to use Article 15 Number (3) of Law no. 2 of 2014 and can also make a notary deed in general as long as the implementation of the article is in accordance with Article 16 paragraph (1) letter m and Article 38 of Law No. 2 of 2014 and must also meet the elements in Article 1868 of the Civil Code which is a requirement for the authenticity of the deed.

This thesis discusses the liability to patients for negligence committed by medical personnel, Hospitals as one form that can be constructed as a legal entity (corporation) can be categorized as legal subjects that can take legal action so that they can be accounted for. with the problem How is the Hospital's Liability if there is negligence towards patients? And What are the legal consequences for medical personnel and health workers who commit negligence towards patients?. The type of research used in this study is normative research with a descriptive analysis nature. To obtain secondary data, a literature study was carried out. Data were analyzed qualitatively and conclusions were drawn deductively. The conclusion of this study is that in order for health services to run optimally, medical personnel must always act professionally and carefully in carrying out their duties. Hospitals also need to maintain a balance between protecting the rights of patients and health workers by implementing the principle of corporate responsibility and maximizing the supervisory function. This is important to maintain the quality of health services and reduce the risk of negligence that can harm patients.