Development Of Indonesian Law Research Articles

KEDUDUKAN HUKUM PIDANA ADAT DALAM HUKUM PIDANA INDONESIA

The development of Indonesian law is heading in a positive direction as evidence that law in Indonesia is a dynamic law, in the dynamism of Indonesian law, one form is Law Number 1 of 2023 concerning the Criminal Code, in which the Republic of Indonesia drafts provisions of Indonesian criminal law by using Indonesian culture and local wisdom as a spirit or soul in Indonesian law itself. Local wisdom is a local idea (local) that is wise, full of wisdom, good value, which is embedded and followed by community members. So that between the construction of national law and the concept of local wisdom is able to go together, legal harmonization becomes very important in the preparation and formulation of the contents in the New Penal Code Law, Article 66 paragraph (1) letter f which states that, Additional crimes as referred to in Article 64 point b consist of: f. fulfillment of local customary obligations."The article provides recognition of customary sanctions against perpetrators of criminal acts. Article 601 paragraph (1) which states that, "Any person who commits an act that according to law living in society is declared a prohibited act shall be threatened with a crime. Based on this, it is clear that the meaning of criminal acts is not only limited to those stated according to laws and regulations, but also based on customary criminal law. The article provides recognition of customary sanctions against perpetrators of criminal acts. Article 601 paragraph (1) which states that, "Any person who commits an act that according to law living in society is declared a prohibited act shall be threatened with a crime. Based on this, it is clear that the meaning of criminal acts is not only limited to those stated according to laws and regulations, but also based on customary criminal law.The article provides recognition of customary sanctions against perpetrators criminal.

ANALISIS PENYELESAIAN SENGKETA KEPEMILIKAN TANAH ANTARA KOPERASI TANI TIMIANGAN RAYA (KTTR) DENGAN DEWI ROBINAR

So important is land for human life, regulations are needed that regulate the use, allocation, control and ownership of land, along with the resolution of land disputes. Saturday, September 24 1960, was a very important day in the development of Indonesian law, especially in the field of Agrarian law. This historic date is the day Law No. 5 years known as the Basic Agrarian Principles Regulations. As forobjectiveUUPA is asBasic Law laying the foundations for legal draftingagrarianational, which will constitute a tool to bring prosperity, happiness and justice for the country and the people, especially farmers, in the framework of a just and prosperous society.NHowever, in reality there is an increase in the number of land disputes every year. Land disputes are unavoidable nowadays. The law enforcement bureaucracy in resolving land disputes through litigation and non-litigation is often found to be considered unfair in resolving these disputes. From these various cases, the emergence and sharpening of land disputes did not occur instantly, but rather grew and developed from seeds that had been buried for a long time. Such as the land ownership dispute between the Timiangan Raya Farmers Cooperative (KTTR) and Dewi Robinar. The Timiangan Raya Farmers Cooperative sued on October 5 2021 with no. Reg; 254/Pdt.G/2021/PN Prp. on suspicion of grabbing land on a 250 ha plantation owned by Dr.dr.Dewi Robinar, Sp.A. (K) since 2005 in Lubuk Napal Village, Rambah Samo District, Rokan Hulu Regency, meaning that this problem has been hidden for 18 years and was only revealed in 2021. In accordance with article 33 number 4 of the 1945 Constitution which states that the national economy is organized based on economic democracy with the principles of togetherness, efficiency, justice, sustainability, environmental insight, independence and maintaining the balance of progress and national economic unity. The various provisions and efforts mandated in it are expressly aimed at raising the standard of living of the economically weak people.In this research the method is used as an analytical tool is an approach taken based on the main legal basis by examining theories, concepts, legal principles and laws and regulations related to pThis research is with analytical descriptive research specifications. With data analysis used is qualitative data analysis.

Law and globalization

The aim of this study was to examine global regulatory governance and its impact on legal and economic development. This study was normative legal research using primary and secondary legal materials. The technique of collecting legal materials used was literature study and processed by deduction. Furthermore, it was analyzed qualitatively. The results of the study indicated that global regulatory governance was basically sovereignty. Global regulatory governance appeared as a milestone that had a positive impact on the development of Indonesian law, namely the simplification of existing regulations to build a good regulatory management system. The existing ones are effective in addressing policy issues, and were kept as intended. Besides, global regulatory governance also had a positive impact on the Indonesian economy. Thus, global regulatory governance through the Omnibus Law, licensing investment to Indonesia will be faster and easier and the economy is expected to turn around soon. Rapid investment will also encourage the growth of small, micro, and medium enterprises to absorb labor. That way the Indonesian economy after the Covid-19 pandemic will return to stability.

Implications of Legal Positivism of the Promotion of Children's Rights on National Law

This article discusses the influence of positivism in the development of legal science, especially in the development of Indonesian law. Through the positivism which was introduced by August Comte, the study aims to analyze the legal positivism as a strategic-political form that is needed in terms of promoting children's rights. As a result, positivism can not only be used as a medium used to help the modern process: the law there can also be used as a means to provide legal protection for the people’s, especially for the protection of children's rights.

Hukum Islam dalam Pergumulan Politik Hukum Nasional Era Reformasi

Abstract: This paper describes the existence of Islamic Law in the plurality of national law amidst the process of the tug of political struggle of national law in reform era. This discussion is focused on the following; first, the struggle of religion, law and politics in Indonesia; second, the development of Indonesian law and politics of law in reform era; third, the opportunities and challenges of Islamic law in the middle of the plurality of national law in reform era. This paper was as a result of library research using legal normative status, historical, and sociological point of view. The result of this study was that the struggle of religion, law and politics in Indonesia was as a process of symbiosis mutualism. Every religion has the same rights in a democratic frame of Pancasila and the 1945 Constitution and the government is as its regulator. The development of law and political law of the reform era indicated that the presence of political sciencetific engineering of Dutch law had resulted in positive law in Indonesia which had not met the legal awareness of the community. In fact, the opportunities and challenges of Islamic law in the middle of the plurality of national law of reform era are formulated in three aspects. Politically, the weak parliamentary support in the National Legislation Program PROLEGNAS) affects the existence of Islamic law. Philosophically, the internal conflict in the understanding of Islamic law sometimes marginalize Islamic law itself. And sociologically, only few values of Islamic law are absorbed in a national scale.