Formal Requirements Research Articles

The Urgency of Forming Laws and Regulations on Citizen Lawsuits in Indonesia

This research aims to seek the formation of laws and regulations regarding Citizen Lawsuits. Citizen Lawsuitis access for citizens to represent the public interest to file lawsuits in court based on unlawful acts by the government. Since the receipt of the Citizen Lawsuit filed byMunir CS,based on the abandonment of TKI in Nunukan by the Government of Indonesia, until now there has been no regulationregarding Citizen Lawsuits. The formulation of the problem used in this study is first, what is the urgency of establishing legislation regarding Citizen Lawsuit in Indonesia, and second, what form of legislation regardingCitizen Lawsuit is ideally implemented in Indonesia. The research method used is normative-juridical research. The results of this study show that the condition of the legal vacuum regarding Citizen Lawsuit results in the inconsistency of the Panel of Judges in interpreting formal requirements, namely notifications; therefore, it is necessary to make laws and regulations regardingCitizen Lawsuits to catch up with written law and prevent inconsistencies in court decisions. In conclusion, the legal basis used by the Judges panel in accepting the Citizen Lawsuit was based on Article 10 Section (1) and Article 5 Section (1) of Law number 48 of 2009 concerning Judicial Power. Additionally, the Law of Civil Procedure should include the principle of Citizen Lawsuits, but since legislation takes time to pass, the Supreme Court can work around this by creating a PERMA. Suggestions from this research, it is necessary to make efforts to form regulations regarding Citizen Lawsuit, and it is necessary to research Citizen Lawsuit models in Anglo-Saxon countries to be used as reference material in formingCitizen Lawsuit regulations.
 Keywords: urgency, formation of legislation, citizen lawsuit

Социально-экономические эффекты инфраструктурных проектов государственно-частного партнёрства: система Piers и российская практика

The paper examines the effects arising from the implementation of infrastructure projects through public-private partnerships. The relevance of the work is reflected in the consideration of PPP projects from the point of view of compliance with the goals of sustainable development: this approach correlates with the people-first PPP concept proposed by the UN, according to which PPP projects should become an important tool for achieving sustainability. The program of construction of university campuses under the National Project "Science and Universities", which involves the construction of social infrastructure, has been chosen as an industry for a more in-depth study. The object of the study is the socio-economic effects of Russian PPP projects. The research objective is as follows: to assess the degree of inclusion of sustainability issues in the process of selection for PPP projects for implementation in Russia. The objectives of the study are: to analyze the formal requirements of Russian legislation for the assessment of socio-economic effects of PPP projects in general and in the campus development industry in particular; to identify the main effects mentioned in the implementation of various PPP projects; to assess the formal requirements for the degree of compliance with the objectives of sustainable development, as well as the criteria of the PIERS system developed with the support of the United Nations. The example of the Chizhik tramway is considered as a successful PPP market project. The methods of comparative analysis, comparison and generalization, transferring the experience of foreign countries to the situation in Russia are used. As a result, the superficiality of requirements to the socio-economic effects of PPP projects and insufficiency of their assessment in terms of impact on possible stakeholders have been revealed; the current development of the Russian PPP market does not fully meet the SDGs and UN recommendations.

Zawiadomienie rzecznika dyscyplinarnego na podstawie art. 75. ust. 2a Karty Nauczyciela

In this publication, most of the considerations are devoted to the premises that make it necessary to take legal action by the school headmaster and discuss formal and legal actions related to notifying the disciplinary spokesperson of an act violating the rights and welfare of a child. The article basically consists of two parts. The first one discusses the material grounds for notifying the disciplinary officer. In turn, the second part deals with the formal and legal requirements of the notification. The publication also thoroughly analyzes the role of the director as a body that initiates explanatory proceedings before the disciplinary ombudsman. Therefore, considerations of the doctrine of administrative, constitutional and criminal law are presented. In addition, several key judgments of the Constitutional Tribunal and administrative courts are included.

Aantekeninge: Afgeleide wyse van eiendomsverkryging op ’n onroerende saak gehou in mede-eiendom vereis steeds ’n saaklike ooreenkoms met álle mede-eienaars

Aantekeninge: Afgeleide wyse van eiendomsverkryging op ’n onroerende saak gehou in mede-eiendom vereis steeds ’n saaklike ooreenkoms met álle mede-eienaars

Отбор и назначение судей в РК: развитие законодательства и проблемные аспекты в формировании и деятельности Высшего Судебного Совета РК

Based on the analysis of the development of legislation and the identification of gaps and shortcomings in it, this paper suggests ways to improve the system of selection and appointment of judges in the Republic of Kazakhstan, which is of great importance for the independent functioning of the judiciary and the implementation of the rule of law. In world practice, there are many ways to develop an effective and professional judicial corps. It is not necessary that all the mechanisms known from the legislation and experience of many countries are involved in this process. The authors believe that the fact of borrowing a certain mechanism, even tested in the activities of individual countries, cannot guarantee its efficiency in Kazakhstan. Indeed, various forms such as legislative prescriptions play an important role in this process, but no less important is the correct implementation of democratic world trends in the established legislative provisions, filling formal requirements with clear and legitimate content, which is ensured by the correct legal policy of the state, high-quality legal technology of legislation and the appropriate application of legal standards.

Models of regulating constitutional complaints in view of amendment procedures in european countries

ObjectivesThe mechanism behind such complaints is intended to ensure an additional layer of security between the citizen and public institutions. The models established in European Union Member States show that the very concept of a constitutional complaint, as well as the formal requirements and its placement in the legal system are not uniform. Particular importance should be attributed to placement of this mechanism in the judicial system of an analysed country. In order to fully comprehend how effective the level of protection of rights truly is and what are the exact consequences of such regulations, it is imperative to determine whether the procedure is regulated in the constitution itself or through statutory law.Material and methodsIn order to create this article general scientific research methods were used, both empirical and theoretical (analysis, synthesis, abstraction, generalization and induction). Systemic, functional and comparative research methods were also included.ResultsThe article presents various models of constitutional complaints with reference to their role in influencing the level of human and citizen rights and freedoms protection.ConclusionsDifferent levels of protection of human rights and freedoms are provided by European countries depending on the model of regulations they chose. From a legal and factual point of view, this lack of unison does raise legitimate doubts. However, the majority of EU member states are also signatories to various conventions and treaties concerning human rights and freedoms. In view of the above, the question of internationally standardising the scopes of complaints and procedures used by constitutional courts or tribunals, should be considered so that member states (at least during their EU membership) cannot restrict or violate any rights.

COMPARATIVE ANALYSIS OF INHERITANCE LEGISLATION IN UKRAINE AND POLAND: CIVIL AND TAX ASPECTS

This comprehensive study delves into the inheritance laws of Ukraine and Poland, shedding light on their common features and distinguishing factors. In an era of increasing cross-border estates and globalized family structures, understanding the intricacies of inheritance laws in these two nations is of paramount importance. The analysis begins by exploring shared legal terminology and concepts, such as "testament," "intestate succession," and the emphasis on family and kinship in determining inheritance rights. Both countries provide provisions for disinheritance under specific circumstances and establish succession rights for spouses and children, underscoring the significance of familial relationships. However, significant disparities emerge in several key areas. Variations in inheritance taxation structures are evident, with Ukraine employing preferential tax rates for close relatives, while Poland bases taxation on asset value. Formalities for creating valid wills diverge; Ukraine allows for simple handwritten wills, while Poland demands more formal notarial requirements. Ukraine's forced heirship provisions safeguard certain family members' minimum entitlement to the estate, a contrast to Poland's absence of strict forced heirship. The study underlines the influence of socio-economic factors, with Ukraine's post-Soviet heritage and Poland's transition from communism shaping their respective legal landscapes. It offers crucial policy recommendations, including the harmonization of inheritance taxation structures, balanced forced heirship provisions, and guidelines for cross-border estate planning. In an increasingly interconnected world, the need to harmonize inheritance laws becomes evident, ensuring fairness, predictability, and the protection of individual and familial interests. This research contributes to a deeper understanding of inheritance laws in Ukraine and Poland, providing valuable insights for individuals, legal practitioners, and policymakers navigating cross-border estate planning and succession cases.

Sinkronisasi System Perdamaian Khusus Tindak Pidana Pencurian Kelapa Sawit di Wilayah Polsek Bahar Selatan Melalui Hukum Adat Setempat dan Hukum Positif Indonesia

Palm oil theft was resolved in a customary manner by the people of Bahar Selatan Muara Jambi rather than through the criminal justice system starting from the Bahar Selatan Police so they were interested in doing research. The aim of the research is to understand and analyze the Settlement of Criminal Cases according to Selata customary law, to examine the actions and efforts in the jurisdiction of the Bahar Police, the research method uses empirical juridical. Completion of Criminal Cases Based on Customary Law in the Legal Area of the South Bahar Police with customary institutions at the sub-district level of South Bahar on the basis of considerations of theft caused by the difficulty of finding work, due to the number of residents who do not match employment opportunities, the large number of people who drop out of school, because of school graduation certificates is a formal requirement for finding a job. Therefore people use shortcuts, namely working a little and making a lot of money. even if you commit an unlawful crime of theft. The Attitudes and Actions of the Police of the Bahar Selatan Police on the Report on Completion of Criminal Theft according to Customary Law while continuing to carry out the minutes through the restorative justice process and the results of peace through adat as a witness to the tuo tengganai traditional institutions of the South Bahar Sub-District The efforts of the South Bahar Police in Providing an Understanding of the Synchronization of Local Customary Law and Indonesian Positive Law in Enforcing the Criminal Law of Palm Oil Theft in the South Bahar Police Area through outreach through socialization by providing an understanding of procedures Guidelines for the mechanism for implementing restorative justice in Enforcing the Criminal Law of Palm Oil Theft in the South Bahar Police Area the suggestion put forward is that involvement is needed the community, traditional institutions and stakeholders of Bahar Selatan in carrying out the settlement of criminal cases of theft, bearing in mind that the community (environment) is an object that is directly affected by a crime, and also that the community can participate in the settlement process from start to finish, such as: restoration of rights victims and vindication of perpetrators. Simultaneous increase in police officers carrying out socialization in the midst of society the importance of restorative justice in the context of synchronizing peace with traditional institutions.

Family doctors as healthcare coordinators. Matrix of family doctors' competences for unlocking health workforce potential - the case of Poland

The article presents the results of the research on the competences of family doctors in the Polish healthcare system. According to the 2017 bill on primary health care (PHC) introducing integrated care to PHC, family physicians are obliged to coordinate the care delivered to their populations and to manage the PHC teams. First contracts on integrated care with the National Health Fund have been concluded in 2022. 
 The regulation evoked the necessity of redefining the role of family physicians in the healthcare system. Before that they were habitually deprived of chances to manage the care they provide. The author claims that their role should be perceived as managerial. It is crucial for patients and decision makers to understand family physicians' role in the system and properly manage the PHC workforce, especially when new professions and functions are being introduced to PHC. The regulation is not clear enough in regard to the definition of healthcare coordinator and leaves space to terminological inconsistency and, as a consequence, inadequate use of health workforce potential. The observations that led to designing the research were shared and consulted with the PHC community (focus group consisted of family doctors and PHC facilities’ staff members from lubuskie voivodeship). The research has been shared within academia (results of each stage of the research have been published and peer reviewed).
 The author has developed the matrix of family doctors’ competences to show the scope of competences they demonstrate. It is an ordered aggregation of competences classified according to the roles performed by family doctors in the healthcare system. It includes the indication of classified sources of formal requirements of those competences (in brief: sources of competences). One of the six roles presented in the matrix is a healthcare coordinator. Comparative text analyses have been performed to assess the relation between the range of family physicians’ and healthcare coordinators’ competences. 
 The results show that family physicians have a full set of competences, including managerial, to coordinate the care, which means that they are predisposed to play the role of healthcare coordinator. The author proposes a precise competence-based description of the role of family doctor as a healthcare coordinator. The author further suggests introducing a new function of healthcare coordinator’s assistant. 
 Since one of the sources of competences included in the matrix are WHO’s recommendations on competence clusters for coordinated care the results of this research may be found particularly interesting by international audiences. Especially when the shift towards integration of care is common for most of the healthcare systems and many of them are in preliminary stages of introducing the changes when comparing practice is of great value. 
 The research will be followed by qualitative study of family physicians’ experience in playing the role of healthcare coordinator. The aim of this study is to develop a framework for competence training for family physicians delivering coordinated care.

Forensic mental health assessments of juvenile misdemeanor cases involving demoralization (status offenses) and delinquency

PurposeThe role of evidence-based psychological knowledge in cases of juvenile offending is essential to make appropriate decisions relating to youth who violate legal or social norms, as it carries implications for treatment, intervention and practice. Psychological expert opinions therefore need to meet high formal and methodological requirements while maintaining ethical standards. The purpose of this study is to investigate psychological expert opinions in cases of juvenile misbehavior reported to regional courts in Poland. Juvenile court proceedings concern cases of demoralization and/or delinquent offenses. Demoralization is a legal concept described in the Act of June 9, 2022 on juvenile support and resocialization. This concept was not defined; it was only described through examples of behaviors indicating demoralization. These include the following: violations of the principles of community life; evading compulsory education or schooling; use of alcohol, narcotic drugs, psychotropic substances, their precursors, substitutes or new psychoactive substances; and prostitution.Design/methodology/approachTo reach these goals, court records of juvenile cases in six district courts (N = 253) were gathered and analyzed. A semistructured questionnaire was used to examine the cases in which psychologists were appointed and to analyze the procedures used by these experts for assessing adolescents and their families.FindingsFindings revealed that family judges appoint psychologists both in cases of “demoralization” (i.e. status offenses) and in cases of juvenile delinquency. The opinions were delivered by psychologists who were mostly members of diagnostic teams. Results indicate that such opinions generally comply with the minimal standards recommended by the Ministry of Justice, yet a few problems were observed with the determination of levels of demoralization.Originality/valueThe limitations of diagnostic tools used by psychologists are discussed, and recommendations for future practice are provided.

Corporate social responsibility in relation to the economic dimension of socio-economic policy

ObjectivesCorporate social responsibility is a concept that allows organizing economic life both at the level of the organization and at the level of the state taking into account the broader interests of the social environment of a contemporary enterprise and stimulating inclusive growth in the quality of economic relations. Entrepreneurs are aware that they are expected not only to generate profits, but also to fairly shape relations with the entire socio-economic environment. CSR can be defined as a concept through which companies voluntarily take into account social and environmental interests at the stage of strategy building, as well as relations with various stakeholder groups. Being responsible does not just mean meeting all formal and legal requirements, but in addition to increased investment in human resources, environmental protection and stakeholder relations.Material and methodsThe purpose of the article is to theoretically analyze the role and importance of corporate social responsibility in the process of creating an inclusive and integrative role for economics and business in the economy. The article shows that neo-liberal concepts focusing on profit maximization at all costs and the "invisible" hand of the market have significantly devalued.ResultsIt is therefore possible to identify specific benefits of implementing corporate social responsibility principles. In the area of economic benefits, social environment and environmental.ConclusionsSocial responsibility benefits not only the company itself and its direct beneficiaries, but also the economy and the environment. Responsible selling allows to build loyalty and trust of employees, and consequently supports sustainable economic development based on social participation and equitable distribution of national income.

Pendekatan Restorative Justice Terhadap Tindak Pidana Pencurian Oleh Pelaku Dibawah Umur

This research is intended to: (1) find out how restorative justice is implemented by investigators in handling criminal acts of theft committed by children (2) to find out what factors hinder the application of restorative justice in handling criminal acts of theft committed by children. This research uses a type of normative legal research, with a statutory approach and a case approach. The sources of legal materials used are primary legal materials and secondary legal materials. The results of the research show, first, the application of restorative justice to criminal acts of theft handled by investigators at the Gorontalo Police is carried out by carrying out mediation between the victim/victim's family and the perpetrator's child/family of the perpetrator. children, and must fulfill material requirements such as not causing unrest, not being a serious crime, and there being compensation to the victim by the child perpetrator, and must fulfill formal requirements. Second, the factors that hinder the application of restorative justice to criminal acts of theft committed by children handled by Gorontalo City Police investigators consist of the failure to fulfill the peace agreement between the parties (victim and perpetrator), and no compensation to the victim, making the legal process impossible. can be implemented with restorative justice.

Analysis of Luminance Contrast Values at Illuminated Pedestrian Crossings in Urban Conditions

Lighting pedestrian crossings play an important role in ensuring the safety of pedestrians on the road, especially at night or in conditions of reduced visibility. Currently functioning normative and formal requirements, which are the basis for the design of lighting for pedestrian crossings, are described by criteria of lighting intensity. Each of the existing solutions operates in an urban environment, and at the stage of design and operation, the obtained values of the produced luminance contrast of the pedestrian silhouette and its background are not known. The main purpose of the article is to compare, based on luminance parameters, the three lighting solutions used at pedestrian crossings. This article presents and describes the method of determining the luminance contrast based on luminance measurements of the pedestrian silhouette and its background. Detailed results of measurements of luminance parameters at selected pedestrian crossings are presented. An analysis of the results was made with a breakdown of typical lighting solutions used in urban conditions. The differences between standard lighting were discussed, as well as supplementary and dedicated lighting. The obtained ranges of luminance contrast levels occurring in urban conditions for individual solutions were determined. The energy indicator for each solution was determined.

Tinjauan Kewenangan Ombudsman Republik Indonesia Dalam Penyelesaian Laporan Masyarakat

In carrying out the task of completing community reports, the Ombudsman of the Republic of Indonesia is not only known for providing recommendations but also the Ombudsman of the Republic of Indonesia has the final product of completing the report, namely the Final Report of the Examination Results. Therefore, this study aims to: explain the legal review of the Final Report of the Examination Results as part of the series of examinations of community reports that have a relationship with providing recommendations if corrective actions in the Final Report of the Examination Results are not implemented by the Public Service Provider in the findings of mal-administration. The method used in this study is the normative juridical method. The results showed that the Final Report of the Examination Results is a whole series of processes for receiving and verifying reports with formal and material requirements which will then be followed up in the examination process, the product of the Ombudsman's supervision service is the Final Report of the Examination Results. So the Ombudsman of the Republic of Indonesia does not just provide recommendations, because of the position of the Ombudsman of the Republic of Indonesia as a state institution that exerts influence in a persuasive approach in handling community reports related to mal-administration. One of the main concerns of this study is that the Final Report on the Results of the Examination has not been included in the Ombudsman Law of the Republic of Indonesia so that hierarchically the power of the Ombudsman of the Republic of Indonesia is in the recommendations. However, the existence of the Final Report of the Examination Results as an effort by the Ombudsman of the Republic of Indonesia to encourage the improvement and improvement of public services at the encouragement of independent public service providers

Improving workplace safety through mindful organizing: participative safety self-efficacy as a mediational link between collective mindfulness and employees’ safety citizenship

Mindful organizing is a team-level capability that allows teams in high-risk environments to anticipate when something can potentially go wrong and adapt their operations just in time to protect the organizational system from negative consequences. This study aimed to extend our understanding of how mindful organizing affects employees’ propensity to engage in a broad range of safety citizenship behaviours through the mediation of participative safety self-efficacy. Participative safety self-efficacy is a psychological state that enables individuals to have confidence in their capability to engage in constructive behaviours that go beyond the formal requirements of their job description. A multilevel mediation model was tested using data collected from a large sample of chemical workers (N = 443) operating in fifty work teams. The findings showed that mindful organizing on a team level fosters both individual safety citizenship (helping; voice; initiative) and prescribed safety compliance through enhancing individual participative self-efficacy. This mediation relationship is significantly stronger for safety citizenship than for safety compliance.

Mach's principle and Mach's hypotheses

We argue that the fundamental assertion underlying Mach's critique of Newton's first law is that inertial motion is not motion in the absence of causes; rather, it is motion whose cause lies in some homogeneous aspect of the environment. We distinguish this formal requirement (Mach's principle) from two hypotheses which Mach considers concerning the origin of inertia: that the distant stars play (1) a merely “collateral” or (2) a “fundamental” role in the causal determination of inertial motion.In his later writings, Mach deliberately avoids referring to the concept of causation, and indeed, this has made the interpretation of Mach's principle a subject of widespread controversy. However, in his earlier writings, the substance of Mach's critique is less ambiguously expressed. Therefore, close attention is given to Mach's early writings and the evolution of his thought. Various accounts in the secondary literature on Mach's principle, in particular those of Norton and DiSalle, are assessed on this basis. We end with a defence of the Machian status and legitimacy of the early Einstein's research program.

Training in basic gastrointestinal endoscopic procedures: a European Society of Gastrointestinal Endoscopy (ESGE) and European Society of Gastroenterology and Endoscopy Nurses and Associates (ESGENA) Position Statement.

This ESGE Position Statement provides structured and evidence-based guidance on the essential requirements and processes involved in training in basic gastrointestinal (GI) endoscopic procedures. The document outlines definitions; competencies required, and means to their assessment and maintenance; the structure and requirements of training programs; patient safety and medicolegal issues. 1: ESGE and ESGENA define basic endoscopic procedures as those procedures that are commonly indicated, generally accessible, and expected to be mastered (technically and cognitively) by the end of any core training program in gastrointestinal endoscopy. 2: ESGE and ESGENA consider the following as basic endoscopic procedures: diagnostic upper and lower GI endoscopy, as well as a limited range of interventions such as: tissue acquisition via cold biopsy forceps, polypectomy for lesions ≤ 10 mm, hemostasis techniques, enteral feeding tube placement, foreign body retrieval, dilation of simple esophageal strictures, and India ink tattooing of lesion location. 3: ESGE and ESGENA recommend that training in GI endoscopy should be subject to stringent formal requirements that ensure all ESGE key performance indicators (KPIs) are met. 4: Training in basic endoscopic procedures is a complex process and includes the development and acquisition of cognitive, technical/motor, and integrative skills. Therefore, ESGE and ESGENA recommend the use of validated tools to track the development of skills and assess competence. 5: ESGE and ESGENA recommend incorporating a multimodal approach to evaluating competence in basic GI endoscopic procedures, including procedural thresholds and the measurement and documentation of established ESGE KPIs. 7: ESGE and ESGENA recommend the continuous monitoring of ESGE KPIs during GI endoscopy training to ensure the trainee's maintenance of competence. 9: ESGE and ESGENA recommend that GI endoscopy training units fulfil the ESGE KPIs for endoscopy units and, furthermore, be capable of providing the dedicated personnel, infrastructure, and sufficient case volume required for successful training within a structured training program. 10: ESGE and ESGENA recommend that trainers in basic GI endoscopic procedures should be endoscopists with formal educational training in the teaching of endoscopy, which allows them to successfully and safely teach trainees.

Tell it slant: Talking with Jane Yolen about poetry

Among her more than 400 books, Jane Yolen (b. 1939) has written or edited around 50 collections of poetry. In this new interview, Yolen discusses how her poetry developed throughout her writing life. We talk about her early desire in childhood to write poetry and about poets whose work she has admired. Yolen talks about her process in writing works such as the verse novel Finding Baba Yaga (2018) or the agonizing Radiation Sonnets (2003) and explains the difference between writing poetry for children and grown-ups, using her How Do Dinosaurs…? (2000–ongoing) series and Yuck, You Suck! Poems about Animals that Sip, Slurp, Suck (2022) as examples. She gives advice to teachers and suggestions to the poetically perplexed, as well as telling stories about encountering W. B. Yeats and reciting poetry to a wombat. Yolen’s poetic oeuvre is by turns whimsical and heart-wrenching, lyrical and conversational. She writes with a demotic lyricism that balances the formal requirements of prosody against the musicality of everyday speech. Her poetry begins from keen observation of everyday life and translates it into the mythic and the elemental, her words creating images that haunt the readers’ imaginations. What emerges is a glimpse of poetic truth—or, perhaps, the glimpse of the way to catch a glimpse.

An Appraisal of the Requirements for the Validity of a Customary Marriage in South Africa, Before and After the Recognition of Customary Marriages Act 120 of 1998

This article appraises the requirements for the validity of a customary marriage. It peruses two eras separated by a statute called the Recognition of Customary Marriages Act 120 of 1998 (RCMA). Prior to delving into what the requirements for validity before the RCMA were, the article differentiates between peremptory and directory provisions. These terms are usually applied in interpreting statutes. They also find application in determining the requirements of the validity of customary law. The era before the RCMA lists essential requirements for a valid customary marriage. The gist of these requirements is as follows: consent of the bride and bridegroom (spouses), consent of the bride’s father or guardian (parents), payment of lobolo, the handing over of the bride and the absence of a civil marriage by either spouse. If any of these requirements were not met, there was no valid customary union. The RCMA added more requirements which seem to address formal and customary law requirements. Both prospective spouses need to be 18 years or older, with certain exceptions, and must consent to getting married in terms of customary law. These requirements are peremptory. The customary law requirements relate to the negotiation and celebration of such a marriage. These requirements remain essential. Unlike formal requirements, these requirements allow indigenous African people a certain latitude. As a result, they are directory. This article further deliberates on certain issues regarding the requirements of customary marriages that became contentious. This includes the delivery of lobolo, the handing over of the bride, polygamous and dual marriages, and the registration of customary marriages. In conclusion, it is shown that customary law is a rapidly growing independent source of law. The requirements for validity must be comprehended with this flexibility in mind and should not unnecessarily be held as being static.

Gugatan Citizen Law Suit: Progresivitas Penyelesaian Sengketa Lingkungan Hidup dalam Praktik Hukum di Indonesia

The legal progressivity of environmental law looks at the development of the world and humans so that the law moves for the benefit of humans and ecological principles. The effectiveness of environmental law is inseparable from the performance of administrative and law enforcement officials related to citizen law suit. Some court decisions have rejected citizen law suits due to problems in setting the formal requirements of the lawsuit. The aim of this research is to determine the mechanism and progressivity of citizen law suit lawsuits as an effort to enforce environmental law in Indonesia. This research uses normative juridical research that focuses on statutory approach and conceptual approach. The search results are based on secondary data collection consisting of primary, secondary, and tertiary legal materials through literature studies. While the data analysis method uses a qualitative research method that emphasizes analysis or descriptive and is concluded using the deductive method. The results showed that the citizen law suit was aimed at the government with the argument of tort in Article 1365 of the Civil Code, the government was considered to have failed in carrying out its obligations to protect and manage the environment. Citizen law suit as a form of environmental law progressivity that refers to civil procedural law in Indonesia, the difference lies in the formal requirements based on KMA Number 36/KMA/SK/II/2013. Therefore, progressive law and law enforcement in Indonesia must be considered again for the realization of human welfare and natural balance, especially the regulation of citizen law suits.