National Law In Indonesia Research Articles

The Role of Customary Law in the Development of National Law in the Modern Era

Customary law plays an important role in the development of national law in Indonesia, especially in the modern era marked by globalization and modernization. Customary law serves as a reflection of the rich and diverse local cultural values, and plays a role in various aspects of community life, including the resolution of rescue, management of natural resources, and protection of the rights of indigenous peoples. In the era of decentralization and regional autonomy, customary law is increasingly recognized in local policies and becomes an important instrument in maintaining the unique legal identity of each region. Formal recognition of customary law is also reflected in various national regulations, such as the Law on Villages and the Basic Agrarian Law, which accommodate customary law in facing the challenges of modernization and globalization, customary law must adapt to the modern era

Challenges for Anti-Trafficking NGOs in Indonesia

NGOs play a crucial role in safeguarding human dignity, especially in developing countries like Indonesia, where they strategically work to address pressing human rights issues. However, NGOs encounter various challenges that impede their efforts. This research specifically focuses on the challenges faced by NGOs working in human trafficking and exploitation in Indonesia. The analysis is based on data obtained from interviews conducted with four NGOs and an independent worker specializing in the exploitation and trafficking of underage individuals. Moreover, this study delves into the socio-economic problems underlying human trafficking in Indonesia. Drawing inspiration from Marxist theories of labor and poverty, it posits that the issue of human trafficking in Indonesia is closely intertwined with socio-economic instability�particularly affecting the most impoverished segment of the population. The research identifies poverty as a key factor fueling exploitation and trafficking in Indonesia. Furthermore, the study reveals implementation challenges and a lack of alignment with international conventions, such as the Palermo Protocols, in enforcing Indonesia's national law against human trafficking (Law No. 21/2007). These issues are particularly apparent in cases involving underage victims. Keywords: exploitation, human trafficking, NGO, Indonesia

Aceh as a Model of Halal Trade in Financial Goods and Services Regulation based on Pancasila within the Framework of National Law in Indonesia

The province of Aceh holds a special autonomy status, which allows Aceh to possess the jurisdiction to enforce the Islamic law specifically in the realm of the civil law, particularly in matters related to commerce. In Aceh, trading in commodities and financial services must adhere to the principles of the Islamic law, ensuring that only halal goods are involved. Using the Content Analysis Techique, this study adopts a combined approach of the national law and the Islamic law. The data was gathered by literature and document analysis, including an examination of legal statutes, scholarly publications, and relevant books pertaining to the topic being discussed. This study asserts that the trading of halal commodities and financial services are fundamental aspects of the Islamic law, a concept that is unfamiliar in legal frameworks rooted in the Western civil law systems. Consuming food that is not halal and engaging in usury are both forbidden under the Islamic law. Within the framework of sharia, commerce is not just confined to individuals, but can also be subject to public scrutiny if they contravene fiqh, so rendering them impermissible. In order to achieve this legislative objective, the Aceh Province established a regulatory framework in the form of the Aceh Qanun, in line with the authority granted by Article 125 of Law Number 11 of 2006. This model has facilitated the emergence of a trade system that is devoid of any forbidden aspects, and financial services that are free from the practice of charging excessive interest, in accordance with Sharia principles. As a result, it differs from the conventional practices of trading goods and services that are prevalent within Indonesia. It is important to highlight that both Pancasila and National law ensure the freedom of citizens' rights to practice the Islamic law, including engaging in halal trade of commodities and financial services.

Protecting Indonesian Children in Adapting Climate Change Based on Business and Human Rights Principles

Based on research data, the climate change condition has increased globally. Indonesia is a part of this condition with over 100% increase in carbon emissions over the last 12 years. When it comes to the context of climate change, children have a different position as they become the most medically vulnerable group and are pivotal to Indonesia's future, demanding special attention. Previous research pointed out that one of the possible major contributors towards climate change and carbon emissions is companies in industrial and energy activities. With the availability of the child rights convention and national law, this article will answer the notion of whether the existing National Law in Indonesia is sufficient to prevent and protect the rights of Indonesian children in the future, along with an analysis of how business and human rights can push companies to comply and be held accountable in case of violation. The methodology that will be used in this research is the normative juridical method, creating a specific approach to laws and regulations based on data analysis. This article concludes that Indonesia will need to include more Climate change and Business and Human Rights aspects to handle the future implications of climate change impact. This article also concludes that to have a strong hard law system in Indonesia, an integration of International frameworks and Business and Human rights principles into the national law is essential.

Comparison Of Sanctions For The Crime Of Adultery In Toraja Customary Law And National Law In Indonesia

This research aims to analyze the comparison of sanctions for the crime of adultery in the context of Toraja customary law and national law in Indonesia. Adultery is a violation of social norms that has legal implications, but handling can differ between customary law and national law. The research method used is a descriptive-analytical approach by collecting data from primary and secondary sources. The research results show that in Toraja customary law, sanctions for the crime of adultery tend to be restorative in nature and involve customary deliberation to achieve reconciliation between the parties concerned. On the other hand, national law in Indonesia regulates sanctions for the crime of adultery through criminal law instruments with the potential for a prison sentence. This comparison provides an in-depth understanding of the differences in approaches between customary law and national law in dealing with the crime of adultery. The implications include the need for harmonization or synchronization between customary law and national law to ensure justice and sustainability of legal norms in society. This research can be the basis for improving legal regulations that are more inclusive and in line with local values and community needs.

Adoption of Children in the Perspective of National Law and its Relation to Religious Courts

The constellation of child adoption from the perspective of national law in Indonesia has received serious attention, but there is still a weak point, namely the absence of legal unity regarding child adoption. The adoption of children is one of the authorities of the Religious Court. The competence of religious courts is affirmed in Article 49 of Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. The procedures and requirements for submitting applications for child adoption have been regulated in detail and concretely in various child adoption regulations, including Government Regulation Number 54 of 2007 challenging the Implementation of Child Adoption. There should be legal unity, namely a law-level regulation governing the adoption of Indonesian children. The government should socialize the strengthening of the position and authority of religious courts in the adoption of children for Muslims. Socialization is needed so that the purpose of laws and regulations governing the norms of the adoption of children for Muslims is in accordance and in line with the objectives of applicable law. Muslims who wish to adopt children should be carried out in religious courts as absolute and representative authority for the practice of Islamic law.
 Keywords: adoption of children, national law, religious cou

Sharia Actualization: Realizing the Indonesian Islamic Jurisprudence

Sharia is intertwined with fiqh. In English terminology, Sharia is translated as “Islamic law based on the Quran.” In the context of reforming Islamic law in Indonesia, the method of talfiq is needed, selectively choosing opinions that align with the conditions in Indonesia. It is believed that the Islamic legal tradition, in terms of formation, reform, or legal development, is closer to the Anglo-Saxon legal system known as precedent law. This is because Muslims fully accept that all the dogma, principles, and Islamic sharia are already perfected in the Quran and the Sunnah of the Prophet. The question at hand is how these legal texts can be guaranteed to remain relevant and capable of meeting the needs of all times, places, cultural contexts, and social levels. This study delves deeper into the Sharia within the Contemporary Era, relating to the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The research is a literature study, focusing on the examination of figures and the object of study, which is Sharia in a modern context. This study employed a qualitative approach to analyze the Typology of Islamic Legal Reform Actualization and the Application of Islamic Law in Indonesia. The dynamics of Islamic law in Indonesia are expected to continue evolving and innovating so that in the future, Islamic law with universal value will not only pertain to the realm of fiqh muamalat (transactions) and akhwal sakhsiah (personal matters) but will also contribute positively to the development of national law in Indonesia in various aspects.

Maritime Security from the Perspective of International Regulation and Enforcement in Indonesia

Indonesia is a country that has its geographical location and abundant natural resources, earning it the title of an archipelagic and maritime nation. This has advantages for Indonesia as it can boost its economy, especially through exports. However, it also has negative consequences due to Indonesia's numerous maritime borders with other countries, affecting national maritime security. This position must be strongly addressed through strong security and defense mechanisms, where Indonesia's national law should not solely focus on land security but also maritime security. Moreover, there's a need for consistent regulations regarding authority in the maritime security sector. From this perspective, in terms of law enforcement for maritime security, it is important to establish a shared understanding of the legal system.

النظام أحكام الشريعة الإسلامية في إندونسيا

The dominant characteristics of Indonesian Islamic law are characterized by Arab personality (Arabic orientation) and are more attached to the tradition of the Shafi'i school of thought. Reforming a comprehensive and integrated national legal system by recognizing and respecting religious law and customary law and renewing discriminatory colonial and national heritage legislation, including unfair rights fulfillment and their incompatibility with demands for reform through legislation. Islamic law can be made the main source in the formation of national law in Indonesia. The application of formally juridical Islamic law has actually taken place in Indonesia, however, the applicable Islamic law is still partial, namely Islamic civil law "family law (ahwal al-syakhsiyyah)", particularly such as marriage, inheritance, endowments, and sharia banking. The application of Islamic law in Indonesia is not only in civil law but in all aspects of national law. The method used in this writing is library research (library research) where research emphasizes searching and studying written sources and other reading materials that are related to the theme of the discussion.

AN INTERNATIONAL TREATY ACCORDING TO THE CONVENTION OF VIENNA 1969 AND CORRELATION WITH INTERNATIONAL TRADING COOPERATION IN INDONESIA

The international cooperation is an important in interstate relation aspect. It is required an international agreement. The agreement in international law was established in Convention of Vienna 1969. The Convention 1969 is the regulation of internal law was agreed by the states including Indonesia. Even though have not ratifying yet the Convention of Vienna 1969, however, Indonesia persists oblige to the custom of international law. The national law of Indonesia is regulating how to implement the international agreement. It is described on Act No.24 of 2000 on International Agreement. Ironically, however, the regulation of international trading cooperation of the Act No.7 of 2014 contravene to the provision as was agreed by all the state, i.e. Convention of Vienna of 1969. One of article is No.85 the Act No.7 of 014. The national law of Indonesia has contravened the “pactasuntservanda”principle.Moreover, there is an inappropriate provision to the national law of Indonesia. There is must be a modification of international law in correlation of international trading.

Konteksasi Ushul Fiqh dalam Hukum Nasional Indonesia: Pelestarian Laut dan Pengembangan Industri Wisata Bahari

This study aims to explain the context of ushul fiqh in Indonesian national law for the development of the marine tourism industry. consists of two issues, namely enforcement of Indonesian national law in the development of the marine tourism industry, and harmonization between ushul fiqh and Indonesian national law in the development of the marine tourism industry. This study uses a qualitative descriptive approach and data analysis with law enforcement theory, positive law theory and the theory of “maqasid al-shariah” in Islamic law. This research was conducted at a water location in Bone Regency for six months. The results of this study indicate that enforcement of Indonesia's national law for the development of the marine tourism industry is an effective strategy from the government to maintain balance and security of marine ecosystems from degradation, the northwest conservation area becomes a marine tourism industry in order to be more innovative and productive in improving the economy of fishing communities, prevent damage to the sea area as an ecosystem. The harmonization of ushul fiqh in Indonesian national law is in harmony through the study of "maslahah" both of which emphasize and promote safety, peace, happiness and comfort in the lives of humans and other creatures, while also prioritizing justice, stability and avoiding damage to the sea area for the development of the marine tourism industry.

Handling and Enforcement of Illegal Fishing Laws in Indonesia Based on Law Number 45 of 2009 Concerning Amendments to Law Number 31 of 2004 Concerning Fisheries

Illegal fishing practices are national in nature which are still difficult to prevent in Indonesian waters and international glass and have not been able to be eradicated without international cooperation. A number of international agreements and cooperation in the field of international law of the sea and fisheries as well as international criminal have not been able to categorize illegal fishing as an international crime. This article discusses related regulations on illegal fishing according to Indonesian national law and examines the urgency of tackling illegal fishing as a crime that is still always discussed nationally and internationally. This article is a normative legal research with a statutory approach that traces relevant national legal instruments until they are analyzed by descriptive methods. The results of the study show that illegal fishing has been regulated firmly and well in Indonesian laws and regulations. Illegal fishing is a crime that has characteristics across national borders. In terms of the implementation of Indonesia's national law, until now there seems to be no coordination between the central government and local governments in establishing a mechanism related to prevention efforts.

Endemic plants of Java Island, Indonesia: a dataset.

Java is the most populous island in the world. This high population and the extensive economic activities have significantly reduced the forest areas of the Island and have greatly increased the pressure on its plant diversity. Compared to those with a wide distribution, endemic plants with a narrow geographic range are more vulnerable to anthropogenic threats and environmental changes. As species lists are essential for knowledge of species diversity in areas with strong anthropogenic pressure, here we present a dataset of endemic plants of Java Island. The initial species list was manually extracted from the Plant of the World Online (POWO). Each species on the list was then confirmed for its endemism by checking its current distribution using peer-reviewed publications, online plant databases and herbarium specimen images stored on the Global Biodiversity Information Facility (GBIF). The dataset contains 652 species in 279 genera and 85 families. The family with the highest number of endemic species is Orchidaceae (142 species), followed by Rubiaceae (57 species), Acanthaceae (40 species), Apocynaceae (35 species) and Lauraceae (29 species). The growth form of the species is mostly trees (22.6%), followed by herbs (19.2%), epiphytes (16%), shrubs (12.4%), vines (11%) and geophytes (9.4%). Most of the species (89.7%) have not yet been assessed for their conservation status according to the IUCN Red List Categories and Criteria. There are only 55 species (8.3%) that have been conserved within ex situ collections. Furthermore, most of the species (79.8%) are not listed on the CITES appendices and there are only four species (0.6%) protected by national law. Our contribution provides the first online list of accepted scientific names of Javan endemic plants species, together with all their synonyms. New to the dataset are: i) provision of local names of the species (if available), ii) the classification of species under eleven growth forms (tree, shrub, herb, annual, graminoid, geophyte, fern, vines, hydrophyte, parasite and epiphyte), iii) assignation of the extinction risk of species according to the IUCN Red List, iv) ex situ collection status of species and information on the protection status of the species according to (v) CITES and (vi) the national law of Indonesia.

The Waqf Legal Politics in Law Reform Perspective

This study aims to analyze the previous ijtihad fuqaha towards the designation of waqf land was aimed at the benefit of the people in accordance with the social conditions at that time. Likewise, the ijtihad of Indonesian scholars towards the development of waqf objects is for the benefit of mankind which is adapted to the needs and social settings at this time. Because basically the law is the articulation of human thought and activity in his life. Legislation is the main way of creating laws. Regulations is the main joint of the national legal system in Indonesia. The research method used by the author is normative juridical research. This scientific method approach is used to find the truth based on the theory of normative legal experts. In addition, legislation is a very effective instrument in law reform because of its binding and coercive legal force. Legal politics has a very important role in the formation of laws and regulations and Indonesian national law, considering that legal politics is used as a basic guide in the process of determining values, establishing and developing national law in Indonesia. Waqf as an institution derived from Islamic law plays an important role in the religious and social life of Muslims. In conclusion, the waqf legal regulations that are applied to Indonesian Muslims today can be found in book III of the Compilation of Islamic Law (KHI) and Act No. 41 of 2004 concerning Waqf.

Symbiosis of Mutualism in the Transformation of Islamic Law into National Law in Indonesia

The transformation of Islamic law into national law in Indonesia became a trend after the issuance of the Marriage Law and the Religious Courts Law. The transformation of Islamic law is not synonymous with Islamization. If Islamization can occur unilaterally by Islamic law, then this is not the case with transformation. Transformation needs to involve national law as a legal system that overshadows and legitimizes it. Thus there is a dialectical relationship, namely the relationship and interaction between Islamic law and national law in harmony or conflict followed by a settlement in the form of assimilation, accommodation/amalgamation or adaptation. This study finds that philosophically the transformation of Islamic law into national law is closely related to the intersection of the two, namely the transformation of enforcement and regulatory authorities, institutionalization of Islamic law, internal uniformity (unification), Islamization of national law, construction of state law based on non-state law, and legal instrumentalization in national development.Transformasi hukum Islam ke dalam hukum nasional di Indonesia menjadi kecenderungan setelah lahirnya UU Perkawinan dan UU Peradilan Agama. Transformasi hukum Islam tidak identik dengan islamisasi. Jika Islamisasi bisa terjadi secara sepihak hukum Islam, maka tidak demikian halnya dengan transformasi. Transformasi perlu melibatkan hukum nasional sebagai sistem hukum yang menaungi dan melegitimasinya. Dengan demikian terjadi hubungan dialektika, yaitu hubungan dan interaksi antara hukum Islam dan hukum nasional secara harmonis atau konflik yang diikuti penyelesaian dalam bentuk asimilasi, akomodasi/amalgamasi atau adaptasi. Kajian ini menemukan bahwa secara filosofis transformasi hukum Islam ke dalam hukum nasional erat kaitannya dengan persinggungan keduanya, yaitu transformasi penegakan dan otoritas pengatur, pelembagaan hukum Islam, penyeragaman secara internal (unifikasi), Islamisasi hukum nasional, konstruksi hukum negara berbasis hukum non negara, dan instrumentalisasi hukum dalam pembangunan nasional

Legal politics of fulfillment of sustainable fisheries resources after the enactment of the Omnibus Law 2020

The enactment of the Omnibus Law at the end of 2020 has a significant influence in the regulation of national law in Indonesia. This is no exception to the marine and fisheries sectors. In the same year, 14 state leaders who were members of The Ocean Panel, including Indonesia, agreed to encourage transformation towards sustainable ocean economic development. This step was made concrete with the launch of the document “Transformations for a Sustainable Ocean Economy: A Vision for Protection, Production and Prosperity”. This article aims to normatively analyze the politics of law in the enactment of the Omnibus Law, and its impact on the fulfillment of sustainable fisheries resources in Indonesia. The findings indicate a massive threat of exploitation in the marine and fisheries sector after the enactment of this Law. It is counterproductive to the government’s commitment to encouraging the transformation towards sustainable ocean economic development. The government must evaluate various norms in the Omnibus Law related to the marine and fisheries sectors which are then adjusted to the commitment to sustainable ocean economic development.

Institutionalization of Islamic Law in Indonesia

This article discusses the institutionalization of Islamic law into national law in Indonesia. The aim is to analyze the possibility of incorporating Islamic Law into the national legal system. This desire is logical, considering that Muslims in Indonesia occupies the majority position (85%) and the community requires appropriate regulations sourced from the teachings of their religion. Based on the results of the 1979/80 BPHN legal review seminar, there are at least 3 (three) main things that could be done, namely; (1) making Islamic law one of the ingredients in the preparation of national law, (2) reviewing and updating national legal products originating from colonial law that is not following the elements of Islamic law. (3) coordinating new regulations which contain Islamic legal norms. This study finds the fact that not all provisions of Islamic law can be incorporated into national law. Only provisions of a civil nature and which are truly correlated with public order (public interest) can be adopted. Apart from that, the law is not only a legal product but also a political product. In other words, the configuration of legal politics in Indonesia shows a very close relationship with the political realm. Therefore, it is necessary to have a strong synergy between Muslim intellectuals and political actors.Keywords: Islamic law, legal politics in Indonesia, political configuration.

Interpretations of Verses about Islamic Criminal Law and its Polemics in Indonesia’s Positive Law

This study was conducted to find out the interpretations of Islamic criminal law verses and to see the polemics which occurred in the applications of Islamic criminal law in Indonesia alongside the harmonization of its applications in Indonesia. This study used a normative-descriptive approach in a way that explained in detail the laws and the verses’ interpretations as well as the polemics of Islamic criminal law in the Indonesia’s positive law. In the context of the development and application of national law in Indonesia, Islamic law is one of the sources adopted. Islamic law itself regulates the vertical relationship with Allah and the relationship with humans. These two relationships have a role in the formation of national law in Indonesia. In terms of applications, Islamic law can contribute to the development of positive law with the following three alternatives: 1) Islamic law which is a continuation of legal politics in the colonial period, either through transitional rules of the 1945 Constitution’s article 2 or by means of being stipulated in the further new legislation, 2) positive Islamic law which is sourced from Islamic values, and 3) the theory of legal leveling. This theory is applied to make Islamic law a source of national law in the future.

Legal Protection for Indonesian Migrant Workers Who Commit Criminal Act Abroad Viewed from Legal Perspective in Indonesia

This study aimed to determine how the legal protection of Indonesian Migrant Workers if they were involved in criminal cases abroad where the migrant workers works. This research was a qualitative research with a normative juridical approach. The method used in this research was the literature review method. The data obtained were then analyzed descriptively. Based on the research results, it was stated that there were still many cases of persecution by Indonesian Migrant Workers in the countries where they work. This resulted in the migrant workers being caught in a legal case in that country because of the human instinct to protect himself. Based on International Law and also National Law in Indonesia, especially laws related to the protection of Indonesian Migrant Workers, migrant workers must be protected. In Law Number 18 year 2017 concerning Protection of Indonesian Migrant Workers, it has been stated that Indonesian Migrant Workers and their families get protection from before working in the form of administrative and technical protection, protection during work and protection after work.

Formation of Indonesia's National Law System


 The formation of Indonesia's national legal system cannot be separated from the politics of law, because it is used as a guide in the process of making and enforcing the law to achieve a dream and national goal. The formation of the legal system in Indonesia has not gone well, Indonesia should have its own law. By having its own law, Indonesia will have national identity and will be seen as advanced by other countries. The formation of the national legal system in Indonesia is heavily influenced by external elements. It should maintain all the material sources of law that already exist in Indonesia. The objective of this study is to describe the formation of the national legal system in the State of Indonesia. This study uses a normative approach by using secondary data from library materials. The results of this study indicate that the formation of a national legal system is a process of developing a legal system and along with its element. With the development of the national legal system, it must be able to replace the Dutch colonial legal products with its own legal products. The development of the national legal system is a way to make changes in Indonesian legal products that must be in accordance with the values that are in people's lives. In the process of legal development, it is impossible to be separated from a legal politics.