Legal Harmonization Research Articles

Hungarian Model of the Restructuring Process - National Report

As a result of the transposition obligation in Article 34 of Directive (EU) 2019/ 1023 of the European Parliament and of the Council on restructuring frameworks and insolvency, Act LXIV of 2021 (hereinafter - referred to as the Restructuring Act) on restructuring and the amendment of certain acts with the purpose of legal harmonisation was promulgated on 3 June 2021, effective as of of 1 July 2022 for any legal persons struggling with financial difficulties not yet insolvent. The creation of a restructuring model prescribed by the EU directive was implemented by the Hungarian legislator through the opening of a non-contentious court procedure ordered within the jurisdiction and exclusive competence of the Metropolitan Court of Budapest. The primary aim of this paper is to develop a complex and comprehensive picture of the restructuring procedure as placed within the system of insolvency and reorganisation procedures in Hungary. Firstly, the paper showcases the unified EU objectives set out by the directive within the system of European insolvency procedures. Secondly, it describes the Hungarian procedural rules and the most important related legal institutions adopted to implement these objectives. Section 6 of the Restructuring Act sets out that the aim of restructuring is to adopt and implement a restructuring plan with some or all of the creditors and thus prevent the debtor’s future insolvency and ensure the debtor’s financial viability. For the purpose of reaching this objective, therefore, restructuring constitutes measures aiming at restoring the financial balance of the debtor, including changing the composition, the conditions or the structure of the debtor’s assets and liabilities and any other part of the debtor’s capital structure. Among these measures, the Restructuring Act lists as example the sale of the debtor’s property or part thereof, or the sale of any participation in the debt. The condition for restructuring is the likelihood of the company’s insolvency. The definition of the likelihood of insolvent Directive (EU) on restructuring frameworks and insolvency, European insolvency procedures, insolvency and reorganisation procedures, restructuring plan, non-contentious court procedure bears a central significance here: it constitutes the entrance point into the restructuring procedure. In addition to the definition of insolvency, Section 2(2) of the Restructuring and Insolvency Directive renders the interpretation of the probability of insolvency into Member State jurisdiction. Among the Explanatory notes the Restructuring Act defines the likelihood of becoming insolvent as a situation in which there are reasonable grounds for believing that the debtor will be unable to meet his/her outstanding payment obligations when they fall due, unless further measures are taken. Keywords: Directive (EU) on restructuring frameworks and insolvency; European insolvency procedures; Insolvency and reorganisation procedures; Restructuring plan; non-contentious court procedure

The need for cybercrime regulation on a global scale by the international law and cyber convention

This study highlights the necessity of controlling the issue of Cybercrime with International Law Principles and treaties, the legal foundation of international cybercrime legislation. The paper pursued normative behavior relying on the legislation of the European Union and countries outside of Europe. The implications of Cybercrime in cyberattack events establish a legal foundation for preventing and punishing cyber criminals wherever they occur. The perceived threats arising from cyberattack activities are grounded in known cyberattack behaviors and literature, underscoring the imminent nature of these threats. The Convention on Cybercrime, inaugurated in Budapest, Hungary, in November 2001, is recognized as a pivotal international agreement addressing Cybercrime and electronic evidence. The negotiation process included the Council of Europe, United States, Japan, Canada, and South African participants. Significantly, nations across Africa, the Americas, and the Asia/Pacific are harnessing this agreement to implement robust strategies against cybercrime. Cybercrime is a new area of international law, namely, International Criminal Law. The international community handles it because no convention has identified Cybercrime globally. It is urgent to govern Cybercrime globally, and statistics imply that the need to regulate Cybercrime under international criminal law is critical. The paper adopts a method designed to deeply understand the global legal structures related to cybercrime. The study employs a comprehensive approach, merging normative legal research to meticulously examine and interpret key legal documents such as the Budapest Convention, with a comparative legal analysis both within the European Union and globally. This analysis scrutinizes various jurisdictions, identifying best practices and discrepancies to inform a holistic understanding of cybercrime regulation. Policy analysis is conducted to critically assess existing strategies and propose innovative solutions, while technological insights are integrated to ensure legal frameworks are attuned to the rapidly evolving landscape of cyber threats. Involving a broad spectrum of stakeholders, including legal scholars and cybersecurity experts, the research offers a diverse perspective. This multifaceted approach aims to balance thorough legal scrutiny with actionable solutions, promoting robust and flexible strategies for international cybercrime regulation. The results of this comprehensive study underscore the urgent need for a global, unified legal response to combat cybercrime effectively. It concludes that the Budapest Convention marks a significant turning point, offering a foundation for international cooperation and legal harmonization in tackling cybercrimes. However, the rapid technological advancements and the evolving sophistication of cyber threats demand that this convention and other international legal instruments adapt and expand accordingly. The study highlights the importance of harmonizing legal definitions and practices across different jurisdictions, both in common law and civil law countries, cybercrime address the borderless nature of cybercrime. The necessity for enhanced collaboration between public and private sectors in cybercrime investigations is emphasized, alongside the importance of establishing ethical data collection and sharing standards.

The Urgency of Stakeholder Cyberspace Collaboration to Support Indonesia’s National Defense

In today's interconnected digital world, stakeholder collaboration in cyberspace is crucial for national defense. Advances in information and communication technology have transformed daily life but also introduced complex cyber threats like cyber warfare, cybercrimes, and cyber terrorism, challenging security and stability. The objective of this study is to emphasize the importance of collaboration among diverse stakeholders in enhancing national defense against cyber threats. The methodology involves analyzing existing literature and case studies to understand the impact of collaboration on cybersecurity maturity and national defense strategies. The research findings, derived from SWOT and PESTLE analyses, have highlighted the strengths and weaknesses in collaboration, underscoring the significance of leveraging strengths and addressing weaknesses to establish a robust defense framework. To enhance national defense against cyber threats, a holistic approach is essential, combining political collaboration, economic partnerships, social awareness programs, technological advancements, legal harmonization, and environmental resilience strategies. Key recommendations include fostering regular communication among stakeholders, pooling resources for cybersecurity investments, promoting cybersecurity education, integrating advanced technologies like AI and IoT security solutions, and aligning legal frameworks across jurisdictions.

Kepastian Hukum Sema Nomor 2 Tahun 2023 Terhadap Pencatatan Perkawinan Antar-Agama Dalam Bingkai Kebhinnekaan Indonesia

Introduction: Religious diversity in Indonesia has led to the practice of interfaith marriages, resulting in legal uncertainty. On July 17, 2023, the Supreme Court issued Circular Letter No. 2 of 2023 (SEMA 2/2023) to provide guidance to judges on adjudicating requests for the registration of interfaith marriages.Purposes of the Research: This study aims to analyze the implementation of SEMA No. 2 of 2023 concerning the registration of interfaith marriages within the framework of Bhinneka Tunggal Ika in Indonesia.Methods of the Research: The legal research method used is normative/doctrinal, with a qualitative research approach that includes legislative analysis of relevant regulations and conceptual analysis using legal theories related to the study.Results of the Research: The study reveals that SEMA 2/2023 provides legal certainty consistent with Indonesia's religious diversity and the Bhinneka Tunggal Ika motto. However, some judges continue to approve requests for the registration of interfaith marriages even after the issuance of SEMA, as evidenced by Decision No. 423/Pdt.P/2023/PN Jkt.Utr dated August 8, 2023. Thus, SEMA 2/2023 is insufficient to address the legal uncertainty surrounding interfaith marriages in Indonesia, despite its alignment with the spirit of Bhinneka Tunggal Ika. Legal harmonization across various regulations is needed to achieve the desired legal certainty.

Issues in the Adoption of Land Administration Domain Model in a Developing Country

Land administration systems globally are transitioning to the Land Administration Domain Model (LADM) as a flexible, interoperable framework for standardizing procedures and strengthening land governance. However, developing countries face unique adoption challenges due to institutional deficiencies, outdated land laws, and lack of technical resources. This study empirically diagnoses barriers to LADM implementation in Anambra State, Nigeria through a mixed methods case study approach. A literature review and semi-structured questionnaires with 384 stakeholders were conducted to identify institutional, legal and technical issues. Quantitative data analysis was conducted using Kruskal-Wallis Test. Results indicate major institutional barriers include limited inter-agency coordination, inadequate funding and capacity constraints. Key legal issues are inconsistencies between statutory and customary land rights recognition. Foremost technical challenges are outdated paper records and lack of power and digitized infrastructure. The study offers empirically-grounded recommendations prioritizing legal harmonization, targeted capacity building, infrastructure upgrades and coordinated implementation. Findings advance theoretical understanding of LADM adoption in diverse contexts while informing land policy and targeted reforms. With strategic mitigation of barriers identified, Anambra can optimize capabilities applying flexible, rights-based international standards to strengthen land governance.

The Antinomy of Agrarian Reform Regulations After the Establishment of the Land Bank Authority

The establishment of the Land Bank through Government Regulation No. 64 of 2021 introduces a significant framework designed to secure land availability for public, social, national development, economic equality, land consolidation, and agrarian reform purposes. This regulation marks a new phase in agrarian reform, particularly with the introduction of Presidential Regulation 62 of 2023, which replaces earlier regulations (Nos. 88 of 2017 and 86 of 2018) to streamline and enhance the effectiveness of land reforms. Despite its mandate to allocate 30% of land for agrarian reform, the Land Bank faces challenges due to overlapping land acquisition sources, which often intersect with lands designated for agrarian reform. This research utilizes normative juridical methods to analyze these conflicts between the regulations governing the Land Bank and the enhanced framework provided by the Presidential Regulation on Acceleration of Agrarian Reform. The findings highlight a significant overlap between the targeted lands for agrarian reform and those acquired by the Land Bank. This overlap results in discrepancies in land rights among subjects of land redistribution, who are affected differently depending on whether lands are under the management rights of the Land Bank. The study suggests that legal harmonization efforts are necessary to address these conflicts, recommending the application of Lex superiori derogat legi inferiori, where higher legislation should override lower ones. Such harmonization is critical to resolve norm conflicts and ensure the equitable distribution of land rights, thereby facilitating the objectives of agrarian reform. KEYWORDS : Antinomy, Agrarian Reform, Land Bank

Harmonization of State, Custom, and Islamic Law in Aceh: Perspective of Legal Pluralism

Indonesia recognizes several legal systems i.e., state law, customary law, Islamic law, and international law. Islamic sharia in Aceh is part of legal pluralism in Indonesia. This study aims to discuss the application of Islamic sharia from the perspective of legal pluralism. This normative legal study employed a legal pluralism theory analysis. Legal pluralism is a theory that views law not only as positive or written law made by the state but also as a recognition of the legal reality that exists in a pluralistic society. The study collected data by means of a literature review. Findings revealed that Islamic sharia in Aceh as part of the recognition of the concept of legal pluralism has been implemented well in the context of state law, custom, and Islamic law. The state has provided juridical legitimacy through laws in the context of legal substance and judicial institutions or sharia courts. Likewise, revitalization has also occurred in traditional institutions in terms of customary law and customary justice. The argument emphasized in this study is that Islamic sharia in the context of legal pluralism has succeeded in manifesting legal harmonization between the state, custom, and Islamic law

Perlindungan Hukum Anak Korban Perkosaan Inses dalam Sistem Peradilan Pidana

This article discusses the legal issue of protecting the rights of children who are victims of incest rape after abortion in the law enforcement process. The crimes that occur should be resolved by the criminal justice system. In fact, child victims of incest rape have not received protection at every stage of the examination, from the investigation, prosecution to court decision. The importance of protecting child victims can be seen as a form of protection by the state in the form of administering justice. Apart from the completeness of statutory regulations regarding the protection of child victims, (the Witness and Victim Protection Agency), law enforcement officials, related government agencies and other relevant parties, the function of the judiciary plays an important role. This article aims first, to analyze the regulations regarding forms of protection for victims of incest rape in the criminal justice system. Second, it aims to analyze the enforcement of legal protection for child victims of incest rape in the judicial system. The method used in this article is a normative juridical research type using a statutory approach, conceptual approach and case approach. Analysis of legal materials, namely legal materials and literature that have been collected through systematic methods and then analyzed by inventorying, systematizing and interpreting all legal regulations and concepts according to the problems discussed. Substantially, from a regulatory perspective, a lot has been regulated regarding legal protection for child victims of incest, but in law enforcement it has not been able to provide protection, because the regulations for victim protection are still partially regulated. Studies of court decisions have not been able to accommodate the values of legal efficacy and the value of legal justice in providing legal protection to child victims of incest rape, especially in the criminal justice system. This study is important to carry out so that in the future there will be legal harmonization regarding legal protection for child victims of incest in the future.

Complexity of Legal Harmonisation in Southeast Asia: A Diversity of Legal Systems & Languages

The eleven countries of the Southeast are quite diverse in terms of culture, religion, language and legal system. All members except Thailand were colonies of European powers who introduced their legal systems. Even Thailand, which was never colonised, was influenced by the laws of the European powers. This European influence has resulted in a range of political and legal systems. Although English is the working language of ASEAN, it is the national language of none. Cambodia, Lao PDR, Myanmar, and Thailand use a non-Latin script, and Vietnam uses Latin-based orthography to complicate matters further. The diversity of national and official languages is a crucial element impacting the ability of ASEAN member states to harmonise their laws, so there is a common approach to prosecuting international criminal activity. Such an approach is critical as the ASEAN Economic Community moves to greater integration. The article briefly describes the importance of language in understanding legal concepts. Then, it describes the variety of legal systems in place across Southeast Asia, which, other than the case of Thailand, are vestiges of their colonial past. The article discusses three possible models for harmonisation/ cooperation: a set of model laws, accession to an international treaty, or an agreement to cooperate. In the case of Brunei Darussalam, Malaysia, the Philippines and Singapore, where legal systems use English, all three models could be used. For the other seven countries, because of their language diversity, it is argued that the set of model laws is inappropriate. The preferred option is a treaty or convention that sets out the scope and minimum requirements to be included in the local law and the obligations to cooperate. The Convention on Cybercrime (Budapest Convention) is a possible model. Keywords: Southeast Asia, Cybercrime Convention, Law harmonisation, Legal translation, Model law

Legal Approaches and Regulatory Methods for Fintech in the Guangdong – Hong Kong – Macao Greater Bay Area

Objective: To look at the fintech regulatory policy and regulatory system in the Greater Bay Area through the lens of the Trilemma of Innovation doctrine in order to identify the applicability and extrapolation of existing legal models in the zone of accelerated economic and innovation development in Guangdong, Hong Kong and Macau.Methods: The article is based on the comparative legal research of the regulation regarding models, existing within the regulatory framework for fintech. For that matter we conduct a generalization, introducing the classification of methods and systems that, in our opinion, can be recognized as the Lego-like systems of instruments.Results: The research evaluates difficulties that may be faced by the participants within GBA on the way of legal harmonization regarding fintech. Special attention is paid to Hong Kong SAR, being one of the bestknown examples of successful fintech regulation, and to comparing fintech regulation in Mainland China and in SAR (Macau, in particular). The author states that the last amendments to the financial law of Macau SAR also add an element of uncertainty, even though they aim to develop the situation within the framework. The author compares a technocratic approach, according to which fintech regulation is completely national (created only for the domestic market and reflects its structure) and traditional approach to regulation, a part of which is the Trilemma of Innovation. The latter implies the possibility of over-national (international) standardization, including in the form of soft law, which may eliminate the difference in understanding the fintech characteristics, its concepts and scope. Besides, the author analyses the correlation between the concepts of financial regulatory system and financial system of fintech regulation, extrapolation of the existing regulatory framework to the developing market of innovative technological solutions and their various models. The author highlights the regulatory response method, changing during the fintech market evolution, and applied, as a rule, together with other approaches.Scientific novelty: the article presents a comprehensive review of the different systems of fintech legal regulation in the Guangdong – Hong Kong – Macau Greater Bay Area, whose unique experience demonstrates various trajectories of the fintech market development in southern China within the “One Country – Two Systems” concept.Practical significance: the main conclusions and proposals resulting from the study are of significant interest for further research, regulatory policy and fintech regulatory system, as Mainland China and the special administrative regions of the Greater Bay Area use different approaches and methods of legal response that have no analogues in the modern world.

Анализ правового регулирования использования ВИЭ в энергетическом законодательстве новых участников межгосударственного объединения БРИКС

The energy industry (including the use of renewable energy sources (RES)) is one of the most promising and investment-worthy areas at both national and global levels. For the member states of the BRICS intergovernmental association, this economy sector is also a platform for cooperation and interaction. On January 1, 2024, six new countries joined the association as full members: Saudi Arabia, the UAE, Iran, Ethiopia, Egypt, and Argentina. This article analyzes the national legal regulation of the use of renewable energy sources in these states. It should be noted that all members of the association have major differences in their technical and economic development, as well as in their statutory regulation of the energy sector in general and renewable energy sources in particular. However, these circumstances only substantiate the need to study the legal regulation experience of the BRICS member states. It should be said that the use of RES in the selected states is subject to government regulation, the parties to public relations associated with RES use, the legal status of RES-based electricity markets and power facilities have been defined, legal requirements for foreign investment in RES projects, etc. have been established. Thus, the analysis conducted focuses on promising legal measures that can be implemented in the national laws in order to improve and update it, as well as contribute to the international legal harmonization efforts.

Анализ правового регулирования использования ВИЭ в энергетическом законодательстве новых участников межгосударственного объединения БРИКС

The energy industry (including the use of renewable energy sources (RES)) is one of the most promising and investment-worthy areas at both national and global levels. For the member states of the BRICS intergovernmental association, this economy sector is also a platform for cooperation and interaction. On January 1, 2024, six new countries joined the association as full members: Saudi Arabia, the UAE, Iran, Ethiopia, Egypt, and Argentina. This article analyzes the national legal regulation of the use of renewable energy sources in these states. It should be noted that all members of the association have major differences in their technical and economic development, as well as in their statutory regulation of the energy sector in general and renewable energy sources in particular. However, these circumstances only substantiate the need to study the legal regulation experience of the BRICS member states. It should be said that the use of RES in the selected states is subject to government regulation, the parties to public relations associated with RES use, the legal status of RES-based electricity markets and power facilities have been defined, legal requirements for foreign investment in RES projects, etc. have been established. Thus, the analysis conducted focuses on promising legal measures that can be implemented in the national laws in order to improve and update it, as well as contribute to the international legal harmonization efforts.

KAJIAN FILSAFAT HUKUM TERHADAP HAKEKAT RASA KEADILAN MASYARAKAT ADAT BALI DALAM SISTEM HUKUM NASIONAL

Legal philosophy according to Hans Kelsen is study of law as system of norms that regulate human behavior in society that is abstract and generally applicable. Legal philosophy is also a scientific discipline that seeks knowledge about true and fair law, which in this research aims to conduct a legal philosophy study essence of Balinese justice indigenous people in the national legal system. The problem lies in the disharmony between justice according to national law and customary law, this studies are needed that can create legal harmonization between Balinese Customary Law and National Law or Balinese Customary Law and Customary Law in other regions. The creation of legal harmonization is sought to achieve a sense of justice for each indigenous community. This certainly requires further research that existing norms can keep up with developments in modern society. Apart from that, it is necessary to study what are the parameters of the Balinese Customary Law community it can be used as a definite or proportional measure in order to provide Legal Certainty if Customary Law is to become part of National Law.

Hukum Ekonomi dan Pembangunan Berkelanjutan: Studi Kasus di Negara-Negara ASEAN

Economic law and sustainable development are two interrelated concepts that influence public policies in ASEAN countries. This research aims to analyze the relationship between economic law and sustainable development in ASEAN countries, as well as the challenges and opportunities faced by these countries in implementing the principles of sustainable economic law. The research method used is a normative juridical approach, namely by examining laws and regulations, official documents, and related literature relating to economic law and sustainable development in ASEAN countries. The results show that there are variations in the level of engagement and commitment of ASEAN countries in realizing economic law and sustainable development, depending on factors such as social, political, economic, and environmental conditions in each country. The research also identifies several important issues that need to be addressed by ASEAN countries, such as the need for legal harmonization, enhanced regional cooperation, protection of human rights, community empowerment, and effective law enforcement. This research provides recommendations to improve the quality and effectiveness of economic law and sustainable development in ASEAN countries, and its implications for social welfare and justice in the region.

Međunarodni institut za unifikaciju privatnog prava i ugovorno pravo reosiguranja

Within the International Institute for the Unification of Private Law (UNIDROIT), the idea of working on an instrument of reinsurance contract law existed since the 30’s in the twentieth century. However, the final realization of this project happened only in 2019 with the publication of the Principles of Reinsurance Contract Law and in cooperation with the so-called PRICL Project Group. This harmonization endeavor is special in many ways, considering that in addition to the application of a specific bottom-up method of law creation, there was also an innovative approach in the use of a successful soft law regulation - the UNIDROIT Principles for International Commercial Contracts as lex generalis in relation to the new adopted regulation for the field of reinsurance. The author analyzes the relationship between the two mentioned acts in general, but also regarding the crisis caused by the COVID-19 virus pandemic. The paper also analyzes the contribution of the Principles of Reinsurance Contract Law to legal certainty and the characteristic role that the International Institute for the Unification of Private Law plays in the process of legal harmonization, and more specifically in the process of reinsurance contract law harmonization.

Legal Harmonization: Adultery in the Indonesian Criminal Code and Aceh Qanun No. 6/2014 on Jinayat Law

This paper discusses the complexity of the application of adultery laws in Indonesia, particularly in a comparison between the Criminal Code and the Aceh Qanun. The transformation of adultery regulations reflects the evolution of society's views and responses to social change. This research aims to understand the essence and implications of this regulatory transformation. In the context of legal harmonization, this research reveals the challenges and opportunities of harmonizing universal values with local and religious values, especially in the aspect of Islamic law in Aceh. The research conclusion provides a nuanced view of the dynamics of legal harmonization in Indonesia, emphasizing the need to create harmony in the legal system.

Hak Menguasai Tanah oleh Negara dalam Penggunaan Tanah untuk Investasi

Along with the enactment of Law Number 11 of 2020 concerning Job Creation which regulates land acquisition for investment, there are several conflicts about that. These investment provisions prevent investors to invest their capital in Indonesia. One way to fulfill investors' wishes is to carry out legal transplantation and harmonization. The problems are related to land control by the state for investment and the existence of investment laws and Job Creation laws which has problems with current legal provisions, as well as how to utilize transplantation in harmonization of laws and regulations governing investment. This article aims to find a solution to accelerate regulation through transplantation and harmonization of law in the land sector. This research uses normative juridical methods. The results found were that the investment regulations in the land sector, and the regulations in the job creation law, still overlap so that it becomes an obstacle for investors. Therefore, the acceleration of regulations to fulfill investors' desires is carried out through transplantation and legal harmonization.

Juridical Review of Actio Pauliana Against Bankrupt Boedal Becoming The Object Of Liability

The Bankruptcy and Postponement of Debt Payment Obligations Act of 2004 regulates the bankruptcy process, which involves the conversion of a debtor's personal assets into bankrupt assets. The court appoints a curator and a supervising judge to oversee all of the insolvent estate's assets. The curator may come across legal measures initiated by the debtor against the bankrupt assets during this procedure that might be harmful to creditors. Paulina's action is what the curator can do in these circumstances to ask the court to dismiss these legal actions. The purpose of this study is to comprehend how Paulina's intervention supports the rights of creditors, particularly with regard to mortgage rights.The study used normative legal research and conducted descriptive and qualitative analyses of both primary and secondary data. The findings revealed that Paulina's action can be used to protect the mortgage rights of creditors, provided that certain dejure elements are met. The study highlights the importance of consistency and synchronization of decisions based on the principles and norms of bankruptcy law to achieve legal harmonization.In conclusion, Paulina's action plays a critical role in safeguarding the interests of creditors in bankruptcy cases, particularly regarding mortgage rights. It empowers the curator to cancel legal actions that could harm the creditors and promotes legal harmonization. This study underscores the need for consistent and coherent application of bankruptcy laws to ensure the equitable treatment of all parties involved. Keywords : Actio Paulina, Legal Action, Bankruptcy Law

Legitimacy of the Notary Inspection Board within the Indonesian Legal Framework

This study examines the position and legitimacy of the establishment of a Notary Inspection Board within the Indonesian legal framework, with a particular focus on the Law on Notary Position (UUJN) and Ministerial Regulation of Law and Human Rights (Permenkumham) Number 15 of 2020. The research employs a normative legal method to scrutinize norms within the UUJN and Permenkumham 15/2020, prompted by perceived normative disharmony between these regulations regarding oversight and sanctioning of notaries. Contrary to prior research that suggested a normative disharmony, this study finds that the Inspection Board acts on behalf of the Notary Oversight Board, as its members are part of the latter, with duties delegated by the Chairperson of the Notary Oversight Board. Thus, Permenkumham 15/2020 does not contradict the UUJN. Nevertheless, for greater clarity, the study recommends revisions to Permenkumham 15/2020, emphasizing the basis of authority and formation of the Inspection Board.Highlights:
 
 No legal disharmony between Ministerial Regulation 15/2020 and the Law on Notary Position.
 Notary Examination Board is part of the Notary Supervisory Board.
 Amendments to Regulation 15/2020 are suggested for clearer authority and establishment process.
 
 Keywords: Notary Examination Board, Notary Supervisory Board, Ministerial Regulation 15/2020, Law on Notary Position, legal harmonization.
 
 
 
 

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.