Indonesian Legal System Research Articles

Recognition of Lempa Dua Principle as Traditional Rights of Indigenous People Tau Taa Wana

Tau Taa Wana Indigenous Law Society is an integral part of the nation that has traditional or indigenous rights that must be respected and protected. The existence of the value of customary law as a sub-national legal system is recognized constitutionally in Article 18B Paragraph (2) of the 1945 Constitution of The Republic of Indonesia. The state recognizes, respects, and guarantees the enactment of customary law and its traditional rights as an integral part of the national legal system in Indonesia. This research aims to analyze and explain the legal recognition of the constitutional rights of Tau Taa Wana in the essential legal value of lempa dua as part of the Indonesian legal system for law enforcement eforts. This research used the normative-empirical method withlibrary research and the study of law as a reality (behavior) is done through research on how people follow the lempa dua principle as the living law. It shows that legal recognition of the rights of Tau Taa Wana guaranteed by the Constitution, as long it still exists as a subsystemofIndonesian law as well asa cultural identity and the rights of traditional peoples which is a human right that must be respected. As a subsystem of law, the principle of lempa dua also has a strict ordinance and division of duties between the three elements of kinship in resolving conflicts that occur between relatives tied in the principle of lempa dua. Also, juridicallydetermined that judges and Constitution Court judges as law enforcement are obliged to always keep up with the development of the values of law and justice ofsociety in prosecuting and deciding the case against the court.

Exploring the Role of Notaries in Common Law and Civil Law Legal Systems: A Comparative Analysis of Authentic Deed Making

The role of notaries in Civil Law and Common Law legal systems, with a focus on Indonesia and Malaysia as examples of each. The Civil Law legal system in Indonesia regulates notaries as public officials responsible for making authentic deeds with strong evidentiary power in the eyes of the law. This study uses a normative research approach to explore the legal regulations governing notaries in both legal systems, by analyzing the UUJN in Indonesia and the Notaries Public Act 1959 in Malaysia. The main findings show that notaries in Civil Law have broader authority in making authentic deeds compared to Notary Public in Common Law, which focuses more on document verification and attestation. This difference reflects the characteristics of each legal system in regulating the role of notaries in maintaining legal certainty in society. Further research on these differences and similarities can provide valuable insights for legal development in both systems, as well as help formulate more effective strategies in meeting the increasingly complex and connected global legal needs.

Tragedi Pelanggaran HAM di Masa Orde Baru: Pencarian Keadilan dan Keterbukaan

The purpose of this article is to explore the impact of human rights violations during the New Order period in Indonesia on the process of seeking justice. Through a qualitative research approach in the form of literature studies and content analysis, it is used to identify patterns of practices that inhibit openness in the Indonesian legal system. The results of the study highlight the importance of comprehensive legal reform to remedy this dark past, as well as to create a fairer and more transparent legal system for all citizens. The implication of this study is the need for concrete actions to strengthen independent and transparent law enforcement agencies and ensure that past human rights violations are prosecuted fairly. Thus, this article emphasizes the urgency to achieve greater justice in the Indonesian legal system.

The Influence of Theorie Von Stufenbau Der Rechtsordnung in the Indonesian Legal System

The aim of this research is to analyze the influence of Hans Kelsen's Theorie Von Stufenufbau Der Rechtsordnung on the Indonesian legal system. The research method employed is legal research with a statutory and conceptual approach. Primary and secondary legal materials are analyzed using normative analysis. The findings reveal that Theorie Von Stufenufbau Der Rechtsordnung significantly impacts the Indonesian legal system. There are at least two main influences identified. First, the system of laws and regulations in Indonesia has been structured hierarchically since the enactment of the Temporary People's Consultative Assembly Decree No. XX/1966 up to the present day. However, this hierarchy is not absolute, especially concerning the positions of Perppu and People's Consultative Assembly Decrees. Second, there is a recognized mechanism for reviewing legal norms to ensure their validity, whether through judicial review, political review, or executive review. The hierarchical structure of Indonesia's legal system reflects Kelsen's theory, which posits that law consists of interrelated levels of norms. Each level derives its authority from the norm above it, with the basic norm at the apex, serving as the source of legitimacy for the entire legal system. In the Indonesian context, this basic norm can be identified as the UUD NRI 1945, which underpins all subordinate legislation. The review mechanism for legal norms also illustrates the influence of Kelsen's theory. Judicial review, conducted by the Constitutional Court, assesses whether a law aligns with the Constitution. Political review is undertaken by legislative bodies such as the DPR, which can evaluate and amend legislation. Executive review is carried out by executive bodies, such as the President or ministers, who have the authority to adjust or repeal regulations deemed inappropriate.

Religious and Cultural Diversity in Inheritance Law: A Discussion on the Impact of Judicial Will Considerations on the National Legal System in Indonesia

Religious and Cultural Diversity in Inheritance Law: A Discussion on the Impact of Judicial Will Considerations on the National Legal System in Indonesia

Pengaturan Tata Hukum di Indonesia Kalau di Tinjau dari Kondisi Kekinian

An important part of Indonesian constitutional law is the development of state law. This article discusses the development of the legal system, especially the constitution, laws, statutory regulations, statutory regulations and regional regulations. In this case, it is important to examine how public institutions such as the government, DPR, and judiciary are involved in making, implementing, and enforcing laws. Teksini uses legal methods and library research strategies in his research, namely legal research which focuses on legal principles, including agreements, statutes, principles, norms and rules. The constitution is a list of articles governing the general organization of the state, functions, business and administration of public institutions, the territory of the state, the situation of local communities and human rights. We can not only understand what the Constitution is, but also what it teaches. One thing we can learn from constitutions is that diifferent ideas and methods are used from one country to another in implementing the constitution. Understanding changes in laws and regulations can help identify trends, issues, and reforms that can strengthen Indonesia's legal system. Apart from that, the constitution has many functions. One of its goals is to increase our citizens' interest in the Constitution by encouraging them to read the Constitution. The main goal is to increase public awareness of the Constitution.

Peran Mahasiswa Dalam Menegakkan Hukum di Indonesia

The role of students in enforcing the law in Indonesia has become an increasingly important topic in recent years. This article aims to explore the contribution of students in encouraging compliance with the law, as well as to analyze the impact of their role on the legal system in Indonesia. This research uses a qualitative approach by conducting in-depth interviews and document analysis to gain an in-depth understanding of the role of students in enforcing the law. This study examines the impact of student activism, legal education, and community involvement in shaping the legal landscape in Indonesia. By analyzing the contributions and challenges faced by students in law enforcement, this article highlights the important role of students in advancing the rule of law and ensuring justice in Indonesian society. It is hoped that the results of this research will provide valuable insight for related parties in understanding the contribution of students in strengthening law enforcement in Indonesia.

The Existence of Marriage Post The Constitutional Court Decision: As A Right or A Prerequisite?

The practice of marriage is always closely related to the arrangements in religious law and state law. This research aims to answer two legal issues, namely the existence of marriage after the Constitutional Court Decision No. 24/PUU-XX/2022 and the implications of the Constitutional Court Decision No. 24/PUU-XX/2022 in the aspects of Islamic law and national law. This research is a normative legal research with case, conceptual, and legislative approaches. The findings of this research confirm that the existence of marriage after the Constitutional Court Decision No. 24/PUU-XX/2022 is not only seen as a human right as a freedom for everyone to enter into marriage. But it must be based on the values of religious law as a representation of the legality of marriage by the state. The orientation of the Constitutional Court Decision is important because KHI and the Marriage Law have the same perspective in viewing marriage as a prerequisite and not as a right. The practical contribution of this research is related to ideal legal policy, namely the need for affirmation and formulation in Indonesian legislation that marriages that do not aim to form families and are oriented towards continuing offspring are invalid in accordance with the aspects of maslahat mursalah and the Indonesian legal system.

Indonesian Agrarian Reform in Legal Perspective: A Critical Analysis of Presidential Regulation NO. 86/2018

Objective: The objective of this study is to investigate the development of Indonesian law in the digital era, focusing on the impact of technology on the legal and judicial system, law enforcement challenges, and personal data protection.. Theoretical Framework: This research is grounded in theories of legal modernization and cyberlaw. The study examines how technological advancements influence legal structures and practices, providing a solid basis for understanding the evolution of Indonesia's legal system in the digital age. Method: The methodology adopted for this research comprises a qualitative, descriptive-analytical approach. Data collection was conducted through literature reviews of journals, books, legal regulations, and reports from related institutions. Results and Discussion: The results revealed significant changes due to technology, including the digitization of legal documents, the establishment of e-courts, and the development of cyberlaw, which have increased efficiency and accessibility. However, challenges such as the classification of cyber offenses and inadequate regulations to keep pace with technological advancements were identified. The discussion contextualizes these findings within the theoretical framework, highlighting the implications and relationships identified, and considers potential discrepancies and limitations of the study. Research Implications: The practical and theoretical implications of this research include insights into improving legal processes and law enforcement in the digital era. These implications could impact regulatory frameworks and law enforcement practices in Indonesia.. Originality/Value: This study contributes to the literature by highlighting the transformative impact of technology on the Indonesian legal system. The originality of the research is evidenced by its focus on contemporary legal challenges and regulatory gaps in the digital era, offering valuable insights for policymakers and legal practitioners.

Urgency of Establishing Qanun on the Functional Duties of the High Prosecutor's Office in Aceh Province

The success and sustainability of the implementation of Islamic Shari'a in Aceh is not only the burden of local law enforcement agencies such as Wilayatul Hisbah, the Syar'iyah Court and the Islamic Shari'a Office, law enforcement agencies on a national scale are also involved such as the Indonesian National Police through the Aceh Regional Police and the Attorney General's Office in Aceh Province in charge of transferring Jinayat (Islamic criminal law) cases to the Syar'iyah Court. However, this task of the prosecutor's office is considered by the researcher to need improvement because the role of the prosecutor's office is responsible for the delegation of cases to 2 (two) different courts. Of course, this improvement is needed through Qanun which has legitimacy as a regional regulation in the Indonesian legal system. Based on this description, this research is a typology of normative (legal) research. The results and discussion in this study conclude: First, the area of Islamic shari'a law enforcement has a synchronization between Law Number 1 of 2021 concerning the Prosecutor's Office of the Republic of Indonesia with the Aceh Qanun in the enforcement of Islamic shari'a in Aceh. The presence of Islamic law enforcement agencies in Aceh does not mean that the task of enforcing Islamic law is only government agencies. Second, the Urgency of the establishment of Qanun Aceh Prosecutor's Functional Duty is a social condition that requires improvement in the enforcement of Islamic shari'a in Aceh

Penyelesaian Kumulasi Perkara Isbat Nikah dan Cerai Talak dalam Putusan Nomor 0307/Pdt.G/2018/PA.Sby

In the practice of proceedings in the Religious Courts, judges generally immediately apply Article 7 Paragraphs (2) and (3) of the Compilation of Islamic Law (KHI) without testing the strength of its enforceability before the law. Thus, even though these provisions are difficult to understand, the majority of Religious Court judges, with their interpretation, understand the provisions in Paragraph (3) letter a, as if it is mandatory to accept the application for itsbat marriage if it is submitted in combination with the application for talak divorce, even though the marriage was carried out after its entry into force. Law no. 1 of 1974. The consideration of the marriage isbat law itself is still a matter of polemic. Bearing in mind that the position of KHI which is the basic reference for legal considerations by judges is not included in the statutory hierarchy. This happened in the divorce divorce case Decision Number 0307/Pdt.G/2018/PA.Sbg. Several issues can be raised that become a polemic regarding the marriage isbat law, namely how the essence of the marriage isbat law is related to the essence of the marriage isbat law in the marriage legal system in Indonesia. Then what is the legal position of marriage isbat in the Religious Courts which was implemented after Law Number 1 of 1974. The provisions for marriage isbat in Indonesia only came into existence after the birth of Law Number 1 of 1974 concerning Marriage. In addition, the law has given legitimacy to judges to further explore the values ??and sense of justice in society.

Dynamics of Indonesian Islamic Law: Its Role and Impact on the Political and Legal System in Indonesia

<p><span>Indonesia, as the country with the largest Muslim majority in the world, has a rich and diverse Islamic legal tradition that continues to evolve over time. This research analyzes the dynamics of the role of Islamic law in Indonesia and its impact on the country's political and legal system. This research uses a normative legal approach by examining in depth the relevant legal content, identifying patterns of change, challenges and opportunities in the implementation of Islamic law in the political and legal context in Indonesia. The research results show that the role of Islamic law in the political and legal system in Indonesia is truly significant. Islamic law not only provides a moral and ethical basis for the formation of inclusive and just political policies, but also aligns the national legal system with Islamic values held by the majority of society. In addition, Islamic law provides specific guidelines in regulating various aspects of daily life, strengthens the legitimacy of the political system, empowers Muslim communities in the political process, and provides alternative dispute resolution based on the principles of Islamic law. The impact is enormous, not only reflecting the diversity and plurality of Indonesian society, but also strengthening the legal foundations that are inclusive, just and harmonious in creating harmony between citizens.</span></p>

PERTANGGUNGJAWABAN NOTARIS TERKAIT PENOLAKAN PEMBUATAN AKTA SYARIAH DAN AKIBAT HUKUMNYA MENURUT SISTEM HUKUM DI INDONESIA.

The refusal of notaries to make Sharia deeds without a valid reason raises important issues regarding their legal liability and its legal consequences in the Indonesian legal system. Although the law provides for the obligation of notaries to act fairly and non-discriminatively, the existing legal literature is lacking in exploring the administrative, civil, and criminal legal implications of such refusal. This study raises two problems, namely how the legal consequences for notaries related to the rejection of making Sharia deeds according to the legal system in Indonesia and how the responsibility of Notaries related to the rejection of making Sharia deeds according to the legal system in Indonesia, using the theory of legal consequences and liability theory of Hans Kelsen. The method used in this study is the normative juridical method, namely legal research conducted by researching library materials or secondary data only. The research approach used is the approach of legislation, case approach, analytical approach and conceptual approach. The technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, researching library materials (books, scientific journals, research reports) and other sources of legal materials that are relevant to the legal issues under study. For technical analysis of legal material is done by systematic and grammatical interpretation. The results of this study that the reason noltaris mellnollak mellrellsmikan kolnvellnsiolnal deed is karellna ulrulsan religious law. The choice undertaken Noltaris only mellrellsmikan deed that bellrsifat Sharia karellna call ulntulk tulndulk heart and patulh tellrhadap kellimanan principle that he lived. It tellrsellbult, based ollellh pellrintah in Al-Qulran and Al-Hadith, “Rasullulllah sallallahul ' alaihi wa sallam mellaknat pellmakan riba (rellntellnir), pellnyelltolr riba (customers who mellminjam), pellnullis riba transactions (sellkrelltaris) and Dula witness mellnyaksikan riba transactions, sellmulanya same dalamSS dolsa.” (HR. Mulslim Zero. 1598Noltaris the mellnollak mellrellsmikan kolnvellnsiolnal deed in pellservice pulblik mellrulpakan sulatul rights owned by noltaris sellbagai nellgara citizens, where nellgara is obliged to ulntulk mellngakolmoldasi the rights of bellrnellgara from seaeach country citizen

Legal Wisdom in Indonesian Legal System: Toward Progressive Law Enforcement

This study aims to analyze the state of society that began without a system, or what is called the condition of disorder, which is unstable (social melee) so that the state of law, when it comes to people's lives, must also follow the unstable pattern (legal melee). The method used is normative philosophical, which leads to the basis of discourse (Conceptual). This study also explains some of the gaps in previous similar studies by presenting some novelty of analysis, such as (1) an explanation of how legal wisdom is an important concept for progressive law enforcement, (2) the national legal system (conventional) with legalistic positivistic substance remains an open formulation towards legal progressiveness in Indonesia. The exposure of the construction of a legal system continuously undergoing development is an issue that must always get a balance for new legal discoveries so that the developing law always follows the development of society. The results of this study revealed that the existing legal products also naturally show how the law plays a role. Then, with the existence of legal products, one area that gets regulation against it must be more organized than areas that legal arrangements have not been regulated by law. It can be concluded that today's Indonesian legislation is a portrait that shows the problem of existing regulations. It has become natural to revive and develop with a more structured of legal enforcement.

Implementasi Konstitusi Terhadap Perlindungan Hak Asasi Manusia dalam Prespektif Hukum Tata Negara

Human rights are important, indivisible and fundamental rights that exist in every human being from the moment of birth. In Indonesia, the 1945 Constitution of the Republic of Indonesia (UUD 1945) serves as the constitutional protection of human rights. The purpose of the Indonesian legal system is to defend and defend human rights. This thesis explores how the Indonesian legal system protects human rights by examining how the constitution is applied in democratic practice in everyday society. The basic human rights law contained in the constitution, the mechanism of protecting human rights in the legal system of the Unitary State of the Republic of Indonesia, difficulties in implementing human rights will be discussed in this examination. The analysis shows that the Indonesian constitution provides a strong legal basis for the defense of human rights. Especially in the right to freedom in democracy within the scope of the state seen from a societal point of view..

Negara Demokrasi dan Hak Asasi Manusia di Indonesia

Democracy is a civilized and universal manifestation in the world, it is related to human rights and arises from the struggle to defend human dignity. Democracy allows people to have full sovereignty over the government and recognizes human rights. In Indonesia, human rights are the foundation of the country and are upheld because Indonesia is a constitutional state that upholds the dignity of the people. A democratic state is a system of government that allows people to have full sovereignty over the government. The rule of law in Indonesia upholds justice and legal certainty, controls society, ensures that obligations are fulfilled and rights are granted. Human rights are important and significant in Indonesia because the Indonesian legal system values ​​and protects human rights because it is based on the Pancasila Law, which emphasizes the importance of human dignity.

Judicial Preview: Pembaharuan Prosedur Verifikasi Konstitusionalitas Sebagai Wujud Harmonisasi Nilai Kepastian dan Keadilan Hukum

The Indonesian legal system is still confronted with the antinomy between the values of legal certainty and justice. This can be seen from the numerous laws that have been annulled by the Constitutional Court (MK) due to their inconsistency with the constitution. This research aims to analyze the urgency of implementing the concept of Judicial Preview in Indonesia as a solution to the antinomy between the values of legal certainty and justice in the formation of legislation. This research uses a normative legal method and is conducted through conceptual and legal approaches. Through a legal approach, it is intended to analyze the problem of the high number of annulled laws by the Constitutional Court. This research also utilizes secondary data, such as laws. The data collection method is carried out through a literature study process that examines literature materials, such as scientific journals, books, and online websites. The research results indicate that Judicial Preview, as a mechanism for testing laws before enactment, can be a solution to prevent laws that are inconsistent with the constitution. Judicial Preview can provide legal certainty to the public that enacted laws will not violate their constitutional rights. Additionally, Judicial Preview can also help realize legal justice. The implementation of the Judicial Preview concept in Indonesia can be an effective solution to address the antinomy between the values of legal certainty and justice in the formation of legislation. By implementing Judicial Preview, it is hoped that higher quality laws, in line with constitutional values, can be created, providing legal certainty and justice for society.

Utilization of Big Data in Criminal Case Disclosure by the Indonesian Police Investigators

The benefit of using Big Data in uncovering criminal cases is its ability to trace the digital footprint of criminals. The purpose of this paper is to find out the use of big data in criminal cases by the Indonesian National Police. A digital footprint is a physical copy of photos, voice posts, and a criminal event that can be traced to reveal the perpetrator’s crime. Indonesian Police investigators do not need to spend a lot of time searching and verifying digital footprints because Big Data can be used to collect such information for analysis to find both the criminal events and the perpetrators. The use of big data in disclosing a crime has not been institutionalized in the investigation process carried out by the Indonesian Police investigators, due to the influence of the Negatief Wettelijk Bewijsleer-based proof system applicable in the proof system of the Criminal Procedure Code. The problem of this paper is how to uncover criminal cases by utilizing Big Data. A doctrinal approach was used to answer the problem. The results of the study indicate that the use of Big Data by the Indonesian Police investigators has not been followed by a regulation in the form of a criminal policy in the framework of evidence based on the Criminal Procedure Code. Digital evidence in the legal system in Indonesia has been regulated in the Law on Electronic Information and Transaction, but it has not been followed by an integrated coherence in the criminal proof system in the Criminal Procedure Code.

Legal Implications of Using Artificial Intelligence (AI) Technology in Electronic Transactions

The advancement of technology, including the use of Artificial Intelligence (AI) in everyday life, has brought about significant changes and substantial impacts, especially in electronic transactions and law. While the use of AI promises various benefits, it also raises several important legal issues, such as legal responsibility, data privacy, and contract validity. The purpose of this research is to understand the legal framework of AI in the Indonesian legal system and the legal implications of AI utilization, particularly in the context of electronic transactions. This research is of a normative juridical type, employing a conceptual approach and a statute approach. The results of the research indicate that AI is not specifically regulated in its own law but is discussed within the Electronic Information and Transactions Law (ITE Law) and several regulations under it. The legal implications of AI usage can be viewed from two main perspectives. First, AI is regarded as an electronic agent, where all legal responsibilities for AI actions are placed on the electronic system providers. Second, AI is seen as a legal subject, where it is treated as a legal entity or rechtpersoon.

Abuse of Circumstances as a Reason for Cancellation of Agreement in the Indonesian Legal System

This research aims to find out the development of the doctrine of abuse of circumstances as a reason for canceling an agreement in the Indonesian Legal System. The proposed problem formulation contains: How is the development of the doctrine of abuse of circumstances in the Civil Law Legal System, especially Indonesia? and how is the consideration of judges in Indonesia in giving court decisions related to the doctrine of abuse of circumstances? This research includes normative legal research, with data collected based on written regulations and expert opinions. The results of this study indicate that the development of the doctrine of abuse of circumstances has been recognized in the Netherlands which adheres to the Civil Law System in the form of legislation, while Indonesia only recognizes this doctrine as limited to court decisions or has not been adapted in the form of legislation. Nevertheless, some judges in deciding civil cases in Indonesia recognize and use the doctrine of abuse of circumstances as a reason for canceling agreements in several civil cases. This shows a dilemma in the enforcement of justice in Indonesia, especially in the context of civil law considering that Indonesia adheres to the Civil Law System so that the main reference for judges in deciding cases is the law. In this case, the doctrine of abuse of circumstances has not been regulated in written civil law in Indonesia.