Empirical Legal Research Method Research Articles

Overview Pluralism Law: Application Ammatoa Customary Crime Kajang, Bulukumba, South Sulawesi After the New Criminal Code Law

Purpose: The purpose of this study is to examine the implementation of the Ammatoa Kajang customary penal code in Bulukumba, South Sulawesi, and its recognition under Regional Regulation Number 9 of 2015, and to explore the interaction and adjustment between customary law, state criminal law, and religious law within the Ammatoa Kajang Customary Law Community.
  
 Method: The research employs empirical legal research methods and qualitative data analysis techniques. Inductive reasoning is utilized to draw conclusions from the gathered data.
  
 Result and Conclusion: The study finds that the Ammatoa Kajang Customary Law Community in Bulukumba, South Sulawesi, has criminal law instruments, including criminal articles and customary justice systems. The implementation of customary punishment is dominant within the Kajang customary territory, compared to state crimes and religious law. The coexistence of multiple legal systems leads to intersections and adjustments between them.
  
 Implication of the Research: The research highlights the complexity of legal pluralism and the interaction between different legal systems within Indigenous communities like the Ammatoa Kajang Customary Law Community. It underscores the importance of understanding and respecting customary laws alongside state and religious laws.
  
 Originality/Value: This study contributes to the literature by providing insights into the implementation of customary penal codes in Indigenous communities, particularly in Bulukumba, South Sulawesi. It sheds light on the dynamics of legal pluralism and the adaptation of legal systems within these communities, offering valuable information for policymakers and legal practitioners.

Legal Protection for Women in Criminal Proceedings: A Socio-Legal Review

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph"><em>Women often become victims of crimes, especially sexual crimes and domestic violence, in legal proceedings, but the legal protection stipulated in laws and regulations is still considered inadequate and many women still experience discrimination and injustice. The purpose of this study is to analyze the legal protection of women victims in criminal justice proceedings in Indonesia from a socio-legal perspective in order to identify the socio-cultural-structural barriers that cause the weakness of such protection. This study uses an empirical legal research method with a sociological legal approach to analyze the application of regulations on protecting women victims in criminal proceedings, with primary data obtained from field studies and interviews which are then analyzed qualitatively. The results show that nomatively, regulations on protecting women victims are adequate, but in practice they are heavily influenced by patriarchal socio-cultural factors and negative stigma against women victims which affect the attitude of law enforcement officials, resulting in many victims experiencing discrimination and injustice. The socio-cultural-structural barriers include negative stigma and discriminatory treatment of victims, patriarchal culture that subordinates women, lack of psychosocial and legal support for victims, and limited access to justice for marginalized women victims. At the structural level there are also problems of low gender capacity of law enforcement officials, lack of NGO advocacy, and legal and judicial systems that are not yet victim-friendly.</em><strong></strong></p></td></tr></tbody></table>

The Responsibility of Natural Resources Conservation Center in Preventing Encroachment of Conservation Forest Areas in East Nusa Tenggara

This research aims to examine the relationship between the increase in encroachment on conservation forests and the classification of forests based on their ownership status, as well as assess the East Nusa Tenggara BBKSDA's responsibility in addressing conservation forest encroachment. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that land ownership claims, boundary disputes, and a lack of community understanding regarding conservation forest status are the primary causes of encroachment. Although the East Nusa Tenggara BBKSDA has taken various proactive steps to address conservation forest encroachment, the issue has not yet been fundamentally resolved. Therefore, it is recommended that the Local Government and East Nusa Tenggara BBKSDA take concrete measures to tackle the ambiguity of land ownership status, which is one of the root problems of conservation forest encroachment. These measures could begin with reviewing and updating data related to land boundaries and ownership status, followed by mediation between the government and the community to resolve border disputes fairly and transparently. Furthermore, it is essential for traditional institutions and local communities to actively participate in this process actively, utilizing local knowledge and traditions in determining fair and mutually recognized land boundaries. The Local Government and BBKSDA must also enhance efforts to socialize and educate the community about the importance of conservation forests, including the long-term benefits of forest conservation for environmental sustainability and the local economy. These efforts should be carried out through effective communication appropriate to the local cultural context so that the community can accept and value the importance of conservation forests.

Challenges of Hybrid Policing in Countering Online Fraud Networks: A Case Study from Sidrap Regency

This research aims to examine the concept of hybrid policing in the context of crime prevention, specifically cyber fraud in Sidrap Regency. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that the characteristics of cyber fraud in Sidrap Regency exhibit anonymity and disregard for geographical boundaries, with the primary motivation of the perpetrators being personal gain. They employ fake identities and compromised devices to execute their schemes, exacerbated by technological advancements, the public’s lack of awareness, and existing regulatory gaps. Therefore, it is recommended that the POLRI renew and adapt their policing model to be more responsive to the dynamics of cybercrime by implementing a hybrid policing approach. This involves active collaboration with community organizations in prevention efforts, which are expected to increase public awareness and strengthen the cyber security network. Additionally, developing an effective knowledge management system is advised, facilitating the exchange of information and strategies for handling cybercrime cases more efficiently. For researchers, it is crucial to examine further the social and psychological impacts of cybercrime on victims, which can contribute to forming a theoretical and practical foundation for a more holistic and victim-oriented approach to preventing and handling cybercrime in Sidrap Regency.

Abuse of Private Vehicle Strobe Lights and Sirens: Law Enforcement from the Islamic Perspective

The community continues to be disturbed when strobe lights and sirens are abused. While sirens are used by private vehicles, they cause other drivers to automatically move aside to give way to the oncoming vehicle, strobes or light beams cause other drivers to feel blinded. This study employs a sociological method of empirical legal research. This study aims to examine how law enforcement uses Siyasah Dusturi­yah and Law No. 22 of 2009 to target the usage of strobes and sirens on private vehicles. Law enforcement has taken steps to enforce the law on the use of strobes and sirens, including outreach with vehicle communities, based on the findings of the research. In line with Islamic teachings, the community and students have taken into consideration various aspects, particularly when viewed through the lens of Siyasah Dusturiyah. These include highlighting the advantages of promot­ing legal compliance and awareness as well as enhancing traffic safety and comfort.

PROBLEMATIKA PERLINDUNGAN TERHADAP KONSUMEN PAKAIAN BEKAS

PROBLEMATIKA PERLINDUNGAN TERHADAP KONSUMEN PAKAIAN BEKAS

Regional Regulation Problems in the Field of Salt Industry Development Perspective of Farmers in Sampang Regency

Sampang is an area that has the largest salt field in Madura. But the existence of abundant salt fields does not make it a developed region. Sampang has consistently been a disadvantaged area. Thus, predictably, there are various problems regarding salt in Sampang. This issue needs to be studied, especially on legal issues that hinder the development of the salt industry in Sampang. To answer this problem, empirical legal research methods are used to explore and identify legal problems that occur in the field related to salt issues. The results and discussion in this study revealed that there are at least three main problems that hinder the progress of the salt industry perspective of salt farmers in Sampang Regency. The three main problems are the absence of regional regulations on aquaculture, the absence of regional policies that support salt pricing that benefits farmers, and the absence of policies on the implementation of regional duties in the field of providing facilities and infrastructure that support the development of the salt industry in Sampang Regency.

THE URGENCY OF QANUN TO IMPLEMENT BIREUEN AS A SANTRI CITY

Bireuen Regent's Decree Number 553 of 2020 designated Bireuen as a Santri City. As a Santri City, the behavior and conduct of the community is expected to reflect the objectives of this establishment, namely as a center for Islamic education, a model of Dayah education, and an Islamic reference center in Aceh. Apart from that, the aim of this determination is to make the people of Bireuen individuals who have good morals, are religious, and love science, as well as to ensure that the Bireuen region, especially Aceh in general, becomes a just and prosperous area. Apart from that, a road map for Bireuen as a Santri City in Aceh needs to be drawn up. Until now, Bireuen district does not yet have a Regional Regulation that regulates the implementation of Bireuen as a Santri City. Therefore, the urgency of qanun regarding the implementation of Bireuen as a Santri City in Bireuen district is a problem in this research. This research uses empirical legal research methods with a qualitative approach. Even though the government has issued a policy through Decree of the Regent of Bireuen Number 774 of 2021 concerning the Determination of the Study of Baksul Masail Khasanah Bireuen Santri City and Circular Letter Number 451/975/2020 concerning the Implementation of Bireuen as a Santri City, the implementation has not gone as expected. The implementation of Bireuen as a Santri City will not be optimal if only a few aspects of community life are regulated. Therefore, to achieve this goal, regulations are needed that regulate every aspect of the diverse social life of the community, so that they can become a supporting pillar in the implementation policy of Bireuen as a Santri City. With the existence of Qanun, technical and administrative needs related to this matter can be implemented optimally.

Mesamsam Ceremony for the Validity of Divorce for the Krama of Kubu Traditional Village, Bangli District, Bali-Indonesia

It is human nature as social creatures that every man and woman have the instinct to love each other and need each other in all areas. As a sign that someone has entered this period, it begins with the marriage process. Marriage is a sacred event and obligation for Hindus because God has said in Manava Dharmasastra IX.96 as follows: To be a mother, women were created and to be fathers, men were created. Religious ceremonies are prescribed in the Vedas to be performed by husband and wife. Such is the importance of marriage that it can only take place after various requirements specified in State law (Law No. 16 of 2019) concerning marriage according to national law and customary law (in this case Balinese customary law), are fulfilled by a series of ceremonies for both candidates. Bride and groom with the intention that the marriage can run smoothly and last forever as a husband and wife couple. However, it cannot be denied that in marriage conflicts can arise resulting in divorce between the two parties, which of course is carried out through the district court process so that a divorce certificate will be issued. Especially in Bali, namely in Kubu Bangli Village, you cannot accept only court decisions, but there are also decisions from traditional villages, namely by carrying out the Mesamsam Ceremony to legalize the divorce. So the problem formulation emerged as to what the divorce procedure is for village manners in the Kubu Bangli Traditional Village and how legal divorce is for village manners in the Kubu Bangli Traditional Village. The method used in this research is an empirical legal research method by looking at the facts that occur in the field by synchronizing the application of positive law and customary law.

Legal Comparison Between National Collective Management Institutions in Indonesia and United States

Purpose: This Study aims to find out about the role of the Indonesian National Collective Management Institution in providing protection for the economic rights of musicians compared to the United States Collective Management Organization on digital era development.   Methods: This research method uses normative and empirical legal research methods by using empirical facts from human behavior, both behavior through direct observation or verbally obtained from interviews. Data collection techniques were carried out by conducting interviews with informants and studying documents from written data.   Results and Conclusion: The results of the study show that in carrying out its duties the National Collective Management Institute has fulfilled the royalty rights of musicians in accordance with what is mandated in the applicable regulations.   Research implications: the development of the Digital world which should have had many positive impacts on Economic Progress and the quality of Human Resources in the Indonesian nation actually had a negative impact due to a lack of understanding which would hinder this process.   Originality/value: The Indonesian government must be encouraged to create regulations regarding copyright in digital media and provide education to the public regarding understanding copyright.

Implementation of Limited Company Social Responsibility in the Field of Natural Resources, West Kutai District

The legal product in the form of a Regent's Regulation issued by the West Kutai Regency Government, which regulates explicitly Guidelines for the Implementation of Corporate Social Responsibility, is a form of control function over companies operating in the West Kutai Regency area by the West Kutai Regency Government. Based on the description above, this article examines and analyzes the Implementation of the Social Responsibility Obligations of Limited Liability Companies in the Natural Resources Sector Law Number 40 of 2007 concerning Limited Liability Companies in West Kutai Regency and the factors that hinder its implementation. The research method used in this research is an empirical legal research method. Trubaindo Coal Mining, in implementing the Regulations on Limited Liability Company Social Responsibility Obligations in the field of natural resources based on Law Number 40 of 2007 concerning Limited Liability Companies in West Kutai Regency, has implemented the company's corporate social responsibility by the program required by the people of Muara Begai Village. Meanwhile, the inhibiting factors that arise in implementing implementation are not being able to distinguish between needs and desires; there are several groups that prioritize personal interests rather than the people at large; of course, this will interfere with the company in grouping the right groups that require Corporate Social Responsibility. The lack of Human Resources cannot be denied as an inhibiting factor, and unforeseen thingssuch as natural disasters and floods make it impossible to carry out scheduled Corporate Social Responsibility programs

Notary's Position as aMediator in Resolving Disputes

A Notary is bound by Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notaries (Notary Law). According to the Notary Law, a notary cannot have a profession that interferes with his performance, including being a mediator. In reality, notaries are often found mediating parties faced with civil disputes. The problem that will be analyzed in this research is the position of a Notary as a Mediator for the parties regarding the Deed they make without violating the PJN code ofethics and how to implement mediation by the Notary for the parties.The type of research used is an empirical legal research method because it directly examines several notaries in Malang City.The results of this research state that a notary can act as a mediator in resolving ongoing disputes for the parties regarding the Deed they have made. Notaries can mediate disputes without violating the code of ethics for notary office regulations, as stated in Chapter II, article 2 of the Notary Code of Ethics. Anotary who carries out the function of a mediator can occur if the condition of the dispute or the parties have not found a mutual agreement. In the legal relationship regarding a legal act that they want to carry out, it is necessary to have a third party who helps to finda solutionand findagreementjointly representing the interests of the parties so that they can be resolved together

Maqashid Sharia Progressive: Anatomical and Transformational of Halal Institutions in UIN KHAS Jember

The research discussed the Audit Institutions Halal (LPH) at the State Islamic University Kiai Haji Achmad Siddiq Jember (UIN KHAS Jember) regarding the halal industry movement. However, the existence of a halal institution for the halal certification movement is still not effective in implementing local social and customary communities since the LPH, in substance, mostly does not work properly. Meanwhile, the university only acts as a tool. The research aimed to analyze the anatomical and transformational importance of halal institutions at UIN KHAS Jember which is studied using maqashid sharia progressive. It used an empirical legal research method with a descriptive qualitative data approach. The research shows that the existence of LPH, which is affiliated with universities, especially UIN KHAS Jember, provides space for good dissemination of information in the community, supported by academics in halal genealogy in Indonesia. LPH contributes positively to the institutional dimension and outreach to the community. However, the dimensions of the law of Halal Product Certification still provide room for polemics, for example, halal localities in indigenous communities in Indonesia, which should receive legal recognition. The aim is to avoid the statement of Jasser Auda that worried things about maqashid sharia, namely a feature about the absence of a halal monopoly, which is only in the hands of the government but also exists within existing customary institutions.

Implementation of Law Number 23 of 2006 Concerning Population Administration Related to Marriage Certificate Registration in Sanur Urban Village

Generally the registration of marriage as a state recognition of its people and to obtain legal certainty and civil rights of the community. Based on this, the issues raised are How to Implement Law No. 23 of 2006 concerning Population Administration related to Registration of Marriage Certificates in Sanur Village and What are the factors that are obstacles in the Implementation of Law No. 23 of 2006 concerning Population Administration related to Registration of Marriage Certificates in Sanur Village. The research method used is an empirical legal research method, using primary data types and secondary data which are further analyzed qualitatively descriptively. The results of research that has been done conclude that first, marriage that is not recorded will cause harm to certain parties. The resulting consequences of not noted marriage where the married couple did not have authentic evidence that they had carried out a legal marriage. As a result, judging from the juridical aspect, the marriage is not recognized by the government, so it does not have legal force (no legal force). Second, the factors on the implementation of the Population Administration (implementation of the Marriage Act) carried out in Sanur village have not been able to realize the Administration Order, have not fully run well because of the legal factors themselves, Law Enforcement factors, supporting facilities or facilitation factors, community factors, and cultural factors.

Fenomena Khalwat Pasca Khitbah di Masyarakat Desa Bluto Kabupaten Sumenep

This research aims to examine the phenomenon of khalwat that often occurs in society where the engagement phase is the first step of taaruf before entering marriage. During this period there are other things that must be considered by the prospective bride and groom and their parents, namely regarding the ethics of association during the khitbah (engagement) period. The ingredients in the customary practice of the engagement community are considered as cultural legality where the prospective spouses have considered mahrom with khalwat (to be alone) which is allowed by their parents. Although in reality this is wrong because it violates islamic law. This article explains the khalwat phenomenon that occurs in commuity, especially in Bluto village, Sumenep Regency. This reseach is included in empirical legal research methods. As for the primary data sources, they were obtained directly from the public through an interview process and secondary data were sourced from literacies in books, jounals, articles, and hadith related to the theme of this article. Data collection techniques se have khalwat with the opposite sex who are not mahram (fiance) considered normal as a form of introduction or approach to mutual understanding between partners before entering into marriage as long as this is still at a reasonable stage and when viewed from a hadith perspective and the Al-Qur’an seclusion with non-mahrams is not permissible or unlawful even if the status has been preached.

TINJAUAN TERHADAP PELANGGARAN LALU LINTAS KENDARAAN RODA DUA OLEH ANAK DI BAWAH UMUR DI WILAYAH HUKUM POLRESTA BUKITTINGGI

Two-wheeled vehicle traffic violations committed by minors in the jurisdiction of the City of Bukittinggi still occur a lot and have even increased from year to year. This study aims to find out how law enforcement is against violations of two-wheeled vehicle traffic by minors and the constraints and efforts made to enforce the law on traffic violations of minors. This study uses empirical legal research methods. The results of this study, namely: 1) Law enforcement of traffic violations by minors in the City of Bukittinggi, is by Law Number 22 of 2009 concerning Road Traffic and Transportation, but there are still obstacles in its implementation, 2) Efforts law enforcement of two-wheeled vehicle traffic violations by minors has been carried out to the maximum extent possible by the Bukittinggi Police Traffic Unit, but in making these efforts there are obstacles encountered. These efforts are in the form of pre-emptive (coaching), preventive (counseling), and repressive (action) legal remedies.

Penegakan Hukum Terhadap Penyelenggara Jalan Rusak Yang Mengakibatkan Kecelakaan Lalu Lintas

The aim of this research is to determine law enforcement against operators of damaged roads which result in traffic accidents and to find out what are the obstacles in implementing law enforcement against operators of damaged roads which result in traffic accidents. This research uses an empirical legal research method where the researcher uses a statutory approach and a case approach and data collection is carried out using literature studies and interviews. The results of the research show: firstly, the police in the Bone Bolango Police area carry out law enforcement against drivers who maintain damaged roads that cause accidents. traffic in a preventive and repressive manner. Bone Bolango Regency Police have been carrying out repressive actions such as education and legal action; However, due to a number of obstacles experienced by the Bone Bolango Police, no legal action can be taken until the trial, which only requires making a case report. Both the internal and external operational environment of the traffic police are some of the challenges faced by the Bone Bolango Police. The Bone Bolango Police Traffic Accident Unit lacks personnel and expertise, and the officers' attitude towards drivers is less firm. One of the internal problems faced by the traffic police is this problem. Public ignorance of laws and regulations related to damaged roads and lack of community involvement in reporting damaged roads are two examples of external variables handled by the Traffic Police. Apart from that, there is ambiguity in Law Number 22 of 2009 concerning Road Transport and Traffic. The meaning of "road managers" and the difficulty of law enforcement in enforcing these regulations, especially Article 273, which emphasizes the importance of considering the potential legal consequences for "road managers" who fail to repair damaged roads immediately, which can result in traffic accidents.

Analisis Yuridis Terhadap Wanprestasi Dalam Perjanjian Pembiayaan Penjaminan Fidusia

Even though creditors have a fairly large role in economic performance and guarantees in particular, the legal protection for creditors in fiduciary guarantee agreements is considered to be very weak and limited. This study aims to determine the extent of legal protection for creditors in order to achieve legal certainty in fiduciary guarantee agreements by examining theories, concepts, legal principles, and laws and regulations based on primary legal materials. This study uses normative and empirical legal research methods. Based on the research results, the form of default in the consumer financing agreement with a fiduciary guarantee in Decree Number 12/Pdt.GS/2022/PN Tjk, it was determined that Mr. Iwan Andi Yanuarta has defaulted. The Defendants violated the financing agreement with a fiduciary guarantee by committing an act of default. The judge's considerations in handling default cases in financing agreements with fiduciary guarantees in Decision Number 12/Pdt.GS/2022/PN Tjk are in accordance with the principles of justice. The defendant was proven to have violated Article 1238 of the Civil Code concerning Default and Article 1243 of the Civil Code concerning compensation and costs, resulting in serious legal consequences. The amount of compensation to be paid by the Defendants is Rp. 116,968,300.00.

The Phenomena of Kabalutan In The Highlights of Islamic Marriage Law

Introduction: The ease of carrying out marriages and divorces in Kabalutan Village, Talatako District, Tojo Una Una Regency. One of the local residents was reported by the mass media that for marriage or divorce it is enough to bring it to the Penghulu. Whereas the real task of the Penghulu is to provide supervision and registration of marriages. Can get married if the bride does not have a Guardian.Purposes of the Research: It is important to know and analyze how the implementation of marriage in Kabalutan Village is viewed from the perspective of Islamic law.Methods of the Research: The method used is an empirical legal research method with primary data sources from religious leaders, community leaders, and the community in the village.Results of the Research: So that the validity of a marriage is realized and in accordance with the objectives of the Marriage Law and also the Compilation of Islamic Law which states that marriage is a marriage, namely a very strong contract or mitsaqan ghalizhan to obey Allah's commands and carry them out is worship. The people of Kabalutan Village generally have unregistered marriages or marriages that are not registered due to the long distance and the cost of accommodation which is quite expensive to report and register their marriages to the relevant agencies.

The Early Warning System in Preventing Human Trafficking: Border (In) Security and Challenges for Indonesia

This article aims to find out how the early warning system is constructed in detecting human trafficking. This research discusses human trafficking in Indonesia, where most of the victims were trafficked to neighboring countries in the border area. One of the unsolved problem exist today is human trafficking in frontier areas; hence, there are three major factors causing the number of human trafficking in Indonesia is in high level according to data from the International Organization for Migration. This article is using empirical legal research method. The results show that the construction of an early warning system can be formed by studying the methods or modes used by the perpetrators in committing the crime of human trafficking. However, for this concept to succeed, good synchronization is needed between filters that include potential victims, agencies or institutions that can represent administrative functions, and officers at border area guard posts.