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All Journal Jurnal Hukum Sehasen Jurnal Hukum dan Pendidikan Kewarganegaraan
Muhammad Azka Zidane
Universitas Bengkulu
Law, Crime, Criminology & Criminal Justice

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Analisis Yuridis Tentang Efektivitas Komnas HAM dalam Penegakkan Hak Asasi Manusia Di Indonesia Muhammad Fajar Lutfi Raihan; Muhammad Azka Zidane; Hendra Anie
Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Vol. 1 No. 4 (2025): Juli - September
Publisher : GLOBAL SCIENTS PUBLISHER

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Abstract

This study analyzes the effectiveness of the National Commission on Human Rights (Komnas HAM) in enforcing human rights (HAM) in Indonesia from a normative juridical perspective. The background highlights ongoing human rights violations up to 2024-2025, such as torture, conflicts in Papua, and religious intolerance, impacting public trust, national integration, and international image. Employing a normative juridical method with primary data (legislation) and secondary data (legal literature), the research identifies major obstacles including limited authority of Komnas HAM (investigation only, not prosecution), weaknesses in procedural law (application of KUHAP unsuitable for gross violations), poor inter-institutional coordination ("back-and-forth files" with the Attorney General's Office), resource limitations, and external factors like impunity and political intervention. The conclusion states that Komnas HAM's effectiveness is not yet optimal, with recommendations for legislative revisions, capacity building, and integrated mechanisms to strengthen independence and human rights enforcement.
The System of Inheritance Distribution in Dusun Pulau Community, Air Rami District: A Comparative Study of Pekal Bacakuk Kayu Customary Law and Islamic Law Rocky Eric Prianto; Deyan Ajian Putra; Ghania Khalisa Ridev; Muhammad Azka Zidane
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10948

Abstract

One of the common issues in contemporary society is the problem of inheritance distribution systems, which are influenced by legal pluralism, including customary law, Islamic law, and western law. These differing legal systems often lead to inconsistencies in inheritance practices within communities. This study aims to analyze the comparison between the inheritance distribution system under Pekal Bacakuk Kayu customary law and Islamic inheritance law in the Dusun Pulau community, Air Rami District. This research is an empirical legal study supported by a normative approach, with data collection conducted through interviews and literature review. The data were analyzed qualitatively using an inductive reasoning method. The results show that under Pekal Bacakuk Kayu customary law, the inheritance system follows a matrilineal pattern, where daughters are considered the primary or even sole heirs, while sons do not receive any inheritance rights. This system is based on social values, customs, and the function of property in maintaining family continuity. In contrast, Islamic inheritance law stipulates a proportional and clearly defined distribution, where male heirs receive twice the share of female heirs, reflecting their economic responsibilities. This difference indicates the existence of legal pluralism within society, resulting in differing concepts of justice between customary law and Islamic law. Therefore, efforts toward harmonization are necessary to create a fair inheritance system that aligns with societal values.
Co-Authors Deyan Ajian Putra Ghania Khalisa Ridev Hendra Anie Muhammad Fajar Lutfi Raihan Rocky Eric Prianto