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All Journal Ilmu Hukum Prima Administrative and Environmental Law Review
Mardhatillah Mardhatillah
Universitas Bengkulu
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Harmonization of Customary Criminal Acts in Bengkulu within the National Legal System Mardhatillah Mardhatillah; Aldi Ferdiansyah; Raden Satrya Putra; Damar Al Fariq; Fika Labuda Aziz
Ilmu Hukum Prima (IHP) Vol. 9 No. 1 (2026): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v9i1.8066

Abstract

The existence of customary law in Indonesia, including in Bengkulu Province, is part of the legal pluralism that is still alive and thriving in society. However, in practice, the implementation of customary criminal acts often faces challenges in its integration with the national legal system, particularly regarding the dualism of case resolution, legal certainty, and protection of human rights. This condition raises the need for harmonization between customary criminal law and national law to create a just and effective legal system. This study aims to analyze the forms and characteristics of customary criminal acts in Bengkulu and formulate an appropriate harmonization model within the framework of the national legal system. The research method used is normative legal research with a statutory and conceptual approach, through a qualitative descriptive analysis of primary, secondary, and tertiary legal materials. The results show that customary criminal acts in Bengkulu have a communal and restorative character oriented towards restoring social relations. Harmonization can be achieved by strengthening the recognition of customary law in regulations, integrating the principles of restorative justice into the criminal justice system, and establishing limits on the types of cases that can be resolved through customary law. Thus, this harmonization is able to maintain a balance between the local values ​​of indigenous communities and the principles of national law.
The Urgency of Precautionary Principle in EIA Following the Enactment Omnibus Law on Job Creation Ramlan Ramlan; Tri Hardyanthi; Suhermi Suhermi; Sasmiar Sasmiar; Mardhatillah Mardhatillah
Administrative and Environtmental Law Review Vol 6 No 2 (2025)
Publisher : Fakultas Hukum Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/aelr.v6i2.4580

Abstract

Environmental Impact Assessment (EIA) serves as a legal instrument to evaluate the major effects of proposed businesses or activities and implement preventive measures to mitigate potential environmental impacts. Beyond being a prerequisite for environmental permits, EIA provides decision-makers with a basis for approval while incorporating the precautionary principle. Following the enactment of Law No. 6 of 2023, which formalizes Government Regulation in Lieu of Law No. 2 of 2022 on Job Creation, the precautionary principle is applied only to high-risk activities, limiting its broader role in environmental protection. This study employs a normative juridical approach to assess whether current Indonesian legislation aligns with environmental law principles. Findings indicate that post-Job Creation Law, the precautionary principle is restricted to activities with significant risks and uncertain scientific outcomes, highlighting the need for its wider application across all business activities to support sustainable development that balances economic, ecological, and socio-cultural interests.
Co-Authors Aldi Ferdiansyah Damar Al Fariq Fika Labuda Aziz Raden Satrya Putra Ramlan Ramlan Sasmiar Sasmiar Suhermi Suhermi Tri Hardyanthi