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All Journal Jambe Law Journal Indonesian Comparative Law Review NEGREI: Academic Journal of Law and Governance Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
SAPUTRA, BENY
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Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Strengthening ADR System in Indonesia: Learning from ADR Practices in Hungary Saputra, Beny
Indonesian Comparative Law Review Vol 6, No 2 (2024)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/iclr.v6i2.21984

Abstract

Integrating Alternative Dispute Resolution (ADR) into legal systems is essential for improving access to justice, decreasing litigation expenses, and promoting enforced outcomes. This article examines the ADR practices in Hungary, a country that has successfully integrated ADR into its legal system, to gain significant insights for Indonesia, as both countries share the same sociocultural practices for communal dispute resolution. This normative legal research examines Hungary's extensive legal framework, the roles of institutional support structures, and the enforcement of ADR awards. The study employs comparative analysis that systematically evaluates pertinent legal documents, institutional reports, and scholarly literature from Hungary and Indonesia. The study found fundamental factors that contribute to the effectiveness of alternative dispute resolution (ADR) in Hungary including the existence of a clearly established legislative framework, sufficient institutional infrastructure, and effective regulation to enforce ADR decisions. Indonesia can adopt these techniques to improve its Alternative Dispute Resolution (ADR) system, resulting in more streamlined, cost-efficient, and fair processes for resolving disputes and to establish a more unified and efficient ADR system.
Protection Standardization Towards Unemployment in Indonesia Saputra, Beny; Bene, Olivér
Jambe Law Journal Vol. 5 No. 1 (2022)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.5.1.123-146

Abstract

The Covid-19 pandemic triggered a significant recession ranging from 4.4 percent to 5.2 percent. As seen by the high rate of layoffs, the labor market is one of the most impacted industries. To counteract this scenario, the government has implemented a job loss insurance system as part of its broader protection against unemployment program. This research discusses the standarization of Jaminan Kehilangan Pekerjaan (Job Insurance Scheme) in Indonesia with five key principal of the ILO Convention no 168 and its objectives. The method used in this research is comparative law. In analysing legal materials, this research uses qualitative descriptive analysis with using key factor and objective of ILO convention. this study found that JKP or Job loss insurance scheme in Indonesia meet five key principal of the ILO Convention and the objectives
Local Wisdom in Indonesia: Assessing its Legal Status and Role in Forest Protection Helmi, Helmi; Pebrianto, Dony Yusra; Hafrida, Hafrida; Kusniati, Retno; Saputra, Beny
Jambe Law Journal Vol. 6 No. 2 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.2.125-141

Abstract

This study delves into an examination of the role played by local wisdom in the protection of forests. The recognition and acknowledgment of local wisdom, enshrined in customary law within the environments of indigenous peoples, encounters challenges, particularly when the legitimacy of customary law itself is in question, especially concerning forest protection. In addressing these concerns, a normative juridical approach was employed to scrutinize legal source materials. The findings of this research affirm that the recognition of indigenous peoples as legal entities, particularly under international law, necessitates collective consideration. Through this conceptual framework, indigenous peoples can assert their aspirations autonomously and even advocate for international policies aimed at safeguarding and upholding the rights of indigenous peoples globally, with predetermined terms and conditions. The study underscores the contribution of local wisdom to forest protection, exemplified by the formulation of customary forest concepts applicable to indigenous communities. Local wisdom has demonstrated efficacy in averting and mitigating forest damage, particularly within customary forest areas, owing to the steadfast adherence of indigenous peoples to the principles encapsulated in their customary law. Moreover, the effectiveness of local wisdom in forest preservation is bolstered by the intrinsic characteristics of traditional indigenous communities, fostering wise and sustainable forest management practices. The study posits that the normative nature of customary law, as a living legal entity, may face ineffectiveness, potentially jeopardizing its own existence. Nonetheless, it contends that the state should formally recognize the exclusivity of customary law through constitutional and legal frameworks, thereby fortifying the application and viability of customary law within predetermined geographical areas and communities designated by the government
Analyzing the Code of Hammurabi: Exploring Ancient Legal Principles and Their Relevance in Modern Law Saputra, Beny; Bene, Olivér; Putra, David Aprizon
NEGREI: Academic Journal of Law and Governance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/negrei.v4i1.9965

Abstract

This study examines the Code of Hammurabi, an ancient legal code that dates to early human history, to investigate its old legal ideas and evaluate their ongoing significance in contemporary legal systems. This study seeks to clarify the fundamental concepts that underlie Hammurabi's rules and their lasting influence on modern legal thinking by conducting a thorough investigation of the Code's provisions and historical background. This research aims to provide significant insights into the development of legal norms and their application in addressing current legal difficulties by analyzing important elements such as justice, equity, and societal order as outlined in the Code. This study examines the degree to which Hammurabi's legal ideas align with contemporary legal frameworks. It provides insightful analysis on the lasting significance and flexibility of ancient legal precedents in creating modern legal jurisprudence. This research enhances our comprehension of the historical origins of law and its enduring importance in contemporary legal discussions.
Democratic Values ​​in Nagari: An Analysis on Electoral System Shifts in One Province of Indonesia Yarni, Meri; Prasna, Adeb Davega; Yetniwati, Yetniwati; Saputra, Beny
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i2.12106

Abstract

The Nagari system, a traditional form of regional government in Minangkabau, has historically employed a direct election method that empowers community members to elect their leaders. This model of participation aligns with the democratic values enshrined stated in the 1945 Constitution and the principles of human rights. However, a 2018 regulation altered this process, transitioning the selection of Nagari leaders from direct community engagement to an indirect election facilitated by the Nagari Traditional Council (KAN). This change was justified as a means to prevent the election of leaders who do not reflect the community’s values. This article seeks to identify the most effective democratic framework for village communities, particularly Nagari societies. The primary issue at hand is the shift from direct democracy to representative democracy in the election of Nagari leaders, instigated by Regional Regulation Number 7 of 2018. Utilizing normative legal research methods, this study emphasizes that the new regulation risks undermining democratic values ​​by restricting direct voter engagement. The findings suggest that these modifications to the electoral process weaken the foundational principles of democracy in Nagari by curtailing direct community participation, a vital aspect of local governance and social cohesion. Therefore, it is essential to reevaluate these regulations to safeguard the democratic rights and participatory traditions of the Nagari community, ensuring alignment with constitutional principles of direct democracy and comprehensive citizen involvement.
Co-Authors Bene, Olivér Bene, Olivér David Aprizon Putra, David Aprizon Hafrida Hafrida Helmi Helmi Meri Yarni Pebrianto, Dony Yusra Prasna, Adeb Davega Retno Kusniati Yetniwati Yetniwati