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Lestiawati, Ida
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Comparison of the Legal Regulation of Adultery as Social Control in Society: A Comparison Between Indonesia, Malaysia, Brunei Darussalam, and Turkey Lestiawati, Ida; Maisa, Maisa; Manan, Abdul
SASI Volume 30 Issue 2, June 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i2.2049

Abstract

Introduction: Differences in adultery regulations in various countries in the world can be different, one of which is due to the ideology adopted by each country. Regulations related to adultery actually have relevance to state ideology and the values held and lived by society, including religious values.Purpose of the Research: This research aims to analyze and compare adultery regulations based on the values and ideology that apply in a country by comparing adultery regulations between Indonesia, Malaysia, Brunei Darussalam, and Turkey.Method of Research: This research is normative legal research by prioritizing historical, conceptual, legislative and comparative approaches.Results of Research: The results of the research confirm that the development of adultery regulations in Indonesia has not been substantively facilitated since it was regulated in the WvSNI and even passed into the Criminal Code in 1946. This is because what is regulated in the Criminal Code as an official translation of Dutch criminal law is only an overspel that if translated into Indonesian is closer to the act of infidelity and not adultery. The regulation of adultery in the new national criminal law is officially regulated in the New Criminal Code, especially in Article 411 of the New Criminal Code, which is actually in accordance with the meaning of the offense of adultery in accordance with the values and culture of Indonesian society. Differences in the regulation of adultery in each country, especially countries with a majority Muslim population. This is a necessity because differences in adultery regulations in each country depend on the ideology adopted by each country. However, in general, in societies where the majority are Muslim, adultery is classified as a disgraceful act that deserves criminal sanctions as applied in Indonesia, Malaysia and Brunei Darussalam, whereas Turkey, even though the majority of the population is Muslim, is based on a secularist view, only regulating adultery within the realm of law. private.
The Participation of Indigenous Peoples in the Development of Geographical Indications: Between Orientation and Formulation Maisa, Maisa; Akbar, Muhammad; Samsuria, Samsuria; Lestiawati, Ida
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1505

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Introduction: Characteristics of Indigenous Peoples in managing this natural potential has relevance to optimizing the potential of geographical indications. Even so, legal problems occur when in positive law in Indonesia there is no regulation regarding the participation and role of the Customary Law Community in optimizing geographical indications.Purpose of The Research: This research aims to regulatory orientation and formulation regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications.Methods of Research: This research is a normative legal research with a concept and statutory approach. The analysis is carried out by carrying out an inventory of legal materials, then proceed with the reduction process (sorting) according to the needs in the selection, and ends with conclusions.Results of the Research: The participation of the Indigenous Peoples in optimizing the potential of geographic indications can actually be carried out by involving the role of both the central and regional governments to facilitate it. Appropriate formulations related to arrangements regarding the participation of Indigenous Peoples in optimizing the potential of geographical indications can be carried out by forming cooperatives or associations of producers related to geographical indications. This needs to be done because in the provisions of positive law, Indigenous Peoples are not one of the parties that can become applicants for registration of geographical indications. Revisions to regulations regarding geographical indications need to be made in order to optimize the role and participation of the Indigenous Peoples.
Co-Authors Abdul Manan Adji, Aldri Andriano Bram, Abd Malik Dwi, Made Fahrudin,, Fahrudin, Hidayat, Munawir Ismail, Ismail Malik Jelira, Silvester Dece Maisa Maisa, Maisa Matompo, Osgar S. Muhammad Akbar Muhammad, Fajar Nafri, Moh Purnama, Priska G. Purnawati, Andi Putu Agus Sugianto, I Putu Ary Yoga Pramana Putra, I Ramli, Kaharuddin Samsuria, Samsuria Sari, Ni Made Vivi Nita sumardin, sumardin Tanigau, May Sjaros Wijana, Dewa Nyoman Wisnu Wardhana