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All Journal Syntax Literate: Jurnal Ilmiah Indonesia Pena Justisia: Media Komunikasi dan Kajian Hukum Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon Devotion: Journal of Research and Community Service International Journal of Social Service and Research Jurnal Impresi Indonesia Indonesian Journal of Multidisciplinary Science Journal of Social Research Journal Of World Science Journal of Legal and Cultural Analytics (JLCA) Edunity: Kajian Ilmu Sosial dan Pendidikan Journal Research of Social Science, Economics, and Management Asian Journal of Social and Humanities Jurnal Greenation Sosial dan Politik
Rahman, Alip
Unknown Affiliation
Religion Humanities Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Other

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Journal : Asian Journal of Social and Humanities

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Juridical Study of Customary Law In The Indonesian National Legal System Setiawan, Irgi; Muzaffar Wahyu, Ariq; Rahman, Alip; Sutrisno, Anom
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.317

Abstract

Customary law, as an integral part of the cultural and social identity of Indonesian society, has an important role in shaping the norms and values that prevail in various communities. This study aims to examine the juridical aspects of the recognition and application of customary law within the national legal framework, focusing on the constitution, laws, and regulations governing customary law. The research method used is the normative juridical method with an analytical-descriptive approach. The data analysed consisted of primary legal sources, such as the 1945 Constitution, laws, and court decisions, as well as secondary legal sources, including legal literature and previous research. The results show that although customary law is constitutionally recognised, there are significant challenges in its implementation at the national level. This is mainly due to the existence of legal dualism, norm conflicts between customary law and national law, and the lack of harmonisation in legislation governing the existence of customary law. The study concludes that further efforts are needed to harmonise customary law with national law through legislative reform, legal education, and public awareness raising. Thus, customary law can function effectively and fairly in the national legal system, while preserving Indonesia's cultural diversity.
Legal Aspects In Handling Money Laundering Cases In Indonesia Riswanto, Riswanto; Akbar Rachmatullah, Muhammad; Rahman, Alip; Dikrurahman, Diky
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.318

Abstract

Money laundering poses a serious threat to the integrity of the financial system and the stability of society, prompting the need for effective handling from all parties involved. This research discusses the legal aspects of handling money laundering cases in Indonesia. Using a descriptive-analytical qualitative approach, this study analyses the existing legal framework, its implementation in law enforcement practice, and the challenges faced by law enforcement officials in handling money laundering cases. Data was collected through literature study and analysis of money laundering cases that have been decided by the court. The results show that although Law No. 8/2010 has provided a strong legal foundation, there are still challenges in its implementation including limited resources, inter-agency coordination, and the development of increasingly sophisticated money laundering methods. Based on these findings, this research presents policy recommendations to strengthen law enforcement in handling money laundering offences in Indonesia.
Analysis of the Legal Effects of Default in the Sale and Purchase Agreement for Agricultural Facilities against the Parties (Case Study of District Court Decision Source Number 30/Pdt.G/2022/PN Sbr) Rahmah Nurazizah, Maulina; Shabrinah, Luthfiyah; Mayana, Sinta; Rahman, Alip; Dikrurahman, Diky
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.326

Abstract

The legal basis for assessing a default case is Article 1238 of the Civil Code which explains that a default occurs when the debtor does not fulfill its obligations according to the agreement. A tort lawsuit is a civil lawsuit that refers to default in an agreement and is submitted through a lawsuit letter, where letter evidence has an important role in proving the claim. In the decision of this case, the court considers the evidence and suitability between the claim and the relevant legal basis for making a decision in the case. Factors such as the location of the collateral object, differences in the name of the landowner, and the clarity of the goods auctioned are the main considerations in determining the granting of the lawsuit and the rejection of the application for auction of collateral. The results showed that the Source District Court used Article 1238 of the Civil Code as a legal basis in assessing cases of default in the sale and purchase agreement of agricultural facilities, with a letter of agreement as the main evidence. The factors that caused some of the Plaintiff's claims to be granted and some of the Defendants' requests for auction of debt collateral were the discrepancy between the description of the lawsuit and the evidence of the letter submitted, especially regarding the location of the collateral object, differences in the name of the landowner, and the vagueness of the goods to be auctioned.
Co-Authors Abdul Azis Akbar Rachmatullah, Muhammad Alif Darmawan, Rifqi Anom Sutrisno Ari Nurhaqi Athur, Mohamad Aulia, Puput Azizi, Fatih Muhammad Basujata, Tatang Cahyo Rosanto, Tibar Carla, Bella Choeirunnissa, Julia Chusmayadi, Omay Crismayudhi, Helvin Daulay, Annisa Angraini Dikrurahman, Diky Dimyati, Agus Endang Sutrisno Fadhlurrahman Rosyid, Rifqi Frans Setiawan, Frans Hardiansyah, Reza Harmono , Harmono Harmono, Harmono Indah Lestari, Putri Irawan Pratama Putra, Puji Jatmika, Bambang Dwi Juliansyah Nugrah, Maulana Fajar Junaedi, Oding Karmana, Gadis Reyatezar Khoirunissa, Alisha Fasya Kirana, Dwi Paksi Komala Sari, Surti Kurnia, Andini Laksana, Aji Indra Mahesa Rizki Diputra, Muhammad Manurung, Arthur Kusuma Atmaja Martia, Lita Mayana, Sinta muhammad rizky, muhammad Mundzir Rasyid, Abal Muzaffar Wahyu, Ariq Nafik, Ainun Nasution, Mohamad Rizki Noviandy, Mochamad Ryan Panca Nugraha, Aditya Prasetyawan, Tegar Eka Prayitno, Arief Priadinata, Alko Purnama, Akmal Ramdhan Purnama, Ikmal Ramdhan RAHMADINA, Adji Annisa Rahmah Nurazizah, Maulina Rahmawati, Sindy Dwi riswanto riswanto Safiranata, Arisandy Septiani, Dini Septiatiarini, Nadia Setiawan, Irgi Shabrinah, Luthfiyah Situmorang , Martin Supriyadi, Yodi Wangi, Feri Wardi Wardi Waskim, Waskim Zidan, Muhamad