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Lestari, Putu Ulandari Sri
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Harmonization of Levy System in Customary Village Referred to Mineral Mining Transporting Activity Lestari, Putu Ulandari Sri; Kartika, I Gusti Ayu Putri
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.v29i3.1395

Abstract

Introduction: The uncertainty surrounding levies on mineral mining transportation activities requires an observation of the legal concepts that have conceptualized the levies and the system that is being used. Therefore, there is a need for harmonization of the levy concept related to indigenous villages.Purposes of the Research: This study is aimed to determine the boundaries of authority of the Customary Village towards the implementation of state authority and the levy category for the mineral mining transportation.Methods of the Research: This study uses a normative research method because the legal issues discussed are related to the implementation of statutory norms, namely the Regional Regulations on Traditional Villages in Bali with higher statutory regulations, through a conceptual approach, as well as the snowball technique used in collecting legal materials with the technique such as descriptions, comparisons, evaluations, and arguments in analyzing legal materials.Results of the Research: The authority of the indigenous village to regulate the levies collected by the indigenous village as long as they do not conflict with higher regulations is considered valid. The concept of levies regulated in legislation classified as specific levies, as the object is the transportation of mineral mining, is not collected by force but voluntarily regarding the tariff amount, and has been agreed upon in the form of awig-awig (a social norm regulation of Balinese society) and can be categorized as a valid levy, as the levies imposed are not separated from the elements of Tri Hita Karana.
Restorative Justice in Customary Criminal Law in Indonesia: A Legal and Sociological Study Lestari, Putu Ulandari Sri; Sudharma, I Made
Jurnal Indonesia Sosial Sains Vol. 7 No. 5 (2026): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v7i5.2339

Abstract

Restorative justice has emerged as a critical response to the retributive paradigm in criminal justice systems, which often neglects victim recovery and social harmony. In Indonesia, this approach is not new but has long been embedded in customary criminal law as part of the living law, emphasizing deliberation, community involvement, and the restoration of social balance. This study aims to analyze the regulation of restorative justice in Indonesian positive law and to examine the urgency of reforming criminal procedural law through the integration of customary criminal law values. The research employs a normative legal method using statutory, conceptual, and historical approaches, supported by descriptive, argumentative, and evaluative analysis techniques. The findings reveal that although restorative justice has been recognized in several legal instruments, including Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and various internal regulations of law enforcement agencies, its regulation remains fragmented, sectoral, and not yet fully integrated into the national criminal procedural system. Meanwhile, customary criminal law demonstrates strong paradigmatic alignment with restorative justice, particularly in terms of community participation and social restoration. The study concludes that reforming national criminal law by integrating restorative justice principles based on customary law is essential to bridge the gap between positive law and living law, thereby fostering a more responsive, humane, and substantively just criminal justice system aligned with Indonesia's socio-cultural values.
Co-Authors I Gusti Ayu Putri Kartika, I Gusti Ayu Sudharma, I Made