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All Journal Journal of the Community Development in Asia International Journal of Accounting & Finance in Asia Pasific
Mawuntu, J. Ronald
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance

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Journal : Journal of the Community Development in Asia

 1 
The Existence of Nedosa Customary Offence in the Sangihe Community Related to the Development and Renewal of the National Criminal Law Barama, Michael; Mawuntu, J. Ronald; Waha, Caecilia J. J.; Sondakh, Jemmy
Journal of The Community Development in Asia Vol 5, No 1 (2022): January 2022
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v5i1.1393

Abstract

The purpose of this research is to conduct an analysis and study related to how the existence of the Nedosa offense as a Sangihe customary crime and how this offense is included in the renewal of the national criminal law. The prohibition of Nedosa is still existed nowadays and is obeyed by the community and traditional leaders, the settlement is still using customary law methods even though the judicial system has been implemented by the general court. By using a normative juridical research method that focuses on the study of documents and legal materials, both laws and customary decisions are found to be (1) Judiciary, using Law No. 1 Drt/1951 concerning Provisional Measures to Organize Unitary Powers and Procedures for Civil Courts. (2) The case of Donor or “Blood Pollution” (Delik Nedosa) is a unique crime that only exists in the Sangihe Talaud Customary Rules. Both 1917 and 1932 customary rules as well as the 1951 declaration stated that marriage is forbidden between people whose families are in a straight line up and down, cousins, and siblings. The maximum penalty is 5 years in prison. Therefore, the role of the Nedosa offense is very important in the customary law which is still respected and obeyed by the Sangihe Talaud community today. Nedosa's offense is wider than Zinah in the Criminal Code because this offense is related to religion and the perpetrator will be thrown into the sea.
Competency Standards for Law Enforcement Officials in Land Disputes Resolution Through General Court in Indonesia Lontoh, Rielly; Maramis, Ronny A.; Mawuntu, J. Ronald; Konoras, Abdurrahman
Journal of The Community Development in Asia Vol 4, No 3 (2021): September 2021
Publisher : AIBPM Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32535/jcda.v4i3.1177

Abstract

The role of the judiciary, law enforcement officials in the resolution of disputes is important. The number of disputes is increased, many authorities in Indonesia produce multiple decisions with conflicting legal force making it difficult to execute. The purpose of the study was to find the standardization of competency of law enforcement officials, the relationship between the professionalism of law enforcement officials and legal certainty in the settlement of land disputes as mandated by Article 33 paragraph (3) of the 1945 Constitution and the Basic Agrarian Law Number 5/1960. Settlement of land disputes is achieved through the General Court and the Administrative Court. The existence of regulations regarding competency standards for law enforcement officials who handle land disputes for the sake of fair settlement of land disputes and legal certainty.
Co-Authors Abdurrahman Konoras Jemmy Sondakh, Jemmy Lontoh, Rielly Michael Barama, Michael Panjaitan, Budi H. Ronny A. Maramis Waha, Caecilia J. J.