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All Journal AS-SIYASI JOURNAL OF CONSTITUTIONAL LAW Al-battar: Jurnal Pamungkas Hukum
Syuib, M.
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Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Equal Access to Justice for Persons with Disabilities: A Comparative Legal Analysis of Indonesia and Australia under the CPRD Syuib, M.
As-Siyasi: Journal of Constitutional Law Vol. 5 No. 1 (2025): As-Siyasi: Journal of Constitutional Law
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/as-siyasi.v5i1.26855

Abstract

Access to justice is a fundamental right for persons with disabilities, yet its realization remains challenging in many countries, including Australia and Indonesia. Both nations have ratified the Convention on the Rights of Persons with Disabilities (CRPD), committing to uphold disability rights across key areas such as legal reform, inclusive education, employment, social protection, and healthcare. However, practical implementation is hindered by inadequate resources, limited political will, persistent social stigma, and weak monitoring systems. This study compares how Australia and Indonesia interpret and apply the CRPD within their legal systems, aiming to identify lessons each country can learn from the other. Using a comparative, doctrinal legal research methodology supported by a qualitative, normative, and analytical approach. The study finds that while Australia offers more developed institutional mechanisms, it still faces accessibility issues in rural and Indigenous communities. Indonesia, meanwhile, struggles with enforcing existing laws and ensuring effective policy delivery. Despite having legal frameworks in place, both countries face ongoing barriers to practical access to justice for persons with disabilities. The study concludes that beyond legal commitments, comprehensive implementation, sustained funding, and intersectoral collaboration are essential to making the CRPD’s vision of equality and inclusion a lived reality. Mutual learning can help drive systemic improvements.
Legal Responsibility of Livestock Owners for Crop Damage: An Analysis of Article 84 (1) Qanun No. 3/2013 in Pidie Jaya Farisyi, Alvi; Syuib, M.; Iqbal, Muhammad; Liu, Ming Chou
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.507

Abstract

The formulation of qanun as a regional legal product should not only regulate administrative matters but also accommodate the living law within society. Article 84 paragraph (1) of Qanun of Pidie Jaya Regency Number 3 of 2013 recognizes that disputes related to livestock and animal health may be resolved through customary mechanisms. However, this recognition raises normative problems because it is not accompanied by clear regulations regarding implementation mechanisms, institutional integration, or the legal status of customary dispute settlements within the formal legal system. From the perspective of legal pluralism theory and legal norm theory, this condition indicates that the provision remains declarative rather than operational. This study aims to analyze the normative construction of the article and formulate a more operational normative reconstruction. The research employs a normative legal method using statutory and conceptual approaches. The findings show that Article 84 paragraph (1) does not regulate dispute settlement procedures, coordination between customary institutions and regional government authorities, or the legal consequences of customary settlement outcomes. Consequently, its effectiveness relies more on the social legitimacy of customary law than on formal legal structures. This study proposes a normative reconstruction emphasizing procedural clarity, documentation of customary deliberations, and institutional integration to strengthen legal certainty and harmonization between state law and customary law.
Co-Authors Farisyi, Alvi Liu, Ming Chou Muhammad Iqbal