Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : journal of development research

Customary Law Problems Against the Application of Santet from the Perspective of Indonesian Islamic Law Mansur, Mochamad; Lesmana, Ryan Fachryan; Mangar, Irma
Journal of Development Research Vol. 9 No. 1 (2025): Volume 9, Number 1, May 2025
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v9i1.464

Abstract

In the modern era and the super sophisticated era like today, there are still many people who believe and use the so-called witchcraft and the increasing popularity of mass media, both print and electronic, related to it. This is because materialistic culture has distanced some of humanity from religious values and norms. This research uses a descriptive method of analysis, namely by collecting, studying, analyzing and interpreting and explaining data related to Customary Law Problems in the Application of Santet Reviewed from Indonesian Islamic Law, the belief in the existence of supernatural powers in Indonesia is a culture that has existed for a long time from the community. The belief in supernatural powers has caused many paranormal practices or shamans in people's lives, the results of this study show that in a community dominated by certain beliefs and religions, the members are not only residents of the village unit according to the law, but also traditional indigenous people and religious citizens who adhere to their respective beliefs, then it is clear that in customary law there is no room for magic acts (Santet).
Reconstruction of the Digital Asset Execution Mechanism in the Indonesian Civil Law Framework Mansur, Moch; Mangar, Irma; Saputra, Toni Eka
Journal of Development Research Vol. 10 No. 1 (2026): Volume 10, Number 1, May 2026
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v10i1.522

Abstract

The development of digital assets as a new form of wealth poses serious challenges to Indonesian civil law, especially in terms of recognition and enforcement mechanisms. This study aims to analyze the extent to which Indonesia's civil law is currently able to accommodate the existence of digital assets and formulate a reconstruction of the ideal execution mechanism to ensure legal certainty and effectiveness in the implementation of court decisions. The research method used is normative legal research with a legislative and conceptual approach, through literature studies on primary, secondary, and tertiary legal materials. The results of the study show that Indonesia's civil law still faces conceptual and normative limitations in qualifying digital assets as legal objects, and does not yet have an execution mechanism that is adaptive to the characteristics of digital assets that are technology-based, intangible, and cross-jurisdictional. The existing execution mechanism is still oriented towards physical mastery, so it is not effective in reaching digital assets based on access control and cryptography. Therefore, a comprehensive legal reconstruction is needed, including affirming the legal status of digital assets as a civil law object with special characteristics, the development of an execution mechanism based on access control, the involvement of third parties (intermediaries), as well as the use of technology and strengthening cross-jurisdictional cooperation. This reconstruction is expected to create an adaptive legal system, provide legal certainty, and ensure the effectiveness of the implementation of court decisions in the digital era.