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Ramifications of Divorce by Dayak Customary Law: Exploring Legal Consequences in Indonesian Legal System Itok Dwi Kurniawan; Ismawati Septiningsih; Jose Gama Santos
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2091

Abstract

This research explains the consequences of divorce according to the laws of the Dayak traditional community in Central Kalimantan province. The research method used is normative using primary and secondary legal materials. Customary law is one of the laws recognized in Indonesia. Customary law in Central Kalimantan is implemented by the existence of Dayak traditional institutions in Central Kalimantan which have been outlined in Central Kalimantan Province Regional Regulation No. 16 of 2008 and Central Kalimantan Governor Regulation no. 13 of 2009 concerning Dayak Traditional Institutions in Central Kalimantan. It is clear that customary law is a separate legal system so that it is different from other legal systems. The results of this research show that the consequences of divorce carried out by the Dayak traditional community are not only regulated by positive law in force in Indonesia, namely Law Number 1 of 1974 concerning Marriage, but are also regulated by Dayak customary law based on Regional Regulations. Kalimantan Province Regional Regulations. 16 of 2008 concerning Dayak Traditional Institutions in Central Kalimantan, there are Dayak customary punishments and marriage agreements carried out by parties from the Dayak traditional community.
Strategy for Optimizing Corruption Eradication in Indonesia Ismawati Septiningsih
Journal of Cross Knowledge Cross Inovation
Publisher : edujavare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70610/jck.v2i1.336

Abstract

The eradication of corruption in Indonesia is still not optimal, as can be seen from the many incomplete judicial processes for corruptors, and the trend of low sentences for corruptors. Apart from that, in terms of recovering assets resulting from corruption, it is also not optimal so that corruption eradication activities are less effective. This research will examine strategies for optimizing the eradication of corruption in Indonesia. This research uses normative legal research methods with a statutory approach. The results of this research are that strategies for optimizing the eradication of corruption can be pursued by imposing the heaviest sanctions for perpetrators of corruption, including criminal sanctions, fines, replacement money, reverse evidence accumulated with money laundering crimes and if possible applying social sanctions
LEGAL PROTECTION FOR CREDITORS IN ENHANCING TRUST IN CREDIT AGREEMENTS WITH MORTGAGE RIGHTS AS COLLATERAL Itok Dwi Kurniawan; Ismawati Septiningsih
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4788

Abstract

Economic and business development in Indonesia heavily relies on the role of financial institutions, especially banking, in providing capital through credit facilities. However, credit distribution also carries the risk of default, necessitating an adequate legal protection system for creditors. This research aims to analyze the legal protection for creditors in credit agreements with mortgage rights as collateral under Indonesian positive law, identify issues hindering its implementation, and formulate solutions to strengthen legal protection to increase creditor confidence. The study employs a normative legal research method with conceptual and statutory approaches, focusing on an in-depth analysis of creditor protection in credit agreements with mortgage rights through examination of legal principles, legal systematics, and relevant legislation. Data collection is conducted through literature study, while data analysis uses a qualitative method with a deductive approach, involving stages of identification, interpretation, consistency analysis, and synthesis to identify legal gaps and formulate recommendations for improving legal protection for creditors. The research results reveal that legal protection for creditors in credit agreements with mortgage rights in Indonesia faces several obstacles, including ineffective execution processes, limited collateral objects, lack of certainty in collateral valuation, limited capacity of registration institutions, and low public legal awareness. To address these issues, proposed solutions include optimizing execution implementation, expanding collateral objects, creating clear valuation guidelines, enhancing the National Land Agency's capacity, providing legal education to the public, improving relevant regulations, increasing inter-agency coordination, and strengthening supervision and law enforcement. The implementation of these measures is expected to increase creditor confidence, improve the investment climate, and promote economic growth while maintaining a balance of interests among all parties.