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All Journal Jurnal Sains Student Research Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia
Rosmalinda Rosmalinda
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Law, Crime, Criminology & Criminal Justice Other

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PROGRES PENGAKUAN MASYARAKAT HUKUM ADAT DALAM SISTEM HUKUM DI INDONESIA Rahma Shartika; Nova Febrina Barus; Rosmalinda Rosmalinda
JOURNAL SAINS STUDENT RESEARCH Vol. 2 No. 5 (2024): Oktober : Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v2i5.2653

Abstract

This study discusses the progress of recognizing customary law communities within Indonesia's legal system. As a country rich in cultural and ethnic diversity, Indonesia has a wide array of customary laws that have existed since ancient times. These customary laws play a significant role in shaping written laws and regulating societal behavior and dispute resolution. The 1945 Constitution of the Republic of Indonesia Article 18B (2) provides a constitutional basis for recognizing and respecting customary law communities and their traditional rights. Although there has been progress in acknowledging and protecting the rights of customary law communities, various challenges remain in implementation and harmonization with positive law. This research employs a normative juridical method, using a statutory and historical approach. The results indicate that customary law has been officially recognized since the Dutch Colonial era, with a clearer recognition of customary law communities' rights emerging post-reform in 1998. In conclusion, recognizing customary law in Indonesia is a crucial step toward creating inclusive legal regulations, respecting cultural diversity, and promoting social justice and sustainable development.
SEJARAH PERKEMBANGAN PENGATURAN TINDAK PIDANA KORUPSI DI INDONESIA Franky Damanik; Finish Masa Derita Gea; Rosmalinda Rosmalinda
JOURNAL SAINS STUDENT RESEARCH Vol. 2 No. 5 (2024): Oktober : Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v2i5.2663

Abstract

Corruption is a problem that until now cannot be resolved and has caused quite large losses to the state. Reality shows that the value of state losses is much greater than the money that has been returned to the state. Corruption can paralyze national development. In society, this corrupt practice can be found in various modus operandi and can be carried out by anyone, from various social and economic strata. Talking about corruption cannot be separated from the long history of the legal system for criminal acts of corruption in Indonesia. The focus of this article will look at developments in handling corruption based on data released by relevant bodies and looking at the history of legal system policies related to the rules of criminal acts of corruption in Indonesia through comparisons from several eras. This writing tries to reveal interesting things related to the history of corruption criminal policies in Indonesia.
PENGARUH HUKUM ADAT TOBA ATAS STATUS PERKAWINAN SUKU BATAK TOBA Michael Gabriel Halomoan Angkat; Rosmalinda Rosmalinda
JOURNAL SAINS STUDENT RESEARCH Vol. 2 No. 5 (2024): Oktober : Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v2i5.2668

Abstract

The focus of this study aims to look at marriages in the Toba Batak community who marry between clans, which is a factor caused by globalization. The exogamous marriage process (marriage outside the clan group) is a characteristic of the marriage process of the Toba Batak community so that the Toba Batak community strictly prohibits marriages within the clan because marriages within the clan are considered incest. This research is a type of normative-empirical legal research (applied legal research). The research specifications used are descriptive analytical, namely research intended to look at humans and other conditions/symptoms that are occurring. The results of the research show that the Toba Batak traditional community, whose patrilineal kinship system and exogamous marriage system, has a customary provision that members of the same clan are prohibited from marrying, because the marriages they carry out are still related by blood or one ancestor. The prohibition on intermarriage between clans is absolute so that anyone who violates this prohibition must receive sanctions of their choice. Some of the sanctions include, namely, being expelled from family ties, couples who carry out inter-clan marriages are no longer related to the extended family and are not allowed to participate in all traditional activities, the couple is not allowed to remain in their residence within the scope of indigenous people, but were exiled because they were considered a disgrace within the Batak traditional community. It is recommended that parents teach or educate their children from a young age to understand the Toba Batak traditional rules, so that when they grow up, children who are going to get married can choose a life partner who does not conflict with Toba Batak customs and for Toba Batak traditional leaders to always provide customary understandings, especially regarding the prohibition of intermarriage, which is inherent and ingrained in the life of the Toba Batak traditional community so as to straighten out the understanding of the next generation of descendants of the Toba Batak traditional community with Batak culture.
IMPLIKASI SEJARAH HUKUM BAGI PEMBENTUKAN SISTEM HUKUM DI MASA DEPAN Citra Irwan Simbolon; Baginda Rizky Ariesvy Sitanggang; Rosmalinda Rosmalinda
JOURNAL SAINS STUDENT RESEARCH Vol. 2 No. 5 (2024): Oktober : Jurnal Sains Student Research
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jssr.v2i5.2700

Abstract

Etymologically, the term “law” (recht) originates from the Latin rectum, or also referred to as ius, meaning to regulate or command. This indicates that human life in society is inseparable from conflict, as reflected in the phrase “Ubi societas ibi ius”, which means Where there is society, there is law. Every historical legal event in Indonesia, from the development of law during the pre-colonial era, Dutch colonization, Japanese occupation, independence, to modern legal reforms, has shaped the legal system adopted by Indonesia today. Therefore, it is crucial to design a legal system that is more adaptive and responsive to the evolving challenges of the times. This research discusses the implications of legal history for the formation of future legal systems and explores how legal history can influence the development of Indonesia's legal framework in the future.The research method used is normative juridical (legal research), analyzing legal regulations, theories, and concepts related to the issues under investigation.The research results indicate that an understanding of legal history provides deeper insight into how laws are created, modified, and enforced. During the Dutch colonial period, the Indonesian legal system began to be influenced by Western law. The legal system in Indonesia is a blend of European law, religious law, and customary law. The majority of the adopted systems, both civil and criminal, are based on the Continental European legal system. Legal history not only offers insight into the evolution of law but also serves as a guide to avoid past mistakes and to build a more responsive, inclusive, and just legal system for all Indonesian citizens. It is recommended that legal education place greater emphasis on legal history, and the Indonesian legal system must quickly adapt to emerging issues such as digital privacy, artificial intelligence, and international agreements.
Pengaruh Hukum Adat Batak Sebagai Sumber dalam Hukum Waris di Indonesia Anugrah Septrianta Sitepu; Jefrizal Shadli Karo-Karo; Rosmalinda Rosmalinda
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 4 (2024): Oktober: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i4.551

Abstract

Inheritance law is a law that regulates the transfer of assets left by a deceased person and its consequences for his heirs. Inheritance law is one element of customary law in Indonesia. The patrilineal principle, in which inheritance prioritizes the male lineage, is upheld in Batak inheritance law. According to Batak customary law, men and women are treated differently. The type of research is normative juridical. The data source is a secondary data source. The nature of the research is descriptive analytical. Data collection techniques are literature studies and document studies. Data analysis uses a qualitative approach method. The purpose of this study is to determine the influence of the Batak customary law system as a source of inheritance law in Indonesia, and to determine the implementation of Batak customary law on inheritance law in Indonesia. The inheritance system in Batak society adheres to the Patrilineal Principle. In this principle, the position and influence of men in Batak customary inheritance law are very strong. According to civil law, inheritance is defined as a set of legal provisions that regulate the general legal consequences in the field of property law arising from a person's death. Based on this theory, it can be concluded that the position of Batak boys and girls in the inheritance distribution system and the application of customary law in the distribution of inheritance for boys and girls is in harmony. The Batak Toba customary inheritance law is the basis for the distribution of inheritance in its unique society. Its teachings that include inheritance flowing through the male line are cassation and dakdanak. According to the Batak Toba inheritance law, this uniqueness gives the status of first heir to the eldest son of the family, thus giving him his own identity. The customary inheritance law system in Indonesia generally tends to follow positive legal norms, although the principle of dakdanak emphasizes more on justice in the distribution of inheritance. However, when the legislation on Batak Toba customary inheritance is included in the framework of affirmative legislation, the situation becomes complicated. The principles of positive law that respect women's inheritance rights, especially those related to inheritance of movable property, conflict with the Batak Toba customary law system which automatically inherits property to sons from the paternal line. Positive law attempts to take this understanding into account, but there are still potential problems due to the fundamental differences between the two legal systems that must be resolved.
Co-Authors Anugrah Septrianta Sitepu Arief Syah Safrianto Baginda Rizky Ariesvy Sitanggang Citra Irwan Simbolon Finish Masa Derita Gea Franky Damanik Jefrizal Shadli Karo-Karo Michael Gabriel Halomoan Angkat Nova Febrina Barus Rahma Shartika