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All Journal BHIRAWA LAW JOURNAL MLJ Merdeka Law Journal
Ali Imron
Fakultas Hukum Universitas Merdeka Malang
Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Hak Tradisional Masyarakat Hukum Adat terhadap Tindakan Individualisasi Tanah Ulayat untuk Tujuan Komersial Stivani Marantika Poro; Ali Imron; Wika Yudha Shanty
Bhirawa Law Journal Vol 2, No 1 (2021): May 2021
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1067.472 KB) | DOI: 10.26905/blj.v2i1.5857

Abstract

The 1945 Constitution of the Republic of Indonesia has a very large role as the foundation of all existing laws and regulations in Indonesia. Including regarding the respect and recognition of customary law community units whose traditional rights as long as their existence still exist. In this paper, one of the examples taken by the authoris the indigenous people in the eastern part of East Nusa Tenggara Province, namely the indigenous people of Pubabu. The existence of the Pubabu indigenous people is very critical because the recognition they get is very weak. This causes their customary rights to be in a complicated position when it comes to dealing with the state’s right tocontrol. The local government seems to interfere with the rights of indigenous peoples because it is in the interests of the state. This certainly should not be done. Therefore, so that customary rights are not disturbed, let alone eliminating the right to control the state, it is necessary to have restrictions as well as strong legal protection from both the Central Government and the Regional Government, this is aimed at achieving the welfare of the customary law community and protection of the people. human rights, policies related to indigenous peoples must also be aspirational.
Lembaga Arisan Online dalam Perspektif Hubungan Hukum Perjanjian Era Fasira; Ali Imron
MLJ Merdeka Law Journal Vol 3, No 1 (2022): May 2022 MLJ Merdeka Law Journal
Publisher : Postgraduate University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/mlj.v3i1.7928

Abstract

The purpose of this research is to analyze the Arisan Online Institution in the Perspective of Agreement (Contract) Legal Relations. The existence of arisan institutions is a form of kinship relationship among local communities based on the principle of helping each other, mutual cooperation. Its existence from the past until now seems to want to say a million benefits. It is now not just a place to save money. When viewed from the contractual relationship, it is a form of association regulated in Article 1653 of the Civil Code.  There is a legal relationship between participants and managers in an arisan that is mutually agreed upon. The arisan relationship arises because of the agreement. From the agreement, rights and obligations arise. Participants have obligations that must be fulfilled, namely paying a sum of money according to the amount of arisan, while the manager is obliged to pay to participants if participants get arisan motels. The legal relationship between the collection of arisan arisan funds is that each independent collects a certain amount of funds, which will then be paid to each member in turn in the same value based on the agreement that has been made. This legal relationship is analogous to mutual insurance as stipulated in Article 286 of the KUHDDOI: https://doi.org/10.26905/mlj.v3i1.7928
Co-Authors Era Fasira Stivani Marantika Poro Wika Yudha Shanty, Wika Yudha