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Legal Pluralism in the Tayade System: Reconciling Land and Plant Ownership Laws in Gorontalo Hijrah Lahaling; Arhjayati Rahim; Sumiyati Beddu; Dzikra Ridha Dwi Aribah; Saharuddin Saharuddin
Jurnal Ilmiah Al-Syir'ah Vol 23, No 1 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v23i1.3325

Abstract

This study examines the legal uncertainty surrounding the Tayade land and tree transaction system in Gorontalo, Indonesia, which lacks formal regulations under both positive and Islamic law. The Tayade system separates ownership rights between land and vegetation, resulting in dual ownership over a single plot. This research explores solutions to the dual ownership issue and its implications for land and tree owners. A comparative approach with descriptive methods was used, analyzing land and tree transaction rules from positive and Islamic law perspectives through a literature review. The findings reveal that the absence of clear regulations creates legal uncertainty and potential conflicts due to inconsistencies between Tayade customary law, positive law, and Islamic law. The study concludes that harmonizing these legal systems is essential for effectively managing land and vegetation rights. Such harmonization would strengthen legal certainty and reduce conflicts in transferring rights under the Tayade system. The study recommends the development of more specific regulations to govern the practice, ensuring more transparent and more appropriate legal frameworks for the community.
Law Enforcement Against Juvenile Sexual Offenders Under Indonesia’s Juvenile Justice System: A North Gorontalo District Police Study Dedi; Hijrah Lahaling; Apriyanto Nusa
Jurnal Hukum In Concreto Vol. 5 No. 2 (2026): Jurnal Hukum In Concreto Volume 5 Nomor 2 2026
Publisher : LPPM Universitas Harapan Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35960/inconcreto.v5i2.2519

Abstract

This study aims to analyze law enforcement against children in conflict with the law in sexual abuse cases under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System at the North Gorontalo District Police. Despite growing literature on restorative justice and juvenile justice in Indonesia, limited empirical attention has been given to how district-level police institutions balance criminal accountability, child protection, and victim interests in juvenile sexual abuse cases. This research employed an empirical legal method using statutory, conceptual, and socio-legal approaches. Data were obtained through observation, interviews with investigators from the Women and Children Protection Unit, and review of relevant legal documents and literature. The findings show that law enforcement is implemented through repressive and preventive approaches. Repressive measures include investigation, summons, examination, and evidence collection, while preventive measures involve legal education, community supervision, and institutional coordination. Implementation remains constrained by non-cooperative juvenile offenders, weak community participation, limited legal awareness, and insufficient coordination among police, families, schools, and child protection institutions. Cases recorded from 2023 to 2025, involving offenders aged 15 to 16 years, indicate a recurring problem requiring an integrated response. This study contributes empirical insight into the gap between juvenile justice norms and their practical implementation at the district police level. It concludes that effective law enforcement must integrate criminal accountability, restorative justice, victim protection, child rehabilitation, and community-based prevention.