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Journal : Jurnal Akta

The Position of Traditional Law as a Source of Law in the Civil Law System in Indonesia Dedi Iskandar; Nelvitia Purba; Ismed Batubara; Yeltriana Yeltriana
Jurnal Akta Vol 9, No 3 (2022): September 2022
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v9i3.26719

Abstract

Indonesian law essentially comes from four sources of law, namely customary law, Islamic law, ex-colonial law and ratified international treaties. But what makes it sad is that from these four sources of law, customary law is left behind or forgotten, it looks inferior compared to other laws. In scientific forums it is only used as research material and academic studies and is narrated rhetorically. Against this background, the problem studied in this research is how the position of customary law in the national legal system with a civil law pattern in Indonesia is. The research method used is normative juridical sourced from primary, secondary and tertiary legal materials. The results show that traces of customary law are scattered in legislation, as legal principles in positive law in Indonesia and also in jurisprudence. Research findings that customary law fulfills two requirements of reality and ideals as the primary source of law in Indonesian legislation.
The Reconstruction of Investment Law based on Social Justice Batubara, Ismed; Yeltriana, Yeltriana; Saragih, Alkausar
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.44560

Abstract

Investments and aspirations towards social justice are interrelated and influence each other. A well-planned investment begins with legal drafting and a wise effort to potentially become a major force in achieving social justice. For this reason, a thorough approach is needed in designing and implementing investments, taking into account the social and environmental impacts that may arise. This research aims to know the reconstruction of investment law based on social justice as the ideal of social justice is not just a wish, but can be realized through sustainable and comprehensive investments. The research used normative legal research, which is used as the opposite of the empirical/sociological legal research method. The result showed a well-planned investment begins with legal drafting and a wise effort to potentially become a major force in achieving social justice. For this reason, a thorough approach is needed in designing and implementing investments, taking into account the social and environmental impacts that may arise. In this way, the ideal of social justice is not just a wish, but can be realized through sustainable and comprehensive investments.
Collective Labor Agreements (CLA) in Foreign Capital Companies: Gustav Radbruch's Perspective Yeltriana, Yeltriana; Batubara, Ismed; Saragih, Alkausar
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.44643

Abstract

Analysis of Collective Labor Agreements in ultinational corporation through the lens of Gustav Radbruch's theory underlines the importance of material justice, legal certainty, and the conformity between legality and morality in industrial relations. Radbruch's theory provides a comprehensive framework for evaluating the fairness and effectiveness of Collective labor Agreements, emphasizing the important role of trade unions in protecting workers' rights and ensuring fair implementation of Collective labor Agrements. The application of Radbruch's principles in this context requires active cooperation from all stakeholders, including the government, employers, and trade unions. The government has the responsibility to create a legal environment that supports justice and legal certainty, while employers must respect workers' rights and comply with the contents of Collective labor Agreements. Trade unions, as representatives of workers, have a crucial role in ensuring that workers' voices and interests are heard and considered in the process of negotiating and implementing Collective labor Agreements