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Journal : SASI

Comparison of Kerta Desa Bali and Malaysian Indigenous Court Karwiyah, Karwiyah; Judiasih, Sonny Dewi; Kusmayanti, Hazar
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.2322

Abstract

Introduction: Customary courts are institutions of dispute resolution that are alive and well in customary societies. Indonesia, which is not much different from Malaysia, has a similar culture and has customary courts. Kerta desa Bali is one of Indonesia's customary courts at the village level and in Malaysia there are indigenous court.Purposes of the Research: This research paper will discuss the comparison of kerta desa Bali courts and Malaysian indigenous court.Methods of the Research: This research uses a normative juridical approach. The research specification is descriptive analytical, namely by describing and comparing of kerta desa Bali and Malaysian indigenous court which are associated with regulations, legal theories, and community customs. The research stages use primary, secondary, and tertiary legal materials with data collection methods carried out through literature studies.Results of the Research: Kerta desa Bali sought to resolve disputes through deliberation and peace, although customary courts were not included in the judicial system, but did not absolutely reject dispute resolution mechanisms through customary courts. Meanwhile, Malaysia emphasizes that there are three judicial systems, namely district courts, sharia courts, and indigenous courts in Sabah and Sarawak, which have structures and according to the customs of the indigenous population.
Protection of Children's Rights: A Review of Child Marriage Policies in Indonesia, Malaysia, and India Kusmayanti, Hazar; Judiasih, Sonny Dewi; Yuanitasari, Deviana; Rajamanicham, Ramalinggam
SASI Volume 30 Issue 2, June 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i2.2044

Abstract

Introduction: Child marriage is a phenomenon that continues and develops, the low knowledge and understanding of the community towards the perception of marriage. Child marriage should not be allowed anywhere in the world as it is a practice that violates general human rights and discriminates against women. Purposes of the Research:  In this research, the author will compare the prevention of child marriage in Indonesia, Malaysia, and India.Methods of Research: This research uses a normative juridical approach method. Researchers will study and examine the factors that cause child marriage and its legal protection to prevent child protection in Indonesia, Malaysia, and India. This research uses descriptive analytical research specifications by determining the laws and regulations relating to legal theories that are the object of research.Results of the Research: Indonesia increased the minimum marriage age for both sexes from 18 to 19 with the enactment of Law No. 16 of 2019. Malaysia, meanwhile, sets a maximum marriage age of eighteen. Initiatives to reduce the legal age of marriage, especially for women, have been made in both nations for socio-political and socio-cultural reasons. Alongside these initiatives, India has also ratified several conventions designed to end child marriage. These include the 1976 International Covenant on Civil and Political Rights (ICCPR) and the 1976 International Covenant on Economic, Social, and Cultural Rights (ICESCR), as well as the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.
Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java Kusmayanti, Hazar; Kania, Dede; Sulastri, Dewi; Suhartini, Endeh; Rajamanickam, Ramalinggam
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1467

Abstract

Introduction:  The marriage law was carried out through a long process, due to, religions, or national interests. Marriages in Indonesia are not only based on the beliefs of official religions in Indonesia, but there are also marriages carried out by the Faith in God Almighty. One of the faith streams in Indonesia is the Sunda Wiwitan school. Purposes of the Research:  In this study, researchers were interested in examining magical religious practices in the marriages of the Sunda Wiwitan indigenous people of West Java.Methods of the Research: The approach method used in this study is normative juridical research through legal principles, legal systematics, legal synchronization, and legal comparison. Results of the Research: The results showed that the marriage practice of indigenous peoples who live the Sunda Wiwitan faith is still thick with its customary rituals, this is done as a process in fulfilling the practice of marriage as one of the important life phases for the Sunda Wiwitan community. The characteristics of marriage of indigenous peoples who live in Sunda Wiwitan in West Java, having the concept of marriage containing the meaning of the beginning of the single end so sawaji (initially one, finally so unified), Marriage must be monogamous which is approved by the parents of both parties and the prohibition of marriage for Sunda Wiwitan believers is to marry between nations (marrying people outside Indonesia).