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All Journal Jurnal Impresi Indonesia Journal of Social Research Edunity: Kajian Ilmu Sosial dan Pendidikan Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Return : Study of Management, Economic and Bussines Cerdika: Jurnal Ilmiah Indonesia Jurnal Ekonomi, Teknologi dan Bisnis Hakim: Jurnal Ilmu Hukum dan Sosial Asian Journal of Social and Humanities Cognitionis Civitatis et Politicae Rechtsnormen: Journal of Law
Ade Saptomo
Universitas Borobudur
Religion Humanities Astronomy Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mechanical Engineering Public Health Social Sciences

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Reconstruction Discourse Justice Criminal Law as an Ideal Model for Implementing Restorative Justice Satria Dwie Raharja; Ade Saptomo
Jurnal Impresi Indonesia Vol. 3 No. 12 (2024): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v3i12.5732

Abstract

T The criminal justice system in Indonesia faces various challenges, including legal inefficiency, high recidivism rates, and inadequate victim protection. The punishment-oriented system often neglects the need for victim recovery and social recovery. This study aims to develop an ideal model for implementing restorative justice within the Indonesian legal framework by considering the principles of customary law that have long been practiced in society. This study uses a normative legal approach by analyzing legislation, literature studies, and comparative assessments of restorative justice practices in various countries. Primary and secondary legal materials are used to explore the application of restorative justice at the police, prosecution, and court levels. The findings reveal several barriers to implementing restorative justice in Indonesia, such as regulatory misalignment across law enforcement agencies, limited human resource training, and lack of public awareness. However, the study highlights significant potential for adopting the restorative justice model through integrating local values, law enforcement training, and a comprehensive regulatory framework. The implications of this study emphasize the need for more inclusive policy reforms, strengthening collaboration between legal institutions, and public education to increase the acceptance of restorative justice as an alternative method of resolving criminal cases. Proper implementation is expected to create a more just, more humane, and socially restorative legal system.
Quo Vadis Protection of Human Rights in Coercive Confiscation Efforts Taufik Tri Prabowo; Ade Saptomo
Cerdika: Jurnal Ilmiah Indonesia Vol. 4 No. 12 (2024): Cerdika: Jurnal Ilmiah Indonesia
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/cerdika.v4i12.2317

Abstract

The protection of human rights in the context of compulsory seizure efforts remains a topic of debate in legal practice in Indonesia. Seizures are often carried out without regard for fundamental individual rights, resulting in the potential for human rights violations, particularly concerning property rights and justice. This study aims to examine how human rights protections are implemented in the seizure procedures undertaken by law enforcement officials. The research method employed is normative juridical, utilizing an approach based on statutory regulations, case studies, and legal doctrine analysis. Data collected are qualitatively analyzed through literature reviews and eval_uations of relevant cases. The findings indicate that while there are regulations governing seizure procedures, their implementation often does not align with human rights principles. There is an urgent need for improvements in oversight mechanisms and accountability in the seizure process to prevent abuse of power. This research recommends reinforcing standard operating procedures that adhere to respect for human rights and stringent oversight in every seizure action.
Complexity of Agrarian Law Regulations in Disputes over Unauthorized Use of Land Dedy Cahyadi; Ade Saptomo
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1692

Abstract

Background: The complexity of agrarian law regulation in Indonesia has led to significant legal uncertainty and social conflicts, particularly regarding unauthorized land use. Land, as a vital resource in agrarian societies, often becomes the center of disputes due to ineffective land administration, the misuse of land certificates, and corrupt practices. Objective: This study aims to analyze the challenges in agrarian law regulation and propose measures to address disputes over unauthorized land possession. Methodology: Using a normative legal research method, this study examines relevant regulations, including Law No. 5 of 1960 on the Basic Agrarian Law, through legislative and conceptual approaches. Findings: The research identifies key challenges, such as inefficiencies in land administration, abuse of legal documentation, and systemic corruption. To resolve these issues, improvements in the land administration system, stricter enforcement of laws, and increased legal awareness among the public are necessary. Conclusion: The study concludes that more effective agrarian policies are essential to address disputes over unauthorized land use, ensuring legal certainty and minimizing conflicts.
Comparison Of Customary Law In Indonesia And Australia From The Terms Of Customary Rights Of Customary Law Communities M Najib Ibrahim; Ade Saptomo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3370

Abstract

The research aims to analyze and compare aspects of customary rights in the context of customary law in Indonesia and Australia. Customary privileges are an integral part of the life of customary law communities, which include traditional rights to land. This comparison provides in-depth insight into how two countries with different cultural and legal backgrounds manage and protect the ancestral land rights of their customary law communities. This study uses comparative legal procedures to explore the development, protection, and implementation of conventional rights in the two countries. Factors such as the history of colonialism, legislative changes, and local cultural influences play an important role in shaping the legal framework regarding customary rights. This analysis also includes case studies to provide a concrete picture of how traditional liberties are implemented in real situations in customary law communities. The findings of this research can provide a better view of the challenges and opportunities faced by customary law civilizations in defending the sustainability of their customary freedoms amidst the dynamics of modernization and globalization. In addition, this comparison can be a basis for improving policies and a better legal framework to ensure fair and sustainable protection of customary rights for customary law communities in both countries. This analysis presents a cross-cultural understanding of the management of customary rights and the potential integration of traditional law principles in a modern legal context.
Comparison Of The Customary Legal System And The National Legal System: The Case Of Arrested Marriage In Sumba, East Nusa Tenggara Dhani Kristianto; Ade Saptomo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3383

Abstract

This research aims to analyze the comparison between the Customary Legal System and the National Legal System in the context of legal practice related to arrest marriage cases in Sumba, East Nusa Tenggara. The main focus of this research is to understand how these two legal systems interact and influence each other, especially in handling cases of arrested marriages involving the people of Sumba. The Customary Law System in Sumba has unique and traditional norms relating to captive marriages, which often differ from the norms found in the national legal system. This gap creates challenges in enforcing the law and protecting individual rights, especially for the women involved in the cases. This study contributes to our understanding of the complex dynamics between the Customary Legal System and the National Legal System in Indonesia, by providing in-depth insight into the implementation of the law in the context of arrest marriage cases. The implications of this research can be used as a basis for revising or developing legal policies that are more inclusive and just at the local and national levels.  
Application Of The Acehnese Customary Legal System And National Legal System In Combating Theft By Child Offenders Adhitya Anugrah Nasution; Ade Saptomo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3384

Abstract

The research seeks to analyze the application of the Acehnese Customary Legal System and the National Legal System in dealing with acts of theft involving child perpetrators. Aceh, as a region with unique cultural riches and customary laws, has the potential to combine local values with national laws in upholding justice. The research results show that the Acehnese Customary Law System, which is recognized by Law Number 11 of 2006, has the potential to provide alternative solutions that are by local values in dealing with acts of theft involving child perpetrators. However, several obstacles in implementation need to be considered, such as coordination between customary and national legal institutions. In conclusion, this research suggests that integration between the Acehnese Customary Legal System and the National Legal System can increase effectiveness in dealing with theft involving child perpetrators. Joint efforts are needed from the government, legal institutions, and society to ensure that children's rights are protected without ignoring the local values that apply in Acehnese society.
Comparison Of Sanctions For The Crime Of Adultery In Toraja Customary Law And National Law In Indonesia Sugeng Muntaha; Ade Saptomo
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 3 No. 1 (2024): Maret: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v3i1.3385

Abstract

This research aims to analyze the comparison of sanctions for the crime of adultery in the context of Toraja customary law and national law in Indonesia. Adultery is a violation of social norms that has legal implications, but handling can differ between customary law and national law. The research method used is a descriptive-analytical approach by collecting data from primary and secondary sources. The research results show that in Toraja customary law, sanctions for the crime of adultery tend to be restorative in nature and involve customary deliberation to achieve reconciliation between the parties concerned. On the other hand, national law in Indonesia regulates sanctions for the crime of adultery through criminal law instruments with the potential for a prison sentence. This comparison provides an in-depth understanding of the differences in approaches between customary law and national law in dealing with the crime of adultery. The implications include the need for harmonization or synchronization between customary law and national law to ensure justice and sustainability of legal norms in society. This research can be the basis for improving legal regulations that are more inclusive and in line with local values and community needs.
Co-Authors Adhitya Anugrah Nasution Annisa Erikha Bastoni Purnama Cepi Noval Dedy Cahyadi Dhani Kristianto Dicki Agri Kurniawan Hasan Basri Hendra Gunawan M Najib Ibrahim M. Sunandar Yuwono Satria Dwie Raharja Sugeng Muntaha Taufik Tri Prabowo Umar Maksum Yanwiyatono Prastyanto