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Juridical Study of Customary Law In The Indonesian National Legal System Irgi Setiawan; Ariq Muzaffar Wahyu; Alip Rahman; Anom Sutrisno
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.317

Customary law, as an integral part of the cultural and social identity of Indonesian society, has an important role in shaping the norms and values that prevail in various communities. This study aims to examine the juridical aspects of the recognition and application of customary law within the national legal framework, focusing on the constitution, laws, and regulations governing customary law. The research method used is the normative juridical method with an analytical-descriptive approach. The data analysed consisted of primary legal sources, such as the 1945 Constitution, laws, and court decisions, as well as secondary legal sources, including legal literature and previous research. The results show that although customary law is constitutionally recognised, there are significant challenges in its implementation at the national level. This is mainly due to the existence of legal dualism, norm conflicts between customary law and national law, and the lack of harmonisation in legislation governing the existence of customary law. The study concludes that further efforts are needed to harmonise customary law with national law through legislative reform, legal education, and public awareness raising. Thus, customary law can function effectively and fairly in the national legal system, while preserving Indonesia's cultural diversity.

Juridical Study of Customary Law In The Indonesian National Legal System Irgi Setiawan; Ariq Muzaffar Wahyu; Alip Rahman; Anom Sutrisno
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.317

Customary law, as an integral part of the cultural and social identity of Indonesian society, has an important role in shaping the norms and values that prevail in various communities. This study aims to examine the juridical aspects of the recognition and application of customary law within the national legal framework, focusing on the constitution, laws, and regulations governing customary law. The research method used is the normative juridical method with an analytical-descriptive approach. The data analysed consisted of primary legal sources, such as the 1945 Constitution, laws, and court decisions, as well as secondary legal sources, including legal literature and previous research. The results show that although customary law is constitutionally recognised, there are significant challenges in its implementation at the national level. This is mainly due to the existence of legal dualism, norm conflicts between customary law and national law, and the lack of harmonisation in legislation governing the existence of customary law. The study concludes that further efforts are needed to harmonise customary law with national law through legislative reform, legal education, and public awareness raising. Thus, customary law can function effectively and fairly in the national legal system, while preserving Indonesia's cultural diversity.

Law Enforcement of Symbolic Violence against Women in the Context of the Domestic Violence Eradication Law Maulida, Irma; Faturachman, Dadan Taufik; Noupel, Muhamad; Harliyanto, Rois; Sutrisno, Anom; Ika Putri, Dessy; Azizah, Nur Alma
Jurnal Legisci Vol 2 No 5 (2025): Vol 2 No 5 April 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i5.651

Background, The notion of domestic violence, frequently rationalized by the general populace, predominantly manifests as physical aggression. However, the inclination to prioritize physical and interpersonal dimensions of violence obscures the recognition of non-physical forms, leading to the conclusion that violence is inherently subjective. Several cases of symbolic violence often appear in society, one of which is about expressing a wife's feelings of sadness and disappointment for accepting her husband's betrayal in a marriage relationship that has been lived for years even though it does not physically hurt, but this violence can occur because of masculine dominance. This dominant position of men contributes to symbolic violence as a result of patriarchal culture. Aim, This research aims to identify the factors contributing to symbolic violence against women within households that persist in a patriarchal culture and to examine law enforcement related to symbolic violence against women in the context of the Law on the Elimination of Domestic Violence. Methods, This research employs a normative juridical approach, focusing on the implementation of laws against symbolic violence towards women as examined through the Law on the Elimination of Domestic Violence. Data gathering methods included in this study include literature analysis, interviews, and observations. Results, Numerous victims of domestic violence remain hesitant or afraid to report the abuse they have endured. This is affected by multiple factors, including the stigma associated with domestic violence, economic reliance on the abuser, and the inadequate response of law enforcement officials. Conclusions, By combining effective prevention and intervention approaches, this effort is believed to not only reduce cases of symbolic violence but also improve family relationships, create a more harmonious society, and support the comprehensive elimination of domestic violence. Implication, The findings of this study indicate that law enforcement on the Law on the Elimination of Domestic Violence in Cirebon necessitates more enhancement and oversight, particularly with symbolic violence against women inside the domestic context.

Juridical Analysis of the Handling of Terrorism Crime Hariwijaya, Dhanu; Irfanto, Herry; SP, Fadhli Ghifari; Dimyati, Agus; Sutrisno, Anom
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 9 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i9.299

The research aims to study the police's countermeasures for dealing with acts of terrorism in Cirebon Regency, Indonesia. This study uses a normative juridical approach, focusing on analyzing legal regulations and their application in practice. The study identifies that although laws and regulations such as Law Number 5 of 2018 provide a strong legal basis, implementation still faces challenges related to the effectiveness of coordination between law enforcement officials and intelligence agencies. The findings of this study also contribute to the development of law and public policy in Indonesia by providing a solid academic foundation to support necessary regulatory changes or adjustments. The results of this analysis can help policymakers in formulating more responsive and adaptive strategies in dealing with the threat of terrorist, so as to create a stronger legal system and be able to protect society more comprehensively.

Problems of the Implementation of Diversion in the Case of Children who Use Narcotics in the Police Jenitasari, Silviyanica; Maharani, Deswita; Maulana, Rizki; Dimyati, Agus; Sutrisno, Anom
International Journal of Social Service and Research Vol. 5 No. 5 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i5.1229

The Indonesian Government's policy in dealing with drug abuse cases as stated in Law No. 35/2009 on Narcotics, basically still categorizes drug abuse as a criminal act, with the threat of criminal punishment regardless of the age of the perpetrator. Although the law applies a double track system, namely the imposition of prison sentences that can be accompanied by rehabilitation measures. In particular, in handling cases of children involved in drug abuse, Law No. 11/2012 on the Juvenile Criminal Justice System mandates that case resolution must prioritize diversion efforts. The main reason for the implementation of diversion is in line with the philosophy of the juvenile criminal justice system, which focuses on the protection and rehabilitation of children who commit criminal offenses. The methodology used in the preparation of this scientific work is descriptive analytical, by describing the problems found, then conducting a study and analysis of them based on primary, secondary and tertiary legal materials. The approach used is normative juridical, which is an approach by examining and analyzing secondary data related to the law. The results showed that in the implementation of diversion for children who abuse narcotics, investigators are required to ask for consideration or input from Community Supervisors shortly after a criminal offense report or complaint is received. Police officers have a goal to resolve cases through diversion mechanisms, so that children who are perpetrators of narcotics abuse are not sentenced to criminal penalties.

JURIDICAL REVIEW OF THE ROLE OF THE POLICE OF THE REPUBLIC OF INDONESIA IN LAW ENFORCEMENT IN THE CASE OF STUDENT BRAWLS ON THE STREET OF STRUGGLE Nurfaidah, Gina; Sabila, Nabilatus; Chabibaturrochbiyyah, Chabibaturrochbiyyah; Sutrisno, Anom
Jurnal Abdisci Vol 2 No 9 (2025): Vol 2 No 9 Tahun 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v2i9.693

Abstract. Background. Brawls between students in Indonesia, especially in Cirebon City, especially on Jalan Perjuangan, Kesambi District, have disturbed the community. Brawls are triggered by the desire to show strength or defend the group, which even damages the community. Aims. This study aims to analyze the role of the Kesambi Cirebon City Police in handling cases of brawls between students and the law enforcement efforts carried out. Methods. The research method is an empirical juridical approach with qualitative and descriptive techniques. The data was obtained through interviews with police officers and the public. Result. The study's results show that the Kesambi Cirebon City Police have made preventive and repressive efforts, such as the Police Goes to School program and student raids. Conclusion. However, preventive and repressive efforts have not been able to overcome the root of the problem of student brawls comprehensively. Implementation. To effectively and sustainably address the problem of student brawls, a more comprehensive approach involving character education, stricter supervision, and stricter law enforcement is needed.

Legal Protection of The Fulfillment of The Right To Public Health Through The Establishment of Regional Regulations For Smoke-Free Areas Galih Pratisto, Andito; Sabela, Adine; Fikriyansyah, Arisy; Dimyati, Agus; Sutrisno, Anom
Devotion : Journal of Research and Community Service Vol. 5 No. 9 (2024): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i9.775

Based on the results of research in Majalengka Regency, it is very clear that the community wants a clean and healthy environment without exposure to cigarette smoke. Therefore, the Regional Government of Majalengka Regency needs to do to create a healthy and clean environment, so this needs to be a step to secure cigarettes for the health of both active and passive smokers through the establishment of a Smoke-Free Zone (KTR). Based on the above background, the purpose of this writing is as follows: a) To be able to find out what is the cause of the lack of a Regional Regulation on Non-Smoking Areas (KTR) in Majalengka Regency. b) To be able to find out what are the implications of the establishment of the Regional Regulation of Non-Smoking Areas (KTR) on the protection of the right to health in Majalengka Regency. The research method used is sociological juridical, which is legal research by looking at law as human behavior in society and then studied and reviewed based on relevant laws and regulations as a reference to solve problems. From a health perspective, cigarettes are the cause of death and pain that cause human misery and a decrease in quality of life and are contrary to Indonesia's human development. From a social and economic point of view, bad behavior of cigarette consumption violates human rights and is a means of impoverishing people. Based on the legal aspect, cigarettes are addictive substances which need to be regulated for the security of both production, distribution and use.

Analysis of the Effectiveness of the Application of Restorative Justice in Criminal Cases in Indonesia Alif Darmawan, Rifqi; Mahesa Rizki Diputra, Muhammad; Rahman, Alip; Sutrisno, Anom
Journal of World Science Vol. 3 No. 5 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i5.612

This research examines the application of restorative justice in Indonesia's criminal justice system, focusing on analyzing its effectiveness in resolving criminal cases. This research aims to examine the application of restorative justice in the criminal justice system in Indonesia, with a focus on analysing its effectiveness in resolving criminal cases. Restorative justice emphasizes victim recovery, offender responsibility, and community reconciliation as an alternative to the traditional punishment-based retributive approach. The research method used is a normative legal study with a qualitative approach and secondary data from a literature review, including books, scientific journals, research reports, and official documents. The research findings show that restorative justice has been successfully applied in several cases, especially minor crimes, with more satisfactory outcomes for victims and better offender rehabilitation. However, there are obstacles, such as limited resources, lack of community understanding, and challenges in the mediation process. Training for mediators, increased public awareness, and supportive policy changes are recommended to improve its effectiveness. The implications of this research indicate the need for legal reforms to integrate restorative justice more broadly in the criminal justice system in Indonesia in order to create a more just and sustainable legal environment.

Study Of The Legal Responsibility Of Developers For The Provision Of Public Facilities And Social Facilities Iskandar, M.Ali; Indrianto, Rafli Wahyu; Nurfikri, Moh Abyan; Dimyati, Agus; Sutrisno, Anom
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 8 (2024): Edunity : Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i8.301

The enforcement of law is an integral aspect of the legal system's functioning, and it is often criticized with phrases like "no viral, no justice" or "law is sharp downwards, blunt upwards." In this context, how does the philosophy of law play a role in upholding the integrity of law enforcement, and how can a legal enforcement system be grounded in the rationality of legal philosophy. The provision of public facilities and social facilities in housing is needed for the welfare and comfort of the community in housing. The provision of these facilities involves developers and the Government. In accordance with Cirebon Regency Regional Regulation No. 7 of 2015 the implementation of the provision of infrastructure and facilities in housing refers to the principles of openness, accountability, legal certainty, partiality, and sustainability. In connection with this, the purpose of this paper is to be able to find out the Developer's responsibility in carrying out the procurement of public facilities and social facilities as a condition of submission of housing to the Local Government. The method of approach used here is socio-legal which is associated with social problems. Related to the management of infrastructure and facilities in housing is still a problem, namely the developer has not submitted housing facilities to the Local Government. This happened due to the default of the developer to consumers and the lack of assertiveness of the Regional Government in implementing Government Regulation No. 6 of 2015.

Legal Protection for Victims of Online Gender-Based Violence (Cyber-Based Violence) Rahman, Alip; Sutrisno, Anom; Martia, Lita; Wangi, Feri
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 3 No. 12 (2024): Edunity: Social and Educational Studies
Publisher : PT Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/edunity.v3i12.350

Online gender-based violence is a serious problem that negatively impacts victims physically, psychologically and socially. This research aims to analyze the legal protection of victims of cyber-based violence in Indonesia, focusing on existing regulations and their implementation. The method used in this research is a normative research method with a juridical-analytical approach, where data is collected through a literature study of relevant laws and regulations, legal documents, and previous research related to online gender-based violence. The results show that Law No. 12 of 2022 on the Crime of Sexual Violence provides a strong legal basis for victim protection, including the right to assistance, temporary protection, and recovery. In addition, regulations regarding the removal of content involving victims are an important step in reducing further impact. However, this research also found challenges in law enforcement, public awareness, and training of law enforcement officers that need to be strengthened in order for victim protection to be implemented effectively. This research is expected to contribute to improving the understanding and effectiveness of legal protection for victims of online gender-based violence in Indonesia.

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