Claim Missing Document
Check
Articles

Found 15 Documents
Search

Juridical Study of Customary Law In The Indonesian National Legal System Setiawan, Irgi; Muzaffar Wahyu, Ariq; Rahman, Alip; Sutrisno, Anom
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

Abstract

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.
Legal Analysis of the Enforcement of Electronic ID Cards Valid for Life Against Credit Guarantee Institutions Handayani, Meri; Pratisto, Andito Galih; Rido, Muhammad Rasyid; Dimyati, Agus; Sutrisno, Anom
Asian Journal of Social and Humanities Vol. 3 No. 10 (2025): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v3i10.592

Abstract

Electronic ID cards (e-KTPs) issued since 2011 or 2012 remain valid for life, even after they expire. Electronic ID cards (e-KTPs) do not need to be renewed, as they remain valid for life even after they expire. However, in practice, some banks and financial institutions still refuse to accept lifetime ID cards as a requirement for credit. This research uses both normative and empirical juridical methods to describe the issues surrounding legal awareness regarding expired e-KTPs following the issuance of Circular Letter No. 470/296/SJ concerning Electronic ID Cards (e-KTPs) with lifetime validity. In accordance with legal studies, the approach used is problem-based. To strengthen the analysis and complement secondary data, field research will be conducted to obtain primary data. The data obtained will then be presented in descriptive and conceptual form. ACC Finance as the party providing the credit guarantee will reject the customer's credit if the completeness of the credit requirements uses an expired Electronic KTP but is valid for life for fear that the customer's citizenship is unclear and is already a company provision even though based on Law Number 24 of 2013 concerning Amendments to Law Number 23 of 2006 concerning Population Administration, specifically Article 64 paragraph (7) letter a, Circular of the Minister of Home Affairs No. 470/296/SJ which states that an expired Electronic KTP is still valid and does not need to be extended because the validity period of the Electronic KTP is for life. Based on the background that has been presented, there are several problems that can be identified as follows: legal analysis of the rejection of a lifetime Electronic KTP by a credit guarantee institution as a credit requirement? and What are the legal remedies for the rejection of a lifetime E-KTP as a credit requirement by a credit guarantee institution?
Legal Compliance and Regulatory Challenges Towards The Use of AI Algorithms in Facial Recognition Systems in Public Secrets Sutrisno, Anom
Indonesian Cyber Law Review Vol. 2 No. 2 (2025): Indonesian Cyber Law Review
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/iclr.v2i2.34

Abstract

This study examines legal compliance and regulatory challenges in the use of AI algorithms for facial recognition systems in the public sector, with a comparative analysis between Indonesia and neighboring countries such as Singapore, Malaysia, and Thailand. The study uses a qualitative comparative approach based on legal documentation and regulatory analysis to explore the extent to which public institutions comply with applicable laws and regulations, identify regulatory gaps, and assess accountability and transparency mechanisms. The findings indicate that Indonesia exhibits moderate legal compliance due to limited technical guidelines, inconsistent internal monitoring, and underdeveloped audit procedures, while Singapore and Malaysia demonstrate higher levels of compliance supported by adaptive regulations, systematic audits, and comprehensive technical procedures. Regulatory challenges in Indonesia include slow adaptation of laws to rapidly evolving AI technologies, inadequate oversight, and unclear operational procedures, which can increase the risk of data misuse and undermine public trust. The study concludes that strengthening technical guidelines, conducting regular audits, increasing transparency, and adopting best practices from neighboring countries are important steps to improve legal compliance and effective AI regulation in the Indonesian public sector. This research contributes to policymaking and academic understanding of AI governance in public institutions.
Study Of The Legal Responsibility Of Developers For The Provision Of Public Facilities And Social Facilities M.Ali Iskandar; Rafli Wahyu Indrianto; Moh Abyan Nurfikri; Agus Dimyati; Anom Sutrisno
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

Abstract

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) Alip Rahman; Anom Sutrisno; Lita Martia; Feri Wangi
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

Abstract

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.