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All Journal Doktrin: Jurnal Dunia Ilmu Hukum dan Politik International Journal of Sociology and Law
Hamid Noor Yasin
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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The Position of Customary Criminal Law in Positive Law in Indonesia Hamid Noor Yasin; Ade Saptomo
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2592

Abstract

This research explores the status of customary criminal law in the context of positive law in Indonesia. Customary criminal law, as an integral part of the cultural heritage of Indonesian society, has values and norms that have developed from generation to generation. However, in an era of increasingly structured positive law, fundamental questions arise regarding the extent to which customary criminal law is accommodated and recognized by the formal legal system. This research uses a normative legal approach to analyze statutory regulations, court decisions, and related legal literature. Research findings identify that although customary criminal law is not explicitly regulated in the national positive law system, there are certain efforts to recognize and respect its existence. In this context, this research explores the concept of integrating customary criminal law into a positive legal system as a medium of preserving legal plurality and realizing local justice. Apart from that, this analysis also discusses the challenges and potential conflicts between customary criminal law and modern positive law principles, as well as efforts that can be made to achieve harmony between the two. In conclusion, this research contributes to a better understanding of the status of customary criminal law in the context of positive law in Indonesia, by highlighting important aspects to be considered in developing inclusive and just legal policies. This research is in the form of a research article.
Analysis of DPR Policy in Rejecting the Transfer of the Capital City of Jakarta to the Capital of Nusantara Hamid Noor Yasin; Megawati Barthos
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.182

Abstract

The relocation of Jakarta's capital to the National Capital Region (IKN) has sparked a heated debate in public policy circles. This article delves into the reasons why the House of Representatives (DPR) rejected the proposal, highlighting several key factors. The financial aspect was a major concern, given the high cost of building new infrastructure in IKN Nusantara, particularly in light of limited state funds and other development priorities. The social impact was also an important consideration, as population displacement, changes in lifestyle, and economic uncertainty were among the many potential consequences of moving the capital. Additionally, environmental issues such as ecosystem damage and increased pollution were also significant points of concern. Political stability was another crucial factor in the DPR's decision, as the potential disruption to stability caused by the move would need to be carefully assessed. The DPR has emphasized the importance of broad public consultation to ensure that any proposed relocation is supported by the community. An article highlights South Africa's successful capital relocation as an example of effective planning, strong public participation, and the resolution of infrastructure issues. These remarks can be applied to the Indonesian context to achieve a successful relocation.
Co-Authors Ade Saptomo Megawati Barthos