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Journal : Enigma in Law

Balancing Technological Advancement and Regulatory Compliance: The Role of Administrative Coercion in Radio Frequency Spectrum Management Silaban, M. Bakti Saleh; Ramon Nofrial; Lagat Parroha Patar Siadari; Erniyanti; Surya Respationo
Enigma in Law Vol. 2 No. 2 (2024): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v2i2.65

Abstract

The radio frequency spectrum, an indispensable resource for wireless communication, is facing unprecedented demand due to the rapid proliferation of technologies. The efficient and compliant use of this finite resource is crucial to ensure seamless communication and prevent interference. Administrative coercion, a tool used by regulatory bodies to enforce compliance, plays a pivotal role in spectrum management. This paper explores the delicate balance between fostering technological advancement and maintaining regulatory compliance in the context of radio frequency spectrum management, with a focus on the role of administrative coercion. The research employs a mixed-method approach, combining a comprehensive literature review with empirical analysis. The literature review examines existing legal frameworks, regulatory policies, and scholarly works related to spectrum management and administrative coercion. The empirical analysis involves case studies of spectrum management practices in different regions, focusing on the application of administrative coercion. The data collected is analyzed to identify trends, challenges, and best practices in balancing technological advancement and regulatory compliance. The findings highlight the critical role of administrative coercion in ensuring the efficient and compliant use of the radio frequency spectrum. The study reveals that a well-structured and transparent administrative coercion framework can effectively deter non-compliance and promote responsible spectrum usage. However, the research also underscores the importance of striking a balance between enforcement and innovation. Overly stringent or arbitrary application of administrative coercion can stifle technological advancement and hinder the development of new wireless technologies. The study concludes that administrative coercion is an essential tool in radio frequency spectrum management, but its application requires careful consideration to balance the need for regulatory compliance with the imperative of technological advancement.
From Patrilineal Tradition to Gender Equity: The Evolution of Inheritance Law in Indonesia’s Batak Toba Community Silalahi, Dwi Grace Rosalia; Lagat Parroha Patar Siadari; Fadlan; Erniyanti; Soerya Respationo
Enigma in Law Vol. 2 No. 2 (2024): Enigma in Law
Publisher : Enigma Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61996/law.v2i2.66

Abstract

The Batak Toba community in Indonesia, traditionally governed by a patrilineal kinship system, has historically excluded women from inheritance rights. This deeply ingrained custom has perpetuated gender inequality within the community. However, the landscape of inheritance law has undergone significant transformation due to the influence of national legislation and landmark court rulings. This study explores the dynamic evolution of inheritance practices among the Batak Toba, tracing the shift from a patriarchal tradition to a more equitable system that recognizes the rights of women. This research employs a qualitative approach, combining legal analysis with empirical data gathered through interviews and case studies within the Batak Toba community. The study examines customary laws, national legislation, and judicial decisions to understand the legal framework governing inheritance. Additionally, it delves into the lived experiences of individuals within the community to capture the social and cultural dimensions of inheritance practices. The findings reveal a gradual but significant shift in inheritance practices among the Batak Toba. While the patrilineal tradition remains influential, there is growing recognition of women's inheritance rights. This change is attributed to several factors, including increased education, economic empowerment of women, and greater awareness of gender equality principles. The study also highlights the role of legal reforms and judicial activism in challenging discriminatory customary laws and promoting a more inclusive approach to inheritance. The evolution of inheritance law in the Batak Toba community reflects a broader societal transformation towards gender equity. While challenges persist, the study underscores the importance of continued legal reforms, community engagement, and education to ensure the full realization of women's inheritance rights. The findings offer valuable insights for policymakers, legal practitioners, and community leaders working towards a more just and equitable society.