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Penerapan dan Relevansi Hukum Adat dalam Konteks Modern Robby Nurtresna; Sopiyati Sopiyati; Ogi Charis M. Arifin; Faiq Faiq; Anisa Nurul Hidayah; Rizka Sepriyanti; Asep Guntur; Tryola Nadia
Eksekusi : Jurnal Ilmu Hukum dan Administrasi Negara Vol. 2 No. 3 (2024): Agustus : Jurnal Ilmu Hukum dan Administrasi Negara
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/eksekusi.v2i3.1397

Abstract

Customary law is a legal system formed from the traditions and customs of local communities, which has evolved over centuries and become an integral part of the cultural identity of these communities. In the modern context, customary law faces significant challenges to remain relevant amidst the currents of globalization and the dominance of national law. This article explores the application and relevance of customary law in the contemporary era with a focus on case studies in several regions of Indonesia. This research employs qualitative methods with a hermeneutic approach to analyze data obtained from in-depth interviews with community leaders, academics, and legal practitioners. The findings indicate that customary law still plays a crucial role in dispute resolution and the maintenance of cultural identity in local communities. However, there are significant challenges related to harmonizing customary law with national law, especially regarding human rights protection and gender equality. This article also discusses efforts made by various stakeholders to sustain and develop customary law to be in line with contemporary developments, including formal recognition within the national legal system. In conclusion, customary law has great potential to contribute to the development of a more inclusive and diverse legal system, provided there is a commitment to addressing existing barrier.
Hukum Ekonomi: Analisis dan Implementasi Dalam Konteks Global Robby Nurtresna; Mabsuti Mabsuti; Sopiyati Sopiyati; Ogi Charis M. Arifin; Faiq Faiq; Anisa Nurul Hidayah; Rizka Sepriyanti; Asep Guntur; Tryola Nadia
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 3 (2024): September : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v1i3.452

Abstract

Economic law is a branch of law focused on regulating and overseeing economic activities, encompassing various fields such as corporate law, international trade, investment, competition, and consumer protection. In the era of globalization, the role of economic law becomes increasingly critical in creating economic stability and justice among nations. This study aims to analyze the role of economic law in regulating global economic activities, identify challenges and opportunities in its implementation, and provide policy recommendations to strengthen the application of economic law in various countries. Using a qualitative approach with document analysis methods, this research finds that power imbalances, transparency, corruption, and adaptation to technological changes are the main challenges in the implementation of economic law. However, opportunities to enhance the effectiveness of economic law exist through the strengthening of legal institutions, increased international cooperation, and the adoption of new technologies. The ASEAN case study shows that regional cooperation and free trade agreements can create a more open and competitive economic environment, despite ongoing challenges. This study concludes that economic law plays a crucial role in regulating and overseeing global economic activities and provides policy recommendations to improve its effectiveness.
Penerapan Hukum Pidana Adat dalam Kehidupan Masyarakat Baduy di Tengah Sistem Hukum Nasional Indonesia Sigit Kamseno; Saifun Nufus; Robby Nurtresna; Mabsuti Ibnu Marhas; Yayatul Mu’awanah; Deandra Ramadhan; Nilam Cahya Listyani; Eka Yulia Nengsih; Musa Bahri; Tryola Nadia
ALKHIDMAH: Jurnal Pengabdian dan Kemitraan Masyarakat Vol. 4 No. 1 (2026): Jurnal Pengabdian dan Kemitraan Masyarakat (ALKHIDMAH)
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/alkhidmah.v4i1.53

Abstract

Customary criminal law is an integral part of the living legal system within indigenous communities in Indonesia. One of the indigenous groups that consistently maintains and applies customary criminal law is the Baduy community in Lebak Regency, Banten Province. This study aims to analyze the implementation of Baduy customary criminal law, forms of customary violations and imposed sanctions, the role of customary institutions in resolving customary criminal cases, and its relevance within the Indonesian national legal system. This research employs a qualitative method with a juridical-empirical approach, using literature review and observation techniques. The findings indicate that Baduy customary criminal law is applied based on the principles of pikukuh karuhun, emphasizing the restoration of social and cosmic balance rather than retributive punishment. The resolution of customary violations is conducted through customary deliberation, with customary leaders playing a central role. Baduy customary criminal law has proven effective in maintaining social harmony within the indigenous community and aligns with the concept of restorative justice adopted in modern criminal law. This study concludes that Baduy customary criminal law remains relevant within Indonesia’s legal pluralism and can serve as a valuable reference for developing a more contextual and justice-oriented national legal system grounded in local wisdom.