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Yoshida, Kunihiko
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Development of a Disaster Mitigation Model Based on Local Wisdom Ikbal, Mohammad; Syamsuddin, Adiesty Septhiany; Korompot, Ratu Ratna; Yoshida, Kunihiko
Jambe Law Journal Vol. 6 No. 1 (2023)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.6.1.47-67

Abstract

In recent years, earthquake mitigation is no longer dominated by pure science, but it moves towards various approaches based on sociology and anthropology. The main question of this paper is how local wisdom affect the way the people of Palu City faced disasters before there were legal arrangements and legislation regarding disasters and how to integrate this knowledge with the legal substance formulated by the government. Despite having a disaster mitigation policy, the local community and local government showed no disaster preparedness resulting in insurmountable victims and damage, even though they already live in a disaster-prone area. Therefore, a better system based on the integration of local wisdom that is obeyed by the local community needs to be established. Local wisdom is part of the Indonesian legal system, as it can be used as a material source for legislation. Through this research, we explored the possibility of accommodating local wisdom into the government's policy in the form of legislation using a case study from Pasigala, the region that used to be most heavily impacted by the 2018 earthquake. As a result, a model of disaster mitigation based on local wisdom was created and can be implemented as a local policy
Comparison of the Implementation of Good Faith in Indonesia, China, and Japan: Building Legal Harmonization Miarsa, Fajar Rachmad Dwi; Zamroni, M.; Yoshida, Kunihiko
SASI Volume 31 Issue 2, June 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v31i2.2932

Abstract

Introduction: The principle of good faith in contract law serves as a guiding principle for fairness, predictability, and trust in legal transactions. This principle, while universally recognized, finds varying interpretations and applications across different legal systems, reflecting the influence of their unique legal traditions, historical contexts, and legal cultures.Purposes of the Research: The principle of good faith in contract law serves as a guiding principle for fairness, predictability, and trust in legal transactions. This principle, while universally recognized, finds varying interpretations and applications across different legal systems, reflecting the influence of their unique legal traditions, historical contexts, and legal cultures.Methods of the Research: The research utilizes a multifaceted comparative legal research methodology. It combines doctrinal analysis of relevant legal provisions and case studies to illuminate the practical application of good faith in contract law. This approach goes beyond a mere textual analysis of legal provisions, providing a nuanced understanding of how good faith operates in practice within each jurisdiction.Results of the Research: The analysis reveals significant variations in the application of the good faith principle across jurisdictions, reflecting the influence of different legal traditions, historical contexts, and legal cultures. The research will highlight specific examples of how good faith is interpreted and applied in each jurisdiction, highlighting its impact on contract formation, performance, and termination.