Claim Missing Document
Check
Articles

Found 25 Documents
Search

Integration Of Customary Legal Values And Modern Mediation In The Framework Of Land Dispute Resolution Lubis, Ikhsan; Lubis, Duma Indah Sari; Lubis, Andi Hakim
Ilmu Hukum Prima (IHP) Vol. 8 No. 1 (2025): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v8i1.5781

Abstract

This study delves into the integration of customary law values with modern mediation in resolving land disputes in Indonesia, often marked by tensions between individual and communal interests as well as between customary law and national law. Employing a normative legal research methodology, this investigation explores relevant regulations, including the Basic Agrarian Law (UUPA) and the Law on Arbitration and Alternative Dispute Resolution, to understand how to harmonize the principles of customary law and mediation without undermining the supremacy of law at the national level. The research identifies two core issues: how distributive and procedural justice can be realized through this integration. Findings indicate that formal recognition of customary mediation outcomes and a comprehensive regulatory framework are crucial for establishing a fair and effective dispute resolution mechanism. This study advocates for the development of regulations that celebrate legal diversity, positioning land dispute resolution as a process that interweaves human values with local wisdom while simultaneously reinforcing the legitimacy of customary law within the national legal framework.
The Role of Notaries in Making International Grant Deeds: A Legal Study of Cross-Border Grant Regulations Lubis, Ikhsan; Lubis, Duma Indah Sari; Lubis, Andi Hakim
Ultimate Journal of Legal Studies Vol. 3 No. 1 (2025): Current Legal Developments
Publisher : Talenta Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Amidst the roaring tide of globalization, cross-border transactions—particularly in the realm of gifts—emerge as a landscape rife with legal challenges. A complex tapestry weaves itself from the threads of differing legal systems, document validity, and the unavoidable nuances of international recognition. In this arena, notaries stand as pillars of trust, ensuring that gift deeds transcend mere text to become legitimate statements acknowledged across jurisdictions. This study seeks to delve deeper into the role of notaries in crafting international gift deeds while identifying the hurdles they face: from bewildering regulatory differences and intricate tax provisions to the advent of underutilized new technologies. The research employs a normative legal approach, analyzing both national and international regulations. Law No. 2 of 2014 concerning Notary Services and the Hague Convention serve as lenses through which to comprehend how public documents achieve global recognition. Furthermore, legal principles such as lex loci celebrationis and the principle of mutual recognition are explored as foundations for resolving emerging cross-border legal issues. In conclusion, notaries play a vital role in upholding legal certainty in cross-border gift transactions. They are not merely navigators in a tumultuous sea of law but also connectors that bring clarity amidst confusion. It is recommended that notaries continually sharpen their skills and knowledge of international law as a proactive step to enhance services in an increasingly dynamic landscape of cross-border transactions.
Justice based corruption eradication policy: A comparison between Indonesia and Denmark Siagian, Fahrizal S.; Lubis, Andi Hakim; Salwa, Nabila Afifah; Firouzfar, Saied
Integritas: Jurnal Antikorupsi Vol. 10 No. 1 (2024): INTEGRITAS: Jurnal Antikorupsi
Publisher : Komisi Pemberantasan Korupsi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32697/integritas.v10i1.1134

Abstract

: This research was conducted to obtain an explanation of corruption eradication policies in Denmark and Indonesia. In addition, to find out the justice-based corruption eradication policy in a comparative study of Indonesia and Denmark. This research uses a normative juridical method with a literature study. Based on this, the required results are that corruption eradication policies in Indonesia and Denmark have significant differences. Denmark inserts corruption eradication provisions into each of its laws and regulations and uses a strict element of transparency in state financial management. Denmark utilizes social sanctions supported by the legal culture of its highly law-abiding society. Second, the policy reconstruction that can be used in Indonesia to eradicate corruption adopts the Danish policy. Namely, the anti-corruption agency with independent status integrates corruption eradication regulations into national legislation emphasizing strict sanctions and transparency of state financial management correlated with the wealth of state officials. The independence of the Corruption Eradication Commission is crucial. Applying Denmark’s mechanisms could lead to a breakthrough in corruption eradication in Indonesia.
Reconstruction of National Land Law Based on Social Justice and Agrarian Reform Lubis, Ikhsan; Lubis, Duma Indah Sari; Lubis, Andi Hakim
Marcapada: Jurnal Kebijakan Pertanahan Vol. 5 No. 1 (2025): Marcapada: Jurnal Kebijakan Pertanahan
Publisher : Sekolah Tinggi Pertanahan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31292/mj.v5i1.157

Abstract

This study aims to analyze and reconstruct the national land law system in Indonesia based on the principles of social justice and the social function of land. The main focus of this research is to identify challenges in the implementation of social justice principles, including agrarian conflicts, legal uncertainty, and the marginalization of indigenous communities. The methodology employed is normative legal research, with data collection entailing the examination of secondary documents pertinent to the execution of the Basic Agrarian Law (UUPA). The results of the study indicate that the reconstruction of the land law system based on social justice and the social function of land can improve community access to land resources, reduce conflict, and encourage sustainable development. These findings also suggest the need for policy reform and more effective law enforcement to address social dynamics on the ground. Policymakers can expect this research to provide recommendations for the formulation of regulations that are fairer and more responsive to community needs.
APPLICATION OF CRIMINAL SANCTIONS IN LAW NUMBER 41 OF 2014 CONCERNING ANIMAL HUSBANDRY AND HEALTH (STUDY AT THE DELI SERDANG REGENCY AGRICULTURE OFFICE) Tukijo, Tukijo; Isnaini, Isnaini; Lubis, Andi Hakim
SOSIOEDUKASI Vol 15 No 1 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i1.7372

Abstract

This research aims to analyze the application of criminal sanctions in Law Number 41 of 2014, which plays a crucial role in supporting national food security in the livestock and animal health sector. This law stipulates strict criminal sanctions for violations such as animal abuse, the slaughter of productive fe males, and the distribution of illegal animal products. However, its implementation in Deli Serdang Regency still faces obstacles, such as weak law enforcement, limited resources, and low public awareness. Based on these issues, the research questions are formulated as follows: First, are the criminal sanctions stipulated in Law Number 41 of 2014 effective in preventing violations in the animal health sector? Second, how are the criminal sanctions in Law Number 41 of 2014 concerning Livestock and Animal Health applied to violations in the livestock sector? And Third, what are the obstacles faced in the implementation of criminal sanctions in Law Number 41 of 2014, both in terms of law enforcement and socio-economic aspects of society? The method used in this study is empirical juridical with observation data collection, interviews and document studies, while data analysis uses descriptive analysis. This study found that although normatively Law No. 41/2014 regulates strict criminal sanctions (for example, Articles 86 and 87), its effectiveness in preventing violations in the field of animal health is not optimal. The application of criminal sanctions for violations in the livestock sector (for example, cultivation without a permit, use of non-standard feed, illegal slaughter) is also not consistent, often hampered by the complexity of technical and scientific evidence, as well as the tendency for case resolution to end in coaching or administrative sanctions. The main obstacles faced include the difficulty of proving technical criminal elements, limited human resource capacity (HR) of law enforcement officers in understanding aspects of livestock and animal health, lack of coordination between institutions, and limited facilities and infrastructure (for example, testing laboratories). From a socio-economic perspective, obstacles arise from low legal understanding and awareness among livestock businesses, particularly small-scale ones, as well as economic pressures that encourage them to ignore standards for the sake of profit.