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All Journal El-Mujtama: Jurnal Pengabdian Masyarakat Forschungsforum Law Journal
Gulshan, Nadia
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Religion Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Penerapan Hukum Adat di Indonesia dalam Penyelesaian Perkara Pidana pada Kasus Pencurian Sepatu di Aceh Putri, Meisya Assyifa; Nareswari, Naura; Adawiah, Helmy Robiatul; Gulshan, Nadia; Anargya, Audri Razan
El-Mujtama: Jurnal Pengabdian Masyarakat Vol 4 No 2 (2024): El-Mujtama: Jurnal Pengabdian Masyarakat
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/elmujtama.v4i2.5988

Abstract

Custom norms that develop in society in traditions and customs passed down from generation to generation are the customary law. In contrast to positive law, which is based on accepted social norms and covers topics such as property ownership, inheritance, and marriage, negative law is based on facts. Discussion of traditional customs and values is the core of this system, that customary law has an impact on the social and economic life of the community that practices the law. In general, Customary Law is customary law, meaning that its provisions are based on the will of the community and can change over time, becoming non-written law that is recognized by communities everywhere. This nation also recognizes Adat as a valid form of law. When Indonesia became a nation, one of the things created and contained in the 1945 Constitution was the supremacy of law. As written in article 18B paragraph 2 of the 1945 Constitution, “which explains that Indonesia as a country recognizes and respects the unity of customary law communities and their traditional rights as long as they are still alive and in accordance with the development of society and also the principles of the Republic of Indonesia or the Unitary State of the Republic of Indonesia, as stated in regulated in law.” This law can also be said to be one of the oldest laws when compared to other legal systems in Indonesia because it has been passed down from generation to generation by the people.
Problematika Hukum Pagar Laut yang Berdampak pada Mata Pencaharian Nelayan di Tangerang, Banten Amalia, Selma Dwi; Gulshan, Nadia; Ningrum, Chantika Gina; Izazqi, Radhitya
Forschungsforum Law Journal Vol 2 No 02 (2025): MEI
Publisher : Fakultas Hukum |Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/flj.v2i02.10822

Abstract

Abstract: Various legal, economic, social, and environmental issues have arisen due to the construction of a 30.16-kilometer-long sea barrier in the waters of Tangerang. The presence of this barrier prevents fishermen from accessing their fishing grounds, leading to a decline in fish catch, increased operational costs, and frequent vessel damage. Additionally, the sea barrier negatively impacts the marine ecosystem by disrupting water flow and accelerating sedimentation, which can harm marine habitats. From a legal perspective, the sea barrier violates several national laws and international law under UNCLOS. This study employs a normative juridical method with a statutory and case study approach. The findings indicate that the construction of the sea barrier benefits business interests more than the well-being of coastal communities, contradicting the principles of social justice and public interest. Therefore, the government must take firm legal action and implement policies that prioritize the interests of affected communities to mitigate the negative social and environmental impacts of the sea barrier. Keywords: Sea Barrier, Fishermen, Maritime Law, Social Justice, UNCLOS.
Co-Authors Adawiah, Helmy Robiatul Amalia, Selma Dwi Anargya, Audri Razan Izazqi, Radhitya Nareswari, Naura Ningrum, Chantika Gina Putri, Meisya Assyifa