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All Journal JHCLS Pancasila: Jurnal Keindonesiaan SCLS
Hattori, Mariko
Unknown Affiliation
Religion Humanities Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Indonesia's Directive Legislation: Balancing with Pancasila Law-Idea Hermanto, Bagus; Subawa, Made; Hattori, Mariko; Ivory, Jared
Pancasila: Jurnal Keindonesiaan Vol. 4 No. 2 (2024): VOLUME 4 ISSUE 2, OCTOBER 2024
Publisher : Badan Pembinaan Ideologi Pancasila

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52738/pjk.v4i2.568

Abstract

The implementation of the Omnibus Law in the formation of laws and regulations in Indonesia commenced with the introduction of directive legislation in a range of sectors. Conversely, the Omnibus Law has given rise to a number of issues, particularly in relation to the Pancasila law-idea. This is because the Omnibus Law is perceived to be at odds with the Pancasila law-idea, with critics arguing that it fails to reflect the spirit of Pancasila in terms of both practice and legislative methodology. This paper aims to examine, evaluate and identify potential avenues for the development of national regulations in alignment with the principles of the Omnibus Law, taking into account the role of Pancasila as an ideological and legal foundation. This paper demonstrates that the Pancasila idea-law can serve to balance and harmonise the various understandings held by countries around the world, particularly in relation to the application of the Pancasila law-idea as a foundation in the practice of Omnibus Law and the formation of national regulations.
The Validity of Sanctions Arrangements in Regional Regulations Astariyani, Ni Luh Gede; Hattori, Mariko; Hanum , Willy Naresta
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.313

Abstract

The principle of lower-level legislation in the hierarchy of legislation must not conflict with higher-level regulations and must be enforced. This includes regional regulations whose administrative sanction content must not deviate from higher-level regulations. This study aims to determine the validity of regional regulations in regulating the content of sanctions, the regulation of sanctions for regional head regulations that do not comply with the rules above them, and how binding they are when applied. The research method used is the normative legal method, including the approach to legislation and legal concepts. The comparative method is also used to compare this issue with Japan. The results of this study indicate that there is disharmony between regional regulations and their implementing regulations due to the lack of detailed regulations on the content of regional head regulations, which has the potential to cause deviations in the content and affect the validity of the legal product. This has a negative impact and confuses at the implementation level, especially on the content of sanctions that are not in sync with the rules above them. Meanwhile, in Japan, Japanese administrative sanctions are contained in a very structured and standardized manner to minimize inconsistencies in regulations at the regional level. Therefore, the formation of material content regarding sanctions in implementing regulations must be based on legal validity, both materially and formally.
QUESTIONING THE ROLE OF ADAT CRIMINAL LAW IN INDONESIA’S CRIMINAL CODE REFORM: A POST-KUHP 2023 PERSPECTIVE Hermanto, Bagus; Putra, Rengga Kusuma; Nugroho, Aziz Widhi; Hattori, Mariko; Yusa, I Gede; Ardani, Ni Ketut
Sriwijaya Crimen and Legal Studies Volume 3 Issue 1 June 2025
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v3i1.4727

Abstract

The enactment of Law Number 1 of 2023 concerning the New Indonesian Criminal Code (KUHP 2023) marks a significant shift in Indonesia’s legal landscape, particularly concerning the recognition and integration of Adat Criminal Law within the national legal framework. This study explores the future prospects of Indonesia’s criminal law reform, focusing on the coexistence of statutory and customary law, judicial application of adat norms, human rights considerations, local governance roles, public perception, and policy directions. Using a normative juridical approach, the research examines the legal, sociological, and political justifications for adat law recognition, its challenges in enforcement, and the implications for Indonesia’s legal pluralism. Key findings highlight the complexities of judicial discretion in applying adat law, the need for harmonization with constitutional protections, and public attitudes toward adat-based justice mechanisms. Additionally, this study proposes policy recommendations for ensuring legal certainty, judicial training, and technological advancements in adat law documentation. By addressing these challenges, Indonesia can establish a balanced legal system that respects customary traditions while aligning with national and international legal standards.
Co-Authors Ardani, Ni Ketut Hanum , Willy Naresta Hermanto, Bagus I Gede Yusa Ivory, Jared Made Subawa Ni Luh Gede Astariyani Nugroho, Aziz Widhi Putra, Rengga Kusuma