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Integration of Customary Marriage Law Into Positive Law as Justice in Social and Legal Context Febrianty, Yenny; Azima Faturachman, Fauzan; Anjani, Maudy; Ahmad, Asmida; Putri, Viorizza Suciani
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5891

Abstract

Indigenous societies' social interactions are governed by customary law, which has a major impact on cultural identity. Conflicts between local customs and the standardized elements of positive law make it difficult to integrate customary marriage rules into Indonesia's national legal system. Indonesia acknowledges the importance of customary law, yet there is still inconsistency when it comes to marital customs and other areas where it is included in national laws. The goals of this research are twofold: first, to understand how positive law in Indonesia interacts with customary marital law, and second, to find ways to bring these two systems together in a way that promotes inclusivity, justice, and cultural diversity. This study utilizes a normative juridical method by conducting qualitative and comparative analyses of pertinent literature, legal concepts, and legislation. The article looks at marriage legislation from both a positive and traditional perspective, comparing and contrasting the two. In particular, the results show that there are substantial obstacles to bringing traditional marriage regulations into line with modern legal norms in the areas of marriage registration, gender equality, and the age of consent. The research suggests a mechanism for incorporating Indonesia's traditional marriage rules into the country's formal legal framework, with the goals of protecting cultural values and promoting social justice and human rights. Insights from this study may help academics, legal professionals, and legislators make national law more welcoming and sensitive to other cultures.
Analisis Hukum Terhadap Legalitas dan Implikasi Ekspor Pasir Laut Dalam Perspektif Hukum Tata Ruang dan Peraturan Pemerintah Nomor 26 Tahun 2023 Faturachman, Fauzan Azima; Anjani, Maudy; Zacharias, Vasco Javarison; Maita, Rafel; M, Mahipal
Madani: Jurnal Ilmiah Multidisiplin Vol 3, No 1 (2025): February
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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Abstract

The exploitation of marine sand as a high-value natural resource has sparked debate in Indonesia, particularly after the issuance of Government Regulation Number 26 of 2023, which regulates the export of marine sand. This policy legally permits the export of marine sand under specific conditions, yet concerns arise regarding its impact on coastal ecosystems and spatial planning, potentially disrupting environmental balance and affecting coastal communities. This study aims to assess the legality of this policy from the perspective of spatial and environmental law and to analyze its implications for marine environmental sustainability. Using a normative juridical approach, the research examines relevant regulations and legal principles. Findings indicate that although the marine sand export policy is legally grounded, its implementation poses significant risks of marine ecosystem degradation, coastal erosion, and changes to coastal spatial planning. Therefore, strict monitoring of this policy is essential to mitigate adverse environmental impacts.
Tindak Pidana Pengancaman dan Pemerasan dalam Penanganan Kasus Pinjaman Online Ashifa, Kinnayah; Anjani, Maudy; Hosnah, Asmak Ul
AKADEMIK: Jurnal Mahasiswa Humanis Vol. 4 No. 2 (2024): AKADEMIK: Jurnal Mahasiswa Humanis
Publisher : Perhimpunan Sarjana Ekonomi dan Bisnis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37481/jmh.v4i2.732

Abstract

Advancements in technology have simplified various daily activities. However, this progress has also been exploited by illegal online loan services (pinjol) offering loans to people with low financial literacy, making it difficult to distinguish between legal and illegal services. Technologically-based loan solutions, originally intended to meet the community's urgent and long-term needs, have now been misused. This development has led to many risks and has given rise to various criminal acts, including fraud, extortion, and threats related to information and technology. The purpose of this study is normative juridical, using secondary data with qualitative data analysis methods. In Criminal Decision Number 438/Pid.Sus/2020/PN Jkt Utr, there is an explanation regarding legal protection for online loan borrowers against extortion or threats by debt collectors through electronic media. The judge decided on the second alternative accusation in the name of the defendant, Dede Supardi Bin H.Supriadi, based on Article 45, paragraph (4) Jo. Article 27, paragraph (4) of the Law of the Republic of Indonesia No. 19 of 2016 is an amendment of Law No. 11 of 2008 on Information and Electronic Transactions and Law No. 8 of 1981 on Criminal Procedure Law. Criminal charges can be imposed on the debt collectors involved in this case.
Prevention and Legal Protection for Victims of Human Trafficking and Drug Abuse Offenses Pradini, Yustia Okta; Anjani, Maudy; Hosnah, Asmak Ul
Journal of Legal and Cultural Analytics Vol. 3 No. 2 (2024): May 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v3i2.9196

Abstract

Human trafficking and drug abuse are two complex problems that have a serious impact on people’s lives globally. Besides threatening human rights, human trafficking and drug abuse also damaged individual welfare, disrupt the social order, and also harm the aspect of economies to all countries. Generally, human trafficking involves forced labor, organ trafficking, and also sexual exploitation, which are very damaging and harmingthe victims. On the other hand, drug abuse has became rampant like a pandemic that has spread all around the world and affected the society. Drugs can be very harming, apart from causing a physical harm, it also can caused a mental illnes to it’s victim. In this research, authors will examine the relation between human trafficking and drug abuse, identify how to prevent and also to found the legal protection for the victims.