Paramita Dewi, Ni Putu
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Perdamaian Dalam Kasus Pidana (Kecelakaan Lalu Lintas) Melalui Hukum Adat Di Desa Timpah Paramita Dewi, Ni Putu; Kastama, I Made; Darman, I Komang; Peni, Gelar Sumbogo
Belom Bahadat Vol 14 No 2 (2024): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33363/bb.v14i2.1167

Abstract

The Dayak tribe is one of the communities in Indonesia that still applies customary law as a guideline in regulating the lives of its people in various matters, including in terms of resolving problems, including traffic accidents. Conflict resolution through Customary Law will better represent the feelings and desires of the community because the law itself comes from the community itself. Customary Law seeks to resolve conflicts or problems with peace for the parties. Peace is a goal that all parties aspire to. Traditional institutions play a very important role in regulating the behavior patterns of indigenous communities, especially the Dayak indigenous community. Traffic accident cases are also one of the rights and permits for Let Adat to implement, this is stated in Article 10 of Central Kalimantan Regional Regulation No. 16 of 2008. Based on this, it clearly states that the existence of the Damang Traditional Head's permission to resolve the abilities that arise in cases of traffic accidents is included in the case of giving Singer. A traffic accident that takes someone's life is called a Sahiring Customary Violation (taking someone's life). The aim of implementing problem resolution through customary law is to achieve peace between the parties and restore the disturbed balance. Singer Sahiring is a singer or fine for murder or someone who takes the life of another person "Sahiring Matei". There are policies that are taken based on considerations based on the capabilities of the guilty party. Of course, Damang will make a decision based on the agreement between the parties after hearing the opinions of each party at the internship hearing. Customary Law in resolving problems seeks peace as a goal. This is in line with the highest goal of law which is to provide benefits to the parties by creating peace. Restorative Justice has existed in Indonesian society through a customary law settlement process. With procedures and guidelines that bring together parties and stakeholders, in this case the Damang Traditional Head, in an informal forum to reach consensus in seeking restoration of the situation.Keywords: Traffic Accidents, Crime, Peace, Customary Law
Hambatan Sita Eksekusi Kekayaan Intelektual Sebagai Barang Tidak Berwujud (Intangible) Paramita Dewi, Ni Putu; Kastama, I Made
Satya Dharma : Jurnal Ilmu Hukum Vol 7 No 2 (2024): Satya Dharma: Jurnal Ilmu Hukum
Publisher : IAHN Tampung Penyang Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33363/sd.v7i2.1331

Abstract

This article discusses the potential of intellectual property as an object of executoriale beslag. The problem is the lack of regulation of intellectual property as an object of executoriale beslag in the execution of payment of a sum of money even though by definition it is a movable object which fulfills the principle of confiscation in civil procedure law. Seeing this, an analysis is carried out through a statutory approach and the concepts of execution of payment of a sum of money and executoriale beslag in civil procedure law. Intellectual property laws and regulations such as copyright, patents, trademarks and geographical indications, industrial designs, trade secrets and integrated circuit layout designs only regulate confiscation provisions in criminal cases. Intellectual property through Government Regulation No. 24 of 2022 on Creative Economy is optimized as an object of debt collateral in fiduciary guarantees, contracts in creative economic activities and cessie. However, it does not yet have space for intellectual property as an object of executoriale beslag in the execution of payment of a sum of money. The need for additional regulation of intellectual property as an object of executoriale beslag will provide convenience for the clerks and bailiffs executing the execution. The absence of rules will cause hesitation because there is no sufficient legal basis even though intellectual property is a movable item that has economic value and can be used for the payment of the amount of money of the execution applicant. Keyword: Executoriale Beslag, Intellectual Property, Challanges