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All Journal Kosmik Hukum SASI
Ahmad, Asmida
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Integration of Customary Law in The National Legal System Comparative Study of Malaysia and Indonesia Febrianty, Yenny; Ghapa, Hasliza; Ahmad, Asmida
SASI Volume 30 Issue 4, December 2024
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v30i4.2303

Abstract

Introduction: Customary law shapes and protects indigenous cultural identity and rights in the face of rapid modernity. However, customary law incorporation into national legal systems, notably in Malaysia and Indonesia, remains difficult. Both nations recognize and integrate customary law into their legal systems, but disparities in indigenous peoples' land, forestry, and natural resource management rights enforcement and protection exist.Purposes of the Research: The study's main objectives are to (1) understand and evaluate customary law's inclusion into Malaysia and Indonesia's legal systems and (2) determine the best framework for this incorporation given the fast rate of modernization.Methods of the Research: This research employs a normative juridical methodology with statutory and comparative approaches. Through a review of relevant laws and literature from both countries, this study seeks to identify and compare how customary law is integrated into the national legal systems of Malaysia and Indonesia.Results of the Research: The research identified discrepancies in indigenous peoples' rights enforcement and protection, notably in land, forestry, and natural resource management, despite both countries adopting customary law into their legal systems. This research emphasizes the necessity for inclusive and participatory customary law incorporation into national legal systems. Customary law is important to these systems and is acknowledged, preserved, and respected. Scholars, attorneys, and legislators in both countries may utilize this study to protect indigenous rights.
Legal Protection of Children’s Rights in Conflict With The Law From Power Intervention Hosnah, Asmak Ul; Jevis, Weldy; Nuraeny, Henny; Ahmad, Asmida
Kosmik Hukum Vol. 25 No. 1 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i1.24967

Abstract

This study aims to examine the legal protection of the rights of children in conflict with the law, particularly in preventing power intervention within the juvenile criminal justice system in Indonesia. The background of this research is based on the prevalence of injustices faced by children due to weak oversight in the implementation of regulations, such as Law Number 11 of 2012 on the Juvenile Criminal Justice System and Law Number 35 of 2014 on Child Protection. The main issue raised is the gap between legal norms and their practical application in the field. The research methodology employs a normative and empirical juridical approach. Data were collected through document studies, in-depth interviews with law enforcement officers, children's families, and legal experts, as well as case study analyses, such as the case of Vina Dewi Arsita in Cirebon. The findings reveal instances of power abuse that harm children and highlight the weak implementation of restorative justice and rehabilitation principles within the juvenile criminal justice system. This study recommends a more effective legal protection model based on restorative justice, involving collaboration between law enforcement, government, families, and communities. It is hoped that this model will enhance transparency, justice, and the protection of children's rights.
Co-Authors Asmak UI Hosnah Ghapa, Hasliza Henny Nuraeny Jevis, Weldy Yenny Febrianty