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All Journal Leges Privatae Journal of Adat Recht
Suhermi
Universitas Jambi
Law, Crime, Criminology & Criminal Justice

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LEGAL RESPONSIBILITY OF BUILDING OWNERS TOWARDS FIRE VICTIMS: A CIVIL LAW PERSPECTIVE Suhermi; Windarto; Firya Oktaviani
Leges Privatae Vol. 1 No. 4 (2024): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/py8vye04

Abstract

Fire is a disaster that is often caused by the negligence of building owners in meeting the required safety standards, threatening both property and human lives. This study aims to evaluate the legal responsibility of building owners within the civil law system, particularly regarding negligence that leads to physical and material losses. The research is conducted using a normative juridical method, focusing on the analysis of relevant regulations, such as Law No. 28 of 2002 on Building Construction, Law No. 24 of 2007 on Disaster Management, and provisions in the Civil Code (KUHPerdata), especially Article 1365.  The research findings indicate that, although existing regulations have outlined the obligations of building owners to prevent fires, the implementation faces various challenges. These challenges include insufficient supervision, suboptimal law enforcement, and lengthy legal processes for victims to obtain justice. The study identifies a gap between legal norms and field practices, resulting in the difficulty of enforcing building owners' responsibilities. Through this study, it is hoped that solutions can be found to strengthen the civil law system, ensuring that building owners are held more accountable and fire prevention efforts are effectively implemented, providing optimal protection for building occupants and users.
Restorative Justice in Customary Law: Alternative Dispute Resolution in Indigenous Communities Suhermi
Journal of Adat Recht Vol. 1 No. 2 (2024): JULY-JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/nt54cz73

Abstract

Restorative justice is an alternative approach to dispute resolution that emphasizes the restoration of relationships between the parties involved, in contrast to the retributive approach that focuses on punishment. Based on the concept of the rule of law, legal certainty in Indonesia can not only be achieved through the norms contained in the law, but also by considering the values that live in society, such as customary law. This research aims to explore the application of restorative justice in customary law as an out-of-court dispute resolution mechanism. This research uses a normative research method that focuses on the study of legal documents, especially those related to the implementation of alternative dispute resolution that has been promulgated as Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. The results show that customary law that emphasizes restorative justice is recognized and integrated in Law Number 30 of 1999, enabling out-of-court dispute resolution in a way that is more in line with local values. The recognition and integration of customary law in the national legal framework strengthens the role of customary law in achieving legal certainty in Indonesia, especially in the context of dispute resolution at the community level.
Co-Authors Firya Oktaviani Windarto