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The Position of Customary Criminal Law in Positive Law in Indonesia Hamid Noor Yasin; Ade Saptomo
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2592

This research explores the status of customary criminal law in the context of positive law in Indonesia. Customary criminal law, as an integral part of the cultural heritage of Indonesian society, has values and norms that have developed from generation to generation. However, in an era of increasingly structured positive law, fundamental questions arise regarding the extent to which customary criminal law is accommodated and recognized by the formal legal system. This research uses a normative legal approach to analyze statutory regulations, court decisions, and related legal literature. Research findings identify that although customary criminal law is not explicitly regulated in the national positive law system, there are certain efforts to recognize and respect its existence. In this context, this research explores the concept of integrating customary criminal law into a positive legal system as a medium of preserving legal plurality and realizing local justice. Apart from that, this analysis also discusses the challenges and potential conflicts between customary criminal law and modern positive law principles, as well as efforts that can be made to achieve harmony between the two. In conclusion, this research contributes to a better understanding of the status of customary criminal law in the context of positive law in Indonesia, by highlighting important aspects to be considered in developing inclusive and just legal policies. This research is in the form of a research article.

Dynamics Of the House Of Representatives In Adjusting Legislation Post Constitutional Court Decision No.90/PUU-XXI/2023 Noor Yasin, Hamid; Suparno, Suparno
Journal of Social Science Vol. 5 No. 6 (2024): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v5i6.957

This research analyzes the constraints and challenges faced by the House of Representatives (DPR) in following up on the Constitutional Court's decision No. 90/PUU-XXI/2023, with a focus on political and administrative aspects. Through an in-depth study, this research identifies various obstacles, such as differences of opinion among factions, the influence of political coalitions, and external pressures from the public and urgent national issues. Furthermore, this research highlights the complexity of bureaucracy and the limitations of human resources that affect the effectiveness of the legislative process. To address these challenges, this study recommends strategies for improving the quality of human resources and strengthening bureaucratic processes through the restructuring of procedures and the application of technology. The findings of this research are expected to provide valuable insights for the DPR in enhancing accountability and responsiveness to the needs of the public

Analysis of the DPR'S Policy in Rejecting BPJS Health's Inclusion in the Health Law Yasin, Hamid Noor; Saptomo, Ade
Devotion : Journal of Research and Community Service Vol. 5 No. 6 (2024): Devotion: Journal of Community Service
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v5i6.740

The House of Representatives (DPR) as a legislative institution in Indonesia has a very important role in drafting and formulating laws, including approval of laws. In this article, an in-depth analysis will be carried out regarding the DPR's policy in rejecting the inclusion of BPJS Health in the Health Law in Indonesia. The DPR can consider alternative policies or improvements to the health insurance system to make it more effective and sustainable in providing health services to the community. The research aims to provide an insight into the legislative process, policy-making dynamics, and the potential consequences for public health administration and policy. The study will be conducted by combining primary, secondary, and tertiary legal materials (which are secondary data) with primary data obtained in the field, namely DPR Policy Analysis.

Analysis of DPR Policy in Rejecting the Transfer of the Capital City of Jakarta to the Capital of Nusantara Hamid Noor Yasin; Megawati Barthos
International Journal of Sociology and Law Vol. 1 No. 4 (2024): November : International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v1i4.182

The relocation of Jakarta's capital to the National Capital Region (IKN) has sparked a heated debate in public policy circles. This article delves into the reasons why the House of Representatives (DPR) rejected the proposal, highlighting several key factors. The financial aspect was a major concern, given the high cost of building new infrastructure in IKN Nusantara, particularly in light of limited state funds and other development priorities. The social impact was also an important consideration, as population displacement, changes in lifestyle, and economic uncertainty were among the many potential consequences of moving the capital. Additionally, environmental issues such as ecosystem damage and increased pollution were also significant points of concern. Political stability was another crucial factor in the DPR's decision, as the potential disruption to stability caused by the move would need to be carefully assessed. The DPR has emphasized the importance of broad public consultation to ensure that any proposed relocation is supported by the community. An article highlights South Africa's successful capital relocation as an example of effective planning, strong public participation, and the resolution of infrastructure issues. These remarks can be applied to the Indonesian context to achieve a successful relocation.

Dynamics Of the House Of Representatives In Adjusting Legislation Post Constitutional Court Decision No.90/PUU-XXI/2023 Hamid Noor Yasin; Suparno Suparno
Journal of Social Science Vol. 5 No. 6 (2024): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v5i6.957

This research analyzes the constraints and challenges faced by the House of Representatives (DPR) in following up on the Constitutional Court's decision No. 90/PUU-XXI/2023, with a focus on political and administrative aspects. Through an in-depth study, this research identifies various obstacles, such as differences of opinion among factions, the influence of political coalitions, and external pressures from the public and urgent national issues. Furthermore, this research highlights the complexity of bureaucracy and the limitations of human resources that affect the effectiveness of the legislative process. To address these challenges, this study recommends strategies for improving the quality of human resources and strengthening bureaucratic processes through the restructuring of procedures and the application of technology. The findings of this research are expected to provide valuable insights for the DPR in enhancing accountability and responsiveness to the needs of the public

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