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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum Ganec Swara
Viorizza Suciani Putri
Supreme of Court, Republic Indonesia
Law, Crime, Criminology & Criminal Justice

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Integration of Customary Marriage Law Into Positive Law as Justice in Social and Legal Context Yenny Febrianty; Fauzan Azima Faturachman; Maudy Anjani; Asmida Ahmad; Viorizza Suciani Putri
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.
POSITION AND RESPONSIBILITY OF THE STATE IN REGULATION OF THE RIGHT TO A HEALTHY ENVIRONMENT (CASE STUDY OF JOB CREATION ACT AND ENVIRONMENTAL LAW ENFORCEMENT) BENNY HARRY LEKSMON SITUMORANG; VIORIZZA SUCIANI PUTRI; RAMADHAN USMAN; SUYANTO SUYANTO; HEZRON SABAR ROTUA TINAMBUNAN
Ganec Swara Vol. 19 No. 1 (2025): Maret 2025
Publisher : Yayasan Al-Amin Qalbu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59896/gara.v19i1.196

Abstract

This study seeks to examine the role and obligations of the state in overseeing the right to a healthy environment, particularly with the enforcement of Law Number 11 of 2020 on Job Creation and pertinent Constitutional Court rulings. The right to a healthy environment is enshrined in the human rights provisions of the 1945 Constitution, therefore imposing a constitutional duty on the state to maintain equilibrium between economic progress and environmental conservation. The simplification of the environmental licensing process in the Job Creation Law has sparked discussion regarding the inadequate oversight of economic activities affecting the ecology. This study employs a normative legal methodology utilizing a statutory approach, a conceptual approach, and a case law approach. Data sources are from legislation, judicial rulings, and scientific publications pertinent to environmental policy. The study's findings indicate that the state has not effectively fulfilled its obligations in implementing environmental legislation, particularly on oversight, penalties for violations, and public engagement. The Constitutional Court ruling underscores the significance of transparency in environmental regulation; nonetheless, policy execution frequently prioritizes financial interests over sustainable environmental safeguarding
Co-Authors Asmida Ahmad BENNY HARRY LEKSMON SITUMORANG Fauzan Azima Faturachman HEZRON SABAR ROTUA TINAMBUNAN Maudy Anjani RAMADHAN USMAN Yenny Febrianty