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All Journal Jurnal Hukum Novelty Journal of Law and Legal Reform
Kbarek, Lukas Norman
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Law, Crime, Criminology & Criminal Justice

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Land Border Dispute Resolution Model in the Involvement of Customary Leaders Between Indonesia and Timor Leste in the Oecussi Enclave Area Mangku, Dewa Gede Sudika; Yuliartini, Ni Putu Rai; Hartana; Kbarek, Lukas Norman; Monteiro, Seguito
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.15606

Abstract

Indonesia and Timor Leste still have 4% of the land border that has not been agreed upon by the two countries, the fact is that the people who live on the border that is still being disputed have not accepted the implementation of international law which is the basis for resolving the border. However, this is precisely an obstacle when the state takes the main role, without considering the Traditional Leaders. This research will focus on efforts to reconstruct the role and existence of traditional leaders in the cultural dimension and the interconnectedness of local institutions, so that later a model for resolving state border disputes will be built with structured, legitimate cultural values that can be accepted by all components of society on the land border between the two countries, especially the Oecussi Enclave area. The outputs (products) of this research are the spectrum of the existence of traditional figures as local institutions based on religion in resolving disputes, a draft model for resolving land boundary disputes between Indonesia and Timor Leste in the Oecussi Enclave area, a draft mechanism for engineering public policies that are based on the cultural diversity of the Indonesian and Timor Leste communities, and scientific articles and intellectual property rights (IPR) on soft security based on culture in the role of traditional figures in resolving land boundary disputes between Indonesia and Timor Leste.
Customary law and justice: Protecting the rights of women victims of sexual violence in Bali Rai Yuliartini, Ni Putu; Sudika Mangku, Dewa Gede; Kbarek, Lukas Norman
Jurnal Hukum Novelty Vol. 15 No. 2 (2024)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/jhn.v15i2.28542

Abstract

Introduction to The Problem: The disparities in societal roles often manifest as systemic inequality, rooted in a patriarchal culture that positions men in a dominant role while undermining the concept of women as equals. Gender-based discrimination is intricately woven into the fabric of society, perpetuated through entrenched social customs, traditions, child-rearing practices, educational systems, and the differentiation of social responsibilities assigned to men and women. Purpose/Objective of Study: This study aims to investigate and critically analyze the characteristics of sexual violence experienced by women within Bali's customary law communities, with a focus on mechanisms for restoring legal capacity. It further explores the interplay between statutory regulations and customary practices to enhance equitable legal protections for victims of sexual harassment. Design/Methodology/Approach: This study applies a sociolegal approach, combining statutory, comparative, conceptual, and sociological methods. Primary and secondary data were analyzed using legal hermeneutics, interpreting regulations within their context to examine the rights of women victims of sexual violence. The research highlights justice and cohesion within customary law communities in the fulfillment of these rights. Findings: First, the forms of sexual violence perpetrated against women within customary law communities in Bali—specifically in the traditional villages of Sudaji, Undisan Kelod, Munti Gunung, and Angantelu—were predominantly instances of rape and familial sexual relations (incest). Second, the findings highlight the integration of statutory regulations with customary law to enhance equitable legal protections for women affected by sexual violence within these communities. This integration focuses on measures for comprehensive restoration, including restitution, compensation, assurances of victim satisfaction, rehabilitation, and guarantees for the prevention of recurrent offences. Paper Type: Research Article
Co-Authors Hartana Monteiro, Seguito Ni Putu Rai Yuliartini