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All Journal Lex Scientia Law Review Khazanah Hukum
Asrul Ibrahim Nur
Geza-Marton Doctoral School of Legal Studies, University of Debrecen
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Breaking the Cycle of Injustice: Revolutionizing Human Rights Violations Resolution Through the 1945 Constitution Amancik Amancik; Putra Perdana Ahmad Saifulloh; Ali Masyhar; Asrul Ibrahim Nur; Sonia Ivana Barus
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.7460

Abstract

The stagnation of human rights enforcement in Indonesia's Reformation Era has highlighted a critical imbalance: the current system prioritizes punishing perpetrators of serious human rights violations over addressing the recovery and well-being of victims. This research introduces The Constitution of Peace as a transformative, victim-centered model for resolving serious human rights violations outside the courtroom, aligning with the principles and soul of the 1945 Constitution. The proposed model comprises three innovative approaches: first, mediation facilitated by the National Human Rights Commission to foster dialogue and accountability; second, the provision of compensation, restitution, and assistance to victims through the Witness and Victim Protection Agency, ensuring tangible support for recovery; and third, an official apology by the relevant authority, accompanied by the fulfillment of economic, social, and culpability obligations. Together, these measures aim to correct the limitations of the current retributive framework by prioritizing restorative justice and victim empowerment. By embracing these victim-oriented solutions, this model not only addresses the legal and moral obligations enshrined in the 1945 Constitution but also fosters reconciliation and societal healing. The research underscores the transformative potential of the Constitution as a foundation for peace, justice, and the resolution of entrenched human rights challenges. It calls for a paradigm shift from punitive measures to a more holistic approach, ensuring that justice serves both the dignity of victims and the broader goal of national harmony.
Agricultural Land Product-Sharing Transactions in the Local Community of the Besemah Tribe Herawan Sauni; Putra Perdana Ahmad Saifulloh; Sonia Ivana Barus; Akhmad Akhmad; Asrul Ibrahim Nur
Khazanah Hukum Vol. 8 No. 1 (2026): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v8i1.42925

Abstract

This study aims to determine the pattern of transactions for the results of agricultural land in the local community of the Besemah tribe. By using explorative juridical methods, and empirical legal research, as well as functional interpretation, it can be concluded that: 1. In order to fulfill the need for resources (land) for agricultural land (paddy fields or farm) in the Besemah community, it is carried out using various models. The models are nyaseh, surungan, tempohan, paruan, and sande. 2. The existence of profit-sharing legal institutions (nyaseh, surungan, tempohan,paruan, and sande) are still in force in the besemah tribal community. 3. The legal institutions for the sharing of agricultural land (nyaseh, surungan, tempohan,paruan, and sande) are not solely oriented towards economic aspects, but what really stands out are the aspects of mutual help and kinship. 4. In essence, Nyaseh, Surungan, Tempohan, Paruan, and Sande are agricultural land production sharing agreements with models that vary widely according to the nature and allotment of the land (right to use) itself. 5. In the transaction for the results of agricultural land (nyaseh, surungan, tempohan,paruan, and sande) in practice there are no formalities as stipulated in the law. For the semah community, the existence of these formalities will actually lead to rigidity, and eliminate the philosophy of the existence of these legal institutions.
Co-Authors Akhmad Akhmad Ali Masyhar Amancik Amancik Herawan Sauni Putra Perdana Ahmad Saifulloh Sonia Ivana Barus Sonia Ivana Barus