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Praningsih, Cerry
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Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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KAWIN KONTRAK SEBAGAI INDIKATOR TRANSFORMASI BUDAYA HUKUM PERKAWINAN DI BALI Praningsih, Cerry; Paramita, Dianing; Huda, Royan Miftahul
Ensiklopedia Sosial Review Vol 7, No 2 (2025): Volume 7 No 2 Juni 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/esr.v7i2.3107

Abstract

Abstract: The practice of contractual marriages between Indonesian citizens (WNI) and foreign citizens (WNA) in Bali has increased significantly, especially along with the increasing foreign investment in the property sector. This phenomenon not only reflects the institution of marriage as a means to avoid legal restrictions, but also reflects the transformation of legal culture in Balinese society. Contractual marriages are often used as a tool to facilitate nominee agreements, where foreign citizens use the names of Indonesian citizens to obtain land rights that cannot legally be owned by foreigners. From a legal perspective, this practice creates a geography regarding the legitimacy of marriage relations, ownership of property, and legal protection for the parties. Meanwhile, from a socio-cultural perspective, this practice has the potential to erode customary values, land spirituality, and the social structure of Balinese society. This study aims to examine contractual marriages as one indicator of changes in the legal culture of marriage, by examining the interaction between customary norms, national law, and global economic interests. With a juridical-sociological approach, this study is expected to provide a deep understanding of the dynamics of law and culture in the context of globalization and modernization in Bali. Keywords: Contractual Marriage, Shift in Legal Culture, Land Rights of Foreign Nationals
EFEKTIVITAS AKTA PERDAMAIAN SEBAGAI ALTERNATIF PENYELEAIAN SENGKATA Praningsih, Cerry
Ensiklopedia Education Review Vol 7, No 1 (2025): Volume 7 No 1 April 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v7i1.3207

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Abstract: The Peace Deed (Akta Perdamaian) is frequently utilized as an alternative dispute resolution mechanism in court, aiming to end conflicts amicably through mutual agreement between the parties. Under Indonesian positive law, this instrument holds permanent legal force equivalent to a court judgment, resulting in greater efficiency in terms of time and cost compared to lengthy and complex litigation processes. However, in practice, violations of the terms of the peace deed by one of the parties are not uncommon, which often leads to new disputes and complicates the previously agreed resolution. The central issues addressed in this paper are: To what extent is the peace deed effective in resolving disputes? and What are the legal consequences of using the peace deed as an alternative dispute resolution? This study employs secondary data sourced from books and academic journals, using a conceptual approach.Keywords: Peace Deed, Dispute Settlement, Breach of Agreement.
PERLINDUNGAN HUKUM KONSUMEN PENYANDANG DISABILITAS DAN LANJUT USIA DALAM INDUSTRI ASURANSI DI INDONESIA Praningsih, Cerry; Rahardiansyah, Trubus
Ensiklopedia Education Review Vol 7, No 2 (2025): Volume 7 No 2 Agustus 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eer.v7i2.3350

Abstract

Abstract: this study aims to analyze legal protection for persons with disabilities and the elderly in Indonesia’s insurance industry through a normative approach that combines literature review and limited interviews with three anonymous sources representing regulators, insurance practitioners, and disability organizations. The analysis employs Satjipto Rahardjo’s sociology of law and progressive law theories, as well as Lawrence M. Friedman’s legal system theory. The findings indicate that despite existing regulations—such as Law Number 8 of 2016 on Persons with Disabilities, Law Number 13 of 1998 on the Welfare of the Elderly, and the Financial Services Authority (OJK) regulations—providing a strong legal foundation, discrimination, limited access, and insufficient adaptation of insurance products for vulnerable groups are still present in practice. These obstacles are linked to institutional, legal substance, and legal culture aspects. The study recommends strengthening inter-agency coordination, optimizing the role of the National Commission on Disabilities (KND), and implementing affirmative policies in the insurance industry.Keywords: Consumer Protection, Disabilities, Elderly, Insurance Industry, Inclusion.
Co-Authors Huda, Royan Miftahul Paramita, Dianing Rahardiansyah, Trubus