Ismi Lailatul Maulida
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Perkawinan Adat Merari’ Suku Sasak dalam Perspektif Hukum Adat : Studi Kasus di Desa Kateng Kecamatan Praya Barat Lombok Tengah Amalia Solikha; Ismi Lailatul Maulida; Rahayu Sri Utami
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 2 No. 2 (2025): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/terang.v2i2.1110

Abstract

Marriage is a universal social institution, yet its implementation is profoundly shaped by distinctive local cultural values. One such cultural manifestation is the Merari’ tradition practiced by the indigenous Sasak community in Central Lombok, West Nusa Tenggara. This tradition refers to the practice of "elopement," which forms an integral part of customary rituals uniting two individuals in marital bonds. This study aims to explore in depth the fundamental reasons why the Sasak people continue to uphold the Merari’ tradition amidst the tides of modernization and the bureaucratization of national marriage law. It also seeks to describe the procedural and normative structure of the Merari’ marriage process from the perspective of customary law. Furthermore, this research investigates the types of customary sanctions imposed when individuals violate the traditional norms of marriage. This study uses a socio-legal approach, which not only examines written legal norms (positive law) but also considers how these norms are applied and function within society, particularly through the practice of Merari’ in the Sasak community. The findings show that the Merari’ tradition is not merely a romanticized relic of the past, but a form of cultural resistance against the dominance of formal law, which is often perceived as inadequate in accommodating local values. The Merari’ process follows a clearly defined sequence—starting from mutual agreement between the couple, the act of elopement, reporting to customary leaders, and culminating in the nyelabar ceremony, which serves as the social ratification of the marriage. In cases of violation or deviation from these customary norms, community elders may impose sanctions such as traditional fines (material penalties), social exclusion, or prohibition from participating in customary events. Based on the analysis, it is concluded that the Merari’ tradition holds legal legitimacy within the framework of customary law, as it is carried out on the basis of social consensus, noble values, and binding communal norms. Its persistence illustrates a dynamic relationship between state law and customary law, wherein both systems can coexist in parallel, provided there is mutual recognition and space for dialogue. Thus, there is an urgent need for an integrative legal approach in the formulation of national legal policies—an approach that is not only normative, but also contextual and responsive to the legal pluralism present in Indonesian society.
Kejahatan Korporasi pada BUMN dan Implikasi Pertanggungjawaban Direksi: Analisis Kasus Pengadaan LNG Pertamina Zainul Arifin; Ismi Lailatul Maulida; Rahayu Sri Utami
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 3 No. 1 (2026): Januari: Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v3i1.2820

Abstract

This study analyzes the corporate crime perspective and directors’ liability in the LNG procurement case at Pertamina as a State-Owned Enterprise (SOE). The research aims to examine how the elements of corporate crime are constructed, how directors’ actions are assessed within the framework of fiduciary duty and the business judgment rule, and what legal implications arise for corporate accountability in SOEs. The study employs a normative juridical method using a case approach, statute approach, and conceptual approach. Primary data consist of court documents, statutes, and regulatory frameworks, while secondary data are obtained from academic journals, institutional reports, and credible publications. The findings reveal that distinguishing legitimate business risk from abuse of authority is central to determining corporate criminal liability, particularly when decisions intersect with state finances and public interests. The analysis further indicates that SOE directors carry dual obligations: to ensure effective corporate governance while at the same time facing heightened exposure to criminal liability when losses are associated with state assets. This study contributes by clarifying how legal assessments should balance accountability with the protection of reasonable managerial discretion. The implications highlight the need for clearer decision-making standards, stronger governance mechanisms, and better alignment between corporate law and anti-corruption frameworks in order to promote legal certainty without discouraging prudent business judgment.
Pertanggung Jawaban Hukum terhadap Penjual yang Melakukan Wanprestasi dalam Jual Beli Online Ismi Lailatul Maulida; Ahmad Heru Romadhon
Jurnal Hukum, Administrasi Publik dan Negara Vol. 3 No. 1 (2026): Januari: Jurnal Hukum, Administrasi Publik dan Negara
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/hukum.v3i1.867

Abstract

Contemporary digital advancements have significantly impacted the manner in which individuals engage in economic activities, as evidenced by the rising volume of online transactions. While offering convenience and efficiency, electronic transactions also provide numerous legal challenges, especially regarding seller defaults, including delayed delivery, goods that do not conform to the agreement, or sellers failing to meet their duties post-payment by consumers. This scenario may result in consumer losses, necessitating sufficient legal certainty and protection. This study seeks to analyze the legal regulations pertaining to contracts and defaults in digital platform transactions and to evaluate the types of legal liabilities that may be placed on sellers. This study employs normative legal research, focusing on legislative and conceptual approaches, and utilizes primary, secondary, and tertiary legal materials as data references. The study's findings reveal that seller liability regulations in electronic transactions are defined in the Civil Code, the Consumer Protection Law, and the Law on Electronic Information and Transactions. Nonetheless, its execution has several challenges, especially concerning evidence and the efficacy of law enforcement measures. Consequently, it is imperative to enhance the function of marketplaces and establish more adaptive legislative frameworks to guarantee consumer protection and restitution for losses in online commerce.