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All Journal ARBITER: Jurnal Ilmiah Magister Hukum JUNCTO: Jurnal Ilmiah Hukum
Cahyo, Raul Gindo
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Law, Crime, Criminology & Criminal Justice

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The Contribution of Legal Science to The Formation of Legal Norms in Indonesian Society: A Review from A Social Perspective Kurdi, Kurdi; Prayoga, Sandi Yudha; Cahyo, Raul Gindo
ARBITER: Jurnal Ilmiah Magister Hukum Vol 7, No 1 (2025): ARBITER: Jurnal Ilmiah Magister Hukum Mei
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/arbiter.v7i1.5745

Abstract

Legal science has a very significant role in dealing with social dynamics by adjusting legal norms to remain relevant to the needs of a growing society. This study aims to explore the contribution of legal science in forming legal norms that are adaptive and responsive to social change, technology, and global values, while maintaining the basic principles of justice and humanity. The method used in this study is the normative juridical method, with a statutory and conceptual approach. The statutory regulatory approach is used to analyze existing regulations, while the conceptual approach is used to understand the legal theories underlying the formation of legal norms in Indonesia. The results of the study show that legal science not only reflects social change, but also plays an active role in formulating and updating legal norms by the development of the times, so as to be able to create a harmonious and just social order.
Kekuatan Eksekutorial Akta Perdamaian sebagai Alternatif Penyelesaian Sengketa Perdata di Luar Pengadilan Kurdi, Kurdi; Cahyo, Raul Gindo; Dadek, Teuku Ahmad
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 2 (2025): JUNCTO : Jurnal Ilmiah Hukum DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i2.6727

Abstract

This study analyzes the executorial power and effectiveness of peace deeds (dading) as an alternative instrument for resolving civil disputes outside the courts. Litigation still faces classic problems such as case backlogs, high costs, and lengthy processes, thus contradicting the principles of speedy and efficient justice. Peace deeds offer a peaceful solution, but there is a legal gap regarding their enforceability. This normative legal research finds a fundamental dualism: peace deeds through court mediation (in-court) that are confirmed as decisions have direct executorial power equivalent to a final and binding decision. Conversely, out-of-court peace deeds, even if made in an authentic notarial deed, do not have direct executorial power and only function as evidence, so that disputes over breach of contract must still be sued. The use of grosse akta for reciprocal dading is also legally inappropriate. In practice, the effectiveness of dading shows a paradox: the high number of requests for execution of peace deeds indicates low voluntary compliance and the shift of disputes to the execution stage. The main obstacle to the effectiveness of out-of-court dading is the lack of an execution mechanism in Law No. 30 of 1999. This study recommends amendments to the law to provide a registration mechanism and granting of execution fiat for out-of-court settlement deeds..
Co-Authors Dadek, Teuku Ahmad Kurdi Kurdi Prayoga, Sandi Yudha