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Legal Strength of A Peace Deed Made Before A Notary In Dispute Resolution Out of Court Dini Septiani; Harmono Harmono; Jaenudin Umar
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1219

Abstract

Background. The option to resolve disputes out of court is increasingly being used, especially when parties want a quicker, less protracted process. In practice, peace agreements are often expressed as deeds executed before a notary in the hope of achieving greater legal force. The problem is that this power is not always directly proportional to the effectiveness of its implementation. When an agreement is violated, the peace deed cannot be used directly to enforce the obligation; it must be brought back to court. At this point, a fundamental problem arises regarding the position and effectiveness of the notarial peace deed in the civil law system. Aims. This research is directed at examining further the legal position of the peace deeds, how the evidentiary force operates, and what happens when the agreement is not implemented. Methods. The approach used is normative, examining relevant laws, regulations, and legal concepts, as well as associated practices. Result. From the results of the analysis, it can be seen that the notarial peace deed is in a position that is not completely single. It has the power of an authentic deed recognized in the proof, but at the same time it still depends on the logic of the agreement, whose execution is determined by the parties. The power of proof does provide certainty about what has been agreed, but it does not necessarily guarantee that the agreement will be implemented without dispute. When a default occurs, the deed serves more as a basis for proof in a new lawsuit than as a tool to enforce it directly. Conclusion. This condition shows that the notarial peace deed is not fully capable of serving as a final instrument for dispute resolution. Therefore, efforts are needed to strengthen its position not only in the evidentiary aspect but also in bridging the implementation of the agreement, so that the goal of resolving disputes outside the court can truly be achieved.
Reconstruction of the Role of Bhabinkamtibmas in Village Food Security: Socio-Legal Analysis of Authority and Social Stability Andri Ritanto; Harmono Harmono
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1222

Abstract

Background. This research departs from the assumption that village food security is determined not solely by production and distribution but also by the social stability that underpins it. In this context, the presence of Bhabinkamtibmas as a police officer at the village level shows an interesting role, although it is not explicitly regulated within the legal framework of food security. Aims. This research aims to analyze how these roles are carried out, examine the basis of their legal authority, and identify obstacles that arise in practice. Methods. The method used is a socio-legal approach that combines normative analysis of laws and regulations with empirical data from interviews in Gegesik Village, Cirebon Regency. Result. The results of the study show that Bhabinkamtibmas are not involved in the technical aspects of food management but rather act as actors of social stabilization through preventive, mediative, and facilitative functions, especially in maintaining a conducive environment for aid distribution and reducing potential conflicts. However, this role remains within the realm of implicit authority and has not been normatively integrated into food security policies. Conclusion. This condition shows that there is a gap between collaborative practice in the field and legal construction that is still sectoral. Implementation. Therefore, it is necessary to strengthen institutional coordination and integrate social security dimensions into the formulation of village food security policies to make them more responsive and sustainable.
Efforts to Resolve Conflicts Between Villagers in a Restorative Manner: The Role of Bhabinkamtibmas as Mediators in the Perspective of National and Local Law Ari Mistari; Harmono Harmono
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1223

Abstract

Background. Conflicts between villagers are a recurring phenomenon and cannot always be resolved effectively through formal legal mechanisms. In practice, conflict resolution is more often carried out through social-relationship-based approaches, such as deliberation and mediation involving village officials and communities. Aims. This study aims to examine how conflict resolution among villagers is carried out through a restorative approach, how the role of Bhabinkamtibmas as a mediator is practiced, and how the practice is viewed from the perspective of national and local law. Methods. This research uses a socio-legal approach and a qualitative method, combining normative analysis of laws and regulations with empirical findings in the field. Data were obtained through interviews with Bhabinkamtibmas and village officials, as well as a review of relevant literature and regulations. The analysis was carried out by relating conflict resolution practices to the theoretical framework of restorative justice and the legal construction that governs it. Result. The results of the study show that conflict resolution between villagers through a restorative approach has basically been underway, but does not always reflect the principle of restoring relationships in its entirety. The role of Bhabinkamtibmas is evolving into that of a mediator operating in the social space, but it has not yet been fully supported by a clear legal framework. In practice, conflict resolution is often more of a social compromise shaped by power relations than the result of an ideal restorative process. Conclusion. This research offers a new perspective by positioning restorative justice not merely as a normative concept but as a social practice operating at the intersection of formal law, local norms, and power dynamics in society. Implementation. These findings suggest that the effectiveness of conflict resolution is determined not only by the existence of rules but also by the system's ability to accommodate complex social realities.
Misuse of Village Funds in the Perspective of Village Financial Supervision and Accountability: (Case Study in Mancagar Village, Lebakwangi District, Kuningan Regency) Gina Nurfaidah; Harmono Harmono
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1226

Abstract

Background. Village Fund Management is part of public finances and plays an important role in community development and welfare, but remains vulnerable to irregularities due to weak supervision and accountability. Aims. This study aims to identify factors that are obstacles in the supervision of the management of Village Funds, as well as analyze the optimization of the Village Fund supervision mechanism in realizing transparency and accountability. Methods. By using qualitative research methods and empirical juridical approaches. Result. It was found that the misuse of Village Funds is mainly due to weak internal control, lack of guidance and supervision of local governments, low community participation, and dominance of repressive approaches in law enforcement. This condition has implications for the misuse of Village Funds as happened in Mancagar Village, Lebakwangi District, Kuningan Regency. Conclusion. Therefore, it is necessary to optimize the supervision of Village Funds through increasing the capacity of village apparatus, strengthening coaching and supervision by local governments, increasing community participation, optimizing the use of the Siskeudes application, as well as creating village websites and social media, in order to realize transparent and accountable management of Village Funds.
Legal Position and Collaboration Pattern of Village Government and Village Community Institutions in the Management of Village-Owned Enterprises (Bumdes): (Study of Teja Perceka Bumdes, Rajagaluh District) Muhammad Lanang Gilang Gumilang; Harmono Harmono
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1260

Abstract

Background. This paper departs from a simple anxiety: why BUMDes, which are normatively designed as a shared space between the village government and the community, often fail to operate in a completely balanced way in practice. This study seeks to examine the problem through the case of BUMDes Teja Perceka in Rajagaluh District, by tracing how the legal positions of the actors are practiced, how the pattern of relationships is formed, and where the legal problems lie. Method. The approach used is empirical law with a socio-legal perspective, so that what is seen is not only the rules but also how they are implemented in daily life. Results. From the field, it can be seen that the division of authority that has been normatively formulated is not completely limited in practice. The village government is still in a decisive position in the direction of BUMDes policies, while on the other hand, the role of village community institutions has not developed as a truly influential participatory force. The relationships that are formed are closer to coordination that is not entirely equal than deliberative collaboration. In such a situation, the main problem lies not in the lack of rules, but in how they work or do not work in institutional practice. Conclusion. This research has found that strengthening BUMDes is not enough to be pursued through a normative approach alone. What is more urgent is how authority is translated into operational terms, how supervision is carried out in practice, and how the space for participation is opened up, not merely as a formality. Without it, BUMDes will continue to be in a position between two options: recognized as an independent business entity, yet operating in a relationship that still depends on the power of the village government.