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Kewenangan Badan Pengawas Pemilu Dalam Penanganan Tindak Pidana Pemilihan Umum Tahun 2024 (Studi pada Bawaslu Kota Palangka Raya) Harvest Magabetua Sinaga; Heriamariaty; Fransisco; Kiki Kristanto; Rico Septian Noor; Syamhudian Noor
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 14 No 1 (2026): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v14i1.1880

Abstract

The enforcement of criminal law in general elections is an important element in ensuring elections that are honest, fair, and have integrity. The Election Supervisory Body (Bawaslu) plays a strategic role in handling alleged election crimes through the Integrated Law Enforcement Center (Sentra Gakkumdu). However, in practice, the handling of election criminal offenses still faces various challenges that affect the effectiveness of law enforcement. This study aims to analyze the obstacles faced by the Election Supervisory Body of Palangka Raya City in handling election criminal offenses during the 2024 General Election. This research employs an empirical legal research method with a qualitative approach. Data were obtained through interviews with relevant parties and documentation studies of laws and regulations and official documents related to election crime cases. The results indicate that several obstacles were encountered, including limited human resources, coordination issues among institutions within Sentra Gakkumdu, differences in legal interpretation among law enforcement agencies, and budget limitations. These conditions indicate that the handling of election criminal offenses has not yet been implemented optimally.
Penegakan Hukum Adat Dayak oleh Damang dalam Penyelesaian Sengketa Tanah Adat Berdasarkan Perda Kalimantan Tengah Nomor 16 Tahun 2008 Supian Sugiman; Heriamariaty; Rollys Suriani; Mulida Hayati; Novea Elysa Wardhani; Rico Septian Noor
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 14 No 1 (2026): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v14i1.1881

Abstract

The existence of Dayak customary law in Central Kalimantan plays an important role in resolving customary land disputes. Recognition of customary institutions and the authority of the Damang (Customary Chief) is affirmed in Central Kalimantan Provincial Regulation Number 16 of 2008. In practice, customary land disputes in Kurun District are often resolved through customary legal mechanisms without proceeding to formal courts. This study aims to analyze the position and authority of the Damang in enforcing Dayak customary law and the process of resolving customary land disputes based on the regulation, with a case study of Damang Decree Number 02/DKA/KK/I/2026. This research employs a legal research method with an empirical juridical approach using statutory and case approaches. Data were collected through literature review and interviews with the Damang Customary Chief, Mantir Adat (customary officials), and the disputing parties, and were analyzed qualitatively. The results indicate that the Damang holds a recognized customary authority with normative legitimacy to enforce customary law and resolve customary land disputes. The dispute resolution process involves complaint submission, examination, customary deliberation, site inspection of the disputed land, and the issuance of a Damang Decree accepted by the disputing parties without further litigation in formal courts.
Asymmetry in Power Relations and the Role of the LPSK in Protecting Justice Collaborators: An Empirical Study of Criminal Cases Involving Law Enforcement Officials in Palangka Raya Herna Fitriani; Novea Elisya Mawarni; Fransisco Fransisco; Heriamariaty Heriamariaty; Mulida Hayati; Rico Septian Noor
Syarah: Jurnal Hukum Islam dan Ekonomi Vol. 15 No. 1 (2026): SYARAH : Jurnal Hukum Islam dan Ekonomi
Publisher : Fakultas Syariah Universitas Islam Negeri Sultanah Nahrasiyah Lhokseumawe

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47766/syarah.v15i1.7728

Abstract

This study was prompted by a criminal case in Palangka Raya City involving a cooperating witness (Justice Collaborator) who faced intimidation during the law enforcement process. This situation highlights asymmetrical power relations that potentially hinder investigations and reduce the effectiveness of legal protection. This study aims to analyze the legal considerations of the Witness and Victim Protection Agency (LPSK) in designating MH as a Justice Collaborator and to examine the role of the LPSK in providing protection during the trial process at the Palangka Raya District Court. Employing an empirical legal method with a qualitative approach, data were collected through interviews with an expert staff member of the LPSK’s Protection Bureau and the Chair of the Genta Keadilan Legal Aid Institute, who served as MH’s legal counsel. The findings indicate that MH’s designation as a Justice Collaborator was based on the fact that he was not the principal perpetrator, the importance of his testimony in uncovering the offense, his good faith, and the need for protection due to intimidation and psychological trauma. The protection provided by the LPSK includes physical, psychological, legal, and family protection, enabling the witness to testify freely and safely throughout the judicial process. Theoretically, this study reinforces research on the importance of protecting Justice Collaborators in power imbalances, demonstrating that legal protection effectiveness depends on institutional implementation rather than statutory norms alone. Practically, these findings serve as an evaluative basis for the LPSK and law enforcement to strengthen protection mechanisms in cases involving unequal power dynamics.
Legal Perspectives on Underage Marriage in The Dayak Customary Society: Challenges and Human Rights Protection Mulida Hayati; Rico Septian Noor
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.53-70

Abstract

This study examines the conflict between state law and Dayak customary law regarding underage marriage practices. Using a legal pluralism framework and a socio-legal approach, this study analyses the customary rationality that legitimises these practices and their impact on human rights, particularly for women. The method used is empirical legal research, which fundamentally examines law in its social context. This choice is based on the research objective to understand how state law, particularly the Marriage Law, interacts and often conflicts with Dayak customary law that is alive and practised by the community. The results of this study show that customary marriage, driven by socio-economic factors and efforts to avoid communal sanctions, creates legal dualism that hinders children's access to fundamental rights to education and health. This study concludes that repressive law enforcement is ineffective and recommends an accommodative protection model.
A Legal Analysis of the Management of the Lewu Tehang Indigenous Territory and Indigenous Forest as Set Forth in the Dayak Ngaju Lewu Tehang Customary Law Yosefa Sefta; Rico Septian Noor; Yacob F. Martono; Rizki Setyobowo Sangalang
Journal Research of Social Science, Economics, and Management Vol. 5 No. 12 (2026): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v5i12.1603

Abstract

This article analyzes the juridical management of the customary territory and customary forest of Lewu Tehang within the framework of the customary law of the Dayak Ngaju Lewu Tehang. This research was researched with empirical juridical and normative juridical research methods aimed at uncovering the alignment between the norms of Dayak customary law ngaju lewu tehang and national regulations, including the recognition of indigenous peoples' rights to customary forests. Based on Article 18B paragraph (2) of the 1945 Constitution: the Indonesian state recognizes and respects the unity and unity of customary law communities and their rights as long as they are alive and in accordance with the development of society and the principles of the Republic of Indonesia. Based on this Law, the unitary state of the Republic of Indonesia recognizes and protects the existence of customary law communities, so with Law no. 6 of 2014 concerning villages and the decision of the Minister of Environment and Forestry of the Republic of Indonesia. That after there is a recognition from the Regent of Gunung Mas regarding the protection and recognition of Indigenous peoples, it is necessary to make regulations on the management of customary territories; The rules of Lewu Tehang customary rules so far have only been oral, so it needs to be made in writing, to be a guideline for the customary law community and other related parties; Customary territories need to be managed for the welfare of customary law communities, which are sustainable