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All Journal Al-Adl : Jurnal Hukum Journal of International Islamic Law, Human Right and Public Policy Humanitis (Jurnal Humaniora Sosial dan Bisnis)
Aulia Vivi Yulianingrum
Universitas Muhammadiyah Kalimantan tIMUR
Religion Law, Crime, Criminology & Criminal Justice

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CIVILIZED LEGAL JUSTICE: A STUDY OF LEGAL JUSTICE CONSTRUCTION IN INDONESIAN POSITIVE LAW BASED ON ADAB VALUES Rahmatullah Ayu Hasmiati; Aulia Vivi Yulianingrum; Dea Justicia Ardha
Al-Adl : Jurnal Hukum Vol 17, No 1 (2025)
Publisher : Fakultas Hukum, Universitas Islam Kalimantan Muhammad Arsyad Al Banjari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31602/al-adl.v17i1.14670

Abstract

This study examines the characteristics of positive legal justice in Indonesia and the use of the concept of adab from the Islamic worldview as an offer to reconstruct legal justice in Indonesia. This research is doctrinal research using inductive-deductive logic using library materials. The data was then analyzed using qualitative methods. The results showed that First, the characteristics of legal justice in Indonesia, which are based on the paradigm of legal positivism, show that the essence of the source of justice comes from written legal norms, namely the law that separates law and morals. In the end, the separation itself is a manifestation of the law of partial justice. Many legal justice ideas have been developed by several legal experts in Indonesia by making efforts to reconstruct positivist legal thought into the context of Indonesian legal thought that reflects the values of justice based on state philosophy and guidelines for the Preamble of the 1945 Constitution, "For the sake of justice based on the Divine The Almighty. Second, Civilized legal justice based on Adab values is then used as an offer to reconstruct the existing positive legal justice so that the new legal justice will be able to reflect all the virtues that come from the highest standards these are wisdom, courage, temperance, and justice. Legal justice as the result of the implementation of the law will have the essence of high virtue values and the requirements for correct knowledge, if implemented, will lead to fair conditions as reflected by Adab.
FESTIVAL ERAU SEBAGAI KEARIFAN LOKAL BUDAYA MASYARAKAT ADAT KUTAI KARTA NEGARA DAN PERKEMBANGANNYA DI ERA MODERN SAAT INI Aulia Vivi Yulianingrum; Sadam Kholik, Linda Setia Ningsih, Arman
HUMANITIS: Jurnal Homaniora, Sosial dan Bisnis Vol. 2 No. 1 (2024): HUMANITIS : Jurnal Humaniora, Sosial dan Bisnis
Publisher : ADISAM PUBLISHER

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Abstract

The Erau Festival, as a cultural celebration of the Kutai Kartanegara traditional community, is a real manifestation of local wisdom passed down from generation to generation. This article aims to present an overview of the Erau Festival as a manifestation of local wisdom and how this festival has adapted to the modern era. This research uses a journal-based literature method involving analysis, synthesis and interpretation of information found in scientific journals, as well as some electronic information obtained. The brief results of this research are that the Erau tradition is a tradition that has existed for a long time but is still developing to this day by continuing to be carried out every year on Kutai Kartanegara's birthday, which is packaged by the regional government in the form of a cultural festival. Currently, Erau has transformed into a multi-event, a harmonious collaboration between traditions that are still well maintained and a dynamic contemporary atmosphere. So that in this increasingly modern era, Erau as the local wisdom of Kutai Kartanegara can still be preserved as a cultural event that has distinctive characteristics, character and a strong attraction for tourists, both local and foreign tourists. The efforts above are a way for local governments to preserve culture.
PROTECTION LAW FOR PUBLIC CUSTOMS : STUDIES ON IMPACT OF CORRIDOR MINING ACTIVITIES IN PAMPANG VILLAGE, SAMARINDA Yuniarti Wijinarko; Aulia Vivi Yulianingrum; Elviandri
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21724255

Abstract

Activity coal mining is one of the sectors who contributed towards national economic development, but in its implementation it often has an impact on the environment and society. is at in around region mining, including public customs. Wrong One regionWhich affected Pampang Cultural Village, Samarinda City, is an area of the Dayak Kenyah indigenous community and is located near the mining route of the coal transportation corridor. This study aims to analyze the forms of protection law against the indigenous people of Pampang Cultural Village based on applicable laws and regulations and analyzing the implementation of legal protection for indigenous people affected by activities mine corridor. Study This use method juridical empirical withapproach sociological Law. Data were obtained through interviews, field observations, and literature studies, which were then analyzed descriptively. qualitative. Results study show that in a way normative protection law to indigenous peoples has arrangedin Constitution Base Country Republic Indonesia Year 1945, Constitution Number 32 Years 2009 about Protection AndManagement Environment Life, as well as Constitution Number 3 Year 2020 about Mining Mineral And Coal. Form protectionlaw the includes protection Preventive measures include recognizing indigenous peoples' rights, access to information, and community participation, as well as repressive protection through complaint and dispute resolution mechanisms. However, the implementation of legal protection has not been optimal because communities still feel the impacts of corridor mining activities in the form of dust, increased heavy vehicle traffic, and disruptions to the environmental comfort and living spaces of indigenous communities. From a justice theory perspective, the legal protection provided has not been fully able to realize balance betweeninterest development economy And protection rights public customs. Therefore, it is necessary to strengthen government oversight, increase the participation of indigenous communities, and commit to company mining in carry out not quite enoughanswer social And environment use realizing effective and just legal protection.
Co-Authors Dea Justicia Ardha Elviandri, Elviandri Rahmatullah Ayu Hasmiati Sadam Kholik, Linda Setia Ningsih, Arman Yuniarti Wijinarko