International Asia Of Law and Money Laundering (IAML)
International Asia Of Law and Money Laundering (IAML) is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research in multiple governance policies and civil rights law, particularly in developing and emerging countries. These may include but are not limited to various fields such as: civil law, criminal law, constitutional and administrative law, customary institution law, religious jurisprudence law, international regime law, legal pluralism governance, health law, economic law and some of the health and economic another section related to contemporary issues in legal, healt and economic scholarship.
Articles
104 Documents
<![CDATA[Mediation in the Settlement of Inheritance and Joint Property Matters in the Medan Religious Court ]]>
<![CDATA[Sitompul, Ariman]]>;
<![CDATA[Gayo, Sabela]]>;
<![CDATA[Mary, Dina]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59712/iaml.v3i2.85
<![CDATA[Conflict or dispute always exists in every human relationship in social interaction, common property is a thing that often triggers conflict in the family is known that not a few cases of conflict which resulted from the inheritance that goes to court. Disputes generally occur regarding rights and obligations that are classified in civil conflict issues can be resolved one of them by mediation both out of court and in court. Mediation in the settlement of civil cases can conducted at the beginning of litigation as well as during litigation against inheritance claims, joint property claims. Solution dispute specifically has the meaning that the dispute between husband and wife differences of opinion between the two parties due to property can also refer to disputes so that over this there is an imbalance ownership and need a good mediation process to equalize the position for both parties. This study aims to explain the legal power of mediation in court proceedings Religion Medan, the second to know the procedures for the division of inheritance and joint property according to compilation of Islamic law. Type of research used is empirical legal research with approach juridical sociological. The Data used is sourced from primary and secondary legal data analyzed qualitatively. The results of this study indicate that the legal power of mediation in the trial process in the Religious Court of Medan, namely with the deed of peace, the result of the peace agreement received legal certainty, the second division of common property according to the compilation of the law Islam is a husband or wife gets the same half because it is also seen based on taste fairness or good faith of one of the parties.]]>
<![CDATA[Glipang Rodhat: Symbolic Mediation in Divorce Resolution ]]>
<![CDATA[Isriyah, Mudafiatun]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59712/iaml.v3i2.86
<![CDATA[This research investigates the role of Glipang Rodhat, a symbolic mediation tradition, in divorce settlement. Glipang Rodhat, a traditional art form in Lumajang, East Java, has emerged as an alternative mediation method for addressing marital conflicts. By employing a multi-method approach, this study aims to comprehensively examine the effectiveness of Glipang Rodhat in facilitating fair and sustainable resolution processes. The research focuses on analyzing the symbolic representations embedded in dance movements within Glipang Rodhat performances. Through the collection of data from diverse cultural contexts, the study seeks to provide a nuanced understanding of the global dynamics influencing the mediation process. Ultimately, this research aims to identify the significance of symbolic mediation in fostering a sense of unity and interconnectedness in divorce resolution. By shedding light on the intricate relationship between cultural symbolism and conflict resolution strategies, the study contributes to the development of more holistic approaches to mediation practices.]]>
<![CDATA[Legal Protection in Consumer Dispute Resolution: Independence of the Financial Services Authority (OJK) ]]>
<![CDATA[Abdillah, Riad]]>;
<![CDATA[Sjaifurrachman, Sjaifurrachman]]>;
<![CDATA[Prakoso, Abintoro]]>;
<![CDATA[Dwi Hastri, Evi]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59712/iaml.v3i2.87
<![CDATA[The progress of the national economy is influenced by financial services. The Financial Services Authority (OJK) as an independent institution that is responsible and plays an important role in supervising and regulating management in the financial services sector, is committed to providing legal protection guarantees for consumer rights. The normative legal research method using a statutory approach and this concept approach shows the results that the Financial Services Authority (OJK) has used the concept of Alternative Dispute Resolution (ADR) as part of pseudo/quasi by establishing an Alternative Dispute Resolution Institution based on OJK Regulation Number 61/POJK.07/2020 of 2020 concerning Alternative Dispute Resolution Institutions in the Financial Services Sector as a follow-up step taken to provide legal protection to consumers in the financial services sector in regulating and resolving disputes or complaints. In addition, the independence of the Financial Services Authority (OJK) has guaranteed in protecting consumers in the financial services sector with the issuance of OJK Regulation Number 6/POJK.07/2022 of 2022 concerning Consumer and Public Protection in the Financial Services Sector.]]>
<![CDATA[Maladministration Law Enforcement: The Authority of the Ombudsman in a Fair Public Service Dispute Resolution Mechanism ]]>
<![CDATA[Yasid, Akhmadi]]>;
<![CDATA[Poesoko, Herowati]]>;
<![CDATA[Dwi Hastri, Evi]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59712/iaml.v3i2.88
<![CDATA[Maladministration law enforcement is a crucial issue in realizing excellent public services. The Ombudsman, as an independent institution, plays an important role in resolving public service disputes efficiently and fairly. Law of the Republic of Indonesia Number 37 of 2008 concerning the Ombudsman of the Republic of Indonesia in Article 26 Paragraph (2) point a triggers a vague norm that illustrates that the Ombudsman is not based on definite considerations and can be measured based on the theory of legal certainty. So that this will trigger articles that have the potential to abuse authority in the organ of the Ombudsman of the Republic of Indonesia (ORI). This type of research is normative juridical with a statutory approach and a concept approach, resulting in the fact that the Ombudsman of the Republic of Indonesia (ORI) has broad authority in handling public service disputes, including in cases of maladministration. Namely those that are not in accordance with the principles of good governance, including abuse of authority, negligence, discrimination, delay, and other actions that can harm the community. Law enforcement against maladministration can be carried out if there is legal certainty in determining the status of examinations that can be continued or not based on the concept of good governance so as to create justice.]]>
<![CDATA[An Examination of the Application of Law No. 2 of 2012 Regarding Land Procurement for Projects in the Public Interest, Focusing on the Resolution of Land Disputes for the Construction of Kediri Airport ]]>
<![CDATA[Arifin, Zainal]]>;
<![CDATA[Puasa Handayani, Emi]]>;
<![CDATA[Ghani Bayhaqi, Naufal]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59712/iaml.v3i2.89
<![CDATA[This research endeavors to address two primary research questions regarding the disputes arising in the land acquisition process for the development of an airport in Kediri. Firstly, it investigates the nature of disputes occurring during the land acquisition process for airport construction in Kediri. Secondly, it examines the resolution of land acquisition disputes for the airport development in Kediri and assesses its conformity with Law Number 2 of 2012. Employing an empirical method with a qualitative approach, this study provides insights into the aforementioned research inquirie. The findings reveal persistent challenges in land acquisition for the airport development in Kediri. The resolution of land disputes in Kediri's Airport development project does not fully adhere to the provisions of Law Number 2 of 2012 concerning land acquisition for public interest development. The mechanism of consensus-building meetings (musyawarah mufakat) proves ineffective due to power imbalances between the airport authorities and the local community. Mediation processes fail to yield agreements due to the unpreparedness of involved parties and the lack of mediator professionalism. Moreover, consignment (konsinyasi) often falls short of being an effective solution as the local community lacks adequate knowledge and comprehensive information regarding the consignment process.]]>
<![CDATA[Criminal Law Settlement Through Restorative Justice in Indonesia in Terms of Justice and Legal Certainty ]]>
<![CDATA[Mega Jaya, Arizon]]>;
<![CDATA[Mega Jaya, Aristama]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59712/iaml.v3i2.90
<![CDATA[The win lose solution nature of the criminal justice process often leads to disappointment. In addition, the judicial process, which is expected to be a formal way, turns out to be expensive, prolonged, tiring and sometimes does not solve the problem. From this phenomenon, efforts to reform the national criminal law are needed, one of which is the concept of "restorative justice". Therefore, the purpose of this research is to explain and analyse how Restorative Justice is resolved and to examine whether Restorative Justice has fulfilled the principles of justice and legal certainty. The research method used is normative juridical. The results of this study are Restorative Justice is carried out by means of a mediation and dialogue process by including victims, perpetrators, families of perpetrators / victims and other parties involved can work together to create an agreement for a fair and balanced settlement of the case for both parties whose purpose is to restore the situation to its original state and restore patterns of good relations in society. The implementation of case settlement through restorative justice as an alternative settlement of certain cases is in accordance with the purpose of the law itself, namely to fulfil the principles of justice and legal certainty.]]>
<![CDATA[Implementation of an Alternative Dispute Resolution for the Banjar Indigenous Community on Credit Agreements in South Kalimantan ]]>
<![CDATA[Yudhistira, Dhieno]]>;
<![CDATA[Fajarina, Mentari]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59712/iaml.v3i2.91
<![CDATA[Implementation of ADR dispute resolution for Banjar Indigenous Peoples regarding Credit Agreements in South Kalimantan, the resolution of a dispute is basically always resolved through public courts, whether civil lawsuits or simple lawsuits, in every credit agreement entered into by Banjar Indigenous Peoples in Kalimantan. South, for this reason a new legal problem arises if the legal settlement is taken through the Alternative Dispute Resolution (ADR) route. First: how to execute the credit agreement if using the Alternative Dispute Resolution (ADR) route. Second: how to process the agreement dispute resolution. This credit can be resolved through mediation or arbitration outside of court, especially in South Kalimantan. The method used is a type of normative legal research that is prescriptive in nature. Then regarding the research approach, the author uses a conceptual approach and a statutory approach. The legal material collection technique used is the document study or literature study technique. This research uses the syllogism deduction analysis technique which stems from the submission of a major premise and a minor premise. The major premise is the conclusion of a legal rule, while the minor premise is a legal fact that can be found. Then from these two premises a conclusion or conclusion can be drawn. The results of the research and discussion are that the implementation of Alternative Dispute Resolution in South Kalimantan cannot be separated from article 130 HIR/154 Rbg which provides the legal basis for the existence of mediation institutions in court, but apart from that ADR can also be carried out outside the court with the agreement of the parties to the dispute through preventive and repressive channels by means of prevention through the stages of prudence, supervision and through the stages of mediation, conciliation and arbitration at institutions that have been accredited by the Supreme Court in the form of replacing the dispute resolution clause in the agreement through the courts into the form of dispute resolution through the Alternative Dispute Resolution route with mediation and arbitration methods. A legal bond or relationship between the debtor (debt) and the creditor (debt giver) which regulates the rights and obligations of both parties in South Kalimantan Province. This agreement is usually accompanied by a "guarantee guarantee" (individual) agreement. As in a credit agreement, there is always collateral before making credit.]]>
<![CDATA[Customary Mediation Practices: Practical Experiences from Indonesia ]]>
<![CDATA[Gayo, Sabela]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59712/iaml.v3i2.92
<![CDATA[The current view of society no longer sees that the court is the only dispute resolution institution. The existence of court institutions has been indicated by various cases of corruption, collusion, and nepotism, better known as KKN. This is given that many products of court decisions deviate from the principles of justice, are quick and inexpensive. In this context, an alternative dispute resolution model is needed in the customary law community that is more efficient, fair and accommodating in order to maintain the continuity and sustainability of the life of the customary law community, which is more humane and equitable. The tradition of dispute resolution in customary law communities is based on the value of the philosophy of togetherness (communal), sacrifice, supernatural values, and Justice. In customary law Community, common interest is a philosophy of life that permeates every member of the indigenous community. The practice of customary mediation in this paper in practice, the karo people of North Sumatra and papu is a form of local wisdom in resolving disputes or conflicts in Customary Law communities with a community mediation approach where in Community Mediation, leaders (customary leaders) have an important role and must have skills in resolving disputes using customary rules contained in Indigenous communities. The purpose of adat mediation practices in Indonesia is the existence of community adat mediation to maintain the balance and harmony of Indigenous Peoples by prioritizing deliberation rather than dispute resolution through legal channels.]]>
<![CDATA[Implementation of the Principle of Common Heritage of Mankind According to the UN Convention on the Law of the Sea of 1982 ]]>
<![CDATA[Sitompul, Mhd. Nasir]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59712/iaml.v3i2.93
<![CDATA[Common Heritage of Mankind is a principle in the International Law of the Sea system where the principle provides freedom of Natural Resources contained in the International Seabed or Seabed Area. The regulation of international law authorizes an international organization called the International Seabed Authority to carry out its role as supervision of the implementation of the principles of Common Heritage of Mankind in the International Seabed area. Article 136 of the International Convention on the Law of the Sea, Part XI of the Area states that “ the area and its resources are the common heritage of mankind”. In applying the principles of the Common Heritage of Mankind contained in Chapter XI UNCLOS 1982 was implemented under the Implementation Agreement 1994 which then established an international organization authorized to fully regulate and manage the resources that exist in the seabed and Deep Ocean where the common heritage of mankind on behalf of it acts.]]>
<![CDATA[Implementation of International Arbitration Awards in Indonesia : Is it Final and Binding? ]]>
<![CDATA[Fachrurozy, Azriel]]>;
<![CDATA[Devano, Aldo]]>;
<![CDATA[Malida Hany, Elbirra]]>;
<![CDATA[Prasetya Mega Jaya, Belardo]]>;
<![CDATA[Justitia, Mentari]]>
<![CDATA[ International Asia Of Law and Money Laundering (IAML) Vol. 3 No. 2 (2024): International Asia Of Law and Money Laundering (IAML) ]]>
Publisher : <![CDATA[International Asia Of Law and Money Laundering ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.59712/iaml.v3i2.95
<![CDATA[International Arbitration is one of the popular dispute resolutions used by disputing parties because it has several advantages such as confidentiality, fast decision-making and in principle is final and binding. However, in Indonesia, there are still other efforts that must be carried out before the award is executed or implemented so that international arbitration awards in Indonesia are not directly executed or implemented. Therefore, the objectives of this study are: 1), to know and analyse how the implementation of international arbitration awards in Indonesia; 2) to examine how the nature of international arbitration awards in Indonesia. This research was conducted using normative juridical research methods. The results of this study are First, the Implementation of International Arbitration Awards in Indonesia can be recognised and implemented if they are registered with the Registrar of the Central Jakarta District Court, and have fulfilled the requirements in Article 66 of Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Second, International Arbitration Awards in Indonesia are final because there is no appeal at the High Court level in any province in Indonesia, and cassation or review to the Supreme Court. International Arbitration Awards are binding or enforceable/executable as long as they do not conflict with the provisions of Indonesian national laws and regulations and fulfil the provisions and stages stipulated in Law No. 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, hence international arbitration awards.]]>
