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History of Customary Law Putra, Naufal Thariq Eka; Pangestika, Elza Qorina
Rechtsnormen: Journal of Law Vol. 2 No. 1 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i1.738

Background. This article discusses the history of customary law, emphasizing its role in shaping community behavior. Human beings, from birth, have an instinct to understand the phenomena in social life, which form customs and manners. Purpose. Customs, including customary law, reflect the deposits of morality in society. Method. This study includes historical analysis and highlights the influence of Hinduism in the Hindu Age as well as the influence of Malaio Polynesia in other areas. Results. Customary law, with specificities such as its religio magical/religious aspects, is recognized as the result of acculturation between the customary rules of the Pre-Hindu era and Hindu, Islamic and Christian cultures. This article provides a brief understanding of the role of customary law in the historical context and discusses its influence on community life. The social and cultural implications of the continuation of adat law are also discussed in the context of contemporary society. Conclusion. This study provides a concise view of the historical dynamics of customary law, enhancing our understanding of the relationship between custom, historicity and social development.

The Effect of Firearms Regulatory Policies on Violent Crime Rates: Panel Data Regression Analysis Marshinta, Fransisca Ully; Gunawan, M. Indra; Saraya, Sitta; Jixiong, Cai; Nirwana, Muhammad Alfaruq
Rechtsnormen: Journal of Law Vol. 2 No. 3 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i3.783

Background. Background The fields of public policy and criminological research continue to debate the influence of firearm regulatory policies on violent crime rates. Policies regarding the ownership and use of firearms vary between countries, with looser rules in certain countries. A fundamental question arises regarding how much these firearm regulatory policies have an impact on the level of criminal violence in society. Purpose. Using panel data, this research examines the impact of firearm regulatory policies on levels of criminal violence. Strict policies on firearms can reduce violence in society, that's the main goal of the research. This research also examines additional factors that may influence the relationship between firearms policy and violent crime. Method. This research method uses panel data analysis, this panel data includes information on firearms regulatory policies, violent crime rates, and other control variables from a number of countries or regions during the same time period. Regression analysis is used to evaluate how these variables relate to each other. Results. The results of the research from the results of the regression analysis show that a decrease in the level of violent crime in society is significantly related to the implementation of stricter firearm regulatory policies. Additionally, it has been proven that control variables such as education level, population density, and unemployment rate have a significant impact on violent crime rates. Conclusion. Thus, the results of this study show how important it is to implement strict firearms regulatory policies in efforts to combat violent crime. This research provides strong evidence that firearm regulatory policies can serve as an effective way to reduce levels of violence in society, although it is still necessary to consider other variables that may influence levels of violence.

Comparative Analysis of the Use of Customary Law in Land Dispute Resolution: Case Study Approach Judijanto, Loso; Utama, Andrew Shandy; Sahib, Abdul; Sumarna, M. Ibnu; Zulfikar, Muh. Reza
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.796

Background. Background Customary law is a legal system that has existed since ancient times in many communities in Indonesia. However, with modernization and globalization, the use of customary law in land dispute resolution is often overlooked or defeated by positive law. Therefore, it is important to conduct a comparative analysis of the use of customary law in land dispute resolution to understand its relevance in the context of modern law. Purpose. The purpose of this study is to investigate the comparative use of customary law and positive law in land dispute resolution. The specific objective is to evaluate the effectiveness, fairness and sustainability of each approach in resolving land conflicts. Method. The research method used is a case study approach. Case studies were conducted on several cases of land dispute resolution in various regions in Indonesia involving the use of customary law and positive law. Results. The results show that the use of customary law in land dispute resolution often provides solutions that are more in line with local needs and traditional values of the community. However, positive law also has an important role in providing legal certainty and protection of individual rights. Conclusion. Based on the results of the comparative analysis, it is concluded that both approaches have their own advantages and disadvantages. Therefore, the integration between customary law and positive law can be a more optimal solution in resolving land disputes in Indonesia, by taking into account the local context and individual rights in a balanced manner.

The Influence of Socio-Economic Factors in Compensation Assessment: Case Study in District Court Suprayitno, Degdo; Safkaur, Terianus L.; Yumame, Jackson; Sapioper, Hiskia C. M; Sriyono, Sriyono
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.797

Background on the influence of socioeconomic factors in the assessment of damages is important as legal systems in many countries, including Indonesia, often consider various factors when determining the amount of fair compensation for victims in civil cases. Socioeconomic factors such as income, social status and employment can affect a person's ability to obtain adequate compensation after suffering a loss. This research aims to study how district courts use socioeconomic factors to make decisions on the assessment of damages. This involves finding and understanding what components are most influential in the decision-making process. The quantitative method involved in-depth interviews and data collection. It also involved obtaining information from judges, lawyers, and other relevant parties to learn more about the socio-economic components that influence the assessment of punitive damages. This research may find that socio-economic components such as income, occupation or social status have a significant influence on the assessment of damages by the district court. For example, although the losses suffered may be the same, victims with low incomes are likely to receive lower damages than victims with high incomes. This research leads to the conclusion that action is needed to improve fairness in the assessment of damages in the district courts. This can be achieved by raising awareness of the impact of socio-economic factors and ensuring that all parties under the law receive fair treatment.

Examining the Paradigmatic Shift in Legal Policies Concerning Land Redistribution as an Imperative Obligation Imposed on Plantation Companies for the Advancement of Community Plantation Enterprises Simorangkir, Tarbarita; Chaidir, Ellydar; S, Thamrin
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.816

Background. The existence of Article 28 of Law Number 11 of 2020 in conjunction with Government Regulation in Lieu of Law Number 2 of 2022 and Law Number 6 of 2023 Paragraph 3 on Job Creation, Government Regulation Number 26 of 2021 on the Implementation of the Agricultural Sector. Purpose. Minister of Agriculture Regulation Number 18 of 2021 on the Facilitation of Community Plantation Development, Minister of Agrarian and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia Regulation Number 18 of 2021 on the Procedures for Determining Management Rights and Land Rights, and Circular Letter of the Minister of Agrarian and Spatial Planning/Head of the National Land Agency Number 11/Se-Hk.02.02/Viii/2020. Method. the Implementation of Company Obligations in Facilitating Community Plantation Development collectively render the imperative of land redistribution for community plantations, constituting 20% of the aggregate land entitlements vested in plantation enterprises, not as an enforceable obligation but rather as an elective premise, wherein the ethos of facilitating community plantation development is underscored. This scholarly inquiry adopts a Normative Juridical methodology, employing both legislative scrutiny and a case study approach. Results. The findings assert, that the extant regulatory framework concerning land redistribution, as a commitment levied upon plantation entities for fostering community plantation initiatives, presently lacks parity, given that the apportionment of 20% (twenty percent) of land expanses granted under Business Use Rights or from the territories delineated in Plantation Conclusion. Business Licenses or Cultivation Business Licenses, earmarked for community beneficiaries, no longer carries the hallmark of an obligatory tenet but is relegated to the sphere of discretionary choice within the ambit of community plantation development facilitation programs.

Review of the Implementation of the Criminal Justice Process in Sexual Violence Cases: Case Studies in District Courts Mulyana, Yusep; Rosmini, Sitti; Cindrapole, Andi Cakra; Zuraidah, Zuraidah; Lestahulu, Ridwan Fauzy
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.840

Background. The background research on the review of the criminal justice process in cases of sexual violence is highly relevant as these cases often cause controversy and concern in society. These cases not only damage individuals physically and psychologically, but also make people distrust the justice system. It is imperative to evaluate how the criminal justice process is carried out in dealing with sexual violence cases in the District Court, where such cases are processed. Purpose. This study aims to evaluate the effectiveness and efficiency of the criminal justice process in cases of sexual violence in the District Court. This case study also identifies key stages in handling sexual violence cases, from investigation to final decision. An additional objective of this study was to discover obstacles that may be encountered in the implementation of the criminal justice process. Method. Qualitative field research is used. Data will be collected through direct observation of the criminal justice process in sexual violence cases at the District Court, interviews with judges, prosecutors, lawyers, and other parties related to the case, and analysis of documents relating to sexual violence cases that have been processed. Results. The research shows that despite efforts to improve the criminal justice process in sexual violence cases at the District Court, there are several issues that need to be addressed. The results showed that some cases were delayed, there was a lack of support for victims, and sometimes disagreements between the law enforcement agencies involved. However, it was also found that positive progress has been made to improve the efficiency and effectiveness of the criminal justice process in sexual violence cases. Conclusion. This research found that, although there are obstacles and barriers in carrying out the criminal justice process in sexual violence cases in the District Court, there is still room for improvement and reform. To ensure justice for all parties involved in sexual violence cases, better collaboration between relevant institutions, better support for victims, and strengthening of legal procedures are needed.

The Effect of Income Tax Policy on Foreign Direct Investment: Panel Data Analysis in Developing Countries Judijanto, Loso; Fakhriah, Syahriati; Guilin, Xie; Ladjin, Nurjanna; Rizani, Ahmad
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.858

Background. Research Background Foreign direct investment (FDI) is an important component in accelerating the economic growth of developing countries. As competitive tax rates can be an important factor in foreign investors' investment location selection, income tax policy has been the focus of attention in an effort to attract FDI. However, the real impact of these tax policies on foreign direct investment flows in developing countries is still in doubt. Purpose. This study aims to understand whether a reduction or increase in income tax rates has a significant impact on the amount and flow of foreign direct investment in developing countries, using panel data analysis. This research is expected to enhance the understanding of the role of tax policy in attracting FDI and its implications for the economic growth of developing countries. Method. This study aims to understand whether a reduction or increase in income tax rates has a significant impact on the amount and flow of foreign direct investment in developing countries, using panel data analysis. This research is expected to enhance the understanding of the role of tax policy in attracting FDI and its implications for the economic growth of developing countries. Results. The analysis shows that developing countries' income tax policies and foreign direct investment are closely linked. The main results show that a reduction in income tax rates tends to increase foreign investment inflows, while an increase in rates can have the opposite effect. In addition, the interaction between tax policy and other economic components, such as political stability and infrastructure, also affects the impact of tax policy on FDI. Conclusion. This study shows that income tax policy plays an important role in determining the level of foreign direct investment in developing countries. Developing countries can increase foreign investment flows by lowering income tax rates. However, to create an effective policy, it is also necessary to consider other aspects such as political stability, regulation, and infrastructure.

Indonesia's Sustainable Fisheries Agenda: From Policy to Practice of Indonesian National Plan of Action Apriliana, Adhitya Nini Rizki
Rechtsnormen: Journal of Law Vol. 2 No. 3 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i3.909

Background. There are still unanswered questions regarding illegal fishing practices in Indonesia that pose a significant threat to biodiversity and contribute to the overexploitation of fisheries resources. Purpose. Not only grappling with the imbalance between abundant fishing potential, this practice essentially includes a range of other offenses beyond the act of stealing fish. Method. To address these pressing challenges, Indonesia has taken steps to optimize its national marine and fisheries resources. As a member of RPOA-IUU in 2007, it was immediately brought to the attention of this archipelagic nation of more than 17,000 islands in Southeast Asia to develop a National Action Plan (NAP) as a means to combat illegal fishing practices in Indonesian waters. Results. After being implemented for almost a decade, illegal fishing practices continue to occur. This socio-legal research questions the effectiveness of Indonesia's National Action Plan in combating illegal fishing. Through a combination of statutory and conceptual approaches, this research analyzes how this national instrument aligns with the Fisheries Legislation Model to address illegal fishing at the national level. Conclusion. It finds that this phenomenon is supported by the lack of essentials in fishing activities such as engine fuel, fishing gear, boat engines, supplies, and logistics that are still difficult for fishers to access. Similarly

Evaluation of the Effectiveness of Mediation as an Alternative for Civil Dispute Resolution: Quantitative Research in District Courts Kathryn, Morse; Amini, Taufiq; Kalijunjung, Kalijunjung; Pitriani, Pitriani; Lubis, Arief Fahmi
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.919

Background. Background This research is based on the need for an effective alternative for the resolution of civil disputes in the District Court due to the problems that often arise in the conventional justice system. Mediation has been considered as one of the promising alternatives, but there has been no thorough evaluation of how effective this method is in the context of the District Court. Purpose. This study aims to quantitatively evaluate how effective mediation is as an alternative to civil dispute resolution in the District Court. Method. The quantitative method collects data through surveys and interviews with mediation participants. The aim was to determine how effective mediation is as an alternative to civil dispute resolution in the district courts. The data collected was then analyzed to identify factors that influence the success of mediation. Results. This study shows the success rate of mediation as a civil dispute resolution option in the District Court and the factors that influence the outcome. Conclusion. This study found that mediation can serve as an effective alternative to civil dispute resolution in the District Court. However, the study also emphasizes that further attention is needed to the factors that determine the success of mediation. The research also provides a basis for policy and practice recommendations that can improve the success of mediation in civil dispute resolution in the District Courts.

Legal Consequences of Operating an Unlicensed Vocational Training Institution in Bali Wijayanti, Ni Ketut Ratna Vitri; Suandika, I Nyoman; Suryana, Kadek Dedy
Rechtsnormen: Journal of Law Vol. 2 No. 2 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v2i2.976

Background. Non-formal education organized for people who need provision of knowledge, skills, life skills, and attitudes to develop themselves, develop a profession, work, independent business, and / or continue their education to a higher level. Purpose. This thesis aims to analyze the legal consequences and legal processes that Courses and Training Institutions are one form of unit taken from carrying out unlicensed job training institutions in Bali. Method. This research is conducted with normative legal research method, namely through literature study of laws and regulations related to vocational training institutions and their operational licenses. Results. The results of this research are expected to provide a clear understanding of the legal consequences that can arise from misusing the work training institute license given by the Government to the work training institute in Bali, where the discussion of legal consequences and what legal process will be taken when the parties feel harmed as a result of the work training institute carrying out activities without a license in Bali. Conclusion. As well as knowing how to seek permission to legalize the operational license of a vocational training institution so that the training institution can be said to be legal. And can be a job training institution for people who need provision of knowledge skills and life skills, to develop themselves, develop their profession, work independently. Job Training Institutions also function as educational services that function as substitutes, additions, or complements to formal education in order to support education in school.Where in Government Regulation Number 5 of 2021 concerning this PP, regulates Business Licensing based on the level of risk of business activities.

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Adam Mudinillah

Contact Email
adammudinillah@staialhikmahpariangan.ac.id

Phone
+6285379388533

Journal Mail Official
adammudinillah@staialhikmahpariangan.ac.id

Editorial Address
Jln. Batu Tujuh Tapak, Jorong Sungai Tarab, Kec. Sungai Tarab, Kab. Tanah Datar Prov. Sumatera Barat

Location
Kab. tanah datar,

Sumatera barat

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Adam Mudinillah

Contact Email adammudinillah@staialhikmahpariangan.ac.id

Phone +6285379388533

Journal Mail Official adammudinillah@staialhikmahpariangan.ac.id

Editorial Address Jln. Batu Tujuh Tapak, Jorong Sungai Tarab, Kec. Sungai Tarab, Kab. Tanah Datar Prov. Sumatera Barat

Location Kab. tanah datar, Sumatera barat INDONESIA

Abstract

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Contact Name
Adam Mudinillah

Contact Email
adammudinillah@staialhikmahpariangan.ac.id

Phone
+6285379388533

Journal Mail Official
adammudinillah@staialhikmahpariangan.ac.id

Editorial Address
Jln. Batu Tujuh Tapak, Jorong Sungai Tarab, Kec. Sungai Tarab, Kab. Tanah Datar Prov. Sumatera Barat

Location
Kab. tanah datar,

Sumatera barat

INDONESIA