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Alvan Maulana Azzayni
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INDONESIA
Journal Customary Law
Published by Indonesian Journal Publisher
ISSN : 3026460X     EISSN : 3026460X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Journal Customary Law is an international legal journal that publishes research and theoretical articles related to various legal fields. The journal aims to provide scholarly and authoritative articles that discuss legal issues of current importance to both academic research and legal practice. JCL has a national and international readership and publishes refereed contributions from authors around the world. The journal also publishes review articles, but only for selected or invited authors, containing critical notices of recently published books. JCL addresses specific issues on private law, criminal justice, constitutional law, human rights, administrative law, international law, and Islamic law. JCL publishes peer-reviewed articles to increase the efficiency of the process and ensure the quality of published articles. JCL extends its warm welcome for authors to submit their research or theoretical articles that contribute to the development of legal knowledge in these fields. The journal warmly welcomes contributions from scholars with related disciplines. Novelty and recency of issues, however, are the priority in publishing.
Arjuna Subject : Umum - Umum
Articles 55 Documents
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The Influence of Globalisation in the Formation of Legislative Theory in Indonesia Utami, Tanti Kirana; Nurul Hidayatulah, Moh Aldi; Damar Nagara, Muhammad Abhiansyah; Saputra, Arya Riansyah
Journal Customary Law Vol. 2 No. 3 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v2i3.4211

Abstract

This study aims to analyse the extent to which globalisation has influenced the formation of legislative theory in Indonesia, as well as to examine Indonesia's efforts to maintain a balance between openness to international legal norms and the preservation of national legal characteristics. Globalisation has brought about significant changes in Indonesia's legal system, ranging from the increased adoption of international legal principles to transparency in the legislative process. This study uses a descriptive-analytical method with a normative legal approach and is supported by an empirical legal approach. Data was obtained through a literature review covering legislation, legal literature, and empirical facts related to legislative practices in a global context. The results of the study show that globalisation has encouraged a shift in legislative theory from a normative and centralised approach to a more participatory, adaptive, and democratic approach. Global influences are also reflected in the transformation of legal values that are more open to the principles of social justice, public participation, and the protection of human rights. On the other hand, Indonesia continues to show its commitment to maintaining its legal identity by incorporating the values of Pancasila, customs, and local wisdom into the legislative process. Therefore, legislative theory in Indonesia has developed as a result of dialogue between local values and global demands. This finding underscores the importance of harmonising national law in a way that not only follows global trends but also strengthens the sovereignty and identity of the nation's legal system.
Cases of the End of Parliamentary Interrogation in the Constitution of the Republic of Iraq for the Year 2005 (Comparative Study) Mohammed Hameed Al-Shajlawe
Journal Customary Law Vol. 2 No. 4 (2025): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v2i4.4697

Abstract

In the interim period, ie the period between the submission of the motion and discussed in the parliament, challenged opposed held its impact on the events, and ends pursued procedural. Shall be transferred without reaching its destination and this casual but that leads to recover or fall. Perhaps it is worth mentioning that the rules governing these exhibitors representing the general rules applicable to other means of media and parliamentary control on the work of the government or one of its members Calcaal Parliamentary with minor variations required by the subjective nature. Thus, the questioning ends the Bostrdadeh by the introduction unless adopted by another member or by the left and the downfall ends and have it in certain cases Kazhoal recipe introduction or demise described from the face of him or it may be the end of the duration of the legislative parliament
Prospects for the Improvement of Criminal Liability for Hostage-Taking Offenses Annakulov, Azamat
Journal Customary Law Vol. 2 No. 3 (2025): June
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v2i3.4738

Abstract

This article analyzes the problems and prospects for improving criminal liability for the offense of taking a person hostage. From the perspective of public security, the author evaluates the high degree of social danger posed by this crime and examines the deficiencies in the current legal response. A comparative legal analysis of national and international legislation is conducted to identify gaps and inconsistencies in the legal regulation of hostage-taking. Particular attention is given to the need for harmonizing Uzbekistan’s criminal code with international legal standards. The article also outlines proposals for enhancing pre-crime prevention measures and improving the efficiency of investigation and prosecution processes. Drawing on the experiences of foreign countries, the study substantiates the necessity of introducing targeted amendments to domestic legislation to ensure timely legal responses and greater protection of public safety. The author argues that a multidisciplinary and proactive legal approach, supported by interagency cooperation and modern investigative methods, is essential for effectively deterring and addressing hostage-taking offenses in contemporary criminal justice practice.
Legal Review of the Execution of Mortgage Rights on Land (Study of Constitutional Court Decision Number 10/PUU-XIX/2021) Triwanto, Triwanto; Puspaningrum, Puspaningrum; Sari, Dita
Journal Customary Law Vol. 2 No. 4 (2025): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v2i4.4743

Abstract

The execution of mortgage rights on land is a crucial element in the property security legal system in Indonesia, which allows creditors to obtain debt repayment if the debtor defaults. However, the implementation of parate executie as a non-litigious mechanism based on Law Number 4 of 1996 concerning Mortgage Rights has sparked constitutional debates, particularly regarding the debtor's right to fair legal protection. This study analyzes the legal considerations of the Constitutional Court in Decision No. 10/PUU-XIX/2021, which rejected the constitutional review of the mortgage execution norms, and evaluates the legal execution procedures post-decision. Using the normative legal research method, this article examines the approach of contractual freedom, the principle of justice, and the protection of property rights in the context of creditor-debtor relationships. The study results show that the Court views parate executie as constitutionally valid, as long as it is carried out with the principles of transparency, proportionality, and the availability of legal recourse for the debtor. Therefore, legal protection within the mortgage system is not eliminated, but must be implemented through accountable and just practices. These findings provide an important normative basis for policymakers and economic actors in ensuring that the execution of guarantees runs effectively while still upholding the constitutional rights of the parties involved.
Indonesian Migrant Workers: A Study of International Legal Protections and Their Relevance to SDGs Point 8 Yokhebed Arumdika Probosambodo; Josef Purwadi Setiodjati; Ayu Kumala Sari Hamidi
Journal Customary Law Vol. 2 No. 4 (2025): September
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v2i4.4866

Abstract

The phenomenon of Indonesian migrant workers reflects a critical nexus between labor migration, international law, and sustainable development. Indonesia is among the world’s largest labor-sending countries, with millions of its citizens employed abroad, particularly in the Middle East and Asia. Remittances from migrant workers provide substantial economic benefits for the state and households, yet these workers often face systemic vulnerabilities including exploitation, discrimination, and inadequate legal protection. This article examines the extent to which international law and Indonesia’s national legal framework safeguard the rights of migrant workers while contributing to the realization of Sustainable Development Goal (SDG) 8: Decent Work and Economic Growth. International instruments such as the 1990 International Convention on the Protection of the Rights of All Migrant Workers and their Families (ICRMW) and relevant ILO conventions provide comprehensive standards, but their effectiveness is constrained by limited ratification from key receiving states. At the domestic level, Indonesia has enacted Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers (UU PPMI), which represents a shift toward state responsibility and alignment with international human rights norms. Nevertheless, implementation challenges ranging from weak enforcement and bureaucratic overlap to insufficient diplomatic support abroad remain significant. The findings suggest that while Indonesia has made normative progress, practical protection is hindered by governance gaps and lack of cooperation from host countries. Strengthening enforcement, regional collaboration, and worker empowerment are crucial to ensuring that Indonesian migrant workers achieve genuine “decent work” as envisioned by SDG 8.

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