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Luh Ketut Ayu Manik Sastrini
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Focus Journal Law Review
Published by UNIVERSITAS BALI DWIPA
ISSN : -     EISSN : 28297415     DOI : 10.62795
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Focus Journal Law Review (FJL) is a blind peer-reviewed journal dedicated to the publication of quality research results in the field of law. All publications in Focus Journal Law Review (FJL) are open access which allows articles to be freely available online without any subscription.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 52 Documents
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Study of Constitutional Court Decision No. 35/PUU-X/2012 and Analysis of Customary Forest Management Regulations in Indonesia and Malaysia I Made Arya Utama
Focus Journal : Law Review Vol 6 No 1 (2026): Focus Journal Law Review Vol. 6 No. 1 Mei 2026
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v6i1.444

Abstract

That in the Constitutional Court Decision No. 35/PUU-X/2012 stipulates that customary forests are forests located in customary areas, no longer state forests, through the Constitutional Court Decision No. 35/PUU-X/2012, the Constitutional Court stipulates that customary forests are forests located in the areas of customary law communities and changes their status so that they are no longer state forests. The urgency of this research aims to examine the Constitutional Court Decision No. 35/PUU-X/2012 and Analysis of Customary Forest Management Regulations in Indonesia and Malaysia. The research method used in this research is the normative legal research method. The results of the research show that the Constitutional Court accepted and adjudicated the request for material review of Law Number 41 of 1999 concerning Forestry. The considerations given by the Constitutional Court in the Decision of the Constitutional Court of the Republic of Indonesia Number 35/PUU-X/2012 broadly state that Article 18B paragraph (2) and Article 28I paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) have provided recognition and protection for the existence of customary forests in unity with the customary rights territory of a customary law community. This is a consequence of the recognition of customary law as living law that has been in place for a long time, and continues to the present day. Therefore, placing customary forests as part of state forests is a disregard for the rights of customary law communities. Furthermore, the management of customary forests in Indonesia and Malaysia has fundamental differences. Indonesia recognizes customary forests within state forest areas as "rights forests", while Malaysia applies a system in which the management of customary land and forests is more integrated with state agrarian law, especially in the regions of Sabah and Sarawak.
Application of the Law on the Eradication of Corruption in Banking Crime Cases (Study of Several Judges' Decisions) Andrey Anandia Prahidayat; Waluyadi; Ari Nurhaqi
Focus Journal : Law Review Vol 6 No 1 (2026): Focus Journal Law Review Vol. 6 No. 1 Mei 2026
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v6i1.445

Abstract

This research aims to determine the basis for judges' considerations in rulings on banking cases that are corruption crimes, and to analyze the types of banking crimes that can be categorized as corruption. This research uses a normative juridical method with a statutory and case-based approach. The results show that judges' considerations in banking crime cases and corruption cases in the banking sector have fundamental differences. In banking crime cases, judges emphasize violations of banking regulations, the principle of prudence, and official responsibilities, without directly linking them to state finances. Meanwhile, in corruption cases, judges assess abuse of official authority, unlawful acts in the management of funds, and a direct link to state financial losses. The form of banking crime that can be categorized as corruption is determined by fulfilling the elements of abuse of authority, unlawful acts, and state financial losses. Therefore, this qualification is not automatic but must be based on a comprehensive legal assessment of the act, the perpetrator, and the resulting consequences.

Page 6 of 6 | Total Record : 52

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