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Leges Privatae
Published by PT Anagata Sembagi Education
ISSN : -     EISSN : 30483123     DOI : 10.62872/h75hwb10
Core Subject : Education, Social,
Law, Crime, Criminology & Criminal Justice Other
Leges Privatae (LP) is a peer-reviewed, open access international journal that discusses politics of law in general and discuss discourses on the development of civil law and government policy from various perspectives. All submitted manuscripts will be reviewed by the editors and then evaluated by a minimum of two International Reviewers through a double-blind review process. This is to ensure the quality of manuscripts published in the journal.
Arjuna Subject : Umum - Umum
Articles 5 Documents
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Search results for , issue "Vol. 1 No. 2 (2024): AUGUST - JOY" : 5 Documents clear
Authority Of Non-Muslim Notary In Making Sharia Deeds Arifin, Aan Guswandi
Leges Privatae Vol. 1 No. 2 (2024): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/qntwbh81

Abstract

This research discusses the urgency and regulation of sharia certification for notaries in making sharia deeds, as well as the implications of the use of foreign languages in such deeds. Shariah certification is identified as an important step to ensure notaries' competence in understanding the elements of shariah, although it is not yet a legal obligation. This certification is particularly relevant for non-Muslim notaries who may face obstacles in explaining the contents of sharia deeds that use Arabic and quotations from the Qur'an, in accordance with the requirements of Article 43 of the Law on Notarial Position (UUJN-P) which requires the deed to be made in Indonesian. This research highlights that the validity of sharia deeds is not determined by the religion or beliefs of the notary, but rather by the fulfillment of the formal and material requirements in accordance with Article 38 of the UUJN-P. Nonetheless, deeds that do not comply with Article 38 of UUJN-P are only considered as underhand deeds, with lower evidentiary power. Therefore, sharia certification is considered important to ensure that sharia deeds are made in accordance with established standards, although it does not determine the validity of the deed. This research also recognizes that the term 'non-Muslim notary' is not official and only appears in an academic context, given the absence of religious requirements in notary appointments under Article 3 of UUJN-P.
Implementation of the Validity of the Belis System Marriage Related to the Reduction of Inheritance Rights on Land in Hambapraing Village, East Sumba Regency Djae, Arnold Paul Kurniawan
Leges Privatae Vol. 1 No. 2 (2024): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/krn26k54

Abstract

Indonesia has cultural diversity that is reflected in marriage traditions, including belis, which is an important dowry in the customs of the people of Hambapraing Village, East Sumba Regency. Belis not only has a material value, but it is also symbolic, reflecting the appreciation and binding of the family relationship between the bride's family. Although national law through the Marriage Law regulates the conditions for the validity of marriage, traditional traditions such as belis are still considered valid if they meet the provisions of religious and state law. This study examines the validity of marriage with belis and its impact on inheritance rights, especially in patrilineal societies that prioritize boys as the main heirs. Girls generally receive a smaller share of the inheritance, depending on the gift from their parents or brother. Customary law is recognized by the 1945 Constitution and the UUPA, as long as it does not conflict with the national interest. With empirical legal research methods and conceptual approaches, this study combines primary and secondary data to analyze the interaction between customary law and national law. The results showed that marriage with belis was legally legal, with belis reflecting the value of nobility and family interaction in society.
The Influence of Globalization on Customary Legal Systems: A Review from an Archipelago Perspective Firayani
Leges Privatae Vol. 1 No. 2 (2024): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jr2skf74

Abstract

This article examines the impact of globalization on customary law systems in the archipelago, focusing on changes that occur in the structure and practice of customary law amidst the flow of modernization. Globalization has brought various significant impacts on customary law, both in positive and negative aspects. This study uses literature study and case analysis methods to evaluate how customary law adapts to or is affected by global trends. The results show that globalization affects customary law in various ways: from adjustments to international legal practices to challenges in maintaining local cultural identity. The author also notes that although globalization brings opportunities for the protection and recognition of customary rights through international cooperation, this is often accompanied by pressure to align customary norms with global standards that may not always be in accordance with local values. This article suggests the need for a balanced approach between maintaining the richness of customary law and adapting to global developments to ensure the sustainability of customary law systems in the archipelago.
Evolution and Development of Customary Law in the Archipelago: From Tradition to Modernity Noviya, Anis
Leges Privatae Vol. 1 No. 2 (2024): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/etmv2j54

Abstract

Customary law in the archipelago is a deep cultural heritage and plays a significant role in the lives of traditional communities. This article examines the evolution and development of customary law in Indonesia, from its traditional roots to its adaptation in a modern context. This study aims to understand how customary law, which was originally local and traditional, has adapted to social, political, and legal changes that have occurred at the national and global levels. Through a historical approach and literature analysis, this article identifies important stages in the evolution of customary law, including the influence of colonialism, integration with the national legal system, and post-independence legal reform. The main focus lies on how customary law adapts to the dynamics of modernity while maintaining its cultural essence. This study also explores the challenges faced by customary law in facing globalization and social change, as well as efforts to maintain its sustainability amidst an increasingly dominant national legal system. The results show that customary law has undergone significant changes but continues to play an important role in society. Adaptation of customary law includes adjusting norms and practices to align with national law and modern values, without losing its original cultural identity. This article concludes that although customary law faces various challenges, it continues to contribute to the preservation of culture and dispute resolution in indigenous communities, as well as playing a role in the development of more inclusive national laws.
Transformation of Customary Law in the Digital Era: Opportunities and Challenges in the Archipelago Faradina, Anggia
Leges Privatae Vol. 1 No. 2 (2024): AUGUST - JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/v94f8k66

Abstract

The transformation of customary law in the digital era faces complex dynamics in the archipelago, where information and communication technology acts as a catalyst for change in various aspects of social and legal life. This article explores how digital advances affect customary law practices and cultural identities in Indonesia, and analyzes the opportunities and challenges that arise from the integration of technology into customary law systems. Using a qualitative approach, this article examines several cases across the archipelago to illustrate how digital technologies such as web-based applications, data management systems, and social media platforms are accelerating the process of customary law transformation. These transformations include the digitization of customary law administration, increased transparency in dispute resolution, and the potential for the preservation and promotion of local culture globally. However, the use of technology also poses significant challenges, such as the risk of loss of cultural authenticity, shifting traditional values, and unequal access to technology in more remote indigenous communities. This article also discusses how a culturally sensitive and inclusive approach can help address these challenges, by providing recommendations for policies and practices that support equitable and effective technology integration. The results of this study show that while digital technology offers opportunities to strengthen and develop customary law, it is important to pay attention to its impact on the social and cultural structures of indigenous communities. A holistic and participatory approach will be key to ensuring that the transformation of customary law in the digital era goes hand in hand with the preservation of cultural values ​​and community rights.

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