Integrating Customary Criminal Sanctions in The Resolution of Domestic Violence in Maluku

This study aims to examine the existence of customary criminal sanctions in resolving domestic violence (DV) cases in Maluku, particularly in the West Seram Regency. The research employs an empirical approach with a socio-legal model, combining the analysis of primary field data with a review of relevant legal literature. The high prevalence of domestic violence in Maluku, which continues to rise annually, raises significant concerns within society. This phenomenon not only affects victims physically and psychologically but also exacerbates social stigma against women and children who experience violence. Patriarchal culture in Indonesia reinforces gender inequality, where men are often viewed as dominant, normalizing violence against women in some instances. Additionally, victims' economic dependence on perpetrators further aggravates their situations. In Maluku, customary law plays a crucial role in community life, including in addressing domestic conflicts. However, the dominance of national criminal law, introduced during the colonial era, has marginalized the role of customary law. Despite this, in certain areas, such as West Seram Regency, customary criminal sanctions continue to be utilized for resolving domestic violence cases. The findings reveal that some customary communities in Maluku still practice traditional mechanisms to resolve DV cases. These mechanisms involve imposing customary sanctions, such as property compensation or community labor, aimed at restoring social and cosmic balance. While these practices are widely accepted within customary communities, they have limitations in addressing justice and trauma recovery for victims. The approach often emphasizes material resolutions without adequately addressing the psychological and social rehabilitation of victims

An Analysis of the Deli Serdang MUI's Opinion on the Support of a Husband of a Singer Who Dresses as a Woman

This research aims to find out the facts and reasons/factors for providing support by husbands who work as singers who resemble women. Also to find out the Deli Serdang MUI's view of the legal status of alimony provided by husbands who work as singers in Patumbak District. In the context of income for family support, a Muslim needs to choose a job or business that does not conflict with religious principles. However, some husbands choose to do work that is involved in things that Allah hates. For one reason of economic livelihood, some men choose to imitate the appearance of women in the world of entertainment because they believe this will increase their appeal to audiences, especially in entertainment genres that emphasize visual appearance. Thus, it is important to know the legal status of the income generated from this work. The method used is empirical legal research with a qualitative approach. The primary data source is from an in-depth interview (Deep Interview) with the Indonesian Ulema Council (MUI Deli Serdang Regency) and her husband who works as a singer dressed as a woman to earn a living in Patumbak sub-district, Deli Serdang district. Research findings show that the factors that cause husbands to choose to work as singers who dress like women are economic reasons and the lack of work with sufficient salary to meet the family's needs. Legal Status: The livelihood provided by the process of obtaining it violates the law, so the results are haram. His work is haram and the results are haram, so the legal status of the income he provides to his family is haram, just like we give shopping to our parents' children and wives in an unlawful way

Ensuring Fairness in Land Acquisition for Public Road Construction: A Case Study of Badung Regency

Land acquisition problems in public interest development raise various psychosocial problems in the community so psychosocial aspects must be taken into account along with the role of independent assessment experts and procurement management needed so that the community can receive compensation from the release of their land. The purpose of the author's analysis is related to the land implementation acquisition in Badung Regency and how to resolve land acquisition rejection disputes in Badung Regency. The author uses an empirical legal research method that has a function in showing the real law that exists in people's lives. The results of the study are on land acquisition for public interest for road construction in Badung Regency using the Land Acquisition Procedures and Procedures in accordance with Law Number 2 of 2012, where Badung Regency, especially the Public Works and Spatial Planning Agency of Badung Regency, Highways Sector as an Agency that requires land on a Small Scale, submits a Work Plan that is in accordance with the Badung Regency Medium-Term Development Plan and the existence of land acquisition and rejecting the compensation value has the right to reject land acquisition by filing an objection to the legal institution, namely the State Administrative Court and the District Court in the rejection, in resolving the rejection dispute, Badung Regency in resolving the dispute by means of Litigation and Non-Litigation

The Legal Imperative of Bawaslu's Oversight in Enforcing Verdict Compliance

Election is a democratic means to elect leaders and representatives of the people, where Bawaslu has a strategic role as an election supervisory institution. Bawaslu is tasked with ensuring that each stage of the election is in accordance with laws and regulations, with the legal basis listed in Law No. 7 of 2017. As a quasi-judicial institution, Bawaslu has the authority to issue decisions that are final and binding. However, in practice, the implementation of follow-up to Bawaslu decisions often faces challenges, such as disobedience or suboptimal implementation by the KPU and related parties. This study aims to examine the urgency of legal certainty in supervising the implementation of Bawaslu decisions and to determine the ideal model of supervision to fulfill the principle of legal certainty. The method used is normative juridical with a legislative approach, with primary and secondary data sources. The results of the study show that there is a legal vacuum that hinders the optimal implementation of the decision. Therefore, this study emphasizes the urgency of an integrated supervision model with strict evaluation and sanction mechanisms, which can increase compliance with Bawaslu decisions and ensure the implementation of elections in accordance with legal provisions

The Authority of Regency/City Governments in Control of Alcoholic Beverage Sales

The purpose of this research is to analyze the authority of the Regency/City Government in controlling the sale of alcoholic beverages. This research is a normative legal research using a statutory approach and a conceptual approach. Primary legal materials were collected by inventorying and categorizing laws and regulations, while secondary legal materials were collected through literature studies. Legal materials were analyzed using normative analysis. The results of the study found that the Regency/City Government is given attribution authority to control the sale of alcoholic beverages in the form of (1) Authority to provide SIUP-MB class B and C for retailers and direct sellers of drinks on the spot and (2) Authority to determine certain places that are permitted or restricted or prohibited from selling and distributing alcoholic beverages in accordance with regional characteristics in accordance with the provisions of Article 12 paragraph (3) of Law No. 23 of 2024 and its Attachments, Article 7 of Presidential Regulation No. 74 of 2013, and Article 28 of Minister of Trade Regulation No. 20 of 2014. To implement this authority, the Regency/City Government needs to form Regional Regulations and Regional Head Regulations to provide legal certainty for the implementation of alcoholic beverage sales businesses and legal protection for the community in the regio

The Legal Analysis Of The Nomination Of Former Convicts Corruptions In Convinient Elections In 2020

This research departs from the 2020 Boven Digoel Regional Head Election, where the regional head had committed criminal acts of corruption while serving as regional head for two periods, namely 2005-2010 and 2010-2013. Furthermore, when he was running again as regional head in 2020, he was a former convict. This corruption was disqualified by the constitutional court after he was re-elected as regional head because he did not meet the requirements of Per.PKPU No.1/2020. This research focuses on Per.PKPU No.1/2020. The type of research carried out by researchers uses normative legal research with conceptual, case and statutory approaches. The results of the research confirm that based on Per.PKPU No.1/2020 there is an exception which means that former corruption convicts can run for office after a five year gap period after being released from serving a criminal period in prison and former corruption convicts in Boven Digoel have fulfilled this exception. Based on the principles of popular sovereignty and democracy as regulated in Article 28C (2) UUD NRI 1945, the second amendment, former corruption convicts can participate in the state by nominating themselves as regional heads. This is reaffirmed in Article 1 (2) UUD NRI 1945. Based on Article 43 Law No.39/1999, former corruption convicts have the right to become regional leaders by nominating themselves as regional heads. Based on Article 28 (2) UUD NRI 1945, to fulfill justice, former corruption convicts are given the opportunity to become regional heads by fulfilling their human rights, such as the right to nominate themselves after a five-year hiatus from being a corruption convict

Towards Economic Optimization: Evaluating The Impact of Legal Changes

Restorative justice symbolizes a paradigm shift in enforcing criminal laws, right from focusing on penalizing the offenders to attending to mending the damages caused by crime while promoting reconciliation and restoration of relations within the society, has been found as well in the context of taxation to address violations of tax regulations. Tax law enforcement with a Restorative justice approach is considered to provide a more comprehensive and sustainable solution in dealing with violations. Dispute resolution is focused on reconciling the parties, in this case between the state which is positioned as a victim and the party who committed the violation, this is done to create a better compliance climate and reduce protracted problems. This journal article is prepared in order to analyse the impact of the implementation of Restorative justice regulated in the Law Harmonisation of Taxation Regulations. By using a doctrinal legal research method based on theory and application to regulations, it is hoped that the results of theoretical analysis based on the principle of restorative justice and the economic analysis of law approach can provide further insight into how Restorative justice applied as a law enforcement approach, especially in the field of taxation, can benefit the state as an effort to achieve harmonisation of tax regulations and their efficiency for sustainable economic

The Influence of Theorie Von Stufenbau Der Rechtsordnung in the Indonesian Legal System

The aim of this research is to analyze the influence of Hans Kelsen's Theorie Von Stufenufbau Der Rechtsordnung on the Indonesian legal system. The research method employed is legal research with a statutory and conceptual approach. Primary and secondary legal materials are analyzed using normative analysis. The findings reveal that Theorie Von Stufenufbau Der Rechtsordnung significantly impacts the Indonesian legal system. There are at least two main influences identified. First, the system of laws and regulations in Indonesia has been structured hierarchically since the enactment of the Temporary People's Consultative Assembly Decree No. XX/1966 up to the present day. However, this hierarchy is not absolute, especially concerning the positions of Perppu and People's Consultative Assembly Decrees. Second, there is a recognized mechanism for reviewing legal norms to ensure their validity, whether through judicial review, political review, or executive review. The hierarchical structure of Indonesia's legal system reflects Kelsen's theory, which posits that law consists of interrelated levels of norms. Each level derives its authority from the norm above it, with the basic norm at the apex, serving as the source of legitimacy for the entire legal system. In the Indonesian context, this basic norm can be identified as the UUD NRI 1945, which underpins all subordinate legislation. The review mechanism for legal norms also illustrates the influence of Kelsen's theory. Judicial review, conducted by the Constitutional Court, assesses whether a law aligns with the Constitution. Political review is undertaken by legislative bodies such as the DPR, which can evaluate and amend legislation. Executive review is carried out by executive bodies, such as the President or ministers, who have the authority to adjust or repeal regulations deemed inappropriate

Risk-Based Licensing Arrangements: Between Convenience and Legal Certainty

Government through Law No.6/2023 has changed the licensing system which originally used the concept of licensing (license-based) to became risk based (risk based approach). The change in approach was carried out by the government in an effort to simplify licensing considering that the concept of licensing in practice tends to be complicated and hampers the business sector.  In setting up a risk-based licensing system, the use of license is only required for businesses with certain risk standards. The change in approach to the licensing system brings convenience, but with the application of uncertain risk standards it will injure legal certainty in society. Therefore, this study will raise issues related to legal certainty in the regulation of risk-based licensing systems. This research was conducted using a normative juridical method using a statute approach and conceptual approach. The result of this study will show that there are problems in legal certainty in risk-based licensing arrangements, so the government could be more careful in implementing the risk-based licensing syste

Reframing Prosecutorial Legitimacy: Embracing Restorative Justice in Criminal Case Discontinuation

This research aims to find out and understand the scope of the Prosecutor's office, especially in the field of prosecution in the criminal justice system, as explained in this journal, namely regarding regulations related to the authority of the Prosecutor in implementing the termination of prosecution for criminal cases based on the principle of restorative justice and regarding obstacles to the implementation of restorative principles. justice at the prosecution stage. This research was carried out using a statutory regulatory approach and a conceptual approach using library data, namely normative juridical, which was carried out by examining library materials or secondary materials that were collected and analyzed qualitatively. The authority of the Prosecutor's Office in implementing the Termination of Prosecution is strictly regulated in the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative justice and is supplemented by the Circular Letter of the Deputy Attorney General for General Crimes Number 01/E/EJP/02/2022 dated 10 February 2022 and in its implementation Restorative justice is considered capable of being a solution in resolving cases quickly with the main principle of prioritizing participation between victims, perpetrators and the community as well as restoration of a situation. Furthermore, in implementing the termination of prosecution of a case, it is not impossible that there are obstacles that must be faced by the Prosecutor as Public Prosecutor, especially in reconciling the interests of the victim and the perpetrator in achieving peace