Journal Masalah-Masalah Hukum-
Masalah-Masalah Hukum, Volume 48; doi:10.14710/mmh.48.1.2019.111-122
Abstract:Legal means to obtain the recognition of indigenous communities in Indonesia are still scattered in a number of different regulations. Law on Village 2014 also obligates the government to arrange the system to conduct legal acknowledgements for Adat Villages. Tarung Village is a traditional village which situated in West Sumba Regency. The Members are still living in their own customary laws and embracing their local spiritual belief system as a living culture. Until recently, their village haven’t yet enjoyed the formal ackonwledgement they deserve as a united indigenous community nor as Adat Village. A number of mechanisms to obtain the acknowledgment require particular processes of identification and validation. This research is an initial effort to undertake the processes. In addition, it also aims to conduct a defensive legal protection by documenting the customary laws with interview method. The result displays the legal means to gain the existential acknowledgement which had been undertaken by the custodians of The Village and the Local Government.
Masalah-Masalah Hukum, Volume 48; doi:10.14710/mmh.48.1.2019.1-12
Abstract:There are indigenous peoples who have their own traditional value in passing the prevention of forest destruction. Before the establishment of legislation on Preventing Forest Destruction in Indonesia, the indigenous people of Dalihan na Tolu have their own rules in preventing forest destruction. The customary law of Dalihan na Tolu has governed: the model of settlement of forest degradation disputes, the universal rules of indigenous peoples of Dalihan na Tolu on the prevention of forest destruction, the form of sanctions imposed on forest destruction parties, and the form of oversight in the implementation of the prevention of forest destruction.
Masalah-Masalah Hukum, Volume 48; doi:10.14710/mmh.48.1.2019.32-48
Abstract:One of the crucial problems after enactment of Government Administration Act (UUAP) concerns the extent to which the scope of court jurisdiction relating administrative torts (onrechtmatige overheidsdaad) or OOD, as intended in Article 1365 of the Civil Code. There are at least two different views on the issue. First, administrative court mutatis mutandis has power to resolve the case relating onrechtmatige overheidsdaad, this view is represented by Supreme Court Circular or Surat Edaran Mahkamah Agung (SEMA) No. 4/2016. A different view holds that the OOD act is a genus whereas the factual act as referred to UUAP is a species. This second view is not mutatis mutandis totally transferring the authority of civil judges to administrative court try the OOD case. This difference of opinion is important to be studied more thoroughly in order to know the real issue of the different views.
Masalah-Masalah Hukum, Volume 48; doi:10.14710/mmh.48.1.2019.13-24
Abstract:When ideological contestation in law is controlled by the logic of the majority. Then the consequences of the legal logic will be controlled by the logic of oppression. In this context, minorities whether based on religion, ethnicity, gender or sexuality are difficult to pursuit justice. Access to justice is possible as long as minority representation is also present in state law. This paper aims to examine the concept of legal pluralism in Progressive law. Thus, it will also provide alternative ideas for resolving the problem of discrimination of minority groups. Satjipto Rahardjo’s Progressive law has a philosophical basis that sees that the discourse of law is never be final and legal pluralism will provide justice. In the progressive law reasoning, legal pluralism will be discussed with recognition and redistribution political theory, so that it will tear down constellation of hierarchical structures and provides justice for minorities or “the others”. Therefore, state law is no longer the rule of majority.
Masalah-Masalah Hukum, Volume 48; doi:10.14710/mmh.48.1.2019.49-59
Abstract:The presence of the space industry which sends to be dominated by private companies in developed countries has encouraged the need for developing country national legal framework thar are accomodative to regulate commercial space activities. On the other hand there are developing countries that have space activities and have national legal instruments, on the other there are developing countries that have just started space activities but do not have national legal instrument. Therefore, the arrangement of international and national legal instrument that regulate the interest of developing countries is urgent. In addition, this study show that existing legal transformation is not successful considering the transformation is not less attention to the full interest of the parties concerned.
Masalah-Masalah Hukum, Volume 48; doi:10.14710/mmh.48.1.2019.60-70
Abstract:This conceptual idea aims to conduct a study of the prevention of criminal acts of illegal levies to realize good governance. This conceptual idea examines issues regarding what are the factors that lead to the ineffectiveness of the surveillance system in preventing illegal acts of crime in public services. The ineffectiveness of the supervision system is due to the lack of direct supervision during the transaction process between service users and the apparatus, the absence of special laws governing criminal acts of illegal levies, and the existing supervisory system has not been built integrally. In order to prevent criminal acts of illegal levies, the construction of an independent supervisory institution model is needed, whose main task and function is to provide witnesses in all transactional activities for the effectiveness of public services.
Masalah-Masalah Hukum, Volume 48; doi:10.14710/mmh.48.1.2019.25-31
Abstract:Conflicts that ended in court disputes often occurred in the former Kotaringin Kingdom related to the former kingdom lands. Phenomenon of substantive injustice related to former kingdom land policy in the Dictum Fourth letter A UUPA which abolishes former kingdom land and shifts to the State, is an injustice felt by former kingdom parties. Research with the Socio Legal approach with social science methods and theories about law. This research was focused on looking at the facts of the conflict that ended in court disputes and the solution to prevent the disputes of former kingdom land in Kotawaringin Barat.
Masalah-Masalah Hukum, Volume 48; doi:10.14710/mmh.48.1.2019.80-97
Abstract:A criminal act by corporation is criminal offense that can be asked for criminal liability to the corporation in accordance with the laws and regulations concerning the corporation. Banks as corporate legal entities can be prosecuted before the law and tried if in carrying out their business activities the bank is suspected of committing a crime that is threatened with criminal sanction, including committing a crime of money laundering or corruption. Corporation can be punished to pay fine penalties and other additional penalties such as dissolution or revocation of business licenses. As a trust-based financial institution, if a bank commits a crime, the impact caused by the crime is not only detrimental to the bank itself, damages the reputation of the bank but also harms the community of depositors and other parties responsible for handling bank resolutions. Looking at the impact, the application of corporate criminal responsibility to banks must be carried out carefully and selectively. If these sanctions happen to a large-scale bank (systemic bank), it can be multiple effects cause.
Masalah-Masalah Hukum, Volume 48; doi:10.14710/mmh.48.1.2019.71-79
Abstract:This research analyzes the Constitutional Court Decision Number 16/PUU-XVI/2018 that has been canceled Article 122 letter l and Article 245 section (1) from the Law Number 2 of 2018. Article 122 letter l is related to legal steps or other steps that can be taken by The Council Honor Court in the event that there is individuals, groups of people, or legal entities who criticize the House of Representatives or members of the House of Representatives, while Article 245 section (1) relates to the consideration given by the Council Honor Court in the event of a summons or request for investigation into members of the House of Representatives. Both articles are considered unconstitutional and contain an extension of the authority of the Council Honor Court. The appearance of the two articles was influenced by the political configuration of the authoritarian House of Representatives and the naming of the Council Honor Court which deemed inappropriate.
Masalah-Masalah Hukum, Volume 48; doi:10.14710/mmh.48.1.2019.98-110
Abstract:The usual legal system of civil law often require an expensive cost, a complicated and takes long time to complete a case. The demand to resolve small civil case through special legal system is increase. Gugatan sederhana (adopted from Small Claims Court) is an alternative legal system provided in the district court to settle the civil case that are more accessible and effective in maintaining legal rights for justice seekers. The empowerment of gugatan sederhana starts in the district court because it is the first level court to go to resolve the civil case faced by justice seekers.