Eksistensi  Hukum   Pidana  Adat   Di Indonesia: Pengkajian Asas, Norma, Teori, Praktik Dan Prosedurnya

Mulyadi, Lilik

doi:10.23969/litigasi.v17i2.138

Cited by 8 publications

(9 citation statements)

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“…It should be noted that the application of law that lives in society is only for offenses that have no appeal (similarity) or are not regulated in law. 2 Changes made by the National Criminal Code are material or substantive changes. In the formulation of changes to Article 1 paragraph (1) in the old Criminal Code, there was only a positive legality principle but there was no negative legality principle.…”

Section: Results and Discussion A Policy For Formulating The Principl...mentioning

confidence: 99%

“…Section 2 (1) The provisions as intended in Article 1 paragraph (l) do not reduce the validity of laws existing in society which determine that a person deserves to be punished even though the act is not regulated in this Law. (2) The law that lives in society as intended in paragraph (1) applies in the place where the law lives and as long as it is not regulated in this Law and is in accordance with the values contained in Pancasila, the 1945 Constitution of the Republic of Indonesia, rights human rights, and general legal principles recognized by the people of nations. (3) Provisions regarding procedures and criteria for determining laws that exist in society are regulated by Government Regulations.…”

Section: Results and Discussion A Policy For Formulating The Principl...mentioning

confidence: 99%

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Implementation of the Principles of Material Legality in Law Enforcement in Indonesia

Syakbana,

Soponyono

2024

IJSSHR

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This research aims to research and analyze the implementation of the material legality principle in the Criminal Code to increase public awareness and legal compliance in Indonesia now and in the future. The research method used is normative juridical, using secondary data in the form of statutory regulations, and supported by primary data in the form of field research. The research results show that the implementation of the principle of material legality in law enforcement in Indonesia originates from the laws that exist in society. Formally, it is stated in Article 2 of Law No.1 of 2023 concerning the National Criminal Code, National Law Seminar I of 1963 in Semarang, Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power, Article 5 paragraph (1) Law no. 2 of 2002 concerning the Police of the Republic of Indonesia, Article 8 paragraph (4) of Law No.11 of 2021 concerning Amendments to Law No.16 of 2004 concerning the Prosecutor's Office of the Republic of Indonesia, but until now it is still very difficult to implement because it is still oriented in the WvS (Criminal Law Book) inherited from Dutch colonialism S. 1915:732 which still adheres to the Certainty (formal) model and is rigid in nature so that it cannot accommodate the values that live in Indonesian society . The implementation of the principle of material legality in law enforcement in Indonesia in the future must adhere to a balance model that is flexible or elastic so that it can accommodate the legal values that live in society as contained in Pancasila as an embodiment of Intellectual Philosophy, so that it can increase legal awareness and compliance in society.

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Section: Results and Discussion A Policy For Formulating The Principl...mentioning

confidence: 99%

Section: Results and Discussion A Policy For Formulating The Principl...mentioning

confidence: 99%

Implementation of the Principles of Material Legality in Law Enforcement in Indonesia

Syakbana,

Soponyono

2024

IJSSHR

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“…26 According to Lilik Mulyadi, the basis for customary rights as contained in Articles 3 and 5 of UUPA. 27 The conditions in Articles 1 and 2 of the implementations of traditional rights and similar rights of customary law communities, as long as in reality they still exist, must be such that they are under the national and State interests. it must be based on national unity and must not conflict with other higher laws and regulations.…”

Section: Relationship Between Land and Community In Customary Lawmentioning

confidence: 99%

Corporate vs Community Head to Head: The Complexity of Land Tenure Conflict in Indonesia

Hariri

Prakasa²,

Arifin³

et al. 2022

Indonesian J. Advoc. Legal Serv.

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At the end of 2018, residents replanted the land with thousands of banana trunks. In January 2019, Pakel residents were reported by P.T. Bumi Sari; the police summoned 11 residents. In 2020, residents established a command post and planted it for six months. However, in 2020 PT BUMI SARI said it had pocketed the latest Right to Cultivate, which entered some of the villages included in their Right to Cultivate (HGU.). However, a copy document is not owned by the head of the town and residents in Pakel village. This research is a field research or empirical legal research. This research is intended to analyze about the reclaiming reclaiming carried out by the Pakel community, whether it is justified. Futhermore, this research also analyze whether PT Bumi Sari's control of land in Pakel village is against the law. This research concluded that reclaiming by Pakel residents is the right of Pakel residents as with the purpose of the formation of the Basic Agrarian Law (UUPA), which is to bring prosperity, happiness, and justice to the State and the people, especially to the peasants. Right to Cultivate of PT Bumi Sari does not comply with the laws and regulations stipulated in the UUPA. and Government Regulation of the Republic of Indonesia Number 40 of 1996 concerning Cultivation Rights, Building Use Rights, and Land Rights.

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“…The legal principle remains the basis, and only for the direction that is not positive as an article. It is still abstract and cannot be directly applied to concrete problems or events (Mulyadi, 2016).…”

Section: Introductionmentioning

confidence: 99%

Urgency of Criminal Functionality on the Perpetrators of Santet

Kurniawan¹,

Anwar²

2022

IJLS

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The belief in the existence of supernatural crimes is inherent in the lives of Indonesian people, the view of people who think that santet is something that can cause harm to others makes santet seen as a crime. Santet is an act of harming others using magic. Departing from this, this study aims to explore criminal law for users of santet crimes. The method used in this research is normative legal research, data obtained through literature study. The study results show that in criminal understanding, santet can be legally accounted for by reviewing articles that substantially imply regulation not only on general issues but also on uncommon issues such as santet. Sorting and clustering the substance of santet becomes the central point so that the arguments issued can be legally accounted for, caution in understanding the sides of the importance of santet will lead to ideas that can be justified. In the understanding of the criminal law of santet which is still difficult to accept by many people, in fact theoretically capable of being legally responsible, an open view of legal issues is the key to how the law can be fully enforced on everything that violates the rights of others, as well as on problems santet by the discussion that has been explained that in understanding the law must be open but not out of the rules of the substance of the existing article.

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Eksistensi Hukum Pidana Adat Di Indonesia: Pengkajian Asas, Norma, Teori, Praktik Dan Prosedurnya

Cited by 8 publications

References 0 publications

Implementation of the Principles of Material Legality in Law Enforcement in Indonesia

Implementation of the Principles of Material Legality in Law Enforcement in Indonesia

Corporate vs Community Head to Head: The Complexity of Land Tenure Conflict in Indonesia

Urgency of Criminal Functionality on the Perpetrators of Santet

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