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ISSN 1693-0061 · Universitas Pattimura, Fakultas Hukum · 506 artikel di indeks
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Artikel Jurnal
The Transformation of Hindu Dharma Values into Legal Norms: Ambiguity in the Awig-Awig of Kesian Customary Village
Introduction: Customary Village in Bali regulates the social and religious life of its community through customary law known as Awig-Awig. In Kesian Customary Village, Awig-Awig reflects the transformation of Hindu Dharma values into written normative rules intended to preserve social harmony and…
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Artikel Jurnal
Negotiated Legal Pluralism: Institutional Formalization and the Resilience of Tolaki Customary Dispute Resolution
Introduction: The Customary Dispute Resolution Mechanism (CDRM) of the Tolaki people in Southeast Sulawesi faces faces structural pressures arising from state legal expansion, jurisdictional overlap with formal courts, and the gradual reconfiguration of customary authority within Indonesia’s plural…
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Artikel Jurnal
Legal Certainty of Assignment in Postponement of Debt Payment Obligations Applications: Synergy Between Positive Law, Customary Law, and the Theory of Legal Pluralism
Introduction: The assignment of receivables through cessie is an essential instrument in Indonesian civil law practice, including within the mechanism of Postponement of Debt Payment Obligations. In practice, however, legal uncertainty often arises concerning the legal standing of substituted…
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Artikel Jurnal
Customary Law for Equitable Spatial Planning: Preventing Social Bankruptcy and Enhancing Community Welfare
Introduction: This study examines the role of customary law as an instrument for equitable spatial planning in preventing socio-economic bankruptcy and enhancing the welfare of indigenous communities in Indonesia. As a living and dynamic legal system, customary law embodies values of ecological…
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Artikel Jurnal
The Interplay of Customary Law and Labor Regulations: A Comparative Legal Pluralism Study in Indonesia and Algeria
Introduction: This study examines the interaction between customary law and national labor regulations in Indonesia and Algeria through the lens of legal pluralism. The research is motivated by the persistent coexistence of formal state law and traditional practices in shaping employment relations…
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Artikel Jurnal
Customary Law as a Pathway to Social Justice: A Comparative Analysis of Corporate Social Responsibility and Performance Requirements in Indonesian and Vietnamese Foreign Investment Frameworks
Introduction: Economic globalization has strengthened foreign investment flows in developing countries such as Indonesia and Vietnam. However, investment policy orientations that overemphasize economic efficiency often ignore social justice for local communities. This inequality raises the need to…
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Artikel Jurnal
Reconciling Civil Code and Customary Law in Chinese Inheritance Disputes in Indonesia
Introduction: This article examines the settlement of inheritance disputes within the Chinese ethnic community in Indonesia, which faces unique challenges due to legal pluralism. The coexistence of inheritance law under the Indonesian Civil Code and traditional Chinese customary law often leads to…
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Artikel Jurnal
Constitutional Ethics Rooted in Customary Values: Comparative Analysis between Indonesia and Russia
Introduction: Constitutional ethics reflect the moral dimension that guides the administration of the state based on the cultural and historical values of the nation. Every country in the global context has a root value that shapes the character of its constitution. Indonesia and Russia are…
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Artikel Jurnal
Harmonizing Legal Positivism and Natural Law for Social Engineering: Addressing Child Marriage in Indonesian Indigenous Communities
Introduction: This article examines the normative tension between state law and customary law in regulating child marriage practices within indigenous communities. In the Indonesian legal system, marriage is regulated through a formal legal framework emphasizing legal certainty and protection…
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Artikel Jurnal
Legal Pluralism in Contracts: Reconstruction of the Principle of Freedom of Contract for the Harmonization of Customary and National Law
Introduction: This article examines the normative tension between the principle of freedom of contract in national civil law and the practice of customary agreements within indigenous communities. In the Indonesian legal system, contractual relations are generally constructed on an individualistic…
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Artikel Jurnal
Baduy Customary Law Pluralism in the Legal Framework of the Indonesian Constitution: Towards Fair Governance
Introduction: The pluralism of Baduy customary law is a constitutional reality within the Indonesian constitutional system, particularly regarding the recognition of indigenous communities. The existence of Baduy customary law influences local governance, which is based on local wisdom, customary…
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Artikel Jurnal
Navigating Legal Pluralism in the Conflict Between Waqf and Customary Land in Indonesia
Introduction: The dualism of land law in Indonesia (positive law, Islamic law, customary law) that causes conflicts, especially between waqf land and customary heritage land. Purposes of the Research: Analyze the roots of conflicts, implications for legal certainty, and find integrative solutions…
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Artikel Jurnal
The Value of Restorative Justice in Balinese Customary Criminal Law in Cases of Sexual Violence
Introduction: This article examines sexual violence as a serious human rights violation that affects victims physically, psychologically, and socially, including within indigenous communities in Bali. The handling of sexual violence cases therefore requires a legal approach that goes beyond…
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Artikel Jurnal
Pluralism in Health Law: Examining the Interplay between Customary and Formal Legal Systems in Indonesia and India
Introduction: Legal pluralism in the health sector is an important issue in countries with high social and cultural diversity such as Indonesia and India. Both countries have dual legal systems that combine state formal law with customary law that lives in communities, and the regulation and…
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Artikel Jurnal
Comparative of Environmental Law Enforcement Based on Legal Pluralism in Indonesia and Hungary: Efforts to Protect Indigenous Communities in Achieving Sustainable Environmental Governance
Introduction: Environmental law enforcement is a comprehensive effort that involves all aspects, including indigenous communities, by accommodating the perspective of legal pluralism. Purposes of the Research: This research focuses on analyzing environmental law enforcement based on the concept of…
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Artikel Jurnal
Reconstructing Justice in Land Acquisition for Public Interest in Indonesia from the Perspectives of Legal Pluralism Werner Menski
Introduction: This article examines the recurring gap between the normative principle of justice in land acquisition regulations for public interest development and the reality of its implementation in Indonesia. This study highlights recurring conflicts, weak community participation, and…
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Artikel Jurnal
Asymmetric Decentralization in Indonesia: Monarchical Legacy and Sultanate Succession in Yogyakarta
Introduction: This study analyzes the legitimacy of the Crown Princess’s appointment in Yogyakarta through the Sabda Raja decree and its alignment with Paugeran Adat, the customary constitutional foundation of the Yogyakarta monarchy. Purposes of the Research: It also examines the broader…
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Artikel Jurnal
Legal Governance of Traditional Health Practitioners in Plural Legal Systems: Indonesia and China
Introduction: This article examines the legal governance of traditional health practitioners within plural legal systems in Indonesia and China. Although traditional health practices function as living law rooted in customary knowledge, state regulation increasingly subjects them to licensing…
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Artikel Jurnal
Formalization and Documentation: Transforming the Aceh Customary Legal System in Dispute Resolution Through Mediation
Introduction: Dispute resolution through customary courts in Aceh has long been conducted by community leader (keuchik, tuha peut, and imeum meunasah) through mediation based on deliberation, consensus, and the restoration of social harmony. In the modern legal context, this living and…
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Artikel Jurnal
Harmonizing Baduy Customary Law with Human Rights and Religious Freedom
Introduction: Baduy customary law is a system of norms that governs the social, spiritual, and ecological life of the Baduy people in Banten. The uniqueness of this customary law lies in its adherence to the principle of pikukuh karuhun (ancestral rules), which rejects modernization and maintains…