scholarly journals Legal protection against the existence of "Wetu Telu" traditional society against law number 11/2020 concerning work creation (omnibus law)

2020 ◽  
Vol 8 (1) ◽  
pp. 19-24
Author(s):  
Irham Rahman ◽  
Rizki Yudha Bramantyo
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Legal Protection ◽  
Field Research ◽  
Traditional Society ◽  
Legal Research ◽  
Legal Provisions ◽  
Legal Problems ◽  
Laws And Regulations

The Wetu Telu indigenous people in Bayan, North Lombok have the traditions of their ancestors that have Islamic nuances and their existence is recognized until now. The existence of indigenous peoples has been recognized and respected by the 1945 Constitution. However, the existence of new laws and regulations on indigenous peoples has again encountered problems that threaten their existence. The Omnibus Law which was recently passed is considered to provide a legal loophole that could displace the existence of indigenous peoples. The purpose of this research is to find out the legal problems of the threat to the existence of the Wetu Telu indigenous people and to know the concept of the Work Creation Act (Omnibus Law) in Bayan Village, North Lombok Regency, West Nusa Tenggara. This research uses juridical empirical or socio-legal research, which is a type of sociological legal research or field research that examines applicable legal provisions. The results of this study show that the normative issue of the Omnibus Law can lead to norm conflicts with other laws regarding the recognition of indigenous peoples in Indonesia.

scholarly journals ANALISIS EKSISTENSI HUKUM ADAT AKIBAT PERKEMBANGAN PERATURAN DAERAH DI BIDANG INDUSTRI PARIWISATA (Studi Sosio-Legal Masyarakat Adat “Wetu Telu” di Bayan, Lombok Utara)

Yurispruden ◽  
2021 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Irham Rahman ◽  
Rizki Yudha Bramantyo
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Tourism Development ◽  
Field Research ◽  
Cultural Preservation ◽  
Customary Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Legal Provisions ◽  
Tourism Sector

ABSTRACTThe existence of indigenous peoples has been recognized and respected by the Constitution. The Wetu Telu indigenous people have traditions from their ancestors with Islamic nuances and their existence is recognized until now. Besides, the local government's strategy to develop the tourism sector to improve the economy and regional development which is designed in regional regulations can affect the existence of Indigenous people. The purpose of this research is to know the changes in the existence of the Wetu Telu community customary law and to know the implementation of Regional Regulations in the tourism sector in Bayan village, North Lombok Regency, West Nusa Tenggara. This research uses juridical empirical or socio-legal research, which is a type of sociological legal research or field research that examines applicable legal provisions. Cultural preservation and tourism development need a Regional Regulation on the Recognition and Protection of Indigenous Peoples to protect normatively and with legal certainty and harmonize Regional Regulations between tourism development and recognition of indigenous peoples.Keyword: Adat Recht, Wetu Telu, Tourism ABSTRAKKeberadaan masyarakat adat telah diakui dan di hormati oleh Konstitusi. Masyarakat Adat Wetu Telu yang mempunyai adat istiadat dari nenek moyang mereka yang bernuansa islami dan sampai saat ini diakui eksistensinya. Disamping itu strategi pemerintah daerah untuk mengembangkan sektor pariwisata dalam rangka meningkatkan ekonomi dan pembangunan daerah yang di rancang dalam peraturan daerah, dapat mempengaruhi eksistensi masyarakat Adat. Tujuan penelitian ini yaitu mengetahui perubahan eksistensi hukum adat masyarakat Wetu Telu dan mengetahui implementasi Peraturan Dearah di bidang Pariwisata di desa Bayan, Kabupaten Lombok Utara, Nusa Tenggara Barat. Penelitian ini menggunakan jenis penelitian yuridis empiris atau socio-legal, yakni jenis penelitian hukum sosiologis atau dengan penelitian lapangan yang mengkaji ketentuan hukum yang berlaku. Kelestarian budaya dan pengemangan pariwisata perlu adanya Peraturan Daerah tentang Pengakuan dan Perlindungan Masyarakat Adat untuk melindungi secara normatif dan berkepastian hukum serta menyelaraskan Peraturan Daerah antara pengembangan pariwisata dan pengakuan masyarakat adat.Kata Kunci: Adat Recht, Wetu Telu, Pariwisata

scholarly journals PERLINDUNGAN HUKUM TERHADAP JUSTICE COLLABORATOR TERKAIT PENANGANAN TINDAK PIDANA KORUPSI DI INDONESIA

2015 ◽  
Vol 4 (1) ◽  
Author(s):  
Rika Ekayanti
Keyword(s):  
Law Enforcement ◽  
Scientific Journal ◽  
Legal Protection ◽  
The State ◽  
Legal Research ◽  
Evidential Value ◽  
Legal Provisions ◽  
The Law ◽  
Laws And Regulations

The discussion in this thesis raised regarding Legal Protection against Justice Collaborator in the handling of corruption in Indonesia. The objectives of this study are to be analyzed with both forms of regulation and identify the type of protection provided by the laws of the State of Indonesia justice collaborator and determine the accuracy of the strength of the evidential value of the testimony in the trial of a justice collaborator, by analyzing the legal provisions in the legislation other law relating to witnesses. This type of research is used in a scientific journal this is the kind of normative legal research, because there is disharmony norm based research in the form of a legal vacuum regarding the setting justice collaborator in formal laws and regulations in Indonesia, as well as the legal ambiguities in the text of the legislation on Article 10 paragraph (2) Law No.. 13 of 2006 on the Protection of Witnesses and Victims of the justice collaborator testimony that can be used as consideration to give the judge for leniency. Having regard to the development of the current law that requires courage and willingness of law enforcement in combating corruption as an extraordinary crime, it is necessary to break the law through the use of an instrument justice collaborator.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PERBATASAN WILAYAH ANTARA NEGARA REPUBLIK INDONESIA DENGAN TIMOR LESTE

2017 ◽  
Vol 7 (2) ◽  
pp. 141
Author(s):  
Rimbawanto ◽  
Doddy Kridasaksana ◽  
Ariyono
Keyword(s):  
Indigenous Peoples ◽  
Rule Of Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Legal Research ◽  
The Rule Of Law ◽  
Timor Leste ◽  
The Republic

<p>Tujuan yang hendak dicapai dari penelitian ini dapat mengetahui perlindungan hukum terhadap perbatasan wilayah antara Negara Republik Indonesia dengan Timor Leste dan kendala dan upaya mengatasi masalah perbatasan wilayah antara Negara Republik Indonesia dengan Timor Leste.</p><p>Penelitian ini menggunakan yuridis normatif yaitu penelitian hukum yang dilakukan dengan cara meneliti atau mempelajari masalah dilihat dari segi aturan hukumnya, meneliti bahan pustaka atau data sekunder</p><p>Hasil penelitian ini menunjukkan secara umum berdasarkan hasil inventarisir peraturan perundang-undangan, pengakuan masyarakat adat di Indonesia tidak dalam posisi untuk mengakui keberadaan masyarakat adat, melainkan untuk membatasi keberadaan masyarakat adat.</p><pre>The objectives to be achieved from this research can be legal protection of the territorial border between the Republic of Indonesia and Timor Leste and the constraints and efforts to overcome the border issues between the Republic of Indonesia and Timor Leste.</pre><pre>               This study uses yuridis normative, namely legal research conducted by researching or studying the problem seen in terms of the rule of law, researching library materials or secondary data</pre><pre>               The results of this study show Generally based on the results of inventory of legislation, the recognition of indigenous peoples in Indonesia is not in a position to recognize the existence of indigenous peoples, but rather to limit the existence of indigenous peoples. </pre><pre> </pre>

scholarly journals The Tensions On The Protection Of Local-Traditional Indonesian Batik

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 177
Author(s):  
Ria Setyawati ◽  
Mas Rahmah ◽  
Rahmi Jened ◽  
Nurul Barizah ◽  
Agung Sujatmiko
Keyword(s):  
Legal Protection ◽  
Problem Formulation ◽  
International Level ◽  
Legal Research ◽  
Conceptual Approach ◽  
Legal Rules ◽  
Legal Problems ◽  
The Times ◽  
Legal Concepts

Batik artwork has been known for hundreds of years and has become part of the culture of Indonesian society. Some batik motifs in Indonesia have philosophical values and are part of traditional traditional ceremony activities. Along with the times, the creativity of batik artists has become varied even though ancient traditional motifs are still mass produced and used as inspiration. This research examines the legal protection for traditional batik in order to avoid the abuse of rights by certain parties who merely exploit it in order to benefit from the existence of traditional batik works. The formulation of the problem that will be examined in this research is whether traditional batik gets legal protection under the copyright regime in Indonesia? Are there any legal safeguards at the international level for traditional Indonesian batik works? In answering this problem formulation will use a conceptual approach and a statutory approach. This research is a legal research that will examine existing legal concepts and related legal rules in solving legal problems related to the protection of traditional batik.

scholarly journals Tinjauan Yuridis terhadap Perjanjian Kerja Yang Dibuat Secara Lisan

2019 ◽  
Vol 5 (1) ◽  
pp. 8
Author(s):  
Fauzi Sumardi ◽  
Ridho Mubarak
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Field Research ◽  
Civil Code ◽  
Employment Relationships ◽  
Work Relations ◽  
Library Research ◽  
Work Relationship ◽  
Conducting Research ◽  
Laws And Regulations

<p><em>Juridical Review Of Work Agreements Made Orally</em></p><p><em><br /></em></p><p><em>A verbal work agreement is a work relationship that is made without the signing of a work agreement, a verbal work agreement is sufficient with a statement that is mutually agreed upon by both parties and should be witnessed by at least two witnesses. The purpose of this study was to find out how the legal strength of work agreements made verbally and how legal protection for workers whose employment relationships are based on verbal work agreements. The research method used is the library research method, namely by conducting research on various written reading sources, and the Field Research method, which is a juridical review of workers whose work relations are based on verbal work agreements. The purpose of this study is to find out the answers to the problems discussed. The results of the study indicate that the legal strength of the work agreement made orally is not specifically regulated in the Civil Code or in other laws and regulations so that the arrangement of oral agreements only follows the arrangement of work agreements in general</em></p>

scholarly journals Legal Protection Regarding Medical Record of Prospective Workers in Job Recruitment Health Test

2020 ◽  
Vol 6 (1) ◽  
pp. 77-84
Author(s):  
Faisal Herisetiawan Jafar
Keyword(s):  
Medical Record ◽  
Research Method ◽  
Human Life ◽  
Legal Protection ◽  
Legal Research ◽  
Existing Problems ◽  
Health Checks ◽  
Job Recruitment ◽  
Health Test ◽  
Laws And Regulations

Health is essentially one of the supports for the welfare of human life, therefore, in order to create an increase in the degree of health, a law is needed to regulate and foster everything about health. In the process of getting a decent job several agencies or companies apply a health test at the stage of completion of work acceptance. Health checks before work are health checks carried out by doctors before a worker is accepted to do the jobs. Problems arise when the results of a medikal examination or medikal record in the form of a file containing records and documents about the patient's identity, examination, treatment, actions and other services that have been provided to patients out are fully provided to the agency or employer. This type of research is a normative legal research method. Normative legal research means that the existing problems are examined based on existing laws and regulations and the literature relating to the existing problems. Based on the results of the study that the authors describe, it can be concluded that in the implementation of health tests carried out by the agency or company are not allowed to take the results of the medikal record unilaterally without giving access to prospective workers as parties who are the object of examination at the health test.

scholarly journals PERAN NEGARA DALAM PENGELOLAAN SUMBER DAYA KELAUTAN BERBASIS KEARIFAN LOKAL UNTUK KESEJAHTERAAN YANG BERKEADILAN

2018 ◽  
Vol 25 (1) ◽  
pp. 22
Author(s):  
Rachmad Safaat ◽  
Dwi Yono
Keyword(s):  
Environmental Management ◽  
Sustainable Development ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Traditional Society ◽  
Economic Base ◽  
Local Society ◽  
Clean Environment ◽  
Coastal Area Management ◽  
The Government

Marine and coastal area management is necessary to be operated comprehensively and sustainable. The existence of indigenous peoples and traditional society has a role in the marine and coastal areas management, but the legislation has not been fully giving more protection in its management. Economic base development, generally often ignore local society wisdom, so that a clean environment is being polluted as a result of that waiver. Development that materialistic value oriented, only the physical build that actually provide benefits to investors and not the community itself. What kind of justice that ideally obtained by indigenous and traditional peoples to achieve justice that bring prosperity? The government has neglected and must fix the policies in the legislation as a foundation for development without neglecting the indigenous people themselves. Equitable development not just physically, but sustainable development to preserve nature by observing local society wisdom that have taken place to the next. The government still considered neglectful for environmental management.

scholarly journals Akibat Hukum Pengangkatan Anak menurut Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak

2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Adawiyah Nasution
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Legal Protection ◽  
Field Research ◽  
Adoptive Parents ◽  
Primary Data ◽  
Adopted Children ◽  
Legal Provisions ◽  
The Right

<h1>The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents.</h1><h1> </h1>

scholarly journals Perlindungan Hukum Terhadap Hak Cipta atas Batik Di Kota Serang Provinsi Banten

2019 ◽  
Vol 3 (2) ◽  
pp. 185
Author(s):  
Sulasno Sulasno ◽  
Mia Mukaromah
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Copyright Holder ◽  
Legal Research ◽  
Legal Provisions ◽  
Works Of Art ◽  
The City

This writing aims to find out how the legal protection of the copyright of batik in the city of Serang with the provisions contained in Law No. 28 of 2014 concerning Copyright and regional regulations governing the protection of copyright in the city of Serang.But now researchers have not found any specific regional regulations governing Copyright (Batik Art) in Serang City. Batik is one of the works of art that requires high intellectuals in its creation. Legal protection of batik copyrights is needed to avoid things that will harm the creator and the copyright holder. The method used is the empirical normative legal research method, namely the incorporation of normative legal provisions (laws) with empirical elements (legal events in society / social elements).

scholarly journals PENYELESAIAN SENGKETA TANAH SOKO PADA SUKU BENDANG KAMPAR RIAU DENGAN CORAK HUKUM ISLAM

2018 ◽  
pp. 289
Author(s):  
Hengki Firmanda
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Empirical Studies ◽  
Land Ownership ◽  
Maternal Lineage ◽  
Legal Research ◽  
Land Disputes ◽  
The Status ◽  
Customary Land ◽  
Ownership Of Land

The purpose of this study was to describe the ownership status of Soko land in the Indigenous People of the Bendang Tribe, Kampar, Riau; and explain the settlement of the transfer dispute over the ownership of Soko Land to the Indigenous People of the Bendang Tribe, Kampar, Riau. The existence of indigenous peoples will not be separated from their customary lands. The existence of indigenous peoples will be determined by ownership of their customary land. Indigenous people will not be called indigenous peoples without owning their customary land. This type of research is sociological legal research, namely research in the form of empirical studies to find theories about the process of occurrence and the process of working the law in society. The results of this study are, the status of ownership of Soko land in the indigenous people of the kampar tribe of the kampar district is attached to the community that has a maternal lineage. The transfer of ownership of soko land to the indigenous people of the dam tribe of Kampar District is the transfer of ownership of land between generations according to lineage and the transfer of land ownership to the settlement of land disputes.

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