The Importance of Vow

This chapter addresses the role of vows in Buddhist ethics. Vows generate new moral perspectives, as well as new agent-relative moral considerations. Among the vows addressed are the lay vows, monastic vows, bodhisattva vows, and tantric vows. The chapter discusses the diverse Buddhist interpretations of the metaphysical status of vows, and the ways that they transform one’s moral landscape, changing the ethical status of actions. Also addressed here are the binding power of vows, including the roles of both initial intention and admitted exceptions, and the effects of transgressions, including atonement and confession, and the phenomenon of returning vows.

Sobornost and Totality in Georges Gurvitch's Social Law Doctrine

Georges Gurvitch (1894-1965), from the 1920s to the end of his life, was solving the problem of combining unity and plurality in the justification of society. He believed that individualism and collectivism represented social processes in a limited way because they were based on the preconception that the binding power of law derives respectively from a private or corporate actor's will. Gurvitch contrasted individual law with the social one, which was intended to overcome the opposition between individualism and collectivism. Social law bases on legal sociology's assumption that social interactions as such are already legal relations. This conclusion allows Gurvitch to consider any social interaction as a source of law and to assert legal pluralism as a way of constructing society. The integrity of the latter is a condition for the mutual correlation of the multiplicity of legal regulations generated by internal social interactions into the unified structure of social law. In a holistic approach to comprehending social interactions, Gurvitch, in his Russian-language works in the migr period, uses the philosophical-legal interpretation of sobornost to describe society's integrity. In French- and English-language works from the 1930s, Gurvitch uses the term "totality," which he learned from Marcel Mauss, to describe social integrity. This article compares sobornost and totality as variants of denoting social integrity in Gurvitch's social law doctrine. The researcher determines that Gurvitch, using the concepts of sobornost and totality, interpreted society's development differently, 1) as anti-hierarchical sobornost equality, and 2) as a hierarchical inordination of totalities. Having analyzed the peculiarities of the interpretation of sobornost and totality in Gurvitch's works, the author concludes that these concepts should be considered multilingual equivalents in denoting communal unity as sources of law, which reflect changes in the interpretation of society in Gurvitch's social law doctrine.

Hak Milik Atas Tanah Adat Di Wilayah Kepulauan

Introductioan: The Western Seram Islands have various customary rights that grow and develop in the lives of indigenous peoples and it becomes a rule that is believed by them, so that it becomes a law that binds them in determining their ownership rights to their customary land.Purposes of the Research: This study aims to determine how the position of customary land ownership rights in the national land law system, and what is the legal basis and the way in which customary land ownership rights occur according to customary law.Methods of the Research: This study uses the normative legal research method, which aims to find out how the position of ownership rights over customary land in the national land law system in the areas of Taniwel Timur, Negeri Maloang and Negeri Sohuwe, West Seram Regency, Maluku Province, and to understand what the legal basis and How to Have Land Ownership Rights According to Customary Law in the Taniwel Timur District, Maloang State and Sohuwe State, West Seram Regency, Maluku Province.Results of the Research: In principle, ownership of land rights by a member or group of customary law communities, whether individual or communal / group, has a very binding power de jure and de facto. The principle of ownership in the provision of de jure guarantees in the sense that the customary law community recognizes that if ownership rights are obtained by means of the permission of the head of the association (Kepala Adat or Kepala Soa), to open and manage land for customary law communities it can be said to be a legal act that is legal according to law. adat as long as it does not contradict the prevailing customary law norms, and the principle of ownership in a de facto manner, namely that the principle of ownership has been obtained from generation to generation. This is what the local government must pay attention to in terms of recognition of rights by customary law communities in West Seram District, Maluku Province.

Eksistensi Hak Ulayat Pasca Berlakunya Peraturan Menteri Agraria Nomor 18 Tahun 2019

The Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia recently issued Ministerial Regulation of ATR No. 18 of 2019 concerning Procedures for Administration of Customary Land Community Units of Customary Law. However, the reality is that until now there are still ulayat lands of customary law community units whose management, control and use are based on local customary law provisions and are recognized by the members of the customary law community unit concerned. The research uses normative research, namely normative juridical research, namely research based on applicable laws and legal norms and has binding power to answer the legal issues faced. The results obtained are that the characteristics of customary rights of customary law communities, that customary rights to land are controlled by customary law communities, namely people who live in groups, hereditary based on ties of origin/ancestor or similarity of residence, have the same culture, live in a certain area, have customary property that is jointly owned, have customary institutions containing sanctions, as long as they are still alive according to developments and do not conflict with national law.Keywords: Existence; Customary Rights; Minister of Agrarian Regulation.Menteri Agraria Dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia baru-baru ini menerbitkan Permen ATR No. 18 Tahun 2019 Tentang Tata Cara Penatausahaan Tanah Ulayat Kesatuan Masyarakat Hukum Adat. Namun kenyataannya hingga kini masih terdapat tanah ulayat kesatuan masyarakat hukum adat yang pengurusan, penguasaan dan penggunaannya didasarkan pada ketentuan hukum adat setempat dan diakui oleh para warga kesatuan masyarakat hukum adat yang bersangkutan”. Penelitian dengan menggunakan penelitian normatif, yaitu penelitian yuridis normatif, yaitu penelitian didasarkan peraturan perundang-undangan atau norma-norma hukum yang berlaku dan mempunyai kekuatan mengikat guna manjawab isu hukum yang dihadapi. Diperoleh hasil bahwa Karakteristik hak ulayat masyarakat hukum adat, bahwa hak ulayat atas tanah tersebut dikuasai oleh masyarakat hukum adat, yakni masyarakat yang hidup berkelompok, turun menurun berdasarkan ikatan asal usul/leluhur atau kesamaan tempat tinggal, berbudaya sama, hidup dalam satu wilayah tertentu, memiliki harta benda adat milik bersama, mempunyai pranata adat mengandung sanksi, sepanjang masih hidup sesuai perkembangan dan tidak bertentangan dengan hukum nasional.Kata Kunci: Eksistensi; Hak Ulayat; Peraturan Menteri Agraria.

Legal protection justice collaborators in corruption justice system

Corruption is a crime that is difficult to eradicate because the perpetrators of corruption usually have a strong economic and political position so that corruption is classified as a white-collar crime, crimes as business, economic crimes, official crime, and abuse of power. The purpose of this research is to know the urgency of providing legal protection for witnesses to perpetrators who are willing to cooperate with law enforcement in the investigation of Corruption Crimes. This research is normative legal research using the statute approach, philosophical approach, and case approach. The results can be explained that the urgency of providing legal protection for perpetrators of witnesses who are willing to cooperate with law enforcement in the investigation of Corruption Crimes because Justice Collaborator is the main actor who can help uncover a crime because it has the potential to have evidence to drag the main perpetrator and other suspects in. Third, the future arrangements for perpetrator witnesses who are willing to cooperate with law enforcement still cannot be used as a strong legal basis regarding the right of commutation of sentence for Justice Collaborators in criminal justice by law enforcement officers and many have weaknesses, especially in terms of commutation of sentences for Justice Collaborators for their testimonies in assisting law enforcement officers but are only used as considerations by judges without any binding power that obliges judges to provide leniency.

The Application of Final and Binding Principles in Sharia Economics Dispute Resolution Through Basyarnas

This study aims to determine the application of the final and binding principles in sharia economic dispute resolution through Basyarnas. This research method used empirical research with secondary and primary data. Secondary data was complemented by primary and secondary legal materials, while primary data was obtained through interviews. The data analysis was carried out in a descriptive qualitative manner. The results indicated that the final principle is applied to the settlement of sharia economic disputes through Basyarnas when the parties have received the sharia arbitration decision and do not object to the decision issued by Basyarnas, or when one of the parties submits an objection to the sharia arbitration decision, and the arbitrator re-signed the revised decision in accordance with Article 58 of Law Number 30 of 1999 and Article 20 of the 2017 Basyarnas Rules of Procedure. The final sharia arbitration decision will have binding power for the parties (binding) after the decision is registered with the Religious Court in accordance with the respondent’s regional laws.

Analisis terhadap Dualitas Peraturan Menteri dalam Sistem Peraturan Perundang-Undangan di Indonesia

This article examines the duality of ministerial regulations in Indonesian regulation system based on their making authority sources according to Law No. 12 Year 2011 concerning Regulation Making Rules (UU P3). The approach methods used in this research are conceptual approach and statute approach. This article concludes there are two ministerial regulations which recognized as regulations by UU P3 that should be distinguished. Ministerial regulation which was made by higher regulations order (delegated legislation) could be categorized as an implementing rule (verordnung). Whereas, ministerial regulation which was made based on ministery position authority (inherent aat het bestuur) could be categorized as a beleidsregel, standing as policy rules. Though, the two of them were recognized as regulations, however, they have different design, background and character, thus, their substance, binding power, hierarchy position and review mechanism, were not the same. Therefore, ministerial regulation which was beleidsregel could not be applied as the same as implementing regulation (verordnung).

ASPEK HUKUM DALAM PELAKSANAAN ADMINISTRASI PUBLIK DI INDONESIA

ABSTRAK Bentuk dari aspek hukum dalam pelaksanaan administrasi publik di Indonesia adalah kebijakan publik dapat ditinjau tidak hanya secara sosial, politik dan ekonomi tetapi juga yuridis (perundang-undangan). Tujuannya agar penyusunan kebijakan tidak sembarangan atau benar-benar mempertimbangkan dalam menyusun kebijakan akan tidak dianggap melakukan tindakan sewenang-wenang melanggar kewenangan atau mengacuhkan kepentingan publik. Fungsi pemerintah dalam membuat kebijakan dibidang hukum adminstrasi publik yaitu fungsi regeling, membuat produk hukum tertulis yang berisikan materi daya ikat terhadap sebagian atau seluruh penduduk wilayah Negara dan fungsi beschikking, produk hukum yang berupa penetapan yang dibuat oleh pejabat tata usaha Negara. Kata kunci: Aspek Hukum, Administrasi Publik, Pemerintahan. ABSTRACT The form of the legal aspect in the implementation of public administration in Indonesia is that public policy can be reviewed not only socially, politically and economically but also juridically (legislation). The aim is that the formulation of policies is not carelessly or truly considerate in formulating policies that will not be considered as having arbitrarily violated authority or ignored the public interest.The function of the government in making policies in the field of public administration law is the function of regeling, making written legal products containing material binding power to part or all of the population of the State territory and the beschikking function, legal products in the form of decisions made by state administrative officials.

Keberlakuan Yuridis Peraturan Protokol Kesehatan di Provinsi Bali

The increase in Covid-19 caused the Bali provincial government to issue Bali governor regulation number 46 of 2020 which is an order from presidential instruction number 6 of 2020. Presidential instruction is not a product of statutory regulations, the researchers formulated two research objectives, namely to determine the position of Bali governor regulation number 46 2020 concerning the implementation of discipline and enforcement of health protocol laws as an effort to prevent and control the 2019 coronavirus disease in a new era of life in the statutory system in Indonesia, as well as to determine the validity of the enactment of the Bali governor's regulation Number 46 of 2020 in the statutory system of law in Indonesia. Indonesia The research method used in this study is a normative juridical research method. Based on the results of the research, it can be argued that Bali governor regulation number 46 of 2020 is the implementing regulation of the presidential instruction as a product of policy regulations. Then, Bali Governor regulation Number 46 of 2020 does not have binding power as is the case with statutory regulations. the basis for the judge's consideration is not statutory regulations but the general principle of good governance.

NOTARY RESPONSIBILITY FOR ELECTRONIC STORAGE OF NOTARY PROTOCOLS

The notary protocol is a state archive that must be kept and guarded by a notary public. Due to security concerns, maintenance costs and the size of space required further electronic storage of notary protocols can be carried out. This legal research uses a normative juridical approach as a result of the absence of norms. The technique of using legal materials used is the card system technique. The results show that the notary protocol that is stored electronically is important to do considering the duties of a notary as a public official who has the task of searching for the public in the field of civil cases so that the state must make rules regarding the storage of notary electronic protocols in its arrangement with Cyber Notary. The mechanism is to use the transfer media in digital form or scanning. The strength of notary protocol evidence stored in the field of civil law only functions as a backup, not as an electronic one which has binding power because it does not meet the requirements for document authenticity as regulated in Article 1 paragraph. 7 of the Amendments to the Law on Notaries and Article 1868 of the Civil Code and in the field of criminal procedural law, namely that it can be evidence to show evidence that shows other evidence.