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All Journal Widya Yuridika Jurnal Jatiswara Sophia Dharma: Jurnal Filsafat Agama Hindu dan Masyarakat
Pahrur Rizal
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kajian Yuridis Masyarakat Hukum Adat Wihelmus Jemarut; Solikatun Solikatun; Pahrur Rizal
Widya Yuridika Vol 5, No 1 (2022): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v5i1.2494

Abstract

The Indonesian Parliaments has included a law draft concerning about customary law community in the National Legislation Program Priority of 2020 – 2024, while the provisions on customary law communities have been regulated in several laws.  The questions that is examined in this article are  how are the regulations regarding customary law communities in the laws and regulations and what is the evaluation of these laws and regulations? This study uses a a statutory approach.  The results show that the provisions regarding customary law community are sporadically regulated in Law no. 5 of 1960, Law no. 39 of 1999, Law no. 41 of 1999, Law no. 7 of 2004, Law no. 18 of 2004, Law no. 27 of 2007, and Law no. 2 of 2009. Several evaluation points are (1) the recognition of customary law communities whose conditionality causes the recognition of customary law communities only at the level of discourse; (2) the use of the term is inconsistent; (3) the implementing regulations of Article 18 B paragraph (2) of the 1945 Constitution have not been/not formed; (4) recognition of customary law communities should include recognition of indigenous peoples' original beliefs.
Reformulasi Tindak Pidana Perzinahan Dalam Sistem Hukum Pidana Indonesia Pahrur Rizal
Jatiswara Vol 32 No 1 (2017): Jatiswara
Publisher : Fakultas Hukum Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (522.955 KB) | DOI: 10.29303/jatiswara.v32i1.75

Abstract

Sex is a act that can make disturbing of importance balance in living society. Sex of criminal act have arranged in law dictionary of Indonesia, but isn’t fill moral values alive. In 284 KUHP section just arrange sex who to do by some one of still bunch of marriage. The consept in KUHP about sex is different with the living norm in Indonesia society that assumption of sex is copulation by the men or women who isn’t bunch of marriage. The use of method is research of legal formal. Subsequently, the research use law approach and concept approach. The result to the processed use invention of law, it mean examine living law in Indonesia society. Then, analyzed and concluded by deductive think. The resulting of research conclude that application of criminal law about morality act (sex) can be applied very well if always to consider values of law or norms that living in society. There for, repair Indonesia criminal law can to do by integrate all culture value that grow in Indonesia society.
ESENSI KEADILAN DALAM KONTRAK BAKU BERDASARKAN PERSPEKTIF HUKUM HINDU I Putu Pasek Bagiartha W; Pahrur Rizal
Sophia Dharma: Jurnal Filsafat, Agama Hindu, dan Masyarakat Vol 5 No 1 (2022): SOPHIA DHARMA
Publisher : Program Studi Filsafat Agama Hindu IAHN Gde Pudja Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (496.62 KB) | DOI: 10.53977/sd.v5i1.632

Abstract

The image of a standard contract that puts forward the determination of contract terms unilaterally becomes the core of the study of the essence of justice in a standard contract, especially from the perspective of Hindu law. The method used is a type of qualitative research with a statutory and conceptual approach. For data collection techniques using literature studies and documentation with reference to the analysis of the application of Aristotle's theory of justice to the unilateral application of standard contract terms. Based on the results of the analysis, it was found that the standard contract is included in the category of sources of procedural law (Sadacara) in Hinduism which must not conflict with Sruti and Smerti as lex superiorioir. In the context of Smerti, the standard contract is included in the Arthasastra section, especially the Manawa Dharmasastra group, so the provisions in the Manawa Dharmasastra also apply to standard contracts such as the provisions of Article 1338 of the Civil Code which has similar arrangements with Book VIII Sloka 46 Manawa Dharmasastra, while the provisions of Article 1320 of the Civil Code have essence similarity with Book VIII Manawa Dharmasastra Sloka 143 (regarding object/achievement/guarantee), Sloka 163 (regarding legal competence), Sloka 164 (regarding halal causa), and Sloka 165 (regarding agreement). Furthermore, regarding the essence of standard contract justice, it is categorized as equal justice (justitia commutativa) as long as it fulfills the legal certainty aspect, namely it does not conflict with the provisions of public legislation such as the fulfillment of the provisions of Article 1338 and Article 1320 of the Civil Code, as well as Article 18 Paragraph (1, 2,3,4) Law Number 8 of 1999 concerning Consumer Protection.
Co-Authors I Putu Pasek Bagiartha W Solikatun Solikatun Wihelmus Jemarut