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Journal : Jambe Law Journal

Rethinking The Role of Indigenous Law Community in Managing Indigenous Forest in Jambi Province Taufik Yahya; Fauzi Syam
Jambe Law Journal Vol 1 No 1 (2018)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (182.256 KB) | DOI: 10.22437/jlj.1.1.35-54

Abstract

This paper examines the synchronization of legal regulations in forestry, green farming, and mining sectors along with their implementation regulations. The certainties of the existence of customary law community in Legal Acts No. 41 year 1999 concerning Forestry does not give certainties for customary law community in managing forest in Indonesia. Meanwhile, Legal Acts No. 6 year 2014 about Village stresses out that there is a specific acknowledgement about local customary village as a part of Customary Law Community. In the Legal Acts about Village, the establishment of Customary Law Community is strongly stated in provincial government regulations. This paradox has brought a bad consequence to customary forest that is managed by customary law communities in Jambi province.
Legal Constructions of Apprenticeship for Notary Candidates in the Framework of Rechtsidee Yetniwati Yetniwati; Taufik Yahya; Pahlefi Pahlefi
Jambe Law Journal Vol 4 No 1 (2021)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/jlj.4.1.93-110

Abstract

This article discusses the concept of the legal construction of notary candidate apprenticeship within the framework of rechtsidee (law ideals). This article demonstrates that the so called rechtidee has always focused on three ideals, namely legal certainty, legal justice, and legal benefit. With regards to apprenticeship, it is argued, however, that these three ideals are not sufficient. Most legal studies have forgotten another basic ideal, namely the education principal which is inevitable in establishing a professional and qualified notary. The article demonstrates how the apprenticeship should be addressed to reveal the concept of legal construction for prospective public notaries. It is believed that there is a legal but moral relationship between a notary candidate and a notary public apprentice under the supervision of the government or a designated official. The principles of education in apprenticeships would enable the notary candidates to have sufficient knowledge and wisdom, and other character buildings like dedication, harmony, mutual relationships, role model, as well as, but not limited to, honesty. Given its functions, apprenticeship legal construction has to be developed in regulations not only based on the principles of legal certainty, legal justice, and legal benefit, but also on the principles of education