As one of Asian countries, Indonesia has varied of cultures and religions. This variety affects positive laws in Indonesia, one of them is inheritance law. Indonesia has three inheritancelegal systems, that is, adat inheritance law, Islamic inheritance law, and western inheritance law. Adat inheritance law is a norm of local adat community about inheritance. Islamic inheritance law is a norm of inheritance based on al Qur’an (Islamic holy book) and hadis (words, acts, and silence of Prophet Muhammad PBUH). In Indonesia, there are three schools of Islamic inheritance law, that is, Syafi’i’s (patrilineal) system of inheritance law (Imam Syafi’i is the most influenced school for Indonesian people), Hazairin’s (bilateral) system of inheritance law (Hazairin was Profesor at University of Indonesia had different view from Imam Syafi’i), and Compilation of Islamic Law system of inheritance law (Compilation of Islamic Law is Islamic law written by Indonesian ulama and Islamic experts). The last, western inheritance law is a norm of heritage based on Burgerlijk Wetboek as legal product of Dutch government when occupied Indonesia. All three inheritancelegal systems are available for Indonesian people. We are able to know the availability of these systems is from legal cases in the courts, civil court and religious court. On the paper will be explained comparison of three systems of inheritance law, legal subject using the system (personality principle), and implementation of the system in the courts.
Tolu Society plays a role in solving various
community problems such as marriage, inheritance, land, economic and criminal issues;
2. Formal justice has not been able to achieve community justice, especially when faced with adat issues. Past research also mentions that people are more confident in resolving traditional disputes than formal justice. There are three possible positions of customary justice in the national justicesystem. However the best attitude to determine the position of the Dalihan Na Tolu institution is to provide an opportunity for the legal choice of the parties with the foregoing considerations. This attitude should be followed by local government recognition of the
Corruption is a subject which has been widely discussed lately, whether in print media, electronics, seminars, workshops, discussions, and so on. Corruption has become a serious problem for the Indonesian people because it has become a systematic problem (from upper to lower society), resulting in a negative stigma for the nation and the people of Indonesia in the international community. "Various ways have been taken to eradicate corruption along with the increasingly sophisticated modus operandi of criminal corruption". 1 People would think that corruption has become part of life, infiltrated the system and merged with the administration of a nation. To prevent the development of corruption, the Government has basically conducted national countermeasures for corruption by using the Law No. 3 of 1971 on the Eradication of Corruption, but in fact, it comes to void. This failure is partly due to the fact that some institutions that were established for the corruption eradication do not perform their functions effectively, there are also weak legal instruments, coupled with law enforcement officers who are not really aware of the serious consequences of corruption. "Such a situation can ultimately destabilize democracy as the main joint in the life of the nation and state, cripple the values of justice and legal certainty and further away from the goal of achieving a prosperous society." 2 There is an opinion that states modernization breeds corruption, in which Huntington said:
The legal consequence of a death of personal guarantor is transfer of personal guarantee agreement from personal guarantor to his heirs. It means that all the rights and obligations of personal guarantor upon personal guarantee agreement will not be vanished, but they will be passed to the heirs of the personal guarantor. In order to determine whether the heirs of personal guarantor may be filed with a bankruptcy petition, we shall consider their responsibility to the obligation left by former personal guarantor in the field of wealth, which then has to be considered based on the inheritancelegalsystem in Indonesia and the inheritancelegalsystem that is adopted by the heirs. In Indonesia. In the event of death of personal guarantor, the heirs of the personal guarantor who are subject to Islamic Inheritance Law, Adat Inheritance Law and West Inheritance Law, especially who accept the inheritance, will obtain responsibility upon personal guarantee agreement as personal guarantor and in return may face legal consequences as a personal guarantor, such as bankruptcy declaration against themselves. They may be filed for bankruptcy petition if they do not fulfill their obligations to creditors and they meet terms of the bankruptcy as stated in Article 2 paragraph (1) Indonesian
As noted above (physical security in institutions), some of the evidence from smaller scale and more specialised research into the experiences of particular groups draws attention to matters relevant to both physical and legal security. For example, the Prison Reform Trust (PRT) investigation No One Knows into the experiences of prisoners with learning disabilities and difficulties documents the problems this group confront in accessing justice (Loucks 2007; Talbot 2008; Jacobson and Talbot 2009). One of the key issues is the extent to which people are detained despite evidence suggesting that prison is an inappropriate response to their offending. Earlier work highlighted concerns about the high number of offenders with mental health problems and the lack of support for this group (e.g. Singleton et al 1998). In 2007, a review chaired by Lord Bradley was set up to investigate the extent offenders with mental health problems or learning disabilities could be diverted from prison to other, more appropriate, services. The report included focus on the difficulties experienced by specific groups: people with a dual diagnosis (mental health problems combined with drug/alcohol problems); people from Black and minority ethnic groups; and women. The key difficulty identified was the lack of treatment for prisoners with a mental health disorder or learning disabilities and the difficulty of access to offender behaviour programmes for prisoners with mental health problems or learning disabilities. Prisoners whom staff consider unsuitable to participate in these programmes because of their mental illness or emotional instability are often excluded from them entirely (Bradley 2009). Some of the recommendations in the Bradley Review included the need for improved training at every level of the criminal justicesystem and the early identification of the mental health disorders of prisoners. The Bradley report highlighted the problem of the lack of information available to identify the ethnicity of people with mental health problems or learning disabilities in the criminal justicesystem. One figure reported from the results of the national ‘Count me in’ census in 2007 is that BME groups are 40% more likely to access mental health services via a criminal justicesystem gateway. The review was followed by the government’s launch of ‘Improving Health, Supporting Justice’ (Department of Health 2009a) which aims to improve mental health care for offenders, whether in a custodial or health setting.
In discharging justice, the Igbo judicial system looks beyond an offender to all the social groups upon which he is attached. Thus, when a suspected criminal stands before the traditional Igbo seat of judgment; his family, his age grade, his kindred, and his entire community stands with him. As a result of this, it can be said that no one commits a civil or criminal wrong alone. Every civil or criminal offence or wrong has a social dimension. That is why; at the end of the Igbo legal judgment day more than the individual offenders or person are convicted and blamed for the offence or wrong he or she committed. Of course, in the Igbo African courts, the offender does not come alone. He or she comes with his or her people whether they are invited or not. When a guilty judgment is pronounced and atonement is required, all individual that are related to the of- fender must rally round to make sure that the offender meets the demands of punishment his crime attracts. Whenever an offender fails in making proper atonement for his misbehaviors the consequences, often deadly, does not discriminate between the offender and his relations.
Based on doctrinal and legal considerations, this paper analyses the progress and setbacks of Chilean jurisprudence with regard to the recognition of indigenous customs, the justiciability of indigenous law and the implementation of a pluralistic legal approach. Since the entry into force of the 169 ILO Convention, there have been some developments in the jurisprudence pertaining to the legal recognition of the ancestral property right to water; rights of use, exploitation and protection of the land; natural resources and ecosystems that make up indigenous habitats; and the right to consultation taking into account the ethnic specificity of indigenous peoples. However, Chilean jurisprudence tends to protect the hegemony of State law and its structuring principles, both in criminal matters, where customary law can be applied exceptionally as a ground for excluding or mitigating criminal responsibility, and in civil matters, where the rules and principles established in the Indigenous Act and in the 169 Convention have been reluctantly adopted with regard to indigenous people’s right to property and possession of the land. Finally, the courts have not recognized the jurisdiction of indigenous authorities to resolve community conflicts.
Article 28i paragraph (1) of the second amendment of the 1945 Constitution states that “The rights to life, freedom from torture, freedom of thought and conscience, freedom of religion, freedom from en- slavement, recognition as a person before the law, and the right not to be tried under a law with retro- ȱ ěȱ ȱ ȱ ȱ ȱ ȱ ȱ ȱ limited under any circumstances“. A formal judicial, application of the capital punishment in Indonesia ȱȱęǯȱȱȱȱȱȱȱ articles in the Code of Criminal Law (Criminal Code), which contains the threat of capital punish- ment. Outside the Criminal Code, noted there are at least six (6) legislation which has the penalty of death, among other things Narcotics Act, the Law on Anti-Corruption, Anti-terrorism Act, the Human Rights Court Act, the Law on Intelligence and the Act State Secrets.
C. The Process of Institutionalizing Hindu Legal Norms The institutionalization process is "... a process that must be experienced by a particular social norm to become part of one of the social institutions. More concretely, the social norms ... must be known (or known), recognized, valued and obeyed or practiced a norm in the daily life of the largest part of the community. (Soerjono, 1980: 113). When observed by the Hindu community in Indonesia and especially in Bali, since the presence of Hinduism has recognized the existence of Hinduism, but most of the people do not know the legal norms contained therein. Even so, the community is not aware of the way in which their lives are acting in a way that is close to or even in accordance with the norms of Hindu law. The attitude of the community's actions is generally imitation or imitating the behavior of others, and does not know where the legal basis for the act of action is. This act of imitation is not necessarily always good and right and not necessarily in accordance with the norms of Hindu law which are regulated in the Vedas, because sometimes acts of action that is imitated deviate from the intended norms. If the process of imitating this attitude continues from generation to generation (gugontuwon), it can lead to a misinterpretation of Hindu legal norms. This has been experienced by the Hindu community, so: "The fall of the Hindu community is due to this change of interpretation so that in its growth history it has experienced continuous divisions, is opposed and discredited" (Pudja, 2002: 17). To avoid these mistakes, it is necessary to attempt to institutionalize Hindu legal norms with the aim that the
Abstract: The Constitutional Court is one of the main state organs in the Indonesian institutional structure that was formed based on article 24C mandate in conjunction with Article III of the Amendment Constitution of the Republic of Indonesia. authoritarian towards a more democratic one. The establishment of the Constitutional Court in Indonesia is at least motivated for three reasons: philosophical reasons, political reasons and socio-historical reasons. On these three grounds, it was finally realized that to create a democratic and constitutional government, an institution that has the authority to exercise judicial control is needed. The problems that arise are related to the four functions that must be carried out by the Constitutional Court, namely as guardians of the constitution, interpreters of the constitution, enforcers of democracy and guardians of human rights. The four functions are carried out through the implementation of four authorities and one obligation which can be seen as an authority as specified in Article 24C paragraph (1) and (2) Constitution of the Republic of Indonesia. why need renewal and how the ideal system of supervision of Constitutional Justices in Indonesia. The method used in this study is a normative legal research method with a focus on reviewing and reviewing various literatures regarding the supervision model of Constitutional Judges from time to time in order to find the ideal construction model of supervision of Constitutional Judges in Indonesia. The research approach used is the legislative approach, conceptual approach, and historical approach. The results of the study indicate the importance of specific arrangements where efforts are needed to reconsider the current system of supervision of the behavior of Constitutional Justices. Back to the basic thinking about the purpose of the establishment of the Constitutional Court which was then contextualized with the Constitutional Judge as the executor of the judicial power to formulate new construction (ius constituendum) the supervision model of the Constitutional Justice.
Economic development is prioritized as part of national development, is one of the efforts to realize the welfare of the people that is just and prosperous based on Pancasila and the 1945 Constitution. In order to maintain the sustainability of the development, the actors include both the government and the community as individuals. and legal entities, there is also an increased need for the availability of funds, which are mostly obtained through credit activities. Credit is one of the important efforts for banks to provide benefits, but various problems with lending must be faced by banks. Credit is the granting of the use of a money or goods to another person at a certain time with a guarantee or without collateral, by providing services or interest or without interest. According to Law Number 10 of 1998, the term credit is a provision of money or bills that can be likened to it, based on a loan agreement between the bank and another party that requires the borrower to repay the debt after a certain period of time with interest. "The term credit comes from the Latin language that is credere which means trust, or credo which means I believe, meaning that the trust of the creditor (granting a loan) that the debtor (loan recipient) will return the loan along with the interest in accordance with the agreement of both parties. Lately, there has been a lot of criticism from the public about the performance of national banking by financial practitioners or government institutions. This is due to the existence of problem loans which are commonly called Non Performing Loans (NPL) with a significant amount in a number of these banks.
criminal justicesystem. Stephen Schafer said in his book titled “The Victims and His Criminal” that such statement is similar to cinderella in criminal law book (Stephen Schafer, 1968: 8). Likewise, Robert Reif noted that the problem of crime is always narrowed to “what can be done about criminals” and nobody asks “what can be done about victim” (Lilik Mulyadi, 2007: 127-132) . Criminal law in Indonesia still applies such system since it is oriented to the perpetrator, whilst the victim party represented only by the prosecutors who perform their duties on behalf of the interests of the crime victim which in certain cases showed the slow process of prosecution and therefore, lessen the importance of the victim interest. The crime victims who suffered loss and harm were formerly the dominant actors. The state, as a formal representation of the community, took over the right of the victim to control their cases. As a result, the crime victims slowly considered as the forgotten people and no longer become the target of the criminal justicesystem. Another thing which should also be a consideration in this matter is a collective protection for the victims of environmental crime which is often neglected by concerned parties.
Meets bi-monthly on the 1 st and 3 rd Saturdays of the month at the Healing Shop, at 3:30pm and 6:30pm. Besides emotional support, CCVPSP supplies practical aid for its members. The organization provides transportation to area prisons for those interested in visiting their loved ones. They will also give helpful information to those people who are not familiar with the system such as how to contact a bondsman. In addition, the group writes supportive letters to area prisoners and the loved ones of members. If inmates have medical or civil rights grievances, CCVPSP will go through the proper channels to try and alleviate these problems.
Abstract: This chapter describes the historical evolution and current structure of Indonesia’s Islamic legal structure. The current system of Islamic courts in Indonesia is traceable to a late nineteenth century Dutch decree establishing a system of Islamic tribunals on the islands of Java and Madura. The decree created collegial courts in which a district-level religious official called the penghulu acted as chair and was assisted by member judges chosen from the local religious elite. The courts were authorized to decide matrimonial and inheritance disputes, but execution of the courts’ decisions required an executory decree from the civil court. The system was expanded to south Kalimantan in the 1930s, but at the same time the jurisdiction over inheritance was transferred to the civil courts. At independence, the Islamic judiciary was placed under the authority of the Ministry of Religion, which used executive powers to expand the system to other parts of the country. It was not until 1989 with the passage of the Religious Judicature Act that the existence of the courts was guaranteed by statute. The 1989 Act also vested the courts with enforcement powers and mandated changes in the organization and staffing of the courts modeled after the parallel system of civil courts. The substantive jurisdiction of the courts has also been expanded to include inheritance cases as well as a so far little-used power to decide cases involving economic transactions based on Islamic law. In 2004, the administrative supervision of the Islamic judiciary was transferred from the Ministry of Religion to the Supreme Court. In 1999, the province of Aceh was granted special autonomy status that included the authority to enforce Islamic law in areas beyond the established jurisdictions of Shari‛a courts in the rest of the country. These developments add a new dimension to the institutional structures for the practice of Islamic law in the country. ††
representatives based on their population. Students will examine the court system and learn that jurisdiction is based on either the court’s power to hear a matter or a geographic area over which a court has authority. Students will compare and contrast the sturcture of both the Federal Court System and the Court System of the State of New Jersey. New Jersey’s court system consists of four tiers with two tiers being designated as trial courts and two tiers designated as appellate courts. New Jersey's courts strive to achieve justice. To achieve justice, New Jersey courts must be independent, open and impartial. Citizens in New Jersey serve as jurors in Superior Court. Jury service is a civic duty in our democracy and relies on the diligence and dedication that ordinary people bring to jury duty.
, which represent the executive power in the locality and are charged with watching over the implementation of government policies as well as with monitoring compliance with the Constitution and laws. The Peruvian Constitution also establishes the judicial autonomy of peasant and native communities, again under a qualification, viz. “whenever the fundamental rights of the person are not violated”. Where judicial institutions are physically remote, the state judicial system has had a limited influence, but this may change in the future. It is the author’s opinion that, in the end, one always remains within the logic of state law and there is no real space for customary institutions and decision-making processes to function. The author displays the impact of the same processes of “half-hearted recognitions” of customary norms and practices with respect to land rights and nature conservation. The local implications of such processes are illustrated by the experiences of the Airo Pai, an indigenous people living in the Peruvian Amazon.
According to the five basic principles of Indonesia (Pancasila) and 1945 Constitution (UUD 1945), the purpose of development is the creation of a fair and prosperous society in accordance with economic democracy by developing the balance of economic system. To ensure the ongoing economic democracy, all potentials, initiatives, and creativities of the people must be mobilized and developed within harmless boundaries so that all the powers can be transformed into a force to increase the prosperity of the people. In order to achieve the objective, the implementation of economic development should pay more attention to harmony, balanced growth and national stability.
The concept of arrangement is a part of legal protection provision to the community, including workers. The importance of social security for workers becomes something Indonesian people had been aware of even before its independence. As has been a common knowledge, prior to its independence, workers were not call workers, they were called labour. Labour contains narrower meaning to it than worker, thus the protection provided to them had not covered everything. It was only from the beginning of independence that policies were established in regard to worker protection in the form of social security as set forth in the law.
the penal law against corporations, beyond the substance of the Criminal Code, reflects more about the choice of specific legal objectives (lex specialists) and the choice of criminal law formulation in certain fields (eg, corruption, immigration and the environment life). The political dimension of criminal law in the context of an application-oriented specialist theories of legal entities, especially organ theory and theory of legal reality. Thus, there is no political doubt in the criminal law to determine and confirm that the corporation may commit criminal acts (as a criminal offender) and is therefore construed as a subject of criminal law in the enforcement of criminal law in Indonesia, or in a criminal justicesystem ). In addition, the special political dimension of corporate criminal law has accommodated the concept of criminal liability, the model of punishment, and the system of sanctions for corporations.
Each country has different capabilities and needs when consideration is given to what kind of legal aid systems to employ. In carrying out its responsibility to provide equitable access to justice for poor and vulnerable people, there are a variety of service delivery options that can be considered. These include government funded public defender offices, judicare programmes, justice centres, law clinics - as well as partnerships with civil society and faith-based organizations. Whatever options are chosen, they should be structured and funded in a way that preserves their independence and commitment to those populations most in need. Appropriate coordinating mechanisms should be established.