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15. Weltanschauung of the Indonesian Law: A Study on the Development of the Weltanschauung in the Indonesian Law (1945-2000)

Author

Dimyati, Khudzaifah, Rochman, Saepul, Azhari, Aidul Fitriciada, Wardiono, Kelik, Dimyati, Khudzaifah, Rochman, Saepul, Azhari, Aidul Fitriciada, and Wardiono, Kelik

Abstract

Objective: This article aimed to understand the factors of the development of the Indonesian legal weltanschauung as an effort to understand the potential of conflict that may happen post-Reformation in Indonesia.   Theoretical framework: The theoretical material in this article are state documents and legal regulations that support the rise and fall of the power regimes in Indonesia through the methodological weltanschauung in the study on the legal fundamentals and the state basis that has uncovered the conflicts that have so far been hidden and unresolved between the weltanschauung of the customary, Islamic, and colonial laws. This worldview conflict actually forms modern Indonesian law since its independence.   Results and conclusion: The weltanschauung of the Indonesian law was agreed upon on June 22nd, 1945 named Pancasila is contained in Paragraph IV of the Preamble of the 1945 Constitution or what is called Jakarta Charter. But in its development, there have been changes to its substance and official interpretations. These changes were simultaneous with various riots, rebellions, and violations of human rights under the ideological motive. But in the Reformation Era, its official interpretation tended to be based on legal pluralism.   Originality/value: Pancasila is deemed as an absolute and permanent thing, although historical facts show otherwise. Pancasila that was created on June 22nd, 1945 was changed on August 18th, 1945 by eradicating some words in its first principle. It also changed on October 29th, 1949 and August 15th, 1950 when its sentences were simplified. Towards the end of Soekarno’s reign, specifically in 1964, the word “Guided Democracy” was added after social justice in the fifth principle. Pancasila was then formalized by the New Order with the August 18th, 1945 format.

Published
2023

16. Recognition of Customary Land Rights Based of Krik Slamat

Author

Faculty of Law Muhammadiyah Surakarta University, Surakarta, Dianto, Dianto, Absori, Absori, Dimyati, Khudzaifah, Wardiono, Kelik, Faculty of Law Muhammadiyah Surakarta University, Surakarta, Dianto, Dianto, Absori, Absori, Dimyati, Khudzaifah, and Wardiono, Kelik

Abstract

Introduction: The recognition of customary land rights based on local values has undergone several shifts in value, giving rise to state doubts about its existence. Purposes of the Research: Therefore, this research aimed to examine the recognition of customary land rights of the Pusu customary community in Sumbawa based on the value of 'krik slamat'.Methods of the Research: This non-doctrinal research was conducted using a sociological approach to investigate the formation and functioning of the law. This method also discovers the philosophical values embodied in empirical law by objectifying the values that live in society, in this context the objectification of values is carried out with the concept of recognizing norms that live in society.Results of the Research: The results showed that, first, the recognition of land rights of the Pusu community was conducted with 'rpulung' based on the value of 'krik slamat' containing elements of religion, democracy, and justice. Second, in 'krik slamat', which serves as a philosophical foundation in the formation of the law, hence, 'pulung' is born in the form of norms.

Published
2023

17. DIVORCE IN KANGEAN ISLANDS

Author

Zuhdi, Syaifuddin, primary, Dimyati, Khudzaifah, additional, Absori, Absori, additional, Wardiono, Kelik, additional, and Syafirah, Filzah Ilda, additional

Published
2023
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21. Local Law-Based Advocacy: The Counter-Hegemony of Samin Ethnic Sub-Group.

Author

Wardiono, Kelik, Absori, Dimyati, Khudzaifah, Utomo, Hery Dwi, Rochman, Saepul, and Valeriya, Katya

Subjects
RESOURCE exploitation, INDIGENOUS rights, INDIGENOUS peoples, CULTURAL identity, JUDGES, JUDICIAL review
Abstract

This research aims to understand the claim of the Samin community in Rembang Regency against Governor's Decree No. 660.1/17/2012 which permits the development and exploitation of natural resources in the Kendeng mountains. This dispute does not only show a lawsuit but more broadly is the counter hegemonic movement between local law and national law which is marked by the victory of the Samin people at the Judicial Review level at the Supreme Court. The research was carried out by observing, interviewing, and reviewing the literature which was intended to explain local and national legal disputes which were analyzed qualitatively using legislation, unwritten law and Gramsci's Counter Hegemony approach. The results of this study show that first, local law disputes against national law in Rembang Regency occurred due to the domination of national law over local law which only recognizes indigenous peoples only when mentioned by law. Second, the Samin Indigenous people still adhere to traditions, myths and ecological principles called Saminism which only allow them to do farming and as a cultural identity, because of that they are unlikely to be able to survive if they have other professions; and Third, Amar the judge's decision in the form of a caliph on earth is influenced by the spirit of the mother earth community of the Samin community and forms a new norm so that it becomes a new hegemony against national law. [ABSTRACT FROM AUTHOR]

Published
2023
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31. Ta'dib As An Alternative Concept Of Legal Education In Indonesia.

Author

Alhadi, Muhammad Nurcholis, Dimyati, Khudzaifah, Absori, and Wardiono, Kelik

Subjects
LEGAL education, TRANSCENDENTALISM (Philosophy), JUSTICE, CHARITY
Abstract

Legal education in Indonesia as a legacy of the colonial period is full of positivistic paradigms. This paradigm is responsible for the separation of knowledge from its spirit in the form of transcendental values. Naquib Al Attas offers the concept of ta'dib in education to answer the challenges of modernity. This paper focuses its research on, first, how is the problem of legal education in Indonesia? Second, what is the concept of ta'dib and its urgency in legal education in Indonesia? This research uses text/literature study methods related to legal education in Indonesia. The results showed that, first, legal education in Indonesia in the shadow of the positivistic paradigm gave birth to graduates who had normative views, giving birth to a dichotomy between science and reality. Second, legal education with the concept of ta'dib which is balanced between fardhu and fardhu kifayah science, a balance between science and charity, so that this civilized human being is able to produce justice. [ABSTRACT FROM AUTHOR]

Published
2022

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