Abstrak.

This research aims are 1. analyze the Tanah Luwu people’s inheritance distribution, 2. analyze the views of Gender Equality on how to distribute the inheritance of the Tanah Luwu Tribe community, 3. analyze the model for developing gender equality in the inheritance distribution system of the Tanah Luwu people. This study uses an explorative-qualitative research method that describes the development model of gender equality studies in the distribution of inheritance for the people of Tanah Luwu by studying inheritance cases enforced concerning parts and kinship systems. The study shows that the people of the Tanah Luwu tribe generally adhere to Islam; however, they still highly respect the customs passed down from generation to generation to their families, including in inheritance. Therefore, when asked about the inheritance laws that apply, they answer Islamic inheritance laws. However, they use inheritance laws according to their wishes or the appointing system and consider it fair. Gender equality views the inheritance distribution of the people of Tanah Luwu as unfair; thus, there is concern among the heirs. Tension can lead to conflicts or disputes. The gender equality development model is the conflict management and conflict transformation approach.

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Abstrak.

The existence of regional autonomy in Indonesia is implemented through regional leaders who have the authority to run local government. When carrying out their duties, regional leaders are supervised by other state institutions as a form of checks and balances in government power. Hence, the procedure to dismiss regional leaders regulates to involve the Regional People’s Representative Assembly, the Supreme Court, and the President through the Minister of Home Affairs as a form of right to dismiss. However, the existence of the proportionality principle in the procedure to dismiss regional leaders, through the right given to regional leaders to defend themselves, has yet to be regulated in the law. This article talks about two things: first, the procedure to dismiss regional leaders, and second, the legal consequences and the position of a chance to summon regional leaders to explain and defend themselves in the procedure to dismiss regional leaders. This article aims to find the importance of proportionality principles in the procedure to dismiss regional leaders. The method used in this article is legal research, with statutes, conceptual, and case approaches. The results of this research show that although the procedure to dismiss regional leaders has been regulated in law, applying the proportionality principle only exists in jurisprudences. Hence, an ius constituendum is needed to determine legal consequences and certainty regarding the procedure to dismiss regional leaders.

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Abstract.

Barriers to realizing accessibility for women and children in religious courts are still quite significant. Even after five years have passed since Supreme Court Regulation Number 3 of 2017 on Guidelines for Trying Women Cases in Conflict with the Law was published. The initial suspicion is that this is still an unresolved problem because law enforcement sensitivity to the needs of women and children has yet to be developed. Gender mainstreaming is then encouraged to overcome this. The problem that is the focus of discussion in this research is how to increase the accessibility of justice for women and children in religious courts. The aim is to elaborate and analyze the problem of how to increase the accessibility of justice for women and children in religious courts. The research method used is normative juridical, the research specification is descriptive analysis, and the data collection technique is library research. The research results show that most of the existing obstacles in access to justice and law for women and children after divorce still exist and still need to be resolved. The Supreme Court, as the supervisor of religious courts, has issued several regulations to overcome this problem. In fact, after several of these regulations were issued, difficulties with access to justice continued to occur, primarily related to the implementation of decisions/ executions. Gender mainstreaming by judges and religious court officials is needed to narrow the gap in access to justice and law for women and children after divorce. The urgency is because women and children are vulnerable parties, have limitations, and have extensive obstacles in accessing justice in court. Hence, they require support for convenience, priority access, simplification of business processes, and additional authority for judges in their positions (e.g., officio) when handling cases of women and children.

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Abstrak.

E-Court has been implemented in all courts in Indonesia. However, among legal experts, implementing electronic-based trials (e-litigation) raises pros and cons, especially when parties must attend the trial. This situation is interesting and must be investigated immediately to create legal certainty. The issues that will be examined are: 1) the appropriateness of electronic trial arrangements (e-litigation) based on Supreme Court Regulation of the Republic of Indonesia Number 7 of 2022 dated October 10^th2020, and 2) the form of strengthening the implementation of electronic trials (E-Litigation) in e-court. The research method used in this research is normative-empirical legal research, also known as applied law research. The data types used to study normative-empirical legal research are primary and secondary. The results show that 1) Electronic trial arrangements (e-litigation) based on the Supreme Court Regulation of the Republic of Indonesia Number 7 of 2022 concerning the Administration of Cases and Trials in Electronic Trial (e-litigation) are appropriate. However, this regulation still needs to be improved and strengthened so that the litigants as e-court users can obtain law enforcement and justice. 2) The regulation of e-courts needs to be strengthened, as the law must absorb what the community wants in judicial practice. Policy strengthening regarding e-court can be carried out through a) amendments to the Judicial Powers Act, primarily related to regulations for the electronic announcement of decisions as a consequence of legal reforms; b) establishment of the law on the implementation of e-court and e-Litigation; c) establishment of a new Perma to strengthen Perma No. 7 of 2022.

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Abstrak.

This article discusses the implementation of prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service. Restorative justice was introduced as an out-of-court criminal case settlement with certain conditions. Nevertheless, an unpopular opinion against the implementation of the prosecution cessation based on restorative justice as it is considered to deviate from the Indonesian Criminal Procedure Code. The purpose of the research in this article is to describe the concept of restorative justice, the implementation of the prosecution cessation based on restorative justice by the Indonesian Public Prosecution Service, as well as a juridical study of the implementation of prosecution cessation based on restorative justice in the perspective of the Indonesian Criminal Procedure Code. The research method in this article is normative juridical. Restorative justice is considered to be able to meet a sense of justice for the victim and society, as the perpetrator is required to be responsible for restoring the victim’s condition to its original state by prioritizing mediation and dialogue. Coming from the perspective of the Indonesian Criminal Procedure Code, the implementation of stopping the prosecution based on restorative justice has the potential to become an object of pretrial. However, from the perspective of the idea of law, the prosecution cessation based on restorative justice satisfies the triad of justice and utility as the idea of law.

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Abstrak.

In contrast to traditional wars fought between States, most armed conflicts under international law have been fought within the boundary of States. Non-international armed conflicts (NIAC) are those internal wars or armed conflicts that occur inside the border of a State and include conflict between the government of a State and armed groups or only between armed organizations. Since these internal armed conflicts mirrored war between States in nearly every way, a need arose for a set of laws that might put efforts to ‘humanize’ their conduct at the same level as the laws regulating international armed conflict (IAC). This article highlights the significant debate between international and non-international armed conflicts and whether the difference has been virtually removed. This paper then discusses how NIAC is governed by the body of laws known as international humanitarian law (IHL). Lastly, this research looks at the debate on the difference between international and non-international armed conflicts from the standpoint of international human rights law (IHRL) to understand the characterization of armed conflicts under IHL. Indeed, there is a great deal of ambiguity in borderline circumstances due to the sliding scale for applying IHL and IHRL in NIAC, which also imposes differing obligations on the government and armed groups. Adopting a harmonious and cooperative approach may prevent any detrimental effects on the development of IHL and IHRL.

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Abstrak.

The development of a nation relies on technological advancements and innovations. It is evident in the progress of countries such as the USA, China, and Russia, which are considered developed nations due to the contributions of their scientists and technicians. In contrast, Nigeria and many other African countries are categorized as developing nations primarily due to the slow pace of innovation. Despite this, the legal process of obtaining protection or a patent for inventions poses a significant challenge for scientists and technicians in Nigeria. In this regard, the study employs a hybrid research method to examine the issues and challenges related to the protection of inventions in Nigeria. A descriptive and analytical approach is used to analyze the data by distributing 253 questionnaires to respondents across various geopolitical zones in Nigeria. The findings reveal a limited number of scientists and technicians involved in technological innovation, and there are obstacles to obtaining patents or protection for inventions in Nigeria. These challenges often deter scientists and technicians from investing more effort in technological innovation. Therefore, it recommended and concluded that, for practical and improved technological innovation in Nigeria, the government should create an enabling environment and review the existing legal framework for obtaining patents over inventions.

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Abstrtak.

This study describes the problems and solutions related to differentiating sentences for the parallel integration of restorative justice in Indonesian courts. This study is normative-legal research using statute, comparative, and conceptual approaches. This study utilizes primary legal materials and secondary legal materials. This study is based on 25 (twenty-five) cases decided by judges in Indonesian courts. The research results indicate that the values of restorative justice are very relevant to the cultural values of gotong royong in Indonesia. Judges must consider the community cultural values and the implementation of restorative justice in their decisions. Parallel integration of justice has been re-applied in Indonesian courts. Still, in practice, judges do not have guidelines for parallel integration, so it is very possible that there will be differences in punishment for applying parallel integration. Therefore, as a solution to the problem of differentiation of sentences, the authors propose 2 (two) concepts of court decisions, namely (1) the verdict of the indictment cannot be accepted, and (2) the decision of the public prosecutor cannot be accepted.

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