Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia

Aspects of Indigenous Law as the Spearhead of Law Implementation in the Environmental Field

Maria Francisca M — Mon, 10 Feb 2025 00:00:00 +0000

Local wisdom is a content of customary law and a valuable and ingrained heritage in every society, by continuing to preserve customary norms, and cultural values, which are passed down in the form of environmental management activities. Communities that still uphold local wisdom gain balance and live alongside nature. By upholding customary law, nature is given benefits by providing comfort in obtaining life materials from the environment because in that society they maintain the environment and prevent environmental damage. The advancement of technology has caused the loss of local wisdom resulting in barren forests and automatically killing springs, in addition to the river environment which has become dirty and unmaintained. This research is descriptive analytical and exploratory, to obtain an overview of customary law in local wisdom that can protect water sources and the river environment. As normative research, data is obtained through tracing legal documents. Return elements of customary law in community life to develop local wisdom. The principle of local wisdom is to synergize with nature so that the use of water resources is used sufficiently, not excessively, and provides prohibitions that aim to maintain the sustainability of water sources. By using sufficient water, the use of natural resources will also be used sufficiently by paying attention to prohibitions that aim to preserve the environment, in this case not clearing forests for plantations or settlements will automatically create sustainable forests and water sources will be maintained.
Keywords: Environmental Sustainability, Indigenous Law.

Mekanisme Safeguard World Trade Organization dalam Kaitannya dengan Kedaulatan Pangan di Indonesia

Nur Gemilang Mahardhika — Mon, 10 Feb 2025 00:00:00 +0000

Indonesia faces serious food security issues, especially related to rice imports. Although Indonesia has great agricultural potential, domestic food production is not sufficient for domestic needs. This paper aims to analyze how the safeguard mechanism in the World Trade Organization (WTO) Agreement can be used to protect the interests of farmers and the domestic food industry. This study will discuss two core issues, namely how the safeguard mechanism is regulated in the WTO agreement and how the WTO safeguard mechanism can be applied to food import policies in Indonesia as a developing country. The results of this study are expected to contribute to national food policies and improve Indonesia's food sovereignty.
Keywords: Food Sovereignty, Safeguard, World Trade Organization.

Parate Executie: In the Context of Principle of Proportionality and the Principle of Speedy Administration of Justice

Ni Putu Paramita Dewi — Tue, 11 Feb 2025 00:00:00 +0000

Parate execution is a legal privilege granted to documents that are equivalent to court judgments, such as mortgage and fiduciary rights. However, with the existence of a judicial review through the Constitutional Court Decision 18/PUU-XVII/2019, there are juridical implications regarding the position of Parate execution. This review specifically focuses on Article 15, Paragraph (2) and Paragraph (3) of Law Number 42 of 1999 concerning Fiduciary Guarantees. On one hand, Parate execution can achieve proportionality by balancing the interests of both parties through the inclusion of a default clause before execution by the creditor. It also ensures equal treatment of documents equivalent to court judgments by following civil procedure law procedures. On the other hand, this may result in additional procedures that do not require court approval, potentially hindering the principle of speedy justice administration.
Keywords: Parate Executie, Fiduciary Law, Mortgage Law, Executie, Speedy Administration of Justice