28
Jun
2023

Buku : Mengenal Hukum Adat Nusantara

Dr. Roberth Kurniawan Ruslak Hammar, S.H., M.Hum., MM., CLA

ISBN : 978-623-94988-6-3
Cetakan Pertama : Juni 2023
Penerbit : Lembaga Studi Hukum Indonesia (LSHI)

Kata “adat” dan “hukum” berasal dari kata arab yakni “adah” bermakna kebiasaan, dan “huk’m (ahkam) bermakna “ketentuan” atau “suruhan”. Adat atau kebiasaan timbul dalam interaksi masyarakat yang dilakukan terus-menerus dan kemudian diyakini sebagai suatu keharusan dalam bertingkah laku. Interaksi terjadi dalam suatu masyarakat menimbulkan hukum, oleh karena itu hukum terjadi karena ada masyarakat. Hal itu diutarakan oleh seorangan filsuf, negarawan, pengacara terkenal kelahiran Roma Italy tokoh termasyhur pada mazhab Filsafat Stoa yakni Cicero, Marcus Tullius (3 Januari 106 SM sd. 7 Desember 43 SM) yakni: “Ubi Societas Ibi Ius” bermakna “di mana ada masyarakat di sana ada hukum”.

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27
Jun
2023

Penguji Disertasi Sdr. Zamroni

Dr. Roberth K.R. Hammar di undang sebagai salah satu Penguji Promosi Doktor bagi Sdr. Zamroni

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27
Jun
2023

Penguji Disertasi Sdr. Moh. Arif Hariyanto

Dr. Roberth K.R. Hammar di undang sebagai salah satu Penguji Promosi Doktor bagi Sdr. Moh. Arif Hariyanto

File Undangan
File Daftar hadir Dewan Penguji

27
Jun
2023

Penguji Disertasi Sdr. Melianus Ajoi

Dr. Roberth K.R. Hammar di undang sebagai salah satu Penguji Disertasi bagi Sdr. Melianus Ajoi

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FIle Disertasi

27
Jun
2023

Penguji Disertasi Sdr. Eric Stenly Holle

Dr. Roberth K.R. Hammar di undang sebagai salah satu Penguji Disertasi bagi Sdr. Eric Stenly Holle

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26
Jun
2023

Exploring the Intersection of Common Law and Criminal Justice System: Implications for Protecting Freedom of Speech in Indonesia

Roberth Kurniawan Ruslak Hammar
International Journal of Criminal Justice Science

Abstract
Freedom of speech (FoS) is stated as an “international human right” by the United Nations (UN). The right to FoS has been incorporated in “The Universal Declaration of Human Rights” (UDHR) and ICCPR (Art. 19). Moreover, different principles of common law also protect the right to FoS, in contrast to civil law, which mainly focuses on the written laws and regulations. The main aim of this juridical approach is to determine the intersection of Common Law and the Criminal Justice System, focusing on its implications for protecting Freedom of Speech in Indonesia. For this purpose, the required data is collected from different legal documents, legislations, laws, case law, related books, and journals. This paper mainly focuses on the freedom of speech (FoS) within the context of the Constitution and other laws in Indonesia, the implications of Common Law Principles to protect FoS in Indonesia, and the challenges faced by the criminal justice system to protect FoS in Indonesia. The results obtained from this study showed that in Indonesia, the Constitution implies certain restrictions of FoS against the government of Indonesia, preventing the press and public from expressing their views. After the ratification of UDHR and ICCPR, still, no transparency has been promoted within the context of FoS in the constitution. Therefore, the implementation of different common law principles such as the right to information has been observed within the context of FoS in the Constitution. However, different challenges are also faced by the government in promoting the right to FoS such as a lack of law enforcement agencies. Thus, it is recommended that international human rights standards should be maintained in reforming the legal framework of Indonesia to promote the right to FoS.

Keywords: Freedom of Speech; Criminal Justice System; Indonesia; Common Law;
Intersection

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26
Jun
2023

The Role of Common Law in the Criminal Justice System regarding Capital Punishments in Indonesia: An Evaluation of the Legal Framework and Implications

Roberth Kurniawan Ruslak Hammar¹
Henrikus Renjaan²
International Journal of Criminal Justice Science

Abstract
The common law is considered to play an important role in influencing legal legislation and practices concerning capital punishment. In Indonesia, different principles of common law such as legality and fairness are considered during the implementation of the death penalty. The Criminal Code of Indonesia (KUHP) is still implemented in the country which promotes capital punishment for different criminal offenses including murder, drug trafficking, and terrorism. This exploratory study is conducted to determine the role of common law in the criminal justice system regarding capital punishment in Indonesia. For this purpose, the required data was collected from different primary and secondary sources including laws and regulations, case law, books, and journals. The results obtained from this study showed that the constitution of Indonesia (1945) promotes human rights, specifically “the right to life,” however, this constitution also promotes penalties for the violation of human rights, thus death penalty is a legal penalty under KUHP. In contrast, in different common law countries such as the USA, the death penalty has been abolished in its 23 states, protecting human rights. Therefore, it has been recommended that the government of Indonesia should abolish or limit capital punishment to severe criminal offenses such as murder and terrorism and the constitution must focus on the transparency of the cases which can be subjected to the death penalty to prevent human rights violation.

Keywords: Common Law; Criminal Justice System; Capital Punishment; Indonesia; Human Rights

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26
Jun
2023

Common Law Approaches to Addressing Cybercrime and Adolescent Bullying in Indonesia: Focusing on Accountability and Protection in The Digital Age

Roberth Kurniawan Ruslak Hammar¹
International Journal of Cyber Criminology

Abstract
With the increased usage of the internet and innovative technological innovations, hacking another person’s system or electronic devices has become easier. Technology on one hand is beneficial for making lives easier but also exerts threats in the form of many issues such as bullying and cyber-crimes. Cybercrime and bullying have increased significantly in Indonesia in the last few years. The present study has reviewed the rules and legislations implemented in Indonesia against the prevailing problems of cybercrime and bullying. So, the research aims to explore the common laws and approaches to addressing cybercrime and bullying of adolescents in Indonesia. In Indonesia bullying, as a criminal act is regulated under the Child protection act, ITE Law and KUP. And cybercrime is regulated under Law Number 11 in 2008. Results provide valuable insights and a detailed review of laws and activities relevant to the issue under discussion. The present study holds greater theoretical and practical importance as this study is a valuable addition to the growing body of literature regarding cybercrime and bullying in Indonesia. Furthermore, the regulatory bodies of Indonesia can also gain insights from the study by focusing on required amendments to cater to the prevailing problems in a better way in the country.

Keywords: cybercrime, adolescent bullying, acts and laws, Indonesia

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26
Jun
2023

An Existence of Traditional Marriage Forms and Implicationsin the Community of Kei Southeast Maluku”

Roberth Kurniawan Ruslak Hammar¹
Wellem Hendra Balubun²
Agustinus Luturmas³
INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY RESEARCH AND ANALYSIS

ABSTRACT: This research is analysis about the forms of marriage in the Kei ethnic community develop and adaption themselves to contemporary developments. Therefore, a form of marriage is determined by the method or mode of the man who carries out the marriage, and also depends on the availability of marital property and the consent of the woman’s parents, or vice versa. There are seventh forms of customary marriage in the Kei community with a differentiation of the form of the traditional procession. In conclude, the type of marital property and its legal implications. Show that any form of marriage by the level an existence of the male side.

KEYWORDS: form of marriage, implications, Kei society

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25
Jun
2023

How Legal Entrepreneur And Regulation Impact To Lo-Cal Business Emerging Market Industry In Indonesia: Baseline Analysis?

Roberth Kurniawan Ruslak Hammar
Sherlinda Octa Yuniarsa
International Journal of Business, Economics and Law

ABSTRACT
This research study aims to analyze the impact between entrepreneur and local business mechanisms with regulation. This research
is qualitative research and using an online questionnaire to collect the data from local people as a partici-pant. This study uses
non-probability sampling with purposive sampling. The data analysis technique was used is meta-analysis. The results were
showed by the impact in business platform industry. In contrast, advantages of business are relatively straightforward with a new
strategy. Besides that, a high demand for young entrepreneur becoming available in Indonesia, which is entrepreneur be able to
sell up their product with legal system. In term of many rules, as an entrepreneur can survive with factoring system for local
communities by pride local wisdom version off. This research study had opportunity such as new in-sight, experience, and influence
rather than attempting to memorize business concepts. However, the business preparation with legal system would be find out
inner creativity during pandemic covid-19. It would be better equipped to put the baseline information into it is proper context like
respect to the overall business plan. Related to this result, it is created to goals after made collaboration with stakeholder and
local government by real business.

Keywords: young generation, local community, business mechanisms, legal system

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