Legal Journal of Law

Dynamics of Customary Law: The Existence and Validity of Customary Agreements in Marriages of the Ammatoa Kajang Community

Andi Bau Malarangeng — 2026-05-16

This study aims to analyze the existence of customary agreements in marriages among the Ammatoa Kajang indigenous people and the factors that influence them. The research method used is normative and empirical legal research with a qualitative descriptive approach. Data were obtained through interviews, field observations, and library studies of laws and regulations as well as customary law literature. The results of the study indicate that customary agreements in marriages among the Ammatoa Kajang indigenous people still exist and are implemented based on Pasang ri Kajang as a guideline for community life. Customary agreements regulate the stages of marriage, requirements for prospective brides and grooms, and obligations of both parties and are prioritized over state law provisions, particularly regarding age limits and marriage registration. The research findings indicate that there are still marriages that are legally valid according to custom but are not administratively registered. Factors that influence the existence of customary agreements include the lack of socialization of state law, the strength of Pasang ri Kajang, the existence of customary sanctions as a means of social control, and the value of siri (self-esteem) that is highly upheld by the community. The implications of this study indicate the need for harmonization between customary law (living law) and state law to achieve legal certainty without eliminating the cultural values of indigenous communities

A Legal Review of the Existence of the Maccera Tappareng Tradition in Connection with the Lake Tempe Ecosystem

Andi Dadi Mashuri Makmur — 2026-05-16

This study aims to analyze the legal status of the Maccera Tappareng tradition within the national environmental law framework and its contribution to the preservation of the Lake Tempe ecosystem. Using normative legal research methods with a socio-legal approach, this study explores the convergence between customary norms and formal regulations such as Law No. 32 of 2009 concerning Environmental Protection and Management. The results of the study indicate that Maccera Tappareng is not merely a symbolic ritual, but rather an effective customary law instrument (living law) in regulating the sustainable use of aquatic resources. Integrating these values into regional policies is crucial to addressing ecosystem degradation due to anthropogenic pressures such as the use of inappropriate electric nets and nets, which pose a serious threat to environmental and traditional sustainability. The research method used is empirical law with a sociological approach, through data collection in the form of interviews and field observations. Factors influencing the existence of this tradition include community awareness and behavior, environmental damage due to illegal activities, the role of government in supervision and outreach, and the close relationship between tradition and the lake ecosystem. This study emphasizes the importance of collaboration between the government, customary leaders, and the community in maintaining environmental and cultural sustainability

Review of the Obligation to Pay Motor Vehicle Tax as a Form of Civil Legal Obligation at SAMSAT Wajo

Andi Wahyuddin Nur — 2026-05-16

Studies on the obligation to pay motor vehicle tax are generally only reviewed within the scope of public law or state administration. In fact, the implementation of this obligation has a strong relationship with the concept of obligations in civil law, referring to the provisions of Article 1233 of the Civil Code. This study was conducted to analyze the legal status of Motor Vehicle Tax as a form of obligation between Taxpayers and the Regional Government, and to evaluate field factors that influence the level of compliance at the UPT Revenue SAMSAT Wajo Region. An empirical legal approach was applied to combine regulatory analysis with sociological facts in society. Primary data collection was carried out through in-depth interviews, supported by legislative instruments as secondary data, to be analyzed qualitatively. The results of the investigation prove that tax obligations are a form of legal obligations that arise purely due to statutory orders. The Regional Government is in the position of creditor holding the right to collect, while the community has the status of debtor carrying the obligation. Negligence in fulfilling this obligation triggers the imposition of administrative fines, the function of which is in line with the concept of compensation for default. In practice, public compliance is strongly supported by the quality of bureaucratic services, but is simultaneously hampered by low legal understanding, agrarian economic instability, and administrative problems resulting from the high number of vehicle sales without title transfers.

Legal Review of the Element of Negligence in the Death of Cattle in Laerung Village: A Juridical-Empirical Analysis Based on Unlawful Acts

Ismail Ali — 2026-05-16

This study aims to evaluate the manifestation of negligence (culpa) in cattle deaths in Laerung Village through the lens of Articles 1365 and 1367 of the Civil Code (KUHPerdata). Livestock deaths in rural areas are often viewed as ordinary agricultural incidents, but legally, they carry significant complexities of civil liability. Using empirical legal research methods, this study identifies that the ambiguity of the boundaries between "accidental acts" and "gross negligence" is a primary trigger for disputes between residents. The findings indicate that the lack of specific local regulations regarding grazing zoning exacerbates the degree of negligence of both livestock owners and third parties. In addition to negligence (culpa), the mysterious and mass deaths occurring within a short period of time strengthens the suspicion of intentional (dolus) action by another party, based on police reports. This research's original contribution lies in integrating formal legal norms with the sociological realities of rural communities in establishing standard parameters for the duty of care in the smallholder livestock sector.

Implementation of the Restorative Justice Concept in Resolving Child Crimes in the Digital Era at the Wajo Police

Martono — 2026-05-16

This study aims to determine the application of the concept of restorative justice in resolving juvenile crimes in the digital era at the Wajo Police Resort; and to determine the factors that influence the application of the concept of restorative justice in resolving juvenile crimes in the digital era at the Wajo Police Resort. The research was conducted at the Wajo Police Resort. The data collection method used was interviews and library research. Data were analyzed qualitatively using deductive and inductive methods and then presented descriptively. Data in the form of direct interviews with related parties and in the form of legal products and reading materials related to the object of study to sharpen and deepen the qualitative analysis. The results of the study indicate that knowing the application of the concept of restorative justice in resolving juvenile crimes in the digital era at the Wajo Police Resort shows that the implementation of restorative justice has been attempted normatively, but empirically has not been running optimally in dealing with the complexity of juvenile crimes in the digital era; The factors influencing the implementation of the restorative justice concept in resolving juvenile crimes in the digital era at the Wajo Police Department include legal substance (regulations and policies), law enforcement officials (legal structure), community and legal culture, facilities, infrastructure, and inter-agency coordination, and the role of the child's family and environment.

Enforcement of Penitentiary Law for Perpetrators of Sexual Violence Against Children in the Wajo Police Jurisdiction

YUstiana — 2026-05-16

The purpose of the study is to provide legal protection for victims of sexual violence against children and to determine the factors that hinder law enforcement against perpetrators of sexual violence against children in the Wajo Police Criminal Investigation Unit. The research method used by the researcher is two methods, namely normative legal research, by taking legal data sources and secondary data, by processing data from primary, secondary, and tertiary legal materials. Data collection tools include library research, as well as qualitative research with field research, through observation and interviews with respondents. The results of the study indicate that legal protection for victims of sexual violence against children, namely legal protection for child victims of sexual violence at the Police (PPA Unit) includes assistance by female police officers (psychologists), identity confidentiality, trauma prevention (child-friendly interviews), and law enforcement based on the TPKS Law No. 12/2022 and the Child Protection Law. These efforts include medical, social assistance, and the right to restitution. The police collaborate with the UPTD PPA, the Social Service, or psychologists to provide assistance during the investigation process for trauma recovery. Factors hindering law enforcement against perpetrators of sexual violence against children at the Wajo Police Criminal Investigation Unit are: Based on a study of law enforcement for sexual violence against children, the main inhibiting factors at the Wajo Police Criminal Investigation Unit generally include internal obstacles (lack of dedicated PPA personnel, limited infrastructure) and external obstacles (victims or families being afraid to report, lack of evidence or witnesses, and efforts to resolve the matter amicably).

Review of the ITE Law in conjunction with the Law on the Criminal Act of Transmitting Sexually Inappropriate Electronic Information via Social Media at the Wajo Police

Muharawati — 2026-05-16

This study aims to determine the application of the ITE Law in conjunction with Law Number 19 of 2016 in handling the crime of transmitting electronic information containing sexual content through social media at the Wajo Police Station; and to determine the factors that influence the application of the ITE Law in conjunction with Law Number 19 of 2016 in handling the crime of transmitting electronic information containing sexual content through social media at the Wajo Police Station. The data collection method used was interviews and library research. The data were analyzed qualitatively using deductive and inductive methods and then presented descriptively. The results of the study indicate that the application of the ITE Law in conjunction with Law Number 19 of 2016 in handling the crime of transmitting electronic information shows that it has been carried out procedurally and normatively, but is still faced with various substantive, structural, and cultural challenges; and the factors that influence the application of the ITE Law in conjunction with Law Number 19 of 2016. Law Number 19 of 2016 in handling the crime of transmitting sexually charged electronic information through social media at the Wajo Police Resort is influenced by factors such as legal substance, legal structure, legal culture, technical factors in proving ITE crimes, victim and perpetrator factors, and policy and law enforcement discretion.

Civil Law Review of the Blocking of Inactive Accounts by the Financial Transaction Reports and Analysis Center (PPATK) from the Perspective of Account Owner Protection

Sulaeman — 2026-05-16

Research into the blocking of dormant accounts by the Financial Transaction Reports and Analysis Center (PPATK) raises legal issues related to the protection of account holders' civil rights. This study aims to analyze the legal basis for PPATK's authority, the status of customers' civil rights, and the forms of legal protection that can be pursued. The research method used is normative juridical with a statutory and conceptual approach, using primary and secondary legal materials. The results of the study indicate that PPATK's authority to request a temporary suspension of transactions has a legal basis in Article 44 paragraph (1) letter i of Law Number 8 of 2010 concerning the Prevention and Eradication of Money Laundering. From a civil law perspective, the relationship between a bank and a customer is a contractual relationship that gives rise to rights and obligations, so that funds in the account remain the property of the customer. Legal protection for account holders is provided preventively through the principles of prudence and transparency, and repressively through complaint mechanisms to the bank, the Financial Services Authority, dispute resolution through alternative institutions, and civil lawsuits. The implications of this study emphasize the importance of a balance between state authority and the protection of customers' civil rights.

Legal Regulations Concerning Cyberstalking Crimes Against Important State Officials in South Sulawesi

Martono — 2026-05-16

This study aims to determine the form of regulation regarding the criminal act of spreading cyberstalking based on the provisions of the articles in the ITE Law and the Criminal Code, and to determine the factors that hinder law enforcement against this crime. The research method used is a normative-empirical legal approach by combining analysis of laws and regulations and field data. Primary data was obtained through interviews with investigators at the South Sulawesi Regional Police, while secondary data was obtained from legal literature, scientific journals, and relevant laws and regulations. Data analysis techniques were carried out qualitatively by examining the conformity between legal norms and law enforcement practices in the field. The results of the study indicate that normatively the spread of cyberstalking links can be ensnared through several provisions in the ITE Law and the Criminal Code, including Law Number 1 of 2008 and Law Number 1 of 2023 relating to the dissemination of misleading information, illegal access to electronic systems, and stalking. However, various obstacles remain in law enforcement practice, such as difficulties in obtaining digital evidence, the use of anonymous perpetrator identities, limited digital forensic technology, the absence of victims willing to report, and low public awareness of safeguarding electronic evidence. These findings indicate a gap between applicable legal norms and their implementation in law enforcement practice. Although a legal framework for prosecuting cyberstalkers is available in the ITE Law and the Criminal Code, its effective implementation still requires strengthening through capacity building of law enforcement officers, provision of digital investigative technology, and increased public digital literacy.