Journal articles on the topic 'Customary medicine'
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1
Hufford, David. "Customary Observances in Modern Medicine." Western Folklore 48, no. 2 (April 1989): 129. http://dx.doi.org/10.2307/1499686.
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Merang, K. Rapiandi Isak, and Iskandar Iskandar. "Peran Karang Taruna Bunga Bakung Dalam Pelestarian Hutan Adat Melalui Kearifan Lokal." Kaganga:Jurnal Pendidikan Sejarah dan Riset Sosial Humaniora 3, no. 2 (December 25, 2020): 189–98. http://dx.doi.org/10.31539/kaganga.v3i2.1781.
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ABSTRACT
The purpose of this research is to describe the role and to find out the obstacles of Karang Taruna in Sajau Village in preserving customary forests based on local wisdom. This study used descriptive qualitative method. The results showed that the role of Karang Taruna in the preservation of customary forests in Sajau Village was to collaborate with customary institutions, village government, and the Sajau Village community to monitor, report, and enforce customary law based on local wisdom. Constraints in the preservation of customary forests are due to internal factors of the Sajau Village community taking wood in the customary forest without the permission of the customary institutions and the Sajau Village government and external factors there are people who do not know the boundaries of the customary forest, and the company is interested in buying customary forest land. The conclusions of the research are (1) the role of Karang Taruna in the preservation of customary forests, namely: Coordination with the village government and the Sajau Village customary institution to make and stipulate customary rules, conduct supervision, maintain customary forests, enforce customary law (2) Constraints in the preservation of customary forests, namely: Threats from within the village, communities from outside the village and threats from companies.
Keywords: Adat, Forest, Wisdom, Youth Organization.
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Awi, Sara Ida Magdalena, I. Wayan Windia, A. A. Istri Ari Atu Dewi, A. A. Gede Oka Parwata, and Edy Nurcahyo. "Duties And Responsibilities Of Customary Functionaries In The Implementation Of The Indigenous Government System In Nafri Village." International Journal of Educational Research & Social Sciences 3, no. 4 (September 1, 2022): 1775–81. http://dx.doi.org/10.51601/ijersc.v3i4.438.
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The purpose of writing this article is to find out the role of customary functionaries in running the customary government system and the cooperative relations between these traditional partners in carrying out the customary government system for the indigenous people in Nafri Village. Both traditional partners from Nafri Village and also traditional partners from outside Nafri Village. This research can be categorized in the type of research with empirical aspects, because here we see the role of customary functionaries in the implementation of customary government law in the Nafri customary law community who sees the role of customary functionaries being carried out in reality. From the results of the study, it was revealed that customary functionaries have a very important role in carrying out the customary government system in the indigenous people of Nafri Village, both on ontofro and whase ontofro. And also these traditional functionaries have a cooperative relationship with traditional partners, both those from within the Nafri village itself and also traditional partners with villages from outside the Nafri village.
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Shanty, Valentina, Adwani Adwani, and Azhari Yahya. "Indigenous Sanction of Expulsion in Central Aceh District (Human Rights Perspective)." AL-IHKAM: Jurnal Hukum & Pranata Sosial 13, no. 2 (December 31, 2018): 254–72. http://dx.doi.org/10.19105/al-lhkam.v13i2.1828.
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Aceh Province as an Islamic Sharia Regional has culture and customs based on the values of the Quran and Hadith. For the Acehnese people, customs and laws cannot be totally separated that Acehnese customary law continues to grow until the birth of Acehnese Qanun Number 9 of 2008 concerning the Development of Indigenous and Customary Life. In the implementation, the customary sanctions experience some obstacles due to their unwritten characteristic that made them slightly shifted by the presence of national law. As what happens nowadays in Central Aceh District which is famous with its traditional values, there found legal issues for the customary instrument (Sarak Opat) when the customary sanctions considered discriminatory and arbitrary. Therefore, the settlement of customary disputes must be in accordance with humanitarian principles prioritizing the principle of deliberation and peace although many obstacles still exist at the level of implementation because of lack of understanding by both community and customary instruments related to the implementation of customary itself.
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Husein, Agustina Rahayu. "Role of Damang (Tribal Chief) on Domestic Violence Cases (Study at Palangka Raya City, Indonesia)." Journal of Law and Legal Reform 2, no. 3 (July 31, 2021): 365–78. http://dx.doi.org/10.15294/jllr.v2i2.46534.
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This study aims to introduce the community to the customs of the Dayak tribe as well as to describe the role of the traditional head damang in handling cases of domestic violence that occurred in the city of Palangka Raya. The people of Central Kalimantan carry out their lives based on rules, norms or orders in navigating life that are regulated by traditional institutions in the form of kedamangan which in this kedamangan customary institution consist of damang, sub-district customary mantir, and village customary mantir. Damang is a customary leader and head of the district level customary peace mantir density who is authorized to enforce Dayak customary law in a customary area. The problem of domestic violence is a serious case that must be handled by the damang because the damang is a person who has the position to resolve and decide on a customary case that occurs in the adat community.
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Khadijah, Siti Nur, and Idham Idham. "Analisis Yuridis Konsolidasi Tanah Masyarakat Hukum Adat di Daerah Perkotaan." ARBITER: Jurnal Ilmiah Magister Hukum 3, no. 2 (December 30, 2021): 215–27. http://dx.doi.org/10.31289/arbiter.v3i2.635.
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The existence of customary land rights in Article 3 of the Basic Agrarian Law is a common thing, because along with the territorial rights of indigenous peoples, they existed before the formation of the Republic of Indonesia. However, many problems with land in customary areas that arise in territorial and national sizes will never get a complete settlement without the fair treatment needed as a benchmark for determining the existence of customary rights and their implementation. The existence criteria for establishing customary rights consist of three elements, namely the existence of certain customary rights into the environment, the existence of certain customary law communities, and the purpose of taking the lives of indigenous peoples, and the existence of customary law regarding the maintenance of order, the use of controversial lands that apply and are adhered to by the government. culture. In this study using a normative juridical method. The results of this study show that there are still rules from the community, and there is no regulation on ulayat rights. Customary rights regulations can be a loophole for customary rights, even at the lowest level.
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Suryamodjo, Pratama Yoland, Nur Azisa, and Haeranah Haeranah. "Customary sanctions in resolving violations of the "aluk todolo" of the Tana Toraja community." Jurnal Cakrawala Hukum 13, no. 2 (August 1, 2022): 214–23. http://dx.doi.org/10.26905/idjch.v13i2.5655.
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Customary law must be able to protect and serve as a legal umbrella for indigenous peoples in terms of resolving customary violations committed by tourists, so this research is to determine the effectiveness of the application of customary sanctions in resolving violations of customary "Aluk Todolo" communities in Tana Toraja and North Toraja Regencies and observe the application of sanctions customary law in resolving violations of the "Aluk Todolo" custom which can provide a deterrent effect for violators and become the basis for legal protection for people in Tana Toraja Regency and North Toraja Regency who carry out this rule, using empirical research by collecting data based on observed facts obtained from the results of interviews and direct observation. The results of this study indicate that the application of customary sanctions in resolving violations of the traditional "Aluk Todolo" community in Tana Toraja Regency and North Toraja Regency is very effective in preventing customary violations and is the basis for legal protection for people in Tana Toraja Regency and North Toraja Regency who carry out the rules.How to cite item: Suryamodjo, PY, Azisa, N., Haeranah. (2022). Customary sanctions in resolving violations of the "aluk todolo" of the Tana Toraja community. Jurnal Cakrawala Hukum, 13(2), 214-223. doi:10.26905/idjch.v13i2.5655.
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Reumi, Frans, and Kadir Katjong. "The Legal Standing of Ulayat Rights and Communal Rights of a Land Based on Knowledge and Kindship of Community System of the Sentani Customary Law in Jayapura Regency, Papua." International Journal of Multicultural and Multireligious Understanding 8, no. 9 (September 6, 2021): 244. http://dx.doi.org/10.18415/ijmmu.v8i9.2982.
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The purpose of this research is to show the different implementation of ulayat rights concept and the communal rights of a Land on the customary law community, after the enactment of Permen ATR/Head of BPN No. 10 of 2016., from the aspect of legal subject, object, characteristics, the validity is the same of not on the implementation based on the knowledge and the kindship system of the 9 (nine) ethnic group of customary law community in 12 (twelve) region of customary regency Jayapura, Province of Papua. This research using normative-juridical and empirical-juridical approach with a secondary legal material, observation, and interview, then the analysis has been done qualitatively which the reduction, presentation of legal material and verification. The Result showed that there are a perception differences on the government knowledge and customary law community knowledge of 9 ethnic group in 12 customary region on 4 development area of Jayapura. Especially the customary community of Sentani which are in the one of the development area, knows that the ulayat rights or communal rights is a common rights beside the individual rights, is different on its implementation. It means that for the 9 ethnic group of the customary law community of Sentani the concept of Ulayat rights are broad public rights and limited private rights to land, held and done by the head of the tribe, klen, and the main family, while the concept of communal rights is limited to the public rights and broad on the private of the land which done by the klen and the main family including the individual rights of the customary law community. The recognition of both differences of the concept on the implementation of ulayat rights and communal rights of 9 tribal ethnic group of Sentani on 12 sub-region of customary area of Jayapura, based on the knowledge and the legal system of kinship (the history of origin) genealogically and customary territorial and customary institution (social structure), the system of keondoafian leadership which are run until today, there are no legal certainty as the effort to overcome the differences in the concept of implementing ulayaat rights and communal rights as well as individual rights of the Sentani customary law community, Jayapura.
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Mulyadi, Edi, and Eki Furqon. "Sistem Pemerintahan Masyarakat Hukum Adat Baduy Dalam Kerangka Sistem Otonomi Daerah." Ajudikasi : Jurnal Ilmu Hukum 5, no. 2 (December 27, 2021): 165–78. http://dx.doi.org/10.30656/ajudikasi.v5i2.3536.
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Customary law communities are the most important part of the history of the development of the Indonesian nation. The contribution given by the customary law community since ancient times has been very large for the development of human civilization, especially in the aspect of order that exists in customary law. The Baduy tribe is one of the customary law communities whose existence is still maintained to this day. The Baduy customary law community has a legal system including its government system which is the hallmark of indigenous peoples. In addition to using their customary government system, Baduy as well as part of the Unitary State of the Republic of Indonesia must participate in every national policy, especially in the area of regional and village government. The recognition given by the 1945 Constitution of the Republic of Indonesia to indigenous peoples in Indonesia is the basis for the use of their respective customary law systems. Therefore, the researcher considers it necessary to conduct a study to see how the current system of governance of the Baduy customary law community is related to the existing positive law.
The research method used is a normative juridical and empirical (mixed) juridical research method to see how the normative arrangements regarding the position of the Baduy community government system are and can describe what the government system is like. The specific target to be achieved in this research is to contribute ideas to the local government and the Baduy indigenous people in terms of the position of the Baduy customary government system in terms of the existing positive law.
The results of the research carried out explain the Baduy customary law community uses a government system that originates from their customary law known as pikukuh or karuhun. Law 23/2014 on Regional Government gives authority to provincial and district governments to regulate the empowerment of indigenous peoples and the arrangement of customary villages through existing traditional institutions. This happens because community and village empowerment is included in the mandatory concurrent government affairs that are not related to basic services.
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Hutama, Wimba Roofi. "Eksistensi Hak Ulayat Pasca Berlakunya Peraturan Menteri Agraria Nomor 18 Tahun 2019." Notaire 4, no. 3 (September 30, 2021): 489. http://dx.doi.org/10.20473/ntr.v4i3.28036.
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The Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency of the Republic of Indonesia recently issued Ministerial Regulation of ATR No. 18 of 2019 concerning Procedures for Administration of Customary Land Community Units of Customary Law. However, the reality is that until now there are still ulayat lands of customary law community units whose management, control and use are based on local customary law provisions and are recognized by the members of the customary law community unit concerned. The research uses normative research, namely normative juridical research, namely research based on applicable laws and legal norms and has binding power to answer the legal issues faced. The results obtained are that the characteristics of customary rights of customary law communities, that customary rights to land are controlled by customary law communities, namely people who live in groups, hereditary based on ties of origin/ancestor or similarity of residence, have the same culture, live in a certain area, have customary property that is jointly owned, have customary institutions containing sanctions, as long as they are still alive according to developments and do not conflict with national law.Keywords: Existence; Customary Rights; Minister of Agrarian Regulation.Menteri Agraria Dan Tata Ruang/Kepala Badan Pertanahan Nasional Republik Indonesia baru-baru ini menerbitkan Permen ATR No. 18 Tahun 2019 Tentang Tata Cara Penatausahaan Tanah Ulayat Kesatuan Masyarakat Hukum Adat. Namun kenyataannya hingga kini masih terdapat tanah ulayat kesatuan masyarakat hukum adat yang pengurusan, penguasaan dan penggunaannya didasarkan pada ketentuan hukum adat setempat dan diakui oleh para warga kesatuan masyarakat hukum adat yang bersangkutan”. Penelitian dengan menggunakan penelitian normatif, yaitu penelitian yuridis normatif, yaitu penelitian didasarkan peraturan perundang-undangan atau norma-norma hukum yang berlaku dan mempunyai kekuatan mengikat guna manjawab isu hukum yang dihadapi. Diperoleh hasil bahwa Karakteristik hak ulayat masyarakat hukum adat, bahwa hak ulayat atas tanah tersebut dikuasai oleh masyarakat hukum adat, yakni masyarakat yang hidup berkelompok, turun menurun berdasarkan ikatan asal usul/leluhur atau kesamaan tempat tinggal, berbudaya sama, hidup dalam satu wilayah tertentu, memiliki harta benda adat milik bersama, mempunyai pranata adat mengandung sanksi, sepanjang masih hidup sesuai perkembangan dan tidak bertentangan dengan hukum nasional.Kata Kunci: Eksistensi; Hak Ulayat; Peraturan Menteri Agraria.
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Nedostup, Alexander. "What is Orthodox Christian Medicine?" Studies in Christian Ethics 24, no. 4 (November 2011): 441–48. http://dx.doi.org/10.1177/0953946811415013.
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The term ‘Orthodox Christian medicine’ has become so customary among believers in Russia that the concept behind it is rarely questioned. However, it is worth articulating both for the sake of the profession and for the benefit of patients whether such a phrase is at all meaningful and if so what exactly it stands for. The following analysis, based on a public lecture, draws on the personal experience and reflections of a practicing GP and cardiologist who is also the Chairman of the Society of Orthodox Christian Physicians of Russia.
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Radebe, Keneilwe Martha. "Tsambo v Sengadi (244/19) [2020] ZASCA 46 (30 April 2020); Sengadi v Tsambo; In Re: Tsambo (40344/2018) [2018] ZAGPJHC 666; [2019] 1 All SA 569 (GJ) (8 November 2018) Assessing the insurmountable challenge in proving the existence of a customary marriage in terms of section 3(1)(b) of the Recognition of Customary Marriages Act 120 of 1998 and the misplacing of gender inequality." De Jure 55, no. 1 (June 10, 2022): 1–10. http://dx.doi.org/10.17159/2225-7160/2022/v55a5.
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The Recognition of Customary Marriages Act 120 of 1998 endeavoured, amongst other things, to alleviate the discriminatory and unequal treatment suffered by women in customary marriages. Women had grounds for celebration when the Recognition of Customary Marriages Act was finally enacted. The onus of proving the existence of a customary marriage still remains an insurmountable challenge and poses a threat of distorting African customs when courts attempt to ascertain the existence of a customary marriage. This challenge is reflected in the cases of Tsambo v Sengadi (244/19) [2020] ZASCA 46 (30 April 2020). Sengadi v Tsambo; In Re: Tsambo (40344/2018) [2018] ZAGPJHC 666; [2019] 1 All SA 569 (GJ) (8 November 2018). On 28 February 2016, Ms Sengadi and Mr Tsambo together with their families celebrated what was assumed to be a customary marriage. The Tsambo family furthermore on the abovementioned day welcomed Ms Sengadi as their bride and this according to the Sengadi family signified a handing over resulting in the conclusion of a valid customary marriage. The Tsambo family has however in the cases of Sengadi v Tsambo, and Tsambo v Sengadi, disputed the existence of a customary marriage and raised the argument that Ms Sengadi was not handed over to the Tsambo family in accordance with Setswana custom. Ms Sengadi now bears the onus to prove the existence of a valid customary marriage and this exposes the insurmountable challenge in establishing and ascertaining applicable contents of African custom. This paper seeks to assess the challenge in ascertaining the existence of a valid customary marriage and how African custom can be misplaced under the guise of gender equality with emphasis on how the handing over of the bride has been misplaced by courts in the Sengadi v Tsambo and Tsambo v Sengadi cases.
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The, Sianny Cindy, Made Warka, Slamet Suhartono, and Endang Prasetyawati. "Legal Protection of Ulayat Lands of Indigenous Peoples Against the Threat of Land Commercialization." International Journal of Multicultural and Multireligious Understanding 9, no. 12 (December 15, 2022): 300. http://dx.doi.org/10.18415/ijmmu.v9i12.4288.
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The existence of Communal Lands is increasingly threatened by the power of capital through various means which then excludes and even eliminates community access to their customary lands and forests. The issuance of Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flat Units, and Land Registration which states that Customary Land, which in this case is Communal Land, can be granted Management Rights, creates new problems, namely prone to commercialization of the land. The existence of the potential for commercialization will certainly have an impact on the survival of the customary law community in the area. This study will analyze the nature of the protection of the rights of indigenous peoples to customary lands and the urgency of legal protection of customary lands of customary law communities from the potential for commercialization of land. This research is a normative legal research using a statutory approach, a conceptual approach, a historical approach and a philosophical approach. The results of the research conclude that the nature of the protection of the Rights of the Indigenous Law Community on Ulayat Land is to respect and protect local cultural identity and preserve nature in the area and also universally the existence of indigenous peoples has been recognized. The urgency of legal protection of the customary land of customary law communities from land commercialization is to preserve nature and the survival of the indigenous peoples themselves. The existence of normalization of the legal protection of the rights of indigenous peoples over customary land will be able to provide justice in the event of land disputes with large investors.
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-, Sigit Sapto Nugroho, and Sarjiyati Sarjiyati. "Masyarakat Hukum Adat (MHA): Studi Penguatan Kapasitas Lembaga Adat Desa Melalui Pembentukan Peraturan Desa." Fundamental: Jurnal Ilmiah Hukum 10, no. 2 (October 16, 2021): 108–30. http://dx.doi.org/10.34304/jf.v10i2.50.
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This study aims to identify and analyze the strengthening of the capacity of the Village Customary Institution (LAD) in the formation of village regulations. By using a normative juridical research method (doctrinal), based on primary legal materials, secondary legal materials and non-legal materials, then analyzed descriptively qualitatively. Based on the results of research and discussion, it shows that the Village Customary Institution as a forum for deliberative organizations to accommodate and channel the aspirations of the community to the government, resolve various problems that exist in society related to customary law, the existence of traditional institutions is also to create a democratic, harmonious relationship. and to empower the community in order to support the improvement of government administration, and the welfare of the village community. Village customary institutions are also a forum or organization where when in resolving a dispute or conflict there is a deliberation between the traditional apparatus which can be called a customary deliberation. Where customary deliberations are carried out in the community to realize the purpose of living together according to the local customary law. The Village Customary Institution will have legal certainty if a Village Regulation has been made so that the roles and functions of the Village Traditional Institution can be empowered as part of the implementation of the Village administration tasked with maintaining customs and resolving conflicts according to custom within the legal corridors of the Village Government as regulated in Law Number 6 2014 about Village
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Putri, Jenuarani Artha Adinda. "Pelaksanaan Hukum Adat Tentang Jual Beli Hak Atas Tanah Adat Kepada Orang Bukan Suku Tengger Berdasarkan Asas Keadilan." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 7, no. 1 (March 30, 2022): 206. http://dx.doi.org/10.17977/um019v7i1p206-213.
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This study aimed to analyze the provisions for the sale and purchase rights to customary land of the Tengger tribe and implement common law regarding buying and selling to non-Tengger people based on justice. The research method used in this study was empirical juridical with a statutory approach. Data was collected by using interview and documentation techniques. Data sources consisted of primary data and secondary data. The study results showed that the Tenggerese community still maintained the provisions of customary law regarding the prohibition of buying and selling customary land to non-Tengger people. The sale and purchase of customary land of the Tengger tribe to non-Tengger people did not fulfil the principle of justice because it did not involve the customary head and the community's agreement.
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Yadin, Hasdin, Haeranah Haeranah, and Hijra Adhiyanti Mirzana. "The efficacy of law enforcement in the Tolaki Mekongga Indigenous Law Community's adultery (Umoapi) resolution process." Jurnal Hukum Volkgeist 6, no. 1 (December 27, 2021): 15–20. http://dx.doi.org/10.35326/volkgeist.v6i1.1275.
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The purpose of this study is to ascertain and analyze the mechanism for resolving the crime of adultery (Umoapi) in the Tolaki Mekongga customary law community, as well as the efficacy of law enforcement in resolving the crime of adultery (Umoapi). The research method utilized is empirical, with data gathering approaches including interviews, questionnaires, and document studies, in which data are extracted directly from documents containing information about the study topics, such as laws and regulations, books, and journals. The findings indicated that (1) the mechanism for resolving adultery (Umoapi) in the Tolaki Mekongga customary law community was through the imposition of customary penalties by customary speakers (tolea), and (2) law enforcement was successful in resolving adultery (Umoapi) in the community. Tolaki Mekongga customary law is influenced by elements like as law, law enforcement, facilities and infrastructure, community, and cultural influences.
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Adhi, Yuli Prasetyo, Triyono Triyono, and Muhyidin Muhyidin. "Questioning the Customary Inheritance Law After Law No. 3 of 2006 about Religious Jurisdiction." Indonesian Journal of Advocacy and Legal Services 3, no. 1 (March 24, 2021): 111–22. http://dx.doi.org/10.15294/ijals.v3i1.45728.
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Customary inheritance dispute might occur when the heirs cannot reach agreement between divisions of property or during inheritance law point which will be used. Indonesia acknowledges 3 existing inheritance laws which are western civil inheritance law, Moslem’s inheritance law, and customary inheritance law. Legal action of inheritance law is usually resolved by deliberation but if there is no agreement reached between these processes, therefore court mechanism can be used to make law suit and dispute resolution. UU No 3 of 2006 about religious jurisdiction is a legal product that is issued to provide improvement (Amendment) against UU No 7 of 1989 about religious jurisdiction. UU No 3 of 2006 is giving significant impact against the existence of custom inheritance law in Indonesia. Before this constitution is created, religious jurisdiction can accept customary inheritance disputes for Moslem people according to the criteria which have been stated in UU No 7 of 1989. Since UU No 3 of 2006 is created, therefore customary inheritance law, even though the heirs are Moslem, must follow the district court mechanism. This will provide increasingly narrow space for the existence of customary law in the future. This program is held in Pati, Central Java, where custom inheritance law still exists and is being used in Pati community. Dissemination and harmonization regarding customary law is important to maintain sustainability and existence of customary law in Indonesia.
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Nyanzi, Stella, Justine Nassimbwa, Vincent Kayizzi, and Strivan Kabanda. "‘African Sex is Dangerous!’ Renegotiating ‘Ritual Sex’ in Contemporary Masaka District." Africa 78, no. 4 (November 2008): 518–39. http://dx.doi.org/10.3366/e0001972008000429.
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The sexual culture of sub-Saharan African peoples is variously utilized as an explanation for the high incidence of HIV in Africa. Thus it has been the target of behaviour change campaigns championed by massive public health education. Based on ethnographic fieldwork (using participant observation, individual interviews, focus group discussions, and a survey) in Masaka District, this article contests a reified, homogeneous and ethnocentric sexualizing of Africans. It engages with how prescribed ritual sex practices are (re)negotiated, contested, affirmed, policed, revised and given meaning within the context of a society living with HIV/AIDS. Among Baganda, sex is customarily a vital component for ‘completing’ individual prosperity, kin-group equilibrium and social cohesion. Various forms of prescribed customary sexual activities range from penetrative sex interaction between penis and vagina, to symbolic performances such as (male) jumping over women's legs or (female) wearing of special belts. Unlike portrayals of customary sex activities in anti-HIV/AIDS discourse, the notion of ‘dangerous sex’ and the fear of contagion are not typical of all ritual sex practices in Masaka. Akin to Christianity, colonialism, colonial medicine and modernizing discourses, anti-HIV/AIDS campaigns are the contemporary social policemen for sex, sexuality and sexual behaviour. In this regard, public health discourse in Uganda is pathologizing the mundane aspects of customary practices. The HIV/AIDS metaphor is variously utilized by Baganda to negotiate whether or not to engage in specific ritual sex activities.
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Rusdi Antara, Gede Eka, I. Nyoman Budiana, and Ida Ayu Sadnyini. "Formulation of Customary Criminal Law in Future Criminal Code and Legal Enforcement in Indonesia." Substantive Justice International Journal of Law 4, no. 2 (December 30, 2021): 164. http://dx.doi.org/10.33096/substantivejustice.v4i2.149.
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The pros and cons were debated in limiting national legal substance with full recognition of Customary Criminal Law in the bill of Criminal Code and its future enforcement. On the other hand, there are arguments against the inclusion of Customary Criminal Law in the Criminal Code and the resulting disparities in legal enforcement caused by some Judges’ ignorance of judging customary criminal cases settled with the imposition of customary sanctions, which resulted in an unjust situation. This article aims to serve as a legal academic framework for establishing, identifying, and analyzing the formulation of Customary Criminal Law into the Indonesian Criminal Code, as well as to contribute to the discussion of judges’ roles in sentencing customary criminal cases, which they should determine and judge based on customary law. This article demonstrated the use of normative legal research in conjunction with statutory law, legal conceptual, and philosophical approaches to law. This article discovered that: first, several issues concerning the formulation of Customary Criminal Law into several national Bills of Criminal Code were debatable; second, it also cannot be enacted due to conflicting contexts with Criminal Law principles, unwillingness, and an ambiguous law-making process. Furthermore, the prospect of including the Customary Criminal Law in the Bill of Criminal Code is based on various justifications and legal needs that reflect the diverse local genius that still exists and adheres to Pancasila law principles. Additionally, it relates to a proposed new paradigm that Judges and other legal enforcers should adopt when enforcing Customary Criminal Law in any criminal customary case.
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Helfi and Hendri. "Dynamics Of Giving Traditional Degree Children On Khatam Al-Quran At Minangkabau." IBDA` : Jurnal Kajian Islam dan Budaya 20, no. 2 (November 26, 2022): 347–60. http://dx.doi.org/10.24090/ibda.v20i2.6758.
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The background of this research is that in Minangkabau, boys and girls must be good at reading the Koran. This is marked by the khatam of the Qur'an and the awarding of customary titles. but the granting of the customary title violates the general provisions. conception according to adat in Minangkabau. So the purpose of this research is to find out the process of giving customary titles to children, knowing the differences and the history of giving traditional titles to children khatam Al-Quran in Minangkabau. This research includes field research by gathering information through observation, in-depth interviews with predetermined informants. From the results of research on giving customary titles to children who graduate from the Qur'an by deliberation between mamak and bako. the title is announced or before or after the khatam qur'an celebration. the privilege of giving customary titles to them is to glorify children and is a form of traditional and religious ties. There are 2 versions of the origin of giving customary titles to children of khatam quran in Minangkabau. namely the event of the padri war and the event of the hill marapalam oath of sati
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Simarmata, Rikardo. "Kedudukan dan Peran Peradilan Adat Pasca-Unifikasi Sistem Peradilan Formal." Undang: Jurnal Hukum 4, no. 2 (November 21, 2021): 281–308. http://dx.doi.org/10.22437/ujh.4.2.281-308.
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After the implementation of state policy on the unification of the national justice system in 1951, the customary courts are still functioning and are part of the existing customary law system. In fact, this policy abolished the position of customary court as part of the formal justice system. Customary courts continue to function after that period because the said policies did not aim to abolish the existence of customary courts, yet to negate the binding force of its decisions. Moreover, afterwards the state implemented legislation which recognizes informal forums for dispute resolution, including customary courts. The state even enacted laws and regulations whose provisions to eliminate criminal charges against someone who has been decided and given customary sanctions by the customary court. However, such legislative policies and politics do not aim to provide a strong formal position for customary courts so that they can play an important role as a dispute resolution forum favored by justice-seeking communities. This paper uses two methods to discuss the position and role of customary justice in the national justice system. The first method is by discussing two legal ideas, namely Law and Development and Access to Justice. The second method is to compare the legal politics of customary justice in two countries, namely Eritrea and Papua New Guinea. The discussion through these two methods leads this paper to a proposal regarding the need to reconsider giving binding force to customary court decisions.
Abstrak
Pasca-pemberlakuan kebijakan unifikasi sistem peradilan nasional pada 1951, peradilan adat tetap hidup dan menjadi bagian dari eksistensi sistem hukum adat. Padahal, kebijakan ini menghapus kedudukan peradilan adat sebagai bagian dari sistem peradilan formal. Peradilan adat tetap berfungsi setelah periode tersebut karena kebijakan unifikasi tidak bermaksud untuk mengakhiri eksistensi peradilan adat, melainkan meniadakan kekuatan mengikat dari putusannya (binding force). Apalagi, setelah itu negara memberlakukan politik legislasi yang mengakui forum-forum informal penyelesaian sengketa, termasuk peradilan adat. Bahkan, dalam perkembangannya, bermunculan peraturan perundang-undangan yang mempunyai ketentuan menghilangkan tuntutan pidana pada seseorang yang sudah diputuskan dan diberikan sanksi adat oleh peradilan adat. Kebijakan dan politik legislasi mengenai peradilan adat yang seperti itu memunculkan pertanyaan mengenai bagaimana sebenarnya kedudukan peradilan adat dalam sistem peradilan nasional. Tulisan ini menggunakan dua metode untuk mendiskusikan bagaimana kedudukan peradilan adat dalam sistem peradilan nasional. Metode pertama dengan mendiskursuskan dua pemikiran hukum yaitu Law and Development dan Access to Justice. Kedua pemikiran ini memiliki tesis-tesis yang diametral mengenai kedudukan peradilan adat. Metode kedua yaitu membandingkan dengan politik hukum terhadap peradilan adat di dua negara yaitu Eritrea dan Papua Nugini. Pembahasan lewat dua metode tersebut membawa tulisan ini pada suatu usulan mengenai perlunya mengembalikan kedudukan peradilan adat sebagai hanya forum perdamaian menjadi pengadilan yang putusannya bersifat mengikat.
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Różański, Jarosław. "Customary Gidar Marriage and Christian Tradition." Poznańskie Studia Teologiczne, no. 39 (December 16, 2021): 143–59. http://dx.doi.org/10.14746/pst.2021.39.08.
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In Cameroon we are dealing with three types of marriage: traditional, universally practiced marriage; civil marriage, required by state law before entering into a religious marriage; and, finally, sacramental marriage. Most widespread is the traditional form of contracting marriage. This article will present this particular form, referring to Gidar traditions and also showing its similarities to, and differences from, the Christian tradition brought by the missionaries. It will also propose solutions which combine the two traditions.
A characteristic feature of marriage rites was their multi-stage nature. They were not single acts but events long prepared and celebrated with suitable gestures, symbols, words, and events. The individual, successive stages of “taking a wife” consisted of the choice of a spouse, accepted by both families; an engagement period; an act by both families of acknowledgement of the joining of the young persons as one in marriage; the conveying of the bride to her husband’s home; celebrating; and paying the matrimonial fee.
The Church in northern Cameroon recognized traditional marriages contracted outside of baptism as valid and licit, provided that local principles, e.g., payment of a marriage fee, were taken into account. If either of the parties accepted baptism, the marriage became for him or her sacramental.
If the other party also made the same decision later on, their union took on a sacramental character, without a need to renew the marriage vows. Controversy would however arise if attempts were made to contract a traditional marriage if one party was [already] baptized, or if both parties were baptized. These controversies mainly concerned the unity, indissolubility, and sacramentality of marriage.
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Hasnika, Hasnika, Nurun Sholeh, and Robyan Endru Bafadal. "KONFLIK KEPENTINGAN DALAM PENGELOLAAN TANAH ADAT DI DESA BEBIDAS KABUPATEN LOMBOK TIMUR." SOSIO EDUKASI Jurnal Studi Masyarakat dan Pendidikan 4, no. 1 (December 29, 2020): 17–23. http://dx.doi.org/10.29408/sosedu.v4i1.3530.
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This study aims to determine conflicts and the impact of conflicts of interest on customary land management patterns in Bebidas Village, East Lombok. This research is a descriptive study in which data is collected in words, pictures, and not numbers. The results showed that the management of the Jurang Koak customary land was carried out collectively by the people of Jurang Koak daily land and had been managed by their ancestors since the Dutch East Indies era. However, since 1997, Mount Rinjani National Park has been designated as a wildlife reserve by the Minister of Forestry. Since then, in the Jurang Koak customary land, there has been a conflict between the Jurang Koak indigenous people and the Mount Rinjani National Park in the management of customary land. The community wants to use the land as agricultural land, but the National Park wants customary land as a conservation forest for Mount Rinjani National Park.
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Angelika S, Michelle, Yohanes Firmansyah, and Hanna Wijaya. "Traditional Law Existence in Indonesia in Review From Age To Age." Cerdika: Jurnal Ilmiah Indonesia 1, no. 4 (April 25, 2021): 392–402. http://dx.doi.org/10.36418/cerdika.v1i4.57.
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The rules of action are a reflection of the life characteristics of a class of people. Regulations that are timeless and firmly integrated with the citizens' behavior can increase their binding power. As a result, they become customs. In a tradition, there are various rules of the tongue, listed as customary law. Routine or habit is a term commonly used in people's lives. The existence of customary law has been legally recognized by the Indonesian authorities, approved by all Indonesian citizens as one of the legal rules. The citizens can lawfully use it on the side of the authorities' use of laws and regulations. Customary law reflects something Indonesian personality as if the result has been claimed to be like original Indonesian law. As if the law is not recorded, currently, the presence of customary law is being questioned. It has been estimated as conventional, outlandish, ancient primitive, ancient compared to the citizens' modern progress. Some people think that customary law is incapable of solving cases during a period.
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Jiwana, I. Made Wata, and Putu Eka Trisna Dewi. "Conception of Sanctions for Same-Sex Marriage Couples in the Perspective of Balinese Customary Law (Comparison of Laws in the United States)." Jurnal Hukum Prasada 9, no. 2 (September 12, 2022): 80–85. http://dx.doi.org/10.22225/jhp.9.2.2022.80-85.
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In Balinese customary law, same-sex sexual intercourse is known as “salah krama”, or sexual intercourse with wrong partners and it is strictly prohibited in Hindu law. The reason is the situation will make the offenders become cuntaka, leteh or impure. The purpose of this study is to analyse and reveal the paradigm of same-sex marriage from the perspective of international law and customary sanctions against same-sex marriage couples in Bali. The type of research used in this study is normative legal research. Based on analysis, the results of this study revealed that the United States government’s policy paradigm regarding same-sex marriage can be seen from the United States Supreme Court Decision which issued a policy that completely changed the existence of the LGBT community in the United States. Furthermore, the concept of customary sanctions against same-sex marriage couples in Bali is made in the form of giving customary sanctions to those practicing LGBT that must be executed strictly. The customary sanctions that can be given take the form of arta danda, sangaskara danda, and jiwa danda.
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Deliana, Evi, and Muhammad A. Rauf. "SETTLEMENT OF HUSBAND-WIFE AFFAIRS CASE ACCORDING TO CUSTOMARY LAW IN MEMPURA DISTRICT, SIAK SRI INDRAPURA REGENCY." Social Values & Society 4, no. 1 (January 27, 2022): 03–07. http://dx.doi.org/10.26480/svs.01.2022.03.07.
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Customary law is a rule of law that has been passed down from generation to generation in an indigenous community. Like the rule of law in general, customary law also has a dispute resolution mechanism, one of which is the settlement of disputes that occur in the household due to infidelity committed by either husband or wife. The community in Mempura District still respects and implements existing customary law, especially those that regulate problems in the family. Penghulu and traditional leaders also play a role in resolving infidelity cases that occur in the community. However, not all infidelity cases are resolved through customary law. The purpose of this study was to determine the extent to which customary law plays a role in resolving infidelity cases in Mempura District, Siak Sri Indrapura Regency and why not all people are willing to resolve infidelity cases through customary law. The research method used is sociological legal research, which is looking at the implementation of the rule of law in society. Data collection techniques were conducted by interviewing traditional leaders. From the results of the study, it was found that the cheating party was given a traditional fine in the form of one goat and a ceremony was carried out as an effort to reject the reinforcements that would occur in the future. This settlement through customary law has a weakness, namely the decision of traditional leaders does not have binding power, so its implementation is highly dependent on community compliance. The limitation of this research is in the Mempura District, Siak Regency. Research on this matter has never been done before.
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Sibisi, Siyabonga. "The Supreme Court of Appeal and the handing over of the bride in customary marriages." De Jure 54, no. 1 (September 30, 2021): 1–17. http://dx.doi.org/10.17159/2225-7160/2021/v54a22.
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While there is unanimity that the mere payment of ilobolo (or part thereof) does not conclude a customary marriage, recent decisions of the SCA indirectly reverse this. Ilobolo must be accompanied by the integration of the bride into her new family in order to conclude a customary marriage. The integration comprises many events - depending on the ethnic group. These events include the handing over of the bride, ukumekeza (Swati). In Moropane v Southon, the SCA held that the handing over of the bride was an indispensable aspect of the integration of the bride. In Mbungela v Mkabi and Tsambo v Sengadi the SCA backtracked on its earlier decision, arguably without any clear principles. This article argues that these decisions of the SCA on customary marriages create uncertainty regarding the conclusion of customary marriages.
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Krasnov, Sergey. "Countering the abuse of their duties under customary law among the don Cossacks in the second half of the 19th century." OOO "Zhurnal "Voprosy Istorii" 2020, no. 11-1 (November 1, 2020): 100–113. http://dx.doi.org/10.31166/voprosyistorii202011statyi18.
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In this publication the author first conducts a specific historical reconstruction of the different methods and (or) measures the customary law of responsibility, which has always used the Don Cossack community as a reciprocal means and (or) the punishment of offenders, and the use of which allowed members of the Don Cossack communities to delineate the customary law of responsibility for the violation of simple prohibitions, which were established by certain norms of customary law.
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Suprianto, Bibi. "Tradisi Hukum Adat Pati Nyawa Lintas Etnis Melayu Islam dan Dayak Kabupaten Kapuas Hulu." Muslim Heritage 6, no. 2 (December 3, 2021): 257–75. http://dx.doi.org/10.21154/muslimheritage.v6i2.3195.
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AbstractThis Malay customary law contains a set of rules or behavioral norms that have consequences if violated. This illustrates that customary law has big consequences if it is violated and opposed by the community. The implementation of the law is generally reflected in the dispute over the disputed land which ends with a fine, as happened in the customary law of Pati Nyawa Cross Ethnic Malay Islam and Dayak. This paper discusses the customary law tradition of Pati Nyawa Cross Ethnic Kapuas Hulu Regency. This paper aims to determine the purpose of the establishment of the Pati Nyawa customary law across ethnic Malay Islam and Dayak Kapuas Hulu Regency. This research uses descriptive-analytical method. The results of the analysis show that in customary law this symbolizes the symbol of maintaining village peace and community comfort as well as the laws described in various villages through customary law documents. The customary law covering the sub-district is about the customary law of politeness that must be obeyed by local people and immigrants who want to visit the place as well as a chapter on marriage which explains how the marriage process is, the conditions specified in marriage to be able to comply with village customs and regulations local. AbstrakHukum adat Melayu ini memuat seperangkat aturan atau norma berprilaku yang punya konsekuensi apabila dilanggar. Hal ini menggambarkan bahwasanya hukum adat mempunyai konsekuensi yang besar jika dilanggar dan ditentang oleh masyarakat. Pelaksanaan hukum tersebut secara umum tercermin dalam perebutan tanah sengketa yang diakhiri dengan denda sebagaimana yang terjadi pada hukum adat Pati Nyawa Lintas Etnis Melayu Islam dan Dayak. Makalah ini membahas tradisi hukum adat Pati Nyawa Lintas Etnis Kabupaten Kapuas Hulu. Tulisan ini bertujuan mengetahui maksud dibentuknya hukum adat Pati Nyawa Lintas Etnis Melayu Islam dan Dayak Kabupaten Kapuas Hulu. Penelitian ini menggunakan metode deskriptif-analitis. Hasil analisis menunjukkan dalam hukum adat ini melambangkan simbol menjaga ketentraman desa dan kenyamanan bermasyarakat dan juga hukum-hukum yang dijelaskan dalam berbagai desa melalui dokumen-dokumen hukum adat. Hukum adat yang meliputi Kecamatan tersebut tentang hukum adat kesopanan yang harus dipatuhi oleh orang setempat dan orang pendatang yang ingin berkunjung ke tempat tersebut serta bab tentang perkawinan yang menjelaskan tentang bagaimana proses perkawinan, syarat-syarat yang ditentukan dalam perkawinan untuk dapat mematuhi adat dan peraturan desa setempat.
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Wei, Yifan. "An Analytic Review of Brick’s “Political Economy of Customary Organizations in Rural Afghanistan”." International Research in Economics and Finance 6, no. 3 (August 1, 2022): 30. http://dx.doi.org/10.20849/iref.v6i3.1274.
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This paper discusses The Political Economy of Customary Organizations in Rural Afghanistan by Jennifer Brick (2008) (hereafter, “the work”), which tries to ascertain whether public goods can be provided in a failed state and proposes a mechanism that provides social order as a public good. Brick achieves this by studying customary and non-customary organisations in rural Afghanistan and develops a theory to explain when a rural local authority might fulfil the purpose of public provision and governance. This paper demonstrates and analyses Brick’s findings, and proposes one main criticism to Brick’s quantitative research method.
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Sinurat, Natan, Legian Sari, Frisky Agnes Simanjuntak, and Amir Solahudin. "Tinjauan Yuridis Tentang Penyelesaian Sengketa Illegal Logging Yang Dilakukan Oleh Masyarakat Adat Kasepuhan Ciptagelar." Jurnal Indonesia Sosial Sains 4, no. 1 (January 19, 2023): 23–28. http://dx.doi.org/10.36418/jiss.v4i1.766.
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Indigenous peoples are a group of people in an area who have their own wealth and can manage their wealth independently. A traditional forest is a state forest that is in the area of indigenous peoples which is managed and utilized by the indigenous peoples themselves. One example of the existence of indigenous peoples and traditional forests is Kasepuhan Ciptagelar in Sukabumi Regency, West Java. These people already have customary laws that they have used for generations. Among these customary laws, one of them regulates illegal logging activities. According to this customary law, someone who violates customary forest provisions will be given sanctions sequentially, from replanting as many as 1,000 tree seeds, to submitting laws to state law if the customary law given does not create a deterrent effect on the perpetrators.
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Nasution, Liantha Adam. "PEMBENTUKAN PERATURAN ADAT PADA MASYARAKAT MANDAILING NATAL (STUDI KASUS DESA PIDOLO DOLOK)." PERADA 5, no. 1 (June 15, 2022): 1–11. http://dx.doi.org/10.35961/perada.v5i1.513.
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ABSTRAK
Masyarakat Mandailing sangat kental dengan peraturan adat yang melekat di dalam kehidupan masyarakatnya. Begitu juga segala peraturan yang ada di dalam masyarakat tidak terlepas dengan hukum dan norma adat. Tujuan dari penulisan ini adalah untuk mengetahui segala bentuk peraturan adat yang hidup di dalam masyarakat Mandailing, serta cara pembentukan peraturan adat Mandailing, dengan menggunakan Normatif dan Empiris dengan penelitian yang dilakukan di Desa Pidoli Dolok dengan metode pengamatan, survei lapangan dan juga wawancara. Berdasarkan penelitian yang dilakukan diketahui bahwa pembentukan peraturan adat dilakukan oleh raja dengan persetujuan dari mora, kahanggi dan anak boru. Dimana peraturan dibuat untuk memberikan kehidupan yang teratur dalam masyarakatnya terkhusus desa Pidoli Dolok. Pemerintahan adat mempunyai hak prerogatif bagi masyarakat yang mematuhi semua peraturan yang berlaku dalam peraturan adat Mandailing Natal. Selain itu, walaupun seorang raja yang berkuasa di daerah tersebut dan juga sudah menjadi pusat kekuasaan dalam pemerintahan, raja selalu melibatkan hukum positif yang berlaku di dalam masyarakat serta melibatkan pandangan hukum dari para ulama yang berada di daerah tersebut
ABSTRACT
The Mandailing community is very thick with customary regulations inherent in the lives of its people. Likewise, all regulations in society are inseparable from customary laws and norms. The purpose of this paper is to find out all forms of customary regulations that live in the Mandailing community, as well as how to form mandailing customary regulations, by using field research, namely research conducted in Huta Siantar Village and Pidoli Dolok Village by observation methods, field surveys and also interviews. Based on the research conducted it is known that the formation of customary regulations was carried out by the king with the consent of the mora, kahanggi and anak boru. Where rule is debated to provide an orderly life in its community, especially the villages of Huta Siantar and Pidoli Dolok. The customary government has a prerogative right for people who comply with all the regulations applicable in the Mandailing Natal customary regulations.
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Miranti, Aufa, Teuku Muttaqin Mansur, Sulaiman Sulaiman, and Faridah Jalil. "Dispute Resolution Model for Granting Hareuta Peunulang through the Customary Court in Pidie Regency, Aceh Province." Al-Ahkam 32, no. 1 (April 28, 2022): 1–16. http://dx.doi.org/10.21580/ahkam.2022.32.1.10932.
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Hareuta peunulang is a grant of immovable property from parents to their daughters before marriage in Pidie Regency, Aceh Province. Disputes are resolved through customary court, but the settlement that should have been settled at the mukim level was brought to the Mahkamah Shar'iyyah. Therefore, this study aimed to identify the causes of the hareuta peunulang practice disputes and find an effective and efficient model for resolving them through customary courts. Empirical juridical methods were used with data collected data through observation and interviews and analyzed using a qualitative descriptive approach. The results showed that disputes are caused by the lack of deliberation in the hareuta peunulang process. The social plurality of laws makes the dispute resolution model through customary courts ineffective and inefficient. Therefore, the role of the village head (keuchick) and head of mukim (imuem mukim) is needed to educate the community regarding customary justice procedures that should to conducted at the village (gampong) and mukim levels.
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Ozoemena, Rita. "Living customary law : a truly transformative tool?" Constitutional Court Review 6, no. 1 (January 2014): 147–63. http://dx.doi.org/10.2989/ccr.2014.0008.
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Novianti, Lensi Erika, Hamzah Hamzah, and Bambang Hariyadi. "Kearifan Lokal Pengelolaan Hutan Adat oleh Masyarakat Adat Tigo Luhah Kemantan Kabupaten Kerinci." Jurnal Ilmiah Universitas Batanghari Jambi 22, no. 1 (February 19, 2022): 261. http://dx.doi.org/10.33087/jiubj.v22i1.1971.
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This study aims to describe and identify local wisdom in the management of the Tigo Luhah Kemantan Customary Forest (HATLK) from the aspect of forest management elements (planning, organizing, actuating, controlling or POAC). HATLK is one of the customary forests in Kerinci Regency which has very good forest conditions. One of the problems or obstacles in the management of HATLK is the influence of modernization or the entry of a new culture in the HATLK community. The type of data used in this study consisted of primary data and secondary data. Primary data was obtained from qualitative data directly at the research site, through in-depth interviews with informants, then along with observation and documentation of research activities. Secondary data is obtained through books, archives, reports, publications from the government/private sector, census results, journals and others that support primary data. Based on the results obtained by the local wisdom of the Six Villages of Kemantan in the management of HATLK, apart from the cooperation of the community in forming customary forest management, it is also inseparable from the important role of customary institutions, because for the people of Kemantan, customary institutions are the highest institutions that regulate and supervise human interaction. with the environment. These traditional institutions are the Depati, Pemangku, Ninik Mamak/Pateh/Rio, and Hulubalang, which have their respective roles and functions. Characteristics The local wisdom of the indigenous peoples of the Six Kemantan Villages in HATLK Management is manifested in the form of trust, and customary law which contains applicable norms and rules, so that if these norms and rules are violated, they will get sanctions.
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Hariss, Abdul, and Nur Fauziah. "Sistem Penggarap Sawah Secara Gilir Ganti Menurut Hukum Adat Desa Tanjung Mudo Penawar Kecamatan Sitinjau Laut Kabupaten Kerinci." Jurnal Ilmiah Universitas Batanghari Jambi 22, no. 2 (July 26, 2022): 911. http://dx.doi.org/10.33087/jiubj.v22i2.2219.
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The background of this research is the existence of disputes between rice field owners who are still within the scope of their own families. The formulation of the problem in this study is whether the shift-shifting system of cultivating rice fields in Tanjung Mudo Penawar Village, Kerinci Regency is still implemented according to the provisions of customary law and what are the factors that influence the implementation of the shift-change system of cultivating rice fields according to customary law in Tanjung Mudo Penawar Village, Kerinci Regency. This study aims to determine and analyze the implementation of the system of cultivating rice fields in shifts according to the customary law of Tanjung Mudo Penawar Village, Kerinci Regency. The research method used is empirical juridical, which is a legal research method that functions to see in a real sense and examine how the law works in the community. So that this is also the effectiveness that occurs in the field for the implementation of the shifting system of cultivating rice fields in Tanjung Mudo Penawar Village, Kerinci Regency. The results showed 3 cases so that there were 6 respondents in this study. In these 3 cases there is 1 case whose solution is slightly different. This makes the problem more complicated, so it invites the customary head to solve this case. Then 2 more cases were resolved according to the customary law of Tanjug Mudo Penawar Village, Kerinci Regency and could be resolved amicably. The conclusion of this problem has not been implemented in accordance with the customary provisions of Tanjung Mudo Penawar Village. This is due to several factors.
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Takanjanji, Yohanis Hina, Simon Nahak, and Ni Made Jaya Senastri. "The Effectiveness of The Regulation on The Use of Tribal Land in Palakahembi Village, Pandawai District, East Sumba Regency, East Nusa Tenggara Province." Jurnal Hukum Prasada 9, no. 1 (March 14, 2022): 65–72. http://dx.doi.org/10.22225/jhp.9.1.2022.65-72.
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Customary land (tanah ulayat) of a tribe means an inheritance land and the natural resources on and inside it, passed down from generation to generation, and the rights of customary land belong to customary law community. Customary land/customary land rights (hak ulayat) are a joint land, believed to be a gift from supernatural forces or inheritance from ancestors to a group of people, the customary law community, that serves as the main supporting element for the community’s life and livelihood all the time. Based on the background of research, the researchers formulated research questions as follow: How is the regulation on the use of tribal land in Palakahembi Village, Pandawai Subdistrict, East Sumba District, East Nusa Tenggara Province; How is the effectiveness of the regulation on the use of tribal land in Palakahembi Village, Pandawai Subdistrict, East Sumba Regency, East Nusa Tenggara Province. This research aims to provide legal comprehension to society concerning the regulation on the use of tribal land and to study and understand legal issues concerning the regulation on the use of tribal land. This is empirical legal research, which reveals facts (the fact approach). Applying this approach, the researchers observed and collected facts in the field methodically, and these facts are used as supporting materials for the research. This research took place in Palakahembi Village, East Sumba District, East Nusa Tenggara Province. The result of this research shows that there is no clear commensurate border of tribal land (a source of horizontal conflict between tribes), no Regional Regulation of East Sumba District that specifically regulates and use tribal land based on its characteristic, and the region’s local wisdom. The researchers suggested that it is necessary to draw up a Regional Regulation that serves as a stepping stone in the use of tribal land based on the tribe’s local wisdom.
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Ulfa, Rahmatun. "PRAKTIK PERCERAIAN ADAT LOMBOK DI MASA PANDEMI COVID-19 DITINJAU DARI SOSIOLOGI HUKUM." Dinamika Penelitian: Media Komunikasi Penelitian Sosial Keagamaan 21, no. 01 (August 24, 2021): 151–64. http://dx.doi.org/10.21274/dinamika.2021.21.01.151-164.
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This study aims to examine the reality of the practice of customary divorce in Tawun hamlet, Lombok. As well as explaining the forms of customary divorce of the Tawun Hamlet community, in terms of sociological law. This research is a type of field research using a qualitative approach. Primary data and secondary data were collected by means of observation, direct interviews and documentation. To study further, the author uses the theory of the legal system from three elements, namely legal substance, legal structure, and legal culture. The results showed that the occurrence of customary divorce in Tawun Hamlet is a common thing and is not legally disputed by the court. Government officials from elements of village heads, hamlet heads and marriage registrar officers who contribute to customary divorce who participate in administering administrative services, clearly contradict the laws and regulations regarding marriage itself. In addition, people's understanding of divorce continues to be dominated by classical Islamic law and is textual, patriarchal, making the position of women not seen as important because divorce is understood only as a male right.
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Suhartini, Suhartini, and Achmad Surya. "The Role of the Sarak Opat in Resolving Minor Crimes." Jurnal Media Hukum 29, no. 2 (December 29, 2022): 146–59. http://dx.doi.org/10.18196/jmh.v29i2.14471.
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The Sarak Opat as one of the customary institutions in Aceh have been authorized to settle disputes of minor cases at the village level in Central Aceh, Aceh, Indonesia. This is guaranteed by the applicable laws and regulations. However, the practice of resolving minor cases is currently delegated to the judiciary. Therefore, this study was a legal empirical or sociological research to analyze primary and secondary data in Central Aceh Regency. Data collection method employed were direct interviews with selected informants, and the collected data were processed in qualitative analysis method. The results showed that the role of the Sarak Opat customary institution in resolving minor cases in the Gayo community in Central Aceh has a strong legal basis as mandated by various national and regional legal policies. Subsequently, the customary institution has two considerations in delegating minor criminal cases to the judiciary. First, the litigants are dissatisfied with the sanctions decided by Sarak Opat. Second, the officials of Sarak Opat lack understanding of their authority as a customary justice institution.
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Dasrol, Dasrol. "OPTIMIZATION OF BHABINKAMTIMAS IN PROBLEM SOLVING EFFORTS BY ADAT LAW IN KABUPATEN PELALAWAN." Melayunesia Law 5, no. 1 (October 8, 2021): 1. http://dx.doi.org/10.30652/ml.v5i1.7781.
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Abstract One of the regions in Riau province that still implements Problem Solving according to customary law in solving cases is the Polsek Polsek in Pelalawan Regency, which involves the role of traditional and community leaders, especially Bhabinkamtibmas as a mediator. The purpose of this research is focused with the aim of knowing the role of Bhabinkamtimas in every Polsek in Pelalawan Regency as Problem Solving Cases in Customary Law where Problem Solving involves local customary community leaders. The results of this study are expected to provide solutions for law enforcement officials in overcoming the large pile of cases that cannot be resolved by the criminal justice sub-system and the problem of overcapacity of correctional institutions throughout Indonesia.
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Lee, Damien. "Adoption is (not) a Dirty Word: Towards an Adoption-centric Theory of Anishinaabeg Citizenship." First Peoples Child & Family Review 10, no. 1 (May 12, 2021): 86–98. http://dx.doi.org/10.7202/1077184ar.
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This paper argues that the resurgence of Indigenous peoples’ citizenship orders can be informed in part by tenets of Indigenous customary adoption. The paper considers registration as an Indian under Canada’s Indian Act as having conflated being “Indian” with a Eurocentric property-holder identity, which First Nations now internalize through band membership practices. As such, I argue that adoptees and customary adoption are seen as suspect because they challenge the blood- and property-based conceptions of what it means to be “Indian.” Anishinaabeg customary adoption is taken up here in an analytical approach to re-thinking how citizenship could be discerned in anti-colonial ways; specifically, I consider “caring for others” and the concept of “controlling our associations” in developing an adoption-centric theory of Anishinaabeg citizenship.
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Sri Walny Rahayu, Teuku Ahmad Yani, and Azhari Yahya. "PREVENTING CHILD TRAFFICKING BY CUSTOMARY INSTITUTIONS AND LOCAL WISDOM IN ACEH PROVINCE, INDONESIA." IIUM Law Journal 29, (S2) (November 3, 2021): 143–65. http://dx.doi.org/10.31436/iiumlj.v29i(s2).683.
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This paper aims to explain the causes of child trafficking in Indonesia and the efforts made by the Customary Institutions in preventing Child Trafficking in line with local wisdom values. This paper adopts normative juridical research by using the data collected through library research on regulations for child trafficking. The approach used is the historical approach and the conceptual approach. The role of Customary Institutions in Aceh and community involvement to prevent acts of violence and child exploitation is provided in the local law. The position and function of the Aceh Customary Institutions are dominant and can be used as a model of prevention of trafficking in children. Local wisdom is traceable in society despite some of these basic values are fading due to globalization and consumerism.
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Hidayat, D. C., Surati, Sylviani, N. Sakuntaladewi, K. Ariawan, and S. Ekawati. "Customary Forest Utilization: The Determinants of Indigenous (Adat) Community’s Economic Welfare." IOP Conference Series: Earth and Environmental Science 940, no. 1 (December 1, 2021): 012094. http://dx.doi.org/10.1088/1755-1315/940/1/012094.
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Abstract Customary forest utilization to improve the indigenous (adat) community welfare must be in line with local wisdom and preserving ecological function, even though they are no longer part of the state forest. In term of sustainable customary forest management, knowledge related to customary forest utilization and community welfare is getting significant to be study object. The paper aims to identify and analyse the determinants of indigenous community’s income. It was conducted in indigenous community of Kasepuhan Karang, Banten in 2018. Data collection was taken by purposive sampling, processed by ordinal logistic correlation and descriptive analysis. The results show the indigenous community has high level of dependence on the forest through on and off farm. From the respondents, the average income from forest use is below the regional minimum wage. While from the partial test results, it is concluded the land owned area and the livelihood type have a significant positive effect on the income level. Therefore, land distribution should be well managed due to conservation issue and livelihoods diversification to increase income level. Nonetheless, formal education level undetermined on income level. Informal education, capacity building of the community regarding to sustainable customary forest management needs to be organized.
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Marthin, Marthin, Wiwin Dwi Ratna, Yasser Arafat, and Afdhal . "LEGAL ADMISSION OF LEGAL SOCIETY CONDUCTING THE NATIONAL PARK OF KAYAN MENTARANG (TNKM)." JURNAL AKTA YUDISIA 4, no. 2 (January 14, 2020): 145–69. http://dx.doi.org/10.35334/ay.v4i2.1197.
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ABSTRACT The Kayan Mentarang National Park (KNPM) area located in the Heart of Borneo (HoB) in North Kalimantan lives various Dayak sub-tribes. They inhabit and keep the forest so that the forest remains safe and sustainable. Indigenous and tribal peoples who have customary forest areas in which their status of appointment as KMNP initially may receive, so that the process can continue in the inaugural process. But with the development of information and circumstances the situation was changed and now the indigenous people reject the pegat which will be doneThe legal issues that serve as the purpose of this paper are: the recognition of traditional rights of indigenous and tribal communities and the recognition of local wisdom in the management of Kayan Mentarang National Park. Using the normative juridical and customary law approaches that this method is expected to address the issue of law.The dynamics of the development of society and law can change the legal status of both government and customary law community to a legal fact. Forests as natural resources and the environment are constitutionally the government's obligation to regulate them. Inauguration of customary forest as a national park brings legal consequences to rights and obligations. Implementation of laws and regulations is limited by Human Rights. It is necessary to harmonize the law, so that both the interests of indigenous and tribal peoples, as the inhabitants as well as the natural resources, the environment, and the biodiversity as the interests of mankind are not mutually harmful. Keywords: Customary Law Community, Traditional Rights, National Park
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Muhtar, Muhtar, Nur Hidayat Sardini, Fitriyah Fitriyah, and Wahab Tuanaya. "PROBLEMATIKA EKSISTENSI KEPEMIMPINAN PEMERINTAHAN ADAT DI MALUKU." GOVERNABILITAS (Jurnal Ilmu Pemerintahan Semesta) 3, no. 2 (December 30, 2022): 149–67. http://dx.doi.org/10.47431/governabilitas.v3i2.220.
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The existence of traditional village government eroded during the New Order era with the implementation of Law No. 5 of 1979 which made village administration uniform throughout Indonesia including Maluku Province. In the reform era and after that, there was a shift in power from centralization to decentralization in the form of changes in regulations until the issuance of Law Number 6 of 2014 concerning Villages. The issuance of the Village Law has implications for the government's recognition and respect for the rights of traditional communities. However, this later became an obstacle to the birth of a definitive government in traditional villages/traditional villages in Maluku because it was related to the leadership problem of traditional village or customary land administration. The problem is related to the matarumah parentah or clan who has the right to lead the customary land as a King who is appointed through customary deliberations by the Negeri Saniri Institution. This problem is still a serious problem because it often creates horizontal conflicts. By using a qualitative-descriptive research method to answer how problematic the existence of traditional government leadership in Maluku Province is, the research results contain a number of findings. First, Matarumah Parentah is a symbiosis of customary inheritance. Second, there is a conflict of interest in the election and determination of the definitive head of government (king). Third, musyawarah negeri saniri becomes an arena of conflict of interest. Fourth, the existence of customary government can still be found in several places in Maluku, such as Buru District and the Kei Islands.
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Rafianti, Fitri, Arik Dwijayanto, and Azharuddin Mohd Dali. "The Dialectics of Islamic Law and Customary Law on Marriage Concept of Javanese Muslim in Malaysia." Justicia Islamica 18, no. 2 (November 19, 2021): 298–317. http://dx.doi.org/10.21154/justicia.v18i2.3126.
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In Malaysia, customary law, especially marriage, should follow Islamic laws. Customary law should not conflict with Islamic law. On the contrary, the Muslim community of Javanese descent in Malaysia can combine customary and Islamic laws balanced. They maintain Javanese marriage traditions by harmonizing Malay customs and Islamic marriage laws, such as rewang (helping each other), slametan (praying together), tunangan (engagement), ijaban (wedding), and nyumbang (donating). To contribute to previous studies, this article aims to critically examine the dialectic between customary and Islamic laws regarding the marriage tradition of the Javanese Muslim community in Selangor and Johor, Malaysia. The analysis results show that the dialectic of customary and Islamic laws concerning the concept of marriage for the Javanese Muslim community in Malaysia encourages negotiations so that customs in harmony with the Islamic law can be maintained, and conflicting traditions can be abandoned. The dialectic between customary and Islamic laws in the marriages of Javanese Muslim communities in Malaysia is closely related to social, economic, and traditional symbols of carrying out religious teachings, strengthening solidarity, and preserving tradition.Di Malaysia, keberadaan hukum adat harus mengikuti hukum Islam khususnya dalam tradisi perkawinan sehingga hukum adat tidak boleh bertentangan dengan hukum Islam. Berbeda dengan masyarakat Muslim Keturunan Jawa di Malaysia yang mampu memadukan hukum adat dan hukum Islam secara seimbang. Mereka mempertahankan tradisi perkawinan Jawa dengan memadukan adat Melayu dan hukum perkawinan Islam seperti rewang, slametan, tunangan, ijaban, dan nyumbang. Untuk berkontribusi pada kajian terdahulu, artikel ini bertujuan untuk mengkaji secara kritis dialektika antara hukum adat dan hukum Islam dalam tradisi perkawinan masyarakat Muslim Keturunan Jawa di Selangor dan Johor, Malaysia. Kajian dalam artikel ini menunjukkan bahwa dialektika hukum adat dan hukum Islam dalam konsep perkawinan masyarakat Muslim Keturunan Jawa di Malaysia mendorong terjadinya negosiasi sehingga adat yang selaras dengan hukum Islam tetap dipertahankan dan tradisi yang bertentangan ditinggalkan. Dialektika antara hukum adat dan hukum Islam dalam perkawinan masyarakat Muslim Keturunan Jawa di Malaysia sangat terkait erat dengan simbol sosial, ekonomi dan tradisi sebagai bagian dari menjalankan ajaran agama, memperkuat solidaritas dan melestarikan adat
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Medikov, V. Ia. "The Customary and the Unapparent in Capacity Utilization." Problems in Economics 28, no. 10 (February 1986): 79–90. http://dx.doi.org/10.2753/pet1061-1991281079.
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Leo, S., J. Supriatna, and K. Mizuno. "A Description of Dayak Iban’s Traditional Knowledge on Customary Forest Management in West Kalimantan, Indonesia." IOP Conference Series: Earth and Environmental Science 940, no. 1 (December 1, 2021): 012074. http://dx.doi.org/10.1088/1755-1315/940/1/012074.
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Abstract Deforestation and land tenure conflict are two of the biggest threats happening in Borneo and Kalimantan. Dayak Iban has been affected by the negative impacts of these threats, considering they are forest dwellers dependent on forest resources as their primary living resources. This study is aimed to describe the traditional knowledge and customary law of the Iban people on managing their customary forest and its resources sustainably. This study was carried out in Sungai Utik Hamlet, where a small Iban community inhabits the Kapuas Hulu Regency with diverse ecosystems and forest resources. This study has applied an inductive approach and in-depth interviews to obtain information from three informants and the results were described qualitatively. The Iban community in Sungai Utik is demonstrated to have customary laws on managing customary forests and practicing swidden cultivation to meet their food needs. The community has a way to pass the traditional knowledge to the next generations through traditional schools. Through preserving traditional knowledge, the Iban community proved to be able to survive and adapt in this modern era. The implementation and integration of traditional and modern forest management would protect the forest from threats and improve the community’s well-being significantly.
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Pratama, Sopyan Pratama, and Nyoman Ayu Wulan Trisna Dewi. "Analisis Efektivitas Sistem Pengendalian Internal Melalui Sanksi Adat dalam Upaya Mengatasi Kredit Bermasalah pada Bumdes Merta Nadi di Desa Bayung Cerik." Jurnal Akuntansi Profesi 12, no. 2 (December 1, 2021): 273. http://dx.doi.org/10.23887/jap.v12i2.35556.
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This study aims to determine (1) the causes of non-performing loans in BUMDes Merta Nadi in Bayung Cerik Village, (2) strategies and efforts in overcoming non-performing loans at BUMDes Merta Nadi in Bayung Cerik Village, (3) the effectiveness of applying customary sanctions in overcoming the occurrence of non-performing loans on BUMDes Merta Nadi in Bayung Cerik Village. This study uses research methods with a qualitative approach and the type of case study research. Data were collected by means of observation, interviews, and documentation studies. Data analysis techniques in this study include data collection, data reduction, data presentation, conclusions and verification. The results of this study indicate that (1) the causes of non-performing loans in BUMDes Merta Nadi are caused by debtors or external factors, the strategies and efforts made by BUMDes Merta Nadi in overcoming non-performing loans are the strategy of providing credit based on the 5C principle and its efforts by applying customary sanctions as well as administrative sanctions, (3) the application of customary sanctions on BUMDes Merta Nadi is quite effective, because it is able to grow debtor's shame and awareness to pay off arrears, and try to pay off arrears on credit.Keywords: Effectiveness, Internal Control System, Customary Sanctions, Non-performing Loans
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Murtazashvili, Jennifer Brick. "Bad Medicine." Central Asian Affairs 2, no. 1 (December 17, 2015): 10–34. http://dx.doi.org/10.1163/22142290-00201002.
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By all accounts, the post-2001 state-building effort in Afghanistan failed to deliver on its promise. Rather than blame politicians, insurgency, or obdurate customary authority, this article suggests the constitutional principles upon which the state was constructed ultimately undermined the state itself. In an attempt to address the enormous human suffering in Afghanistan, the 2004 Constitution proclaimed a vast array of positive rights to be implemented by an extremely centralized state apparatus. Yet this vision, in which individuals should look to the state as a source of individual and community well-being, is dramatically out of step with a reality in which individuals neither trusts the centralized state, nor relies on it for many public goods. For many Afghans, the notion of well-being is tied to independence from the state. An alternative state-building vision, one that appreciates a constitutional order stressing negative rights and recognizes the virtues of self-governance, would have resonated much more deeply with a society that has been served by chronically weak governments. This article uses evidence from an original nationally-representative survey and field interviews to illustrate the disjuncture between a self-governing society in which individuals strive for limited government and a state-building ‘antidote’ that offers up a very different medicine. The essay concludes by explaining why a more limited and politically bounded state-building approach, especially in rural areas, may be an important alternative to promote citizen well-being.