scholarly journals Management Fisheries Resources Based on Customary Law as an Effort to Maintain River Sustainability in Lubuk Siam Village, Kampar, Indonesia

2021 ◽  
Vol 934 (1) ◽  
pp. 012045
Author(s):  
H Ismi ◽  
U Hasanah ◽  
S Sukma
Keyword(s):  
Natural Resources ◽  
Qualitative Methods ◽  
Indigenous Peoples ◽  
Lake Management ◽  
Customary Law ◽  
Rational Approach ◽  
Youth Leaders ◽  
Fishery Resources ◽  
Fisheries Resources ◽  
Village Government

Abstract Natural resources are the largest contributor to state revenues. The management of fishery resources must be utilized for the welfare of the community, so that in its implementation must involve all parties including indigenous peoples. The involvement of people, especially indigenous peoples in the management of natural resources, becomes important as an effort to preserve indigenous values in the management of fishery resources. This research aimed to find out; (1) Management of fisheries resources by indigenous peoples in Lubuk Siam village; (2) The concept of sustainability in the management of fishery resources by indigenous peoples in Lubuk Siam village. This research uses qualitative research methods with a rationalistic approach. Use qualitative methods and implementation of qualitative methods. Although the rational approach emphasizes the process of analyzing and researching problems, it searches for data from the main source (such as face-to-face interviews). The respondents in this study were the Head of Lubuk Siam Village, Ninik Mamak Adat Suku Melayu, Community and Youth Leaders, and related Village Institutions. The existence of the community with its customary law is an important social capital to maintain the balance of natural resources, especially in the field of fisheries through local wisdom that maintained from generation to generation. This becomes important to avoid patterns of massive and excessive exploitation. The results show that; (1) The management of fishery resources by indigenous peoples in Lubuk Siam Village is based on the value of local wisdom under the coordination of Ninik Mamak and the Village Government which includes lubuk management, river management, and lake management. (2) The concept of sustainability in the management of fishery resources by indigenous peoples in Lubuk Siam Village is reflected in customary orders and prohibitions and customary sanctions agreed as part of maintaining the sustainability of fishery resources.

scholarly journals Legal Development of Coastal Marine Management Based on the Idea of Pancasila

2018 ◽  
Vol 4 (1) ◽  
pp. 113
Author(s):  
Jantje Tjiptabudy
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Marine Management ◽  
Positive Law ◽  
Coastal Marine ◽  
The Republic ◽  
The Government ◽  
Marine Areas

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.

scholarly journals Recognition and Legal Protection of Customary Law Society over Land

2020 ◽  
Vol 1 (1) ◽  
pp. 199-222
Author(s):  
Rosnidar Sembiring ◽  
Journal Manager APHA
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Legal Protection ◽  
Customary Law ◽  
Identification Approach ◽  
Laws And Regulations

This paper aims at determining the recognition and legal protection of indigenous and tribal peoples on land and natural resources in the perspective of legislation. It uses normative research with literature identification approach, legislation such as Law Number 5 of 1960 on the Basic Regulations of Agrarian Principles (BRAP), and other laws and relevant regulations to this research. The data collected from primary, secondary and tertiary legal materials are analyzed qualitatively, systematically arranged and presented descriptively. Basically the recognition and legal protection of indigenous and tribal peoples has been determined in Article 3 of the BRAP and Article 18 B paragraph (1) of the 1945 Constitution and other sect oral laws and regulations, it is just that there is no synchronization or harmonization between various sectoral laws and regulations governing the recognition and protection of the rights of indigenous peoples.

scholarly journals Reinforcement of the Papuan Traditional Communal Rights for the Control of Land and Natural Resources

2021 ◽  
pp. 17-23
Author(s):  
Alwiyah Sakti Ramdhon Syah Rakia ◽  
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Research Method ◽  
Land Ownership ◽  
Customary Law ◽  
Legal Research ◽  
Legal Norms ◽  
Long Time ◽  
Customary Rights ◽  
Research Type

The ulayat rights of Papuan customary law communities over control of land and natural resources are rights granted by laws and regulations with a number of special powers. This study aims to analyze and provide a conception of strengthening the customary rights of the Papuan customary law community to control over land and natural resources. This research method uses a normative-juridical legal research type, which refers to the legal norms of legislation (statute approach), as well as legal theories and principles as supporters. This research is descriptiveanalytical, using qualitative analysis methods. The results of this study indicate that although the regulation of the customary rights of the Papuan customary law community has been in place for a long time, there are some basic things that need to be considered. Several regulations in the Perdasus do not represent the Papua Special Autonomy Law and tend to be contradictory. These provisions raise a number of problems for the Papuan indigenous peoples with regard to land ownership and the use of natural resources.

scholarly journals Reinforcement of the Papuan traditional communal rights for the Control of Land and Natural Resources

2021 ◽  
Author(s):  
A. Sakti Ramdhon Syah R.
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Research Method ◽  
Customary Law ◽  
Legal Research ◽  
Legal Norms ◽  
Long Time ◽  
Customary Rights ◽  
Business Entities ◽  
Ownership Rights

The Papuan traditional communal rights for the Control of Land and Natural Resources, are rights granted by legislation with a number of special authorities. This study aims to analyze and provide a conception about Reinforcement of the Papuan traditional communal rights for the Control of Land and Natural Resources. This research method uses the type of normative-juridical legal research, which refers to the legal norms of statutory approach, as well as legal theories and principles as supporters. This research is descriptive-analytical, using qualitative analysis methods. The results of this study indicate that although the regulation of the customary rights of customary law communities in Papua has been enforced for a long time, but there are some fundamental things that need attention. First, there is no enforceable ownership rights over the land by the customary law community or Papuan individual indigenous people to land that has been owned by other individuals or legal entities, since the enactment of Perdasus. Second, the utilization of natural resources together must use business entities, without considering the skills of indigenous peoples in general are relatively low in relation to the format of business entities. Third, the lack of attention to the development of human resources in the utilization of natural resources.

scholarly journals NATIVE COURT IN KUDAT AND MATUNGGONG, SABAH: CHALLENGES TO ITS GOVERNANCE AND STRUCTURAL ECOSYSTEM

2021 ◽  
Vol 6 (25) ◽  
pp. 94-113
Author(s):  
Rosazman Hussin ◽  
Johan Johnes ◽  
Jabil Mapjabil ◽  
Jeannet Stephen ◽  
Jurry Foo @ Jurry F. Michael ◽  
...  
Keyword(s):  
Decision Making ◽  
Qualitative Methods ◽  
Indigenous Peoples ◽  
The State ◽  
Customary Law ◽  
Organisational Structure ◽  
Legal Institution ◽  
Discussion Section ◽  
Civil Court ◽  
Depth Interviews

The Sabah Native Court is a legal institution created specifically to address the application of customary law among the ethnics or indigenous peoples of Sabah. Sabah Native Court is a legal institution established by a special act known as the Native Courts Enactment 1992 amendment 1995. The purpose of this study was to identify the challenges to the governance and structural ecosystem of native courts in selected districts, specifically Kudat District and Matunggong Sub-district. This study uses qualitative methods through in-depth interviews with district heads in these two native court. Among the study's interesting findings is the hierarchy of the organisational structure of the native court institution found in both study locations, which has differences in the number of staff appointments either at the decision-making level for district head or among native court implementers such as native chiefs and deputy native chiefs. Furthermore, the two study locations have different day-to-day governance and assignment for every entity within the native court. Questions about the benefits and drawbacks of challenges to both governance and the structural ecosystem of the native courts in both study locations were also addressed in the discussion section. Due to its importance in monitoring these challenges, this study will examine how well the native courts can resolve the concerns of each ethnic in the state compared to other judicial institutions such as the Syariah Court and Civil Court.

scholarly journals PENGAKUAN MASYARAKAT HUKUM ADAT DAN PERLINDUNGAN WILAYAH ADAT DI KABUPATEN REJANG LEBONG

2020 ◽  
Vol 4 (2) ◽  
pp. 313
Author(s):  
JT Pareke ◽  
Fahmi Arisandi
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Secondary Data ◽  
Customary Law ◽  
Legal Research ◽  
Social Unit ◽  
Legal Subject ◽  
Indigenous Territories

ABSTRAKPemerintah Daerah Kabupaten Rejang Lebong telah menerbitkan Peraturan Daerah No. 5 Tahun 2018 tentang Pengakuan dan Perlindungan Masyarakat Hukum Adat di Kabupaten Rejang Lebong. Penelitian ini dilakukan untuk mendeskripsikan siapa unit sosial yang diakui dan apa fungsi peraturan dearah tersebut bagi perlindungan wilayah adat. Penelitian ini menggunakan metode pendekatan yuridis normatif, yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan kepustakaan atau data sekunder. Hasil penelitian ini menunjukkan kesimpulan bahwa: Pertama: Kutei adalah unit sosial asli yang diakui dalam Peraturan Daerah No. 5 Tahun 2018 tentang Pengakuan dan Perlindungan Masyarakat Hukum Adat di Kabupaten Rejang Lebong, pengakuan tersebut adalah pengakuan kutei sebagai subyek hukum dan dapat dibebani hak dan kewajiban. Kedua: Peraturan daerah tersebut berfungsi juga untuk melindungi wilayah adat mereka karena menyebutkan kewajiban dari masyarakat hukum adat untuk menjaga kelestarian lingkungan hidup dan sumber daya alam secara berkelanjutan sebagaimana telah diatur dalam hukum adat rejang.Kata kunci: masyarakat hukum adat; pengakuan; perlindungan.ABSTRACTRejang Lebong Regency Government has issued Regional Regulation No. 5 of 2018 concerning Recognition and Protection of Customary Law Communities in Rejang Lebong Regency. This research was conducted to describe who the recognized social unit is and what is the function of the regional regulation for the protection of indigenous territories. This study uses a normative juridical approach, which is legal research conducted by examining literature or secondary data. The results of this study indicate the conclusion that: First: Kutei is an original social unit that is recognized in Regional Regulation No. 5 of 2018 concerning Recognition and Protection of Customary Law Communities in Rejang Lebong Regency, the recognition is recognition of kutei as a legal subject and can be burdened with rights and obligations. Second: The regional regulation also functions to protect their customary territories because it states the obligations of indigenous and tribal peoples to preserve the environment and natural resources in a sustainable manner as stipulated in the customary law of the rejang.Keywords: indigenous peoples; recognition; protection.

scholarly journals DINAMIKA KEBIJAKAN PENGELOLAAN DAN KEWIBAWAAN KELEMBAGAAN ADAT (Studi Kasus Pada Masyarakat Adat Liya di Wakatobi Sulawesi Tenggara)

2018 ◽  
Vol 7 (1) ◽  
pp. 1
Author(s):  
Nendah Kurniasari ◽  
Andrian Ramadhan ◽  
Lindawati Lindawati
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Secondary Data ◽  
Primary Data ◽  
Marine Resources ◽  
Fisheries Resources ◽  
Traditional Institutions ◽  
The Government

Pasang surut kewenangan lembaga adat dalam pengelolaan sumberdaya kelautan dan perikanan di Wakatobi, turut berpengaruh terhadap kondisi sumberdaya alam tersebut. Penelitian ini bertujuan untuk menggambarkan bagaimana peran kelembagaan adat dalam pengelolaan sumberdaya kelautan dan perikanan. Penelitian pada masyarakat adat liya di Kabupaten Wakatobi pada Tahun 2015 dengan menggunakan metode kualitatif yang mengandalkan data sekunder dan data primer dari berbagai informan kunci.Hasil penelitian menunjukkan bahwa kelembagaan adat di wakatobi meskipun eksistensinya sudah menurun namun kewibawaannya relatif masih kuat sehingga berpotensi sebagai lembaga yang efektif untuk mengatur perilaku masyarakat dalam memanfaatkan sumberdaya kelautan dan perikanan secara arif. Hal ini berpengaruh terhadap keberlanjutan nilai sosial dari sumberdaya. Oleh karenanya, revitalisasi lembaga adat merupakan langkah yang harus segera dilaksanakan oleh pemerintah guna menjaga sumberdaya kelautanan dan perikanan secara berkelanjutan.Title: Exoticism of Wakatobi and institutional initiative Citizen using Case study on Indigenous peoples in Wakatobi Sulawesi TenggaraThe dynamics of the authority of traditional institutions in the management of marine resources and fisheries in the Wakatobi, also affect the condition of the natural resources. This study aims to describe how the role of traditional institutions in the management of marine resources and fisheries. The study was conducted in Wanci and Kaledupa in 2015 using qualitative methods that rely on secondary data and primary data from a variety of key informants. The results showed that the traditional institutions in wakatobi although its existence has been declining but still relatively strong authority, thereby potentially as effective institutions to regulate people's behavior in the use of marine and fishery resources wisely. Therefore, the revitalization of traditional institutions is a step that should be undertaken by the government to safeguard marine and fisheries resources in a sustainable manner.

scholarly journals Peran Aktif Masyarakat Hukum Adat Dalam Pembangunan Ekonomi

SASI ◽  
2019 ◽  
Vol 24 (2) ◽  
pp. 101
Author(s):  
Jenni Kristiana Matuankotta
Keyword(s):  
Economic Development ◽  
Human Resources ◽  
Natural Resources ◽  
Indigenous Peoples ◽  
Local Knowledge ◽  
Active Role ◽  
Customary Law ◽  
Considerable Potential

The active role of the customary law community in the process of economic development is very large supported by abundant natural wealth spread across the archipelago. This considerable potential will be better and can be supported by reliable human resources. Customary law communities can be included to participate in economic development. Empowerment of indigenous peoples with their local knowledge through economic development based on local wisdom can provide support, use and management of natural resources while maintaining the strength of their customary law, their spiritual abilities and the beliefs they embrace.

scholarly journals PERLINDUNGAN MASYARAKAT HUKUM ADAT DI WILAYAH PESISIR PASCA BERLAKUNYA UU NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

2021 ◽  
pp. 52-73
Author(s):  
Mohammad Zamroni ◽  
Rachman Maulana Kafrawi
Keyword(s):  
Natural Resources ◽  
Indigenous Peoples ◽  
Job Creation ◽  
Coastal Areas ◽  
Customary Law ◽  
Small Island ◽  
Small Islands ◽  
Indigenous Law ◽  
The People ◽  
The Republic

Indonesia as an archipelagic country consisting of large and small islands separated by the ocean with geographical conditions has a total area of ​​7,827,087 Km2 and is located in Equatorial emeralds have a wealth of abundant natural resources, especially in the sea ​​and coastal areas which cover of the territory of Indonesia (5.8 million Km2). Article 18 B paragraph (2) and Article 28 I paragraph (3) of the 1945 Constitution of the Republic of Indonesia as the constitutional basis for recognition and protection the rights of indigenous peoples in coastal areas and small islands. Resource wealth nature in the form of coastal areas and small islands controlled and managed by the state tothe greatest prosperity of the people. State recognition of the existence of the legal community customs related to natural resources are inconsistent. The formulation of the problem from this research is (1) The legal construction of the Job Creation Law on the protection of customary law communities in the territory coast. (2) Implications of the Job Creation Law on the protection of customary law communities in the region coast. The research method in this writing is normative juridical. In summary, the result of In this research, the desired law is a law that provides protection against community members including customary law communities in coastal areas and islands small island, then an impartial legal instrument in the recognition of existence Indigenous Law Communities, for example in the Job Creation Law, which has not been in favor of Protection of Indigenous Peoples in Coastal Areas and Small Islands.

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