scholarly journals PENCEGAHAN PERUSAKAN HUTAN BERBASIS MASYARAKAT ADAT DALIHAN NA TOLU DI TAPANULI SELATAN

2019 ◽  
Vol 48 (1) ◽  
pp. 1
Author(s):  
Anwar Sadat Harahap ◽  
Ahmad Laut Hasibuan
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Forest Degradation ◽  
Customary Law

There are indigenous peoples who have their own traditional value in passing the prevention of forest destruction. Before the establishment of legislation on Preventing Forest Destruction in Indonesia, the indigenous people of Dalihan na Tolu have their own rules in preventing forest destruction. The customary law of Dalihan na Tolu has governed: the model of settlement of forest degradation disputes, the universal rules of indigenous peoples of Dalihan na Tolu on the prevention of forest destruction, the form of sanctions imposed on forest destruction parties, and the form of oversight in the implementation of the prevention of forest destruction.

scholarly journals Protecting expressions of Folklore within the Right to Culture in Africa

2017 ◽  
Vol 13 (4) ◽  
pp. 48
Author(s):  
Enyinna Sodienye Nwauche
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Cultural Rights ◽  
Substantive Content ◽  
Human Rights Regime ◽  
United Nations Declaration ◽  
The Right

This paper explores the protection of expressions of folklore within the right to culture in Africa by considering three issues, which are the increased understanding of the right to culture in national constitutions and the recognition that customary law is a manifestation of the right to culture; an expanded understanding of the substantive content of the article 15(1) of the International Covenant for Economic, Social and Cultural Rights as part of the right to culture; and the recognition of the rights of indigenous peoples marked significantly by the 2007 United Nations Declaration of the Rights of Indigenous People. The paper demonstrates how a human rights regime may assist in overcoming some of the deficiencies in the national protection of expressions of folklore in Africa.

scholarly journals Penetapan Wilayah Adat dan Masyarakat Hukum Adat Desa Penyengat Kecamatan Sungai Apit Kabupaten Siak

2020 ◽  
Vol 19 (2) ◽  
pp. 12-28
Author(s):  
Wahyu Damon Prakoso
Keyword(s):  
Data Collection ◽  
Literature Review ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Secondary Data ◽  
Customary Law ◽  
Primary Data ◽  
Data Source ◽  
Customary Land

The problem that occurs is how the indigenous people of swamps interpret the lack of management territory, the loss of livelihood resources and organize themselves to seize opportunities for management rights. The problem of customary land and indigenous peoples above, the researchers felt the need to study more deeply on the Determination of Indigenous Areas and Customary Law Communities in Penyengat Village, Sungai Apit Subdistrict, Siak Regency, Based on the Minister of Home Affairs Regulation No. 52 of 2014 concerning Guidelines for the Recognition and Protection of Indigenous Peoples. This type of research is sociological, so the data source used is primary data from interviews, secondary data from libraries and tertiary data from dictionaries, media, and encyclopedias. Data collection techniques are done by observation, interviews, and literature review.

scholarly journals STRENGTHENING THE POSITION OF INDIGENOUS PEOPLE IN THE MANAGEMENT OF THE FOREST BY SUBSQUENT OF THE CONSTITUTIONAL COURT DECISION OF REPUBLIK INDONESIA NO.35/PUU-X/2012 TO SUPPORT OF REDD+ INDONESIA

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
Anti Mayastuti
Keyword(s):  
Indigenous People ◽  
Local Community ◽  
Forest Degradation ◽  
Land Ownership ◽  
Forest Resources ◽  
Customary Law ◽  
Access To Justice ◽  
Constitutional Court ◽  
Reduce Emissions ◽  
The Government

<p><em>The problems of disputes over land ownership of forest between the government (in this case is the state) and the community, has been occured tens of years ago, but the increase was higher along with just an era of reform. A possession of forest resources has been dominated by large employers with the strength of their capital, while the local community (in this case of indigenous people) who rely on forest resources for generations before this country stood, their fate was even more marginalized. In fact, the existence of indigenous people with local wisdom value, plays an important role in forest management, as recognized in Act No.41 of 1999 about Forestry. </em><em>Inequality of distribution of forest resources this mastery was seen as a base for real social conflict happens in the life of the community law. Furthermore it was published constitutional court’s verdict of RI No.35/PUU-X/2012 to provid e access to justice for indigenous people over the mastery of the forest. This recognition is strengthened by the existence of a REDD + Program aims to reduce emissions from deforestation and forest degradation that requires the existence of a customary law society active participation through the empowerment of local wisdom values.</em></p>

scholarly journals Recognition of Customary Law and Institutions and Community Protocols of Indigenous People in Domestic ABS Legislation or Policies in Accordance with the Provisions of Nagoya Protocol

2018 ◽  
Vol 5 (2) ◽  
pp. 67-82
Author(s):  
Hasrat Arjjumend
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Sustainable Use ◽  
Indigenous Communities ◽  
Local Communities ◽  
Customary Law ◽  
Benefit Sharing ◽  
Access And Benefit Sharing ◽  
Nagoya Protocol ◽  
Customary Laws

The Nagoya Protocol on Access and Benefit Sharing (ABS) provides for the rights of Indigenous people and local communities in accordance with United Nations Declaration of Rights of Indigenous People. The Parties are obliged to take legislative, administrative and technical measures to recognize, respect and support/ensure the customary laws & institutions and community protocols of Indigenous peoples and local communities (ILCs). Within the ambit of contemporary debates encompassing Indigenous peoples’ right to self-determination, this paper examines the effectiveness of international law (i.e. Nagoya Protocol) to influence existing or evolving domestic laws, policies or administrative measures of Parties on access and benefit sharing. Through opinion surveys of Indigenous organizations and national authorities of CBD’s Parties, the findings indicate that the space, recognition and respect created in existing or evolving domestic ABS measures for rights of Indigenous communities are too inadequate to effectively implement the statutory provisions related to customary laws & institutions and community protocols, as envisaged in Nagoya Protocol. As the bio-cultural rights of Indigenous people are key to conservation and sustainable use of biodiversity, the domestic ABS laws need reorientation to be sufficiently effective in translating the spirit of international ABS laws into domestic policies.

scholarly journals PENGAKUAN HUKUM TERHADAP HAK ULAYAT MASYARAKAT HUKUM ADAT

to-ra ◽  
2016 ◽  
Vol 1 (3) ◽  
pp. 183
Author(s):  
Hidayat Hidayat
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Indigenous Communities ◽  
The State ◽  
Customary Law ◽  
National Scale ◽  
Communal Land ◽  
Customary Rights ◽  
Agrarian Law

Recognition of the existence of customary rights by Article 3 of the Basic Agrarian Law is a natural thing, because along with the customary rights of indigenous communities have existed before the formation of the state of Republic Indonesia. However, many cases of communal land which arise in the regional and national scale, will never obtain settlement completely without any objective criteria necessary as a benchmark determinants of the existence of customary rights and their implementation. Criteria for deciding about the existence of customary rights is composed of three elements, namely the existence of a particular customary law community, the presence of certain customary rights into the environment and the purpose of taking the lives of indigenous people, and the existence of customary law regarding the maintenance of order, control and use lands which apply and be adhered to by the indigenous peoples. Metode of reserach is juridis normative. The results of reaserach shows that there is no regulatory of customary right, and the rule is still from the society. The rule of customary right can be gap to customary rights, in fact lowest.Kata Kunci : Pengakuan hukum, Hak ulayat Masyarakat Hukum Adat

scholarly journals Local wisdom Pasang ri Kajang as a political power in maintaining indigenous people's rights

2021 ◽  
pp. 265-280
Author(s):  
Gustiana Anwar Kambo
Keyword(s):  
Local Government ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Political Power ◽  
Indigenous Community ◽  
Customary Law ◽  
Land Conflict ◽  
District Government ◽  
Customary Land

This research analyzes Pasang ri Kajang as local wisdom in Indigenous people Ammatoa Kajang becomes a social and political power. It maintains the existence of indigenous people Ammatoa Kajang in the customary land conflict with PT London Sumatra (Lonsum). Indigenous Peoples of Ammatoa Kajang, known as indigenous people who uphold the values ​​of local wisdom, was called Pasang ri Kajang; one of them is their belief that forests are the center of life. The conflict has arisen since PT Lonsum has unilaterally taken over Ammatoa Kajang's customary land in several villages. The lack of regulation of the local government that protects the rights of the Kajang community makes the position of the Ammatoa Kajang indigenous community weak in resisting. The indigenous Ammatoa Kajang community and several environmental and indigenous peoples' institutions demanded that the Bulukumba district government make and ratify the Ranperda of the Ammatoa Kajang community that could protect the rights and recognition of the Ammatoa Kajang customary community. At the end of 2015, the Bulukumba district government ratified regional regulation No. 9/2015 about the Inauguration, Recognition, and Protection of Customary Law Communities Ammatoa Kajang. Ratification of this regulation is a form of deregulation carried out by the Bulukumba district government in responding to conflicts over land and forest struggles of the indigenous people of Ammatoa Kajang and PT. Lonsum.

scholarly journals The Role of The Government in The Recognition of Customary Rights to Achieve Economic Development of Customary Law Communities

2020 ◽  
Vol 1 (1) ◽  
pp. 109-145
Author(s):  
RR. Catharina Dewi Wulansari ◽  
Journal Manager APHA
Keyword(s):  
Economic Development ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Land Rights ◽  
Customary Law ◽  
Role Of Government ◽  
The People ◽  
The Government ◽  
Role Of The Government

Every State wants a condition in which the people have a prominent level of welfare and prosperity, because that condition can reflect how a state has been successful in carrying out its development. The existence of development that can lead to prominent level of welfare and prosperity, certainly, shows the success of a state in achieving the state's goals. But in practice it is often found that the people of a state do not have a prominent level of welfare and prosperity due to the unprotected rights of the people. The lack protection rights of the people are one form of social problems; which of course requires a very fast handling. Therefore, in general, every state tries, so that the protection rights of the people can be fulfilled. Similarly, for the state of Indonesia, the protection of communal customderived land rights (ulayat rights) of indigenous peoples is one of the tasks that must be fulfilled by the government. The effort is not easy; therefore, needs a thorough study to overcome the problem. The method used in this research is a normative juridical method. The results of the study, indicate the role of government in regulating the recognition forms of the rights of indigenous peoples, especially, communal custom-derived land rights of indigenous people. In addition, there are various substances of legislation that must be regulated in order to recognize communal custom-derived land rights of indigenous people such as how to recognize indigenous peoples, their recognition procedures, indigenous peoples' obligations, and dispute resolution mechanisms. Finally, regulation about recognition of indigenous peoples is expected to have an impact on the economic development of indigenous peoples itself.

scholarly journals Peraturan Hukum Adat Baduy dan Hierarki Menurut Undang Undang yang Berlaku

2021 ◽  
Vol 6 (1) ◽  
pp. 32-39
Author(s):  
Putri Azzahra Maghfiroh
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Geographical Location ◽  
Capital City ◽  
Customary Law ◽  
Technological Advances ◽  
Customary Rights ◽  
Customary Laws ◽  
The Republic ◽  
The Government

The Baduy tribe is located closest to the capital city of the country. This is special to describe, how Baduy maintains its customs and customary laws in the midst of the influence of technological advances and the development of positive Indonesian law which is especially due to its geographical location not far from the metropolitan city, namely Jakarta and its surroundings. Then the purpose of this study also wants to reveal how Baduy customary law regulations and hierarchy according to applicable laws. Baduy is an ethnic indigenous people who still live in Indonesia. The hierarchy or order of laws and regulations in Indonesia refers to the recognition and respect given by the state in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which is not sufficient to protect the rights of the Baduy customary law community plus the weakness of Perda No.32 of 2001 which discuss the customary rights of the Baduy customary community only. The clash of Baduy traditional interests with the government system has made Baduy weaker in terms of representation. The government must immediately draft a law related to the protection of Baduy customary rights and or create a representation mechanism for indigenous peoples.

scholarly journals Interpreting Between the Concept of Customary Law Community And the Concept of Indigenous People (A Theoretical Study)

2019 ◽  
Vol 3 (1) ◽  
pp. 49-61
Author(s):  
Kadir Katjong
Keyword(s):  
Everyday Life ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Theoretical Study ◽  
Scientific Field ◽  
Point Of View ◽  
Customary Law ◽  
Legal Research ◽  
Academic World ◽  
The Difference

The concept/term often used in the community and in the academic world is the concepts/terms of customary law community and indigenous people. In its development, there are those who equate the two concepts, and those that distinguish them according to their point of view. Therefore, the problems that arise in our society in everyday life are the difficulty to distinguish or interpret between the two concepts, namely: what the concept of indigenous people and the concept of indigenous peoples are, and how the background of the differences between the two concepts is. The method used in reviewing the problem above was normative legal research, by studying various literature/materials, both primary, secondary and tertiary legal materials. The concept of the customary law community and the concept of indigenous peoples are used in the same sense because the subjects are the same, even though theoretically and academically the concepts are different. The difference between these two concepts/terms is due to the emergence of historically different backgrounds, such as in aspect of language, users (people, scholar, entity or scientific field, all of which use the terms to give identity to certain group of people (as subject) in a certain area).

scholarly journals Implementation of the recognition and respect of the Dayak Iban Semunying customary law community in human rights and SDGs

2020 ◽  
Vol 4 (2) ◽  
pp. 108-117
Author(s):  
Sandy Kurnia Christmas ◽  
Ichsan Muhajir ◽  
Imam Wicaksono
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Government Policy ◽  
Sustainable Development Goals ◽  
Customary Law ◽  
The Sustainable Development ◽  
Development Goals ◽  
Insight Into

Weak implementation of the recognition and respect for Indigenous Peoples of Iban Semunying be problems related to their discriminatory practices in running a government policy. Why is the implementation of the recognition and respect for the Indigenous People of  Dayak Iban Semunying still weak and how the principles of human rights and the Sustainable Development Goals are the two issues raised in this article. In this study it aims to find out what are the things that form the basis of the weak protection of indigenous peoples. The results of this study are expected to provide insight into the protection of the rights of indigenous peoples with a perspective of sustainable development goals.

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