scholarly journals PENGHULU AND MARRIAGE PROBLEMATICS OF BOUNDARY SOCIETY IN ENTIKONG AND SEKAYAM WEST KALIMANTAN

2019 ◽  
Vol 19 (2) ◽  
Author(s):  
Muhammad Ishom El-saha
Keyword(s):  
Social Economic ◽  
Customary Law ◽  
Political Factors ◽  
Marital Problems ◽  
Border Area ◽  
West Kalimantan ◽  
Border Areas ◽  
The Law ◽  
Written Law ◽  
To Receive

This study focuses on the problem’s task of Penghulu about registering marriages and problems of unregistering marriages in the border areas of Indonesia and Malaysia, especially at Entikong-Sekayam, West Kalimantan. Communities in the area complained about the absence of KUA Staff which caused them not to receive maximum service. While on staff’s KUA perception, they have worked but the community does not want to adjust to them, such as obeying the applicable provisions. There is a possibility of a gap between written law as a reference for KUA Staff and customary law for communities. With the law in action approach, it’s found legal, social, economic, and political factors that cause marital problems in the border area.

scholarly journals Dikotomi Politik Hukum Nasional dengan Politik Hukum Adat di Daerah Perbatasan

2019 ◽  
Vol 1 (1) ◽  
pp. 22-35
Author(s):  
Julianto Jover Jotam Kalalo ◽  
Irwansyah Irwansyah
Keyword(s):  
Customary Law ◽  
Legal Regulations ◽  
Legal Basis ◽  
Border Area ◽  
Application Of Law ◽  
Strong Position ◽  
Border Areas ◽  
The Law

The existence of a pluralistic law in the border area causes customary law communities who live and develop in the border area applying variety of laws. The concept of dualism is even deeper in the application of law as a reality that exists in border areas. The position of national law which is side by side with customary law apparently still has a gap which is entered by other countries' laws which are none other than neighboring countries. The existence of this plural law causes the disharmony of the legal regulations applied in the border area. The analysis shows that the dichotomy of regulations often conflicts and differences in the application of the law in each of the legal arrangements. Due to customary politics in the border areas are seeking for the truth in the application of the law. The position of national law does not guarantee the existence of legal arrangements in border areas because customary law in border areas has a strong position. National law is difficult to become a legal basis in border areas. However, the contradictions and differences in these three legal arrangements can actually be synergized, thus, thecontradictions and differences can also form a new law that is dynamic and appropriate, and does not change into a problem in the customary community.

scholarly journals Legal dynamics in a border area

2013 ◽  
Vol 1 (3) ◽  
pp. 314-332 ◽  
Author(s):  
Nebi Bardhoshi
Keyword(s):  
Social Economic ◽  
Customary Law ◽  
State Law ◽  
Legal Systems ◽  
Property Ownership ◽  
Border Area ◽  
Two Systems ◽  
New Type ◽  
Ethnographic Data

This article considers factors that have effected and influenced the continuity of the customary law named the Kanun of Lek Dukagjini in some areas of Albanian and Kosovo. It draws on ethnographic data on the border area villages between Albania and Kosovo to discuss the dynamics and tensions that are created between state and non-state law vis-à-vis justice in highly complex and problematic social, economic, and political contexts. Customary law and state law seem to be two conflicting legal ideologies. However, the article considers everyday settings where people make use of both legal systems in order to regulate matters especially related to property issues. The new legal realities create around property ownership imply new type of relations vis-à-vis family and kinship structures which oscillate between the two systems.

scholarly journals ANALYSIS OF HEALTH POLICY IN THE BORDER AREA OF WEST KALIMANTAN INDONESIA

2017 ◽  
Author(s):  
Abil Rudi
Keyword(s):  
Health Policy ◽  
Health Status ◽  
Health Services ◽  
Local Community ◽  
Health Workers ◽  
Health Care Facilities ◽  
Health Policies ◽  
Border Area ◽  
West Kalimantan ◽  
Border Areas

Background : The health status of the people in the border areas with low economic level, especially in rural areas, have not received equitable health services optimally due to geographical location, infrastructure and social. In addition, the border area with vast areas still found the lack facilities and infrastructure of hea lth services that will be make people in the border area is still low in accessing health care facilities. On the other hand, the health workers who are not willing to be placed in the border area has a big influence and that’s lowering the community health status. Problems of inequality health efforts in the border area also caused by the socioeconomic status of the local community which is poverty so that can’t access the health services. Objective : This study aims to analyze the implementation of health policies in the border areas in West Kalimantan, Indonesia. Method : This study is a descriptive study with qualitative approach. This study is a literature study research. Results : Health policy in border area has not been able to overcome the problems of the spread of health workers in the border area. Policies on the health insurance system in the border areas are not distributed optimally. Policies on basic health infrastructure in border areas have not been equally distributed. Policies on referral transportation in border areas are not yet sufficient. Conclusion : The implementation of health policies in the border areas have not been fit for the purposes to increase health status for community.

The Law of Life Insurance in France as affected by a Recent Decision of the Supreme Court of Judicature

1872 ◽  
Vol 17 (3) ◽  
pp. 189-191
Author(s):  
M. Leon de Montluc
Keyword(s):  
Supreme Court ◽  
Life Insurance ◽  
Insurance Policies ◽  
The Supreme Court ◽  
The Law ◽  
Written Law ◽  
The Right ◽  
To Receive ◽  
Made In

Never was a more complete change suddenly brought about in the laws of a nation by legislative enactment than that which has taken place this year in France in the law of life insurance, in consequence of one single decision of the Supreme Court of Judicature, Up to the present time the construction given to the contract of life insurance in this country has been quite different from what it is in England. As there is no provision of written law that relates to life insurance, it being not even so much as mentioned in the Civil or Commercial Codes, people thought themselves justified in governing it by laws and rules of their own. For instance, although it is a principle of law common to both English and French jurisprudence (we may add, to the law of all legislating nations from time immemorial) that choses in action shall necessarily devolve upon our legal representatives after our death, it has hitherto been decided almost universally by French tribunals that an exception was to be made in favour of life insurance policies. By the advocates of that doctrine, the right in the sum assured was thought never to have vested in the person effecting the policy, and the assurance monies were said to be transferred directly, i. e., omisso medio, from the assurer to the party entitled to receive the sum assured; and that sum, accordingly, would not be liable to succession duty.

The office of qāḍī in Dār Fūr: a preliminary inquiry

1977 ◽  
Vol 40 (1) ◽  
pp. 110-124 ◽  
Author(s):  
R. S. O'Fahey
Keyword(s):  
Seventeenth Century ◽  
Democratic Republic ◽  
Customary Law ◽  
Independent Judiciary ◽  
History Of ◽  
The Law ◽  
Written Law

A written law and a separate if not independent judiciary were among the most distinctive innovations brought by Islam to the Sudanic region. The history of the reception of the sharī'a and the institutions associated with it, of its modifications of the local customary law and of the changes wrought upon it by the same customary law may help to provide a framework for more general discussions of the process of islamization within Africa. The main purpose of this paper is to describe the history of the office of qāḍī, or judicial official, in the Dār Fūr sultanate, which occupied what is now the westernmost province of the Democratic Republic of the Sudan between the mid-seventeenth century and 1916. Thus I am not so much concerned with the content of the law, whether customary or Islamic, administered within the sultanate as with who administered it.

Diplomatic Privileges and Immunities of Agents Invested with Functions of an International Interest

1931 ◽  
Vol 25 (4) ◽  
pp. 694-710 ◽  
Author(s):  
Lawrence Preuss
Keyword(s):  
The State ◽  
Legal Order ◽  
Customary Law ◽  
The Political ◽  
Political Factors ◽  
Historical Factors ◽  
The Pacific ◽  
The Law ◽  
And Control ◽  
The Way

Recent tendencies toward the reduction of diplomatic privileges and immunities have been justified by the decreasing importance of the causes which have contributed to their establishment in their present exaggerated extent. The traditional distrust of diplomatic missions as instruments of espionage and intrigue has all but vanished, and has been supplanted by an appreciation of their functions as agencies for facilitating the pacific intercourse of states. The scrupulousness with which the diplomatic character is now respected and the growing security of the legal order in most states make possible a reduction of diplomatic prerogatives without jeopardizing the successful and independent fulfillment of the mission which it is their purpose to secure. The widest pretensions to exemption from the authority of the receiving state were advanced at precisely those times in which diplomats were in practice subjected to the greatest amount of interference and control. Doctrines of the seventeenth and eighteenth centuries, inspired by a reaction against contemporary conditions, have been incorporated into the customary law, which has lost its raison d'Ure to the extent that the historical factors which influenced its growth are no longer operative. The need of the envoy for independence exists today no less than formerly, but it no longer requires, as a condition of its guarantee, that complete immunity from the law and jurisdiction of the receiving state which has found a figurative expression in the fiction of exterritoriality. As a subject involving few of the political factors which have thus far proved to be insurmountable obstacles in the way of codification, the law of diplomatic privileges and immunities is eminently suited for restatement and amendment in the form of a general convention. Such a restatement, if it is not to be retrogressive, must be based upon the conception that the receiving state has rights, and the sending state duties, which are correlative to the obligations of the state of residence and the rights of the appointing state, alone emphasized in the existing law.

scholarly journals ‘CHANGING TRADITIONS TO MEET CURRENT ALTERING CONDITIONS’: CUSTOMARY LAW, AFRICAN COURTS AND THE REJECTION OF CODIFICATION IN KENYA, 1930–60

1999 ◽  
Vol 40 (3) ◽  
pp. 411-431 ◽  
Author(s):  
BRETT L. SHADLE
Keyword(s):  
Daily Life ◽  
Customary Law ◽  
Colonial Rule ◽  
Law And Order ◽  
White Line ◽  
History Of ◽  
The Law ◽  
Written Law ◽  
Unwritten Law

If the aim of British colonizers, Frederick Lugard wrote, was to civilize Africans ‘and to devote thought to those matters which…most intimately affect their daily life and happiness, there are few of greater importance than the constitution of native courts’. Moreover, he argued that only from native courts employing customary law was it ‘possible to create rudiments of law and order, to inculcate a sense of responsibility, and evolve among a primitive community some sense of discipline and respect for authority’. Britain had not the manpower, the money nor the mettle to rule by force of arms alone. Essentially, in order to make colonial rule work with only a ‘thin white line’ of European administrators, African ideas of custom and of law had to be incorporated into the new state systems. In a very real way, customary law and African courts provided the ideological and financial underpinnings for European colonial rule.In Kenya from at least the 1920s, but especially in the 1940s and 1950s, administrators struggled with the question of how customary law could best be used in African courts. Prominent among their concerns was the codification of customary law, against which most administrators vigorously fought. British officials believed that reducing African custom to written law and placing it in a code would ‘crystalize’ it, altering its fundamentally fluid or evolutionary nature. Colonizers naturally harbored intentions of using the law to shape society (as Cooper has demonstrated for the Kenya coast) but a fluid, unwritten law provided much greater latitude to pursue these goals. It was necessary, as one administrator put it, to allow ‘changing traditions to meet current altering conditions’.This case study of Kenya offers a different understanding of the history of customary law.

scholarly journals Determination of Priority Regions as The Direction of Decision-Making for Land Development of West Kalimantan Province

2019 ◽  
Vol 4 (3) ◽  
pp. 186
Author(s):  
Ratih Fitria Putri ◽  
Aryana Rachmad Sulistya
Keyword(s):  
Decision Making ◽  
Land Development ◽  
Development Model ◽  
Small Islands ◽  
Border Area ◽  
Economic Productivity ◽  
West Kalimantan ◽  
Priority Areas ◽  
Border Areas

Indonesia is an archipelago country consisting of large and small islands with a large number of approximately 17,508. Some of the islands are among the border to neighboring countries. One of the islands is a border area of land that is found on the island of Borneo, especially West Kalimantan Province. West Kalimantan province is directly adjacent to Malaysia. The identic character of the Indonesian border area is largely a lagging region. Determination of priority areas is certainly needed as an effective way of developing these border areas. The objectives of the research include (1) identification of the distribution of lagging priority areas in West Kalimantan Province, (2) give recommendations related to development of lagging priority areas. Overlays of lagging region parameters and economic productivity are used to determine priority areas. The result of identification is known that Bengkayang Regency, Kayong Utara, and Melawi are the lagging priority areas. Recommendation given to the lagging priority regions are through regional development model and also based on determination of base sector.

scholarly journals INDIGENOUS COMMUNITY, CUSTOMARY LAW AND MULTICULTURALISME IN INDONESIA

Al-Albab ◽  
2015 ◽  
Vol 2 (1) ◽  
Author(s):  
Zaenuddin Hudi Prasojo
Keyword(s):  
Restorative Justice ◽  
Common Good ◽  
Indigenous Communities ◽  
Customary Law ◽  
New Order ◽  
West Kalimantan ◽  
The Law ◽  
Law And Justice ◽  
The Republic

The awareness of awakening and efforts in reviving the customary law of indigenous communities in Indonesia has been going on for a long time, at least since the end of the reign of the New Order Regime. Customary law as one of the authentic capital of indigenous communities is a reflection of the existence of multicultural principles that have actually existed and been part of the Indonesian society. This work explores the case of cutomary law in West Kalimantan on Katab Kebahan’s practices in Melawi which is potential to be included to the National law. The role of customary law in the life of the multicultural society, like West Kalimantan society, in the modern era should be aligned with the history of the Unitary State of the Republic of Indonesia which was founded by the best children of the nations that agreed to establish a state based on the supremacy of law. Customary law is part of the state law. Therefore, there is s need to think of a proper format for the position and the role of customary law in the Indonesian legal system for the prosperity of society based on equality before the law and justice in accordance with the ideals of the nation. This paper suggests that, as an alternative as to where we might put the position of customary law in a multicultural nation today, we can take the example from patterns made by several countries that have adopted Restorative Justice systems with the main principles that the law is a device to resolve the problems in a just and fair way and with the awareness to return all the problems to the perspective of the law for the common good. Key words: cutomary law, mulitcultural society, restorative, justice

scholarly journals Peran TNI dalam Mengamankan Wilayah Perbatasan Darat Indonesia-Malaysia

2021 ◽  
Vol 8 (1) ◽  
pp. 19
Author(s):  
Agus Subagyo
Keyword(s):  
Role Theory ◽  
Task Force ◽  
Health Sector ◽  
Active Role ◽  
Illegal Logging ◽  
Border Area ◽  
West Kalimantan ◽  
Illegal Mining ◽  
Border Areas

Wilayah perbatasan darat Indonesia dengan Malaysia berada di Provinsi Kalimantan Barat, Kalimantan Timur, dan Provinsi Kalimantan Utara.  Wilayah ini sangat rawan terjadinya berbagai pelanggaran batas wilayah. TNI sebagai alat pertahanan negara wajib melakukan pengamanan terhadap wilayah perbatasan. Satgas Pamtas Yonif Raider 301/PKS merupakan satuan TNI AD yang diberikan tugas untuk mengamankan wilayah perbatasan darat Indonesia-Malaysia, dengan wilayah penugasan di Provinsi Kalimantan Barat, khususnya di Kabupaten Sanggau, Kabupaten Sintang, dan Kabupaten Kapuas Hulu, mulai 1 Maret 2019–30 November 2019. Tujuan penelitian ini adalah untuk menganalisis apa saja peran Satgas Pamtas Yonif Raider 301/PKS dalam mengamankan wilayah perbatasan darat Indonesia-Malaysia. Kerangka teoritis yang digunakan adalah teori peran, dimana peran terbagi menjadi peran aktif dan peran partisipatif. Penelitian dilakukan dengan metode kualitatif, melalui teknik pengumpulan data berupa wawancara, observasi, dan studi dokumentasi. Hasil penelitian menunjukkan bahwa peran Satgas Pamtas Yonif Raider 301/PKS dalam mengamankan wilayah perbatasan darat Indonesia-Malaysia diwujudkan dengan peran aktif dan peran partisipatif. Peran aktif berupa pengamanan wilayah perbatasan dari ancaman militer dan non-militer, seperti pengamanan patok batas, pengamanan yang dilakukan satgas pamtas terhadap kejahatan transnasional, illegal logging, illegal mining, kejahatan narkoba, penyelundupan barang. Peran partisipatif berupa kegiatan sosial kemanusiaan (civic mission) yang dilakukan satgas pamtas dalam bidang pendidikan, bidang kesehatan, bidang sosial, dan bidang infrastruktur, sehingga sangat dirasakan oleh masyarakat di wilayah perbatasan. Kata kunci: peran, TNI, perbatasan darat, Indonesia-Malaysia The land border between Indonesia and Malaysia is in the Province of West Kalimantan, East Kalimantan, and North Kalimantan. This region is very prone to various violations of territorial boundaries. The Indonesian Military  as a means of national defense is obliged to carry out security against border areas. The task force of Raider Infantry Battalion 301/PKS is an army unit assigned to secure the Indonesia-Malaysia land border area, with assignment areas in West Kalimantan Province, specifically in Sanggau, Sintang, and Kapuas Hulu Regencies, starting March 1, 2019-30 November 2019. The purpose of this study is to analyze the role of the  task force of Raider Infantry Battalion in securing the Indonesia-Malaysia land border area. The theoretical framework used is role theory, where roles are divided into active roles and participatory roles. The study was conducted using qualitative methods, through data collection techniques in the form of interviews, observation, and documentation studies. The results showed that the role of the  task force of Raider Infantry Battalion 301/ PKS in securing the Indonesia-Malaysia land border area was realized with an active and participatory role. An active role in the form of securing border areas from military and non-military threats, such as security carried out by the task force for transnational crime, illegal logging, illegal mining, drug crimes, smuggling of goods. Participatory role in the form of humanitarian social activities (civic mission) carried out by the task force in the field of education, health sector, social field, and infrastructure, so it is very much felt by the people in the border areas. Keywords: border, Indonesian military, role, Indonesia-Malaysia

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