scholarly journals The Effectiveness of Customary Law to Protect Natural Resources in The National Park in Central Sulawesi

2021 ◽  
Vol 12 (3) ◽  
pp. 1191-1199
Author(s):  
Agus Lanini Et.al
Keyword(s):  
Natural Resources ◽  
National Park ◽  
Customary Law ◽  
Formal Approach ◽  
The Rule Of Law ◽  
Global Policy ◽  
Community Values ◽  
Natural Resource Conservation ◽  
The Government ◽  
Central Sulawesi

Most of the local communities living around the forest fulfil their daily needs, depending on the forest resources, but the government and even global policy have enacted the forest as a protected area or national park. The purpose of this research is to understand and explain the principles of customary law concerning the natural resources that exist in the national park, and to determine the effectiveness of customary law in protecting these natural resources. The research method applied to explore community values and attitudes is socio-legal. The research revealed society's habits through exploration, and norms and the rule of law are embraced. Some principles of customary law on natural resources include palia (taboo)  and ombo (prohibition) pertinent to natural resource conservation. Both of these principles are adhered to and have been hereditary. The values on utilising natural resources are still complied with (effective), although state law takes a formal approach for any infringement surrounding the national park. However, customary law principles still always need to be a source for environmental or related law.

scholarly journals Government Responsibility in The Management of Natural Resources for The Protection of Economic, Social, and Cultural Rights in The Balaesang Region

2020 ◽  
Vol 1 (1) ◽  
pp. 146-173
Author(s):  
Jeane Neltje Saly ◽  
Journal Manager APHA
Keyword(s):  
Resource Management ◽  
Natural Resources ◽  
Natural Resource Management ◽  
Natural Resource ◽  
Local Governments ◽  
Secondary Data ◽  
Customary Law ◽  
Government Responsibility ◽  
Healthy Environment ◽  
The Government

There are two aims of this paper: first to analyze the responsibility of the government in the commitment to protect the rights of indigenous and tribal peoples in natural resource management activities; secondly, to analyze the implementation of government responsibilities in mining management in relation to the rights of indigenous and tribal peoples in enjoying their rights in the ecosystem, such as the environment. The method used in the research is empirical normative method, namely research that emphasizes the secondary data that is by studying and reviewing the principles of law and positive law principles derived from the existing literature materials in legislation and the provisions especially in relation to the exclusion of indigenous people's rights in the obligation of the state to create a healthy environment for the management of natural resources as a manifestation of human rights protection, and supplemented by empirical data in the form of interviews with related parties in Balaesang Tanjung Donggala District. The results show that natural resource management activities, linked to indigenous and tribal peoples' rights in environmental protection are regulated in various laws, both nationally and internationally. Implementation of government responsibility in mining management is related to the right of customary law community in enjoying the environment has not been optimally done. From the case of Balaesang Tanjung Donggala, it is envisaged that local governments ignore the rights of indigenous and tribal peoples in enjoying a healthy environment.

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 LEGAL ADMISSION OF LEGAL SOCIETY CONDUCTING THE NATIONAL PARK OF KAYAN MENTARANG (TNKM)

2020 ◽  
Vol 4 (2) ◽  
pp. 145-169
Author(s):  
Marthin Marthin ◽  
Wiwin Dwi Ratna ◽  
Yasser Arafat ◽  
Afdhal .
Keyword(s):  
Human Rights ◽  
Natural Resources ◽  
Indigenous People ◽  
National Park ◽  
Legal Status ◽  
Legal Issues ◽  
Customary Law ◽  
Tribal Communities ◽  
Legal Fact ◽  
Legal Consequences

 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

scholarly journals Impact of Soil Rejuvenating Scheme on Income of Cotton Farmers – An Evidence from Kalaburagi District of Karnataka

2021 ◽  
pp. 85-92
Author(s):  
. Sagar ◽  
Murtuza Khan ◽  
Mahin Sharif
Keyword(s):  
Natural Resources ◽  
Large Scale ◽  
Sustainable Use ◽  
Cotton Production ◽  
Natural Resource Conservation ◽  
Yield Level ◽  
Integrated Crop Management ◽  
The Government ◽  
Cotton Farmers ◽  
Dryland Crops

Rainfed areas are not only thirsty but also hungry for nutrients and are hotspots of poverty, malnutrition, and degradation of natural resources. Looking into these aspects, the Government of Karnataka has implemented a mission mode project called “Bhoochetana” meaning “reviving the soils” to benefit dryland farmers for sustainable use of natural resources in Karnataka. This scheme aimed at enhancing the yield level of major dryland crops through integrated crop management (ICM) practices. The study has been conducted in the Kalaburagi District of Karnataka State, where the majority of the area under agriculture is rainfed and cotton is one of the major rainfed crops grown on a large scale. The study revealed that the yield of the main product from cotton production for Bhoochetana beneficiary farmers was higher with 23.18 quintals per hectare compared to non-beneficiary farmers with 21.36 quintals. The results of partial budgeting showed that, a net gain of ₹ 4660 per hectare was obtained by Bhoochetana scheme beneficiaries over non-beneficiary farmers. The study highlighted that, there is a positive significant effect of the scheme on the production of cotton. Therefore, the policies must focus on long-term soil, water, and other natural resource conservation practices to achieve sustainability in agriculture.

scholarly journals An Evaluation of the Sagarmatha National Park Forestry Project (Snpfp), Khumbu, Nepal: A Community Stakeholder Approach

2021 ◽  
Author(s):  
Chet Bhatta
Keyword(s):  
Foreign Aid ◽  
National Park ◽  
Local Area ◽  
Community Stakeholder ◽  
Stakeholder Approach ◽  
Natural Resource Conservation ◽  
Sagarmatha National Park ◽  
Forestry Project ◽  
The Government ◽  
Multiple Donors

This study adopts a community stakeholder approach to analyze the stakeholders' perceptions on foreign aid and NGO-driven reforestation programme in an impacted community. The focus of the study, the Sagarmatha National Park Forestry Project (SNPFP), has operated in Khumbu, Nepal for thirty years. The overall performance and impacts of the SNPFP were assessed by interviewing key informants with regard to their experience and perceptions. Qualitative analysis revealed the gap in the involvement of multiple donors and identified how these gaps impacted on quality of foreign aid and NGO-led project. The implications of this study include the recommendation that the immediate stakeholders in a local area are a reliable source of information to measure the value of foreign aid and NGO performance. Furthermore, the future of natural resource conservation and rural development led by foreign aid and NGOs depends on collaboration between the local people, the NGOs, donors, and the government.

scholarly journals An Evaluation of the Sagarmatha National Park Forestry Project (Snpfp), Khumbu, Nepal: A Community Stakeholder Approach

2021 ◽  
Author(s):  
Chet Bhatta
Keyword(s):  
Foreign Aid ◽  
National Park ◽  
Local Area ◽  
Community Stakeholder ◽  
Stakeholder Approach ◽  
Natural Resource Conservation ◽  
Sagarmatha National Park ◽  
Forestry Project ◽  
The Government ◽  
Multiple Donors

This study adopts a community stakeholder approach to analyze the stakeholders' perceptions on foreign aid and NGO-driven reforestation programme in an impacted community. The focus of the study, the Sagarmatha National Park Forestry Project (SNPFP), has operated in Khumbu, Nepal for thirty years. The overall performance and impacts of the SNPFP were assessed by interviewing key informants with regard to their experience and perceptions. Qualitative analysis revealed the gap in the involvement of multiple donors and identified how these gaps impacted on quality of foreign aid and NGO-led project. The implications of this study include the recommendation that the immediate stakeholders in a local area are a reliable source of information to measure the value of foreign aid and NGO performance. Furthermore, the future of natural resource conservation and rural development led by foreign aid and NGOs depends on collaboration between the local people, the NGOs, donors, and the government.

Linkages between biological and cultural diversity for participatory management: Nepal’s experiences with Makulu-Barun National park and its buffer zone

1970 ◽  
Vol 16 (2) ◽  
pp. 37-44
Author(s):  
Shree Gopal Jha
Keyword(s):  
Natural Resources ◽  
Cultural Diversity ◽  
Biodiversity Conservation ◽  
National Park ◽  
Buffer Zone ◽  
Military Force ◽  
High Dependency ◽  
People Participation ◽  
Tibet Autonomous Region ◽  
The Government

The Makalu-Barun National Park (MBNP) and its Buffer Zone (BZ) of eqastern Nepal shares is borders with Sagarmatha National Park on the west and with the Qomolongma Natural Preserve of the Tibet Autonomous Region of China on the North. The Park is rich in cultural diversity with many ethnic groups. Most of the households are economically poor and depend on subsistence agriculture, animal husbandry and diverse natural resources for livelihoods. Slash and burn cultivation on steep slopes, poaching, hunting, over grazing, high dependency on natural resources, poverty and food deficits are the main threats to biodiversity in MBNP and BZ area. The MBNP was established in 1991 while its BZ was declared in 1998. the basic underlying approach of protection and management of the Park and its BZ is biodiversity conservation through people participation, without relying on military force. This paper highlights the implementation of the biodiversity conservation and management approaches through people participation in the MBNP and its BZ, and also explores notable achievements and effectiveness of partnership of the Government of Nepal, the Mountain Institute (TMI) – an INGO and the local communities to sustain conservation efforts as well as to improve local livelihoods. Key words: Biodiversity; National Park; Buffer Zone; participation; culture; linkages Banko Janakari Vol.16(2) 2006 pp.37-44

scholarly journals The Formation of Customary Law Related to the Use of Natural Resources in the Lore Lindu Region

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (3) ◽  
pp. 181
Author(s):  
Agus Lanini ◽  
Sulbadana Sulbadana ◽  
Aminuddin Kasim ◽  
M. Yasin Nahar ◽  
Surahman Surahman
Keyword(s):  
Natural Resources ◽  
Direct Observation ◽  
National Park ◽  
Research Method ◽  
Forest Conservation ◽  
Demographic Data ◽  
Secondary Data ◽  
Customary Law ◽  
Long Time ◽  
Participatory Appraisal

The research aims to know and comprehend the customary law principles as a rule in the exploration of natural resources, to know communities behavior on customary law in exploring the natural resources, and to explain the customary law as a beneficial rule to conserve the natural resources in lore lindu region. It will be conducted through the research method of socio-legal by data collecting will be done by direct observation of the research object as well as interview and participatory appraisal. Secondary data such as documented policy, law and regulations, political agreements, village demographic data, and other supporting data will be collected from various sources of concerns. The result of the research could be revealed as that the customary law principles as a rule in the explorations of natural resources still influence their rule in using its of course lead by head of tribe (totua Ngata) for a long time ago. As well as the communities behavior on customary law in using the natural resources in general. Then the customary law as a beneficial rule to conserve the natural resources in lore lindu region in particular can be assumed, but the intervention of state law or policy made it diminish gradually. Customary law related to forest conservation as a part of their values such as ombo (forbidden) cutting or bring tree or fish in a certain time. Keyword: Formation; Customary Law; Natural Resources; National Park

DEKADENSI PEMILIHAN HAKIM AGUNG OLEH DPR RI

2020 ◽  
Vol 14 (1) ◽  
pp. 73-104
Author(s):  
Rustam Magun Pikahulan
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
House Of Representatives ◽  
Good Governance ◽  
Constitutional Court ◽  
Due Diligence ◽  
The Rule Of Law ◽  
The Supreme Court ◽  
Institutional Status ◽  
The Government

Abstract: The Plato's conception of the rule of law states that good governance is based on good law. The organization also spreads to the world of Supreme Court justices, the election caused a decadence to the institutional status of the House of Representatives as a people's representative in the government whose implementation was not in line with the decision of the Constitutional Court. Based on the decision of the Constitutional Court No.27/PUU-XI/2013 explains that the House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only approve or disapprove candidates for Supreme Court Justices that have been submitted by the Judicial Commission. In addition, the proportion of proposed Supreme Court Justices from the judicial commission to the House of Representatives (DPR) has changed, whereas previously the Judicial Commission had to propose 3 (three) of each vacancy for the Justices, now it is only one of each vacant for Supreme Court Judges. by the Supreme Court. The House of Representatives no longer has the authority to conduct due diligence and suitability (elect) to prospective Supreme Judges proposed by the Judicial Commission. The House of Representatives can only "approve" or "disagree" the Supreme Judge candidates nominated by the Judicial Commission.

Is Xenophobic Violence and Criminality Systemic in Post-Apartheid South Africa? A Critical Analysis of Growing Denialism to 2015 Incidents

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Mbekezeli Comfort Mkhize ◽  
Kongko Louis Makau
Keyword(s):  
South Africa ◽  
Rule Of Law ◽  
Critical Analysis ◽  
Hate Crime ◽  
International Organisations ◽  
Foreign Nationals ◽  
The Rule Of Law ◽  
South Africans ◽  
Structural Problems ◽  
The Government

This article argues that the 2015 xenophobic violence was allowed to spread due to persistent inaction by state officials. While the utterances of King Goodwill Zwelithini have in part fuelled the attacks, officials tend to perceive acts of xenophobia as ordinary crimes. This perception has resulted in ill-advised responses from the authorities, allowing this kind of hate crime against foreign nationals to engulf the whole country. In comparison with similar attacks in 2008, the violent spree in 2015 is characterised by a stronger surge in criminal activities. The militancy showcased fed a sense of insecurity amongst foreigners, creating a situation inconsistent with the country’s vaunted respect for human rights and the rule of law. Investors lost confidence in the country’s outlook, owing in part to determined denialism in government circles regarding the targeting of foreigners. While drawing from existing debates, the article’s principal objective is to critically examine the structural problems that enable xenophobia to proliferate and the (in)effectiveness of responses to the militancy involved in the 2015 attacks. Of particular interest are the suggested responses that could be effective in curbing future violence. The article concludes that xenophobia is systemic in post-apartheid South Africa. Strong cooperation between the government, national and international organisations could provide the basis for successful anti-xenophobia measures. The article further argues that the country is obliged to find a sustainable solution to the predicament for humanitarian reasons firstly, and in recognition of the support South Africans received from its African counterparts during the liberation struggle.

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