scholarly journals EKSISTENSI MASYARAKAT HUKUM ADAT DAN LEMBAGA-LEMBAGA ADAT DI ACEH DALAM PENYELENGGARAAN KEISTIMEWAAN DAN OTONOMI KHUSUS DI ACEH

2012 ◽  
Vol 1 (3) ◽  
Author(s):  
Kurniawan
Keyword(s):  
Indigenous People ◽  
Local Community ◽  
Community Life ◽  
Literature Study ◽  
Legal Research ◽  
Technical Approach ◽  
Applicable Law ◽  
Traditional Institution ◽  
Traditional Institutions ◽  
The Government

<p align="center"><strong><em>A</em></strong><strong><em>b</em></strong><strong><em>s</em></strong><strong><em>t</em></strong><strong><em>r</em></strong><strong><em>a</em></strong><strong><em>c</em></strong><strong><em>t</em></strong></p><p><em>T</em><em>his study aims to explain the existence of indigenous people and traditional institutions in Aceh in the administration the Aceh’s special autonomy. In addition, it explains the duties, functions and authority of traditional institutions in Aceh nowadays. This study is normative legal research. This study examines library materials that acquired through literature study. The technical/ approach used is the statute ap- proach, by using deductive analysis. The results of the study indicate that the existence indigenous people and traditional institutions in Aceh have shown their role in local community life in Aceh. This is caused by the community in Aceh has fulfilled the requirements of indigenous people as stated by the applicable law. The existence of traditional institutions in Aceh essentially has the function and role as a vehicle for public participation in the administration of the Government of Aceh provincial level and the Regency/municipality level in the area of   security, peace, harmony, and public order. In addition, those traditional institutions also have some number of authorities as mandated by Article 4 Qanun Aceh No. 10 of 2008 concerning traditional Institution.</em></p><p><strong><em>Keywords: </em></strong><em>Indigenous </em><em>P</em><em>eople, Traditional Institution, Aceh’s Special Autonomy</em></p><p align="center"><strong>A</strong><strong>b</strong><strong>s</strong><strong>t</strong><strong>ra</strong><strong>k</strong></p><p><em>Pen</em><em>e</em><em>li</em><em>t</em><em>ia</em><em>n </em><em>in</em><em>i bertujuan menjelaskan eksistensi (kedudukan) masyarakat hukum adat dan lembaga-lembaga adat di Aceh dalam penyelenggaraan Keistimewaan dan Otonomi Khusus Aceh. Selain itu, menjelaskan tugas, fungsi, dan wewenang lembaga-lembaga adat yang ada di Aceh saat ini. Penelitian ini merupakan penelitian hukum normatif (legal research). Kajian ini menelaah bahan pustaka yang diperoleh melalui studi pustaka.  pendekatan yang digunakan ialah pendekatan peraturan perundang-undangan (statute approach), dengan menggunakan penalaran deduktif. Hasil kajian menunjukkan bahwa keberadaan (eksistensi) masyarakat hukum adat dan kelembagaan adat di Aceh telah menunjukkan kiprahnya dalam tata kehidupan masyarakat di Aceh. Hal tersebut disebabkan oleh karena masyarakat hukum di Aceh telah memenuhi syarat-syarat masyarakat hukum adat sebagaimana yang disebutkan dalam peraturan perundang-undangan yang berlaku. Keberadaan lembaga-lembaga adat di Aceh hakikatnya memiliki fungsi dan peran sebagai wahana partisipasi masyarakat dalam penyelenggaraan Pemerintahan Aceh dan Pemerintahan Kabupaten/Kota di bidang keamanan, ketenteraman, kerukunan, dan ketertiban masyarakat. Selain itu,  lembaga-lembaga adat tersebut juga memiliki sejumlah kewenangan sebagaimana yang diamanatkan Pasal 4 Qanun Aceh Nomor 10 Tahun 2008 tentang Lembaga Adat.</em></p><p><strong>Kata kunci: </strong>Masyarakat Hukum Adat, Lembaga Adat, Otonomi Khusus Aceh.</p>

scholarly journals The Dialectic of Dayak Traditional Rituals of the Balala’ to Prevent the Spread of the COVID-19 in Landak Regency of West Kalimantan Province

2021 ◽  
Vol 4 (2) ◽  
pp. 51
Author(s):  
Kristianus Kristianus
Keyword(s):  
Indigenous People ◽  
Economic Life ◽  
Literature Study ◽  
West Kalimantan ◽  
Analysis Technique ◽  
The Social ◽  
Traditional Institutions ◽  
The Government ◽  
To Come ◽  
The Impact

<em>The background of this research is the occurrence of the COVID-19 pandemic in the world, including in the Landak Regency, West Kalimantan Province. Various efforts had been made by the government, religious institutions, and traditional institutions. Dayak traditional institutions in Landak Regency and all traditional administrators in various Dayak villages in Landak Regency carried out Balala' traditional rituals to prevent transmission. The purpose of this study was to describe the perceptions and reasons for the Dayak indigenous people to carry out the Balala' ritual concerning efforts to prevent the transmission of the COVID-19. This study used a qualitative method, where data was taken by observation, literature study, and interviews. Interviews were conducted by going down the field and also interviews via WhatsApp. The data analysis technique used an interactive model. The results showed that the Balala' ceremony which was held by the Kanayatn Dayak people in the Landak Regency of West Kalimantan, was believed by those who attended it to be able to free them from the attack of this COVID-19 outbreak, because of three things, namely: (1) they had invited Jubata to come on during the Balala' ritual so Jubata would protect them; (2) The traditional Balala' ceremony is in line with the government's call for social distancing; and (3) those who had been Balala' are clean so that the COVID-19 virus cannot enter them. This research needs to be continued especially to see firsthand the effectiveness of the traditional Balala’ ceremony on the transmission of the Covid-19 and the impact of this pandemic on the social, cultural, and economic life of the Dayak indigenous people.</em>

scholarly journals KERUSAKAN LINGKUNGAN SEBAGAI DAMPAK PENAMBANGAN BATU KAPUR DI BENTANG ALAM KARST KABUPATEN GUNUNGKIDUL

PRANATA HUKUM ◽  
2020 ◽  
Vol 15 (2) ◽  
pp. 212-220
Author(s):  
Adnan Pambudi
Keyword(s):  
Research Method ◽  
Impact Analysis ◽  
Karst Area ◽  
Environmental Damage ◽  
Legal Research ◽  
Environmental Impact Analysis ◽  
Applicable Law ◽  
Rock Mining ◽  
The Government ◽  
The Impact

Mining without control and supervision can cause environmental damage. In order to keep the function of the nature in the process of mining, the government established preconditions and rules which is environmental impact analysis. Including the activity of rock mining in karst area Sewu hills, Gunungkidul, Yogyakarta. This area has been appointed by UNESCO as a geopark. On this research, the writer analyze about the impact of rock mining in environmental damage on this karst area. The research method used is empirical legal research. The empirical legal research is an (law in society?) observation and also can be called as a field observation in order to study the applicable law in the society. Several environmetal damages have been found on this research which are the change of the shape and the structure of karst hills, air pollution, and highway damage.

scholarly journals CULTURAL IMPLICATIONS OF DAYAK TOMUN INDIGENOUS PEOPLES IN THE MANAGEMENT LAND RIGHTS: A CASE STUDY OF LAMANDAU, CENTRAL KALIMANTAN, INDONESIA

2020 ◽  
Vol 8 (4) ◽  
pp. 530-536
Author(s):  
Achmadi ◽  
Khudzaifah Dimyati ◽  
Absori ◽  
Arief Budiono
Keyword(s):  
Indigenous People ◽  
Research Method ◽  
Local Community ◽  
Land Rights ◽  
Human Interactions ◽  
Management Procedures ◽  
Cultural Implications ◽  
Symbolic Reality ◽  
The Government ◽  
Customary Land

Purpose of the study: This research aimed at highlighting the cultural implications in the context of the Dayak Tomun community in maintaining the management of land rights based on the customary in Lamandau, Indonesia. Methodology: This study used a quantitative doctrinal research method to look at the macro problems in legislation products and a qualitative non-doctrinal research method to look at the problems conceptualized at the level of microanalysis as a symbolic reality. Main Findings: This research revealed that the cultural approach perspective of the local indigenous people had an important role in the management of land rights. This study discovered the procedures for managing the people's customary land rights, which were simple and based on the local wisdom of the local community, which implied a philosophical meaning of belom behadat (living in traditions, obeying customs), human nature in protecting the realm from destruction. Applications of this study: The findings of this study may be useful for the government in Indonesia since the findings reveal information as regards the management of land rights viewed from not only the rules and laws, but also a form of behavior, actions, and actual and potential human interactions that will be patterned in the management of land rights of Dayak Tomun indigenous people. The cultural implications of the Dayak Tomun indigenous people in managing local land rights based on local wisdom are sacred. Novelty: Indigenous people's background has management procedures, which can be seen from the characteristics of traditional lands, such as the presence of planting and family tree. Meanwhile, the term in the management of land rights is a hereditary habit and contains legal values ​​derived from beliefs (religion), customs, and social culture.

scholarly journals MENGUJI KEWENANGAN DEWAN PENGAWAS KOMISI PEMBERANTASAN KORUPSI DALAM PEMBERIAN IZIN PENGGELEDAHAN SEBAGAI TINDAKAN MERINTANGI PROSES PENYIDIKAN (OBSTRUCTION OF JUSTICE)

Esensi Hukum ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 48-63
Author(s):  
Arman Tjoneng ◽  
Christin Septina Basani ◽  
Novalita Sidabutar
Keyword(s):  
Research Method ◽  
Supervisory Board ◽  
Secondary Data ◽  
Criminal Code ◽  
The Other ◽  
Primary Data ◽  
Literature Study ◽  
Legal Research ◽  
The Public ◽  
The Government

Abstract The Corruption Eradication Commission (KPK) has become a super institution with extraordinary restraint. With the new Corruption Eradication Commission Law, some people think that the KPK has been weakened, which has been an institution loved by the public, even though the government denies that the new KPK Law has not weakened the KPK at all. One of the new things is the formation of the KPK Supervisory Body, one of which has the authority to grant permission to the KPK to conduct searches, which in fact has an impact on the problems at hand. The method used is a normative legal research method. The approach used is a statutory approach. The data used are secondary data obtained by literature study and primary data obtained by conducting interviews with related party respondents. There has been a shift in the meaning of Barriers to Justice as stated in Article 221 of the Criminal Code with Article 221 of the Corruption Eradication Law where Article 221 of the Criminal Code views Obstruction of Justice as a material offense while for Article 21 of the Corruption Eradication Law, Judicial Obstruction is seen as a formal offense. On the other hand, the actions of the Supervisory Board in granting licenses for searches, confiscation, etc. are not automatically considered a disturbance of justice unless it can be proven that the elements of wrongdoing committed by the Supervisory Board can be proven.   Keywords : Corruption, Authority, Obstruction Of Justice.   ABSTRAK Komisi Pemberantasan Korupsi (KPK) telah menjadi lembaga super dengan pengekangan yang luar biasa. Dengan adanya Undang-Undang KPK yang baru, sebagian orang menilai telah terjadi pelemahan KPK yang selama ini menjadi institusi yang dicintai masyarakat, padahal pemerintah membantah bahwa Undang-Undang KPK yang baru sama sekali tidak melemahkan KPK. Salah satu hal baru yaitu adalah pembentukan Badan Pengawas KPK yang salah satunya memiliki kewenangan untuk memberikan izin kepada KPK untuk melakukan penggeledahan, yang ternyata berdampak pada permasalahan yang sedang dihadapi. Metode yang digunakan adalah metode penelitian hukum normatif. Pendekatan yang digunakan adalah pendekatan statutori. Data yang digunakan adalah data sekunder yang diperoleh dengan studi pustaka dan data primer diperoleh dengan melakukan wawancara dengan responden pihak terkait. Telah terjadi pergeseran makna Hambatan Keadilan sebagaimana tertuang dalam Pasal 221 KUHP dengan Pasal 221 Undang-Undang Pemberantasan Korupsi dimana Pasal 221 KUHP memandang Obstruksi Keadilan sebagai delik material sedangkan untuk Pasal 21 Undang-Undang Pemberantasan Korupsi, Obstruksi Peradilan dipandang sebagai delik formal. Di sisi lain, tindakan Dewan Pengawas dalam pemberian izin penggeledahan, penyitaan, dan lain-lain tidak serta merta dianggap sebagai gangguan keadilan kecuali dapat dibuktikan bahwa unsur-unsur perbuatan salah yang dilakukan Dewan Pengawas dapat dibuktikan. Kata Kunci: Korupsi, Otoritas, Obstruksi Keadilan.

scholarly journals PERAN DESA ADAT BALI DALAM MELANCARKAN KEBIJAKAN PENANGGULANGAN PANDEMI COVID-19

2021 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
I Made Chandra Mandira ◽  
Cokorda Krisna Yudha
Keyword(s):  
Indigenous People ◽  
Task Force ◽  
Social Groups ◽  
Regional Government ◽  
Literature Study ◽  
Community Activities ◽  
Legal Legitimacy ◽  
Generic Strategy ◽  
Low Costs ◽  
The Government

Traditional villages have become the spearhead of community activities, especially in Bali. Regional Regulation (Perda) No.4 of 2019 concerning Traditional Villages is a breath of fresh air for indigenous people in Bali because it has legal legitimacy and recognition. Traditional villages played an important role during the covid-19 pandemic in Bali because they were at the forefront of protecting their territories, from securing the area to distributing social assistance. This study aims to analyze the strategies carried out by the government through customary villages to launch policies during the Covid-19 pandemic. The method used in this research is a literature study, where the data obtained will be compiled, analyzed, and concluded which will lead to conclusions about the literature study of Balinese traditional villages as a strategy in launching policies during the pandemic. This study found that customary villages are a team that embodies effectiveness in efforts to tackle Covid-19 starting from the context, composition, and process in it to solidarity with social groups derived from local wisdom values. The welfare of members of customary villages, especially those assigned to the task force for handling Covid-19, must be considered and the regional government should not use a generic strategy to archive low costs and broad differentiation in implementing policies

scholarly journals The Principle of Regulation of Mining Business License

Yuridika ◽  
2021 ◽  
Vol 36 (1) ◽  
pp. 121
Author(s):  
La Sensu Sensu ◽  
Oheo K. Haris ◽  
Muhammad Nazar
Keyword(s):  
Basic Principle ◽  
Government Policy ◽  
Local Governments ◽  
Local Community ◽  
Legal Aspects ◽  
Environmental Damage ◽  
Legal Research ◽  
Basic Principles ◽  
Regional Autonomy ◽  
The Government

The purpose of this study is to see and analyze the substance of a mining business permit regulation for the government to communities around mining and to find out and analyze the basic principles of a government policy to give birth to the welfare of communities around mining. This research used socio-legal research, which is a type of research whose orientation is focused on legal and non-legal aspects, namely the work of law in society and government. This revealed is that (1) the nature of Mining Business Permit Arrangements in regional autonomy has created euphoria among local governments, one of which is the assumption that mining belongs to the region and the local community; (2). Whereas the basic principle of the birth of a policy that does not pay attention to the welfare and interests of the local community will result in environmental damage, disharmony between residents, and the absence of commitment to building from mining entrepreneurs from the community around the mine.

scholarly journals Strict Liability in Environmental Dispute Responsibility Before and After the Enabling of Omnibus Law

2021 ◽  
Vol 2 (1) ◽  
pp. 53-60
Author(s):  
Zahranissa Putri Faizal
Keyword(s):  
Environmental Management ◽  
Strict Liability ◽  
Job Creation ◽  
Literature Study ◽  
Legal Research ◽  
Normative Approach ◽  
Environmental Disputes ◽  
Environmental Dispute ◽  
Before And After ◽  
The Government

With the limitation of the principle of fault-based liability, which is not effective in the implementation of the responsibility for activities with high risk, Law No. 23 of 1997 concerning Environmental Management and Law no. 32 of 2009 concerning Environmental Protection and Management which adheres to the principle of absolute responsibility or strict liability. The regulation regarding the principle of strict liability is clarified in Article 88 of Law no. 32 of 2009 (UU PLH). However, with the passing of the Omnibus Law, which changed Article 88 of Law no. 32 of 2009 becomes article 88 of the Omnibus Law, which eliminates the principle of strict liability. This writing uses a normative approach, a statutory approach. The data analysis used is a qualitative analysis. The elimination of strict liability in resolving environmental disputes is considered a shift, which in the provisions of Article 88 of the Job Creation Law seems to provide an opportunity for corporations to pollute the environment without firm accountability. The government seems to protect the sustainability of a corporation more than the interests of the community. The type of research used in this study is using normative legal research methods using a statutory approach and literature study.

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 PERAN KOMUNITAS DALAM PENANGANAN TEMUAN BARU PRASASTI (STUDI KASUS KOMUNITAS KANDANG KEBO)

2019 ◽  
Vol 39 (1) ◽  
pp. 53-72
Author(s):  
Goenawan A. Sambodo ◽  
Maria Tri Widayati ◽  
Hery S. Purnawali
Keyword(s):  
Social Media ◽  
Data Collection ◽  
Cultural Heritage ◽  
Local Community ◽  
Inductive Reasoning ◽  
Literature Study ◽  
Community Stakeholders ◽  
Community Data ◽  
The Government ◽  
Cultural Heritage Objects

The aim of this study is to identify and analyze the efforts of the Kandang Kebo Community in handling new found inscriptions. The method used is descriptive-qualitative, combined with inductive reasoning. Structural analytic, especially Internal Criticism (transliteration, translation and interpretation) is also applied to analyse the new found inscription.  Information for this study were collected from the members of Kandang Kebo community, stakeholders, and local community. Data collection were done by observation, literature study, interviews, and documentation. This study found that community which participate in maintaining cultural heritage objects is a provision in the Cultural Heritage Act no. 11 of 2010. Kandang Kebo as a society's community has been trying to apply this Act. The using of social media becomes one of the methods, with its quick and easy way; it makes new artifacts discovery easier to be known by others. Kandang Kebo then proceed this news to the office of BPCB. There are some inscriptions that are successfully saved and read by Kandang Kebo, followed by positive responses from the government.

scholarly journals LEGAL PROTECTION FOR FOREIGN INVESTMENT IN THE MINERAL AND COAL MINING SECTOR IN INDONESIA

2021 ◽  
Vol 12 (2) ◽  
pp. 102-114
Author(s):  
Vania Shafira Yuniar
Keyword(s):  
Coal Mining ◽  
Foreign Investment ◽  
National Economy ◽  
Legal Protection ◽  
Literature Study ◽  
Legal Research ◽  
Mining Sector ◽  
Foreign Investors ◽  
Study Approach ◽  
The Government

One of the indicators of Indonesia's economic development is investors. Investors are actors who have a role to empower and manage potential resources to serve as the country's economic strength. Mineral and coal mining plays an important role in the national economy and has great potential in the development of the national economy. The purpose of this research is to determine and analyze about legal protection for foreign investment in the mineral and coal mining sector in Indonesia. The research method used in this article is normative legal research and through a literature study approach with secondary assessment of legal materials and juridical data analysis. The results of this study indicate that the regulations related to foreign investment in the mining sector still use Law Number 25 of 2007 concerning Investment and Law Number 3 of 2020 concerning Amendments to Law Number 4 of 2009 concerning Mineral and Coal Mining which are considered by the Government as a basic regulation that is still in accordance with current conditions in Indonesia regarding investment and mining of minerals and coal. Therefore, special arrangements are needed related to foreign investment in the mining sector, because the existing laws and regulations are unable to explain in detail the aspirations and needs of foreign investors in implementing cooperation contracts in mineral and coal mining activities.

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