scholarly journals MEMAHAMI PERTALIAN DESA PAKRAMAN DI BALI DENGAN KARANG AYAHAN SEBAGAI BAGIAN DARI PALEMAHAN BERDASARKAN KONSEP TRI HITA KARANA

2018 ◽  
Vol 3 (2) ◽  
pp. 125-140
Author(s):  
Made Oka Cahyadi Wiguna
Keyword(s):  
Social Life ◽  
Customary Law ◽  
Place Of Residence ◽  
Indigenous Law ◽  
Village People ◽  
Customary Land ◽  
The Right

Desa Pakraman in Bali is included in the category of territorial customary law community and at the same time religious customary law community. On that basis, it should be understood that actually desa pakraman has autonomy in regulating the order of life and social life of its members. The existence of desa pakraman in Bali is very much needed for its members, as an institution that has the authority to regulate the life arrangements of indigenous law communities, including regulating, management, designation, maintenance and preservation of karang ayahan as the customary land of desa pakraman. The existence of karang ayahan is very dependent on the existence of a desa pakraman. Mastery of karang ayahan by krama desa who has the right, is used as a place of residence or other interests with the obligation to pay attention to certain general provisions set by desa pakraman in awig-awig and perarem. Besides that, the karang ayahan is also an integral part of the territory or wewengkon of a desa pakraman. For village people, the area is an important part of sovereignty from a desa pakraman that must be maintained.   Keywords: the existence of desa pakraman, the function of the karang ayahan  

scholarly journals The Registration Of “Ulayat”’ Land In West Sumatra: Between The Legal Certainty And The Social Justice

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 585
Author(s):  
A. Yoma Amanda Putri ◽  
Djauhari Djauhari
Keyword(s):  
Social Justice ◽  
Customary Law ◽  
Legal Certainty ◽  
Land Registration ◽  
The Social ◽  
West Sumatra ◽  
Customary Rights ◽  
The Creation ◽  
Customary Land ◽  
The Right

Ulayat land House of communal rights is a member of the House, as a fellowship of customary law. The purpose of the arrangement of Ulayat Land is to protect the customary land and take the benefits for survival in some generations and uninterrupted between the members of the House with its territory. Conceptually, this is related to a social justice. While the purpose of the registration of land, according to the article 19 BAL is to guarantee the legal certainty over land. The implementation of Customary Land or Ulayat Land Registration was preceded by the creation of the base rights. The making of the pedestal of this right in the form of a waiver of physical mastery of plots of land (Sporadic). Before the creation of the pedestal of this right was preceded by the creation of Ranji by Ninik Mamak, which was passed by the House. The writing Empirical Juridical approach, was supported by empirical juridical approach. Empirical juridical approach was done by collecting all the materials and data obtained from the field-related to the problems are examined. Registration of the customary (Ulayat) rights of the House is done by applying to the Head Office of land district/city. The filing listed on behalf of or Mamak Head Heirs using a waiver of physical mastery of parcels of the land that are signed by the Mamak Head Chiefs as Heir. The statement must be approved by the head of the tribe or Tribal King and Chairman of custom Density Nagari and known by Lurah/village chief concerned by attaching a document containing the names of the members of the House of at least three generations created by Mamak Chief Heir and known by the ruler of the tribe and the leader of the RIGHT. The registration of Customary House was expected to guarantee legal certainty for members of the House as a fellowship of customary law, because it is aimed at maintaining Customary Rights for indigenous Justice. Therefore, the customary land register of House in conceptional in touch with the land registry purposes, i.e. to guarantee legal certainty while also embodying a sense of Justice for indigenous citizens (members of the House). Keywords: Social Justice; Legal Certainty; The Registration of Ulayat Land.

scholarly journals Interpretation of The Legal Values and Justice in The Living Law Related To Court Decision

2021 ◽  
Vol 4 (1) ◽  
pp. 13-22
Author(s):  
Ismail Rumadan
Keyword(s):  
Transition Process ◽  
Formal Proof ◽  
Customary Law ◽  
Modern World ◽  
Community Based ◽  
Legal Norms ◽  
Proof Of Ownership ◽  
Customary Land ◽  
The Right ◽  
Practical Level

The performance of judges in deciding on a legal dispute that is faced is a work process looking for legal norms both in the legislation and legal norms that live in the community. Based on the results of the above studies it can be concluded that; at the practical level there are two approach models used by judges to examine and adjudicate a civil case related to the values and rules of customary law in society, namely an evolutionist approach which holds the view that indigenous peoples are a community with barriers in the process of integration into the modern world, so that this transition process must be guarded through legal procedures. This view has an effect on the pattern of approaches used in dealing with a case related to customary issues and norms living in the community, this approach in view of the formalistic legal approach influenced by the possibility of legism-positivism, so that in some cases the disputed adat the right to customary land in Papu the judge always put forward formal proof of ownership of letters explaining proof of ownership of a plot of land, so that many customary civil cases must be rejected by the Court because the Plaintiff or the defendant can not prove formally proof of ownership over the disputed land.  

scholarly journals Politik Hukum Penyelesaian Konflik Pengelolaan Konservasi yang Humanis

2019 ◽  
Vol 1 (2) ◽  
pp. 219-243
Author(s):  
Danggur Konradus
Keyword(s):  
Conflict Management ◽  
Indigenous Peoples ◽  
Conservation Law ◽  
Company Law ◽  
Customary Law ◽  
State Law ◽  
Conservation Areas ◽  
Conservation Area ◽  
Indigenous Law ◽  
The Right

This article discusses the phenomenon of mutual claims between state law and customary law in resolving conflict management conservation. In the conservation areas are several laws which claim to have the right to control and manage the area, namely state law, customary law, company law and so on. The centralistic legal politic in the Conservation Law now separates humans from their nature and has not yet integrated the local wisdom of indigenous peoples, so that it is far from the conservation law that is pro-indigenous, pro-justice, pro-poverty, and pro-local wisdom. Therefore, the legislative approach is not enough to overcome the complexity of the problem of conservation areas, but rather requires a holistic and progressive approach as an alternative solution. This article builds argumentation that integration of local wisdom in the legal politics of conservation area management is very necessary to maintain and manage human biodiversity and ecosystem areas. Social capital in indigenous law communities such as deliberation, honesty, harmony, not discrimination, is an important capital in overcoming various problems in resolving conflict management conservation. Abstrak Artikel ini membahas fenomena saling klaim antara hukum negara dan hukum adat dalam penyelesaian konflik pengelolaan konservasi. Dalam kawasan konservasi sendiri terdapat beberapa hukum yang saling mengklaim memiliki hak menguasai dan mengelola kawasan tersebut, yaitu hukum negara, hukum adat, hukum perusahaan dan sebagainya. Politik hukum konservasi yang sentralistis dalam UU Konservasi saat ini telah memisahkan manusia dengan alamnya dan belum mengintegrasikan kearifan lokal masyarakat hukum adat, sehingga jauh dari hukum konservasi yang pro masyarakat hukum adat, pro keadilan, pro kemiskinan, dan pro kearifan lokal. Oleh karenanya, pendekatan perundang-undangan saja tidak cukup untuk mengatasi kompleksitas masalah kawasan konservasi, melainkan memerlukan pendekatan holistik dan progresif sebagai alternatif penyelesaian. Artikel ini membangun argumentasi, integrasi terhadap kearifan lokal dalam politik hukum pengelolaan kawasan konservasi sangat diperlukan untuk memelihara dan mengelola kawasan keanekaragaman hayati dan ekosistem yang humanis. Modal sosial pada masyarakat hukum adat seperti musyawarah, kejujuran, rukun, tidak diskriminasi, merupakan modal penting dalam mengatasi pelbagai problem dalam penyelesaian konflik pengelolaan konservasi.

scholarly journals PERANAN PENGHULU TERHADAP HAK ULAYAT DI MINANGKABAU

2020 ◽  
Vol 6 (1) ◽  
pp. 161
Author(s):  
Eviandi Ibrahim
Keyword(s):  
Property Rights ◽  
Customary Law ◽  
Community Based ◽  
Application Of Law ◽  
Customary Rights ◽  
Conducting Research ◽  
Customary Land ◽  
The Right ◽  
Day By Day

Sumatra in general and Banuhampu District in particular the existence of customary rights is decreasing day by day both in terms of quantity and quality. The reduced existence of customary rights is because the customary rights have been traded by the legal community, in the case that Minangkabau customary law prohibits the sale and purchase of customary rights, this is stated in the customary kato "Jua indak eaten by bali, pawning indak eaten sando" means that ulayat rights can not be traded and transferred ownership to parties outside the legal community fellowship. Based on the above, the authors are interested in conducting research with the following problems: How are customary rights in Banuhampu District? What is the role of the leader / Pangatuo of the tribe / clan or the head of the inheritance of the ulayat rights in Banuhampu? What is the solution taken to defend the existence of customary rights in Banuhampu District? This research is juridical-social, because the researcher will examine how the application of law, namely customary law, in the development of the existence of customary rights among the Banuhampu community. Based on the discussion that the author puts forward, the following conclusions can be drawn: Whereas Customary Land (Ulayat) Currently its existence in Banuhampum can still be maintained. Even though it's been much less. This can be proven that until now the Legal Alliance in the Customary Law Community, namely Nagari, Tribe, Kaum, are still alive and existent, and each Legal Alliance still has customary rights although both in terms of quantity and quality have decreased. Whereas Ninik mamak / Penghulu / Pangatuo Suku / Kaum is a person who plays a very big role in the midst of his community / association, because ninik mamak has the right and obligation to take care of his children and nephews along with their communal customary rights, and has the obligation to preserve their customary rights. Whereas the customary rights must be maintained, because the ulayat rights are the identity of the association and the ulayat rights are not property rights, therefore the ulayat rights are prohibited from being transferred or sold.

scholarly journals Penyelesaian Sengketa Tanah Pekarangan Desa di Desa Adat Sulahan Kecamatan Susut Kabupaten Bangli

2020 ◽  
Vol 1 (2) ◽  
pp. 78-83
Author(s):  
I Putu Ade Surya ◽  
I Made Suwitra ◽  
I Ketut Sukadana
Keyword(s):  
Human Life ◽  
Economic Value ◽  
Customary Law ◽  
Legal Research ◽  
Land Dispute ◽  
Land Disputes ◽  
Close Relationship ◽  
The Law ◽  
Customary Land ◽  
The Right

Land in human life has a very important role because it is a source of welfare, prosperity and life. In addition, land has a close relationship with humans because land has economic value for human life and can produce natural resources for many people. There are 2 (two) rights to land in customary law, namely the right to land controlled by individuals and the right to land controlled by customary law communities or customary land. Based on this, the formulation of the problem can be taken as follows: (1) How is the existence of the village yard land in the awig-awig of Sulahan Traditional Village, Susut District, Bangli Regency? (2) How is the settlement of a village yard land dispute case in the Sulahan Traditional Village, Susut District, Bangli Regency? The research method used is empirical legal research, namely legal research which functions to see the law in a real sense and to examine how the law works in society. The approach to the problem used is in the form of a sociology of law approach, which is a legal research that examines legal facts that exist in society. The results showed that the settlement of village yard land disputes in the Sulahan Traditional Village was usually resolved by kinship with Bendesa Adat acting as the mediator. Mediation carried out by Prajuru of Sulahan Traditional Village in resolving village yard land disputes that occurred in Sulahan Traditional Village was carried out at Pura Desa Sulahan. The purpose of the mediation was carried out at the Sulahan Village Temple because of its strategic location. Before conducting mediation, the Prajuru Desa Adat and the disputing parties will hold a prayer first so that the mediation can run smoothly so that there are no disputes.

scholarly journals PROCUREMENT OF ULAYAT LAND FOR SUBSIDED HOUSING DEVELOPMENT IN HARAU DISTRICT LIMA PULUH KOTA REGENCY

2021 ◽  
Vol 7 (1) ◽  
pp. 121
Author(s):  
Inggir Deviandari ◽  
Kurnia Warman ◽  
Zefrizal Nurdin
Keyword(s):  
Limited Liability ◽  
Subsidized Housing ◽  
Customary Law ◽  
Land Acquisition ◽  
Land Registration ◽  
Communal Land ◽  
The Status ◽  
The Law ◽  
Customary Land ◽  
The Right

Ulayat rights are the rights that owned by a legal alliance, where the citizens of the community have the right to control the land. The Regional Regulation of West Sumatra Province, Article 2 paragraph (1) Number 6 of 2008 concerning Communal Land and Its Utilization states that the main principle of customary land is permanent based on the Minangkabau traditional philosophy “jua ndak makan bali, gadai ndak makan sando” (shall not bargaining; may not be pawned). The provisions of the regulation state that ulayat land may not be traded and may not be pawned, its ownership status may not change, except for importunate situation and condition, namely maik tabujua dalam rumah (for the death of family member), gadih gadang ndak balaki (wedding), rumah gadang katirisan (misfortune), mambangkik Batang tarandam (efforts to enforce). Land acquisition for the construction of subsidized housing is not a land acquisition according to Law Number 2 of 2012 concerning Land Procurement for Public Interest. The formulation of the problems discussed are first, the process of acquiring communal land for the construction of subsidized housing in Harau District, Lima Puluh Kota Regency, secondly the land registration process after the acquisition of customary land occurs, thirdly the legal consequences of acquiring customary land used for the construction of subsidized housing in Harau District, Lima Regency. Dozens of Cities againts customary law communities. This study uses an empirical juridical approach with the aim of finding out whether the law in the book is in accordance with the law in action. The results of the research study indicate that the process of acquiring communal land for the construction of subsidized housing is carried out by buying and selling. The construction of subsidized housing is managed by a legal entity in the form of a Limited Liability Company. The status of land ownership is just as the user of the facility that called with Hak Guna Bangunan

Lying in Early Modern English Culture

2017 ◽  
Author(s):  
Andrew Hadfield
Keyword(s):  
Early Modern ◽  
Cultural History ◽  
Identity Politics ◽  
Social Life ◽  
Thomas More ◽  
Early Modern English ◽  
Wide Range ◽  
Constant Feature ◽  
The Right ◽  
English Culture

Lying in Early Modern English Culture is a major study of ideas of truth and falsehood from the advent of the Reformation to the aftermath of the Gunpowder Plot. The period is characterized by panic and chaos when few had any idea how religious, cultural, and social life would develop after the traumatic division of Christendom. Many saw the need for a secular power to define the truth; others declared that their allegiances belonged elsewhere. Accordingly there was a constant battle between competing authorities for the right to declare what was the truth and so label opponents as liars. Issues of truth and lying were, therefore, a constant feature of everyday life, determining ideas of identity, politics, speech, sex, marriage, and social behaviour, as well as philosophy and religion. This book is a cultural history of truth and lying from the 1530s to the 1610s, showing how lying needs to be understood in practice and theory, concentrating on a series of particular events, which are read in terms of academic debates and more popular notions of lying. The book covers a wide range of material such as the trials of Anne Boleyn and Thomas More, the divorce of Frances Howard, and the murder of Anthony James by Annis and George Dell; works of literature such as Othello, The Faerie Queene, A Mirror for Magistrates, and The Unfortunate Traveller; works of popular culture such as the herring pamphlet of 1597; and major writings by Castiglione, Montaigne, Erasmus, Luther, and Tyndale.

How Not to Go Beyond Marx: A Reply to Worrell and Krier

2016 ◽  
Vol 44 (2) ◽  
pp. 241-257 ◽  
Author(s):  
Tony Smith
Keyword(s):  
Social Theory ◽  
21St Century ◽  
Social Life ◽  
Capitalist Society ◽  
Critical Social Theory ◽  
Sociological Analysis ◽  
General Direction ◽  
Fatal Flaw ◽  
The Right ◽  
Political Imaginary

Worrell and Krier’s ‘Atopia Awaits! A Critical Sociological Analysis of Marx’s Political Imaginary’ raises serious issues regarding Marx’s legacy. They hold that a fatal flaw in Marx’s framework can be detected in his account of a post-capitalist society, which reveals a theoretically impoverished and politically dangerous neglect of essential features of social life. I argue that there are good reasons to reject Worrell and Krier’s thesis that Marx got immensely important things horribly wrong. Marx’s limited remarks on post-capitalist society are certainly inadequate in numerous respects. However, they point in the right general direction, and Worrell and Krier fail to offer a satisfactory alternative. The prospects for a critical social theory adequate to the immense challenges of the 21st century would be harmed if their readers agreed with the paper’s main thesis.

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals Evaluation of the Possible Integration of Uzbekistan into the EAEU with Reference to the Country’s Joining the WTO

2020 ◽  
Vol 5 (5) ◽  
Author(s):  
Odil Olimovich Olimjonov
Keyword(s):  
Member State ◽  
Place Of Residence ◽  
Right To Work ◽  
The Law ◽  
The Right

The introduction of a favorable visa regime for Uzbeks will make it easier for them to move not only to work in the union, but also to live. This will allow Uzbekistan, which has a relatively dense demographic position, to effectively distribute its population across the Union countries. In addition, Uzbeks will become full members of citizens, working on equal terms and with the same rights as citizens of other countries. For example, citizens of a member state of the EAEU have the right to work without obtaining a patent, that is, without paying a patent fee. However, they are required to undergo temporary registration (registration) at the place of residence. Of course, it is the law of every country that any person (even as a tourist) must inform the appropriate authorities about their place of residence. The exemption from the payment of patent fees in many respects requires cooperation with the union.

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