scholarly journals HAK ULAYAT MASYARAKAT HUKUM ADAT DAN HAK MENGUASAI NEGARA DI TAMAN NASIONAL RAWA AOPA WATUMOHAI

2018 ◽  
Vol 30 (1) ◽  
pp. 63
Author(s):  
Sahrina Safiuddin

AbstractCommunal right cannot implemented even legality of that was recognized. This research want to know the concept and implentation of arrangement about relationship of communal right and the right of controlling of the state in Rawa Aopa Watumohai National Park. This research is an empirical law. The results are Firstly, concepts regulation of relations communal rights of indigenous people and to the right control of the state contained in Article 33 paragraph (3) NRI 1945 Constitution. Secondly, to implementing the right still have to wait stipulation from the National Parks in this case related to the central government as the implementing authority. IntisariHak ulayat tidak selalu dapat diimplementasikan meskipun memiliki dasar pengakuan hukum. Penelitian ini untuk mengetahui konsep pengaturan dan implementasi dari hubungan antara hak ulayat dengan hak menguasai Negara di Taman Nasional Rawa Aopa Watunohai. Penelitian ini penelitian hukum empiris. Hasil penelitian adalah pertama, konsep pengaturan hak ulayat dan hak menguasai negara diatur Pasal 33 ayat (3) UUD NRI 1945. Kedua, implementasi hak ulayat ditentukan pihak Taman Nasional terkait dengan pemerintah pusat sebagai pelaksana wewenang/kekuasaan dari negara.

2013 ◽  
Vol 7 (2) ◽  
pp. 11 ◽  
Author(s):  
Maria Teresa Sierra

La policía comunitaria es una institución de los pueblos indígenas de Guerrero conocida por su capacidad para enfrentar a la delincuencia y generar alternativas de paz social., através de un sistema de justicia y seguridad autónomo. En los últimos años, sin embargo, el sistema comunitario enfrenta el acoso de actores diversos vinculados al incremento de la violencia y la inseguridad que se vive en el país y especialmente en el estado de Guerrero; dicha situación está impactando a la institucionalidad comunitaria, obligando a su redefinición. En este trabajo destaco aspectos centrales de dicha conflictividad así como las respuestas que han dado los comunitarios para hacer frente a las tareas de justicia y seguridad en el marco de nuevos contextos marcados por el despojo neoliberal y la impunidad de actores estatales y no estatales. En este proceso se actualiza la relación de la policía comunitaria con el Estado revelando el peso de la ambigüedad legal y los juegos del poder así como los usos contra-hegemónicos del derecho para disputar la justicia. ---SEGURANÇA E JUSTIÇA SOB ACOSSO EM TEMPOS DE VIOLÊNCIA NEOLIBERAL: respostas do policiamento comunitário de GuerreroO policiamento comunitário é uma instituição dos Povos Indígenas do Guerrero conhecidos por sua capacidade de lidar com o crime e gerar paz social de forma alternativa, usando um sistema próprio de justiça e segurança. Nos últimos anos, no entanto, o sistema da UE enfrenta assédio de várias autoridades envolvidas no aumento da violência e da insegurança que reina no país e, especialmente, no estado de Guerrero; essa situação está afetando as instituições comunitárias, forçando a sua redefinição. Neste artigo, destaco os principais aspectos do conflito e as respostas que têm a comunidade para lidar com as tarefas da justiça e da segurança no contexto dos novos contextos marcados por pilhagem neoliberal e a impunidade de atores estatais e não estatais. Neste processo, a relação de policiamento comunitário com o estado é atualizada, revelando o peso da ambiguidade e dos jogos de poder legais, além de usos contra-hegemônicos do direito de disputar a justiça.Palavras-chave: violência neoliberal; Guerrero; comunidades indígenas---SECURITY AND JUSTICE UNDER HARASSMENT IN TIMES OF NEOLIBERAL VIOLENCE: responses of the Community Police of GuerreroThe community police is an institution of the Indigenous Peoples of Guerrero known for its ability to deal with crime and generate alternatives for social peace, using a system of justice and self security. In recent years, however, the EU system faces harassment from various people responsible for the increase of violence and insecurity within the country and especially in the state in Guerrero; this situation is impacting instituitions in the community, forcing their redefinition. In this paper I highlight key aspects of the conflict and the community's responses to deal with the tasks of justice and security in new contexts marked by neoliberal plunder and impunity of the state (as well as non state figures). In this process, the relationship of the community police with the state is updated revealing the weight of legal ambiguity and power plays, as well as counter-hegemonic use of the right to dispute justice.key words: neoliberal vilence; Guerrero; indigenous people.


2019 ◽  
Vol 23 (1) ◽  
pp. 59
Author(s):  
M. Yusuf ◽  
Syafrial Syafrial

The change in designation of Bukit Duabelas area into Bukit Duabelas National Park in Jambi province raises a conflict between the national park official who was ruling the zonation system in the national park and the Orang Rimba people who have lived there for many years. The decision of the protected area aims to preserve the life and culture of Orang Rimba. However, zoning rules in the field are interpreted as an effort to limit space and access to the forest resources for Orang Rimba who have traditionally utilized them. This research uses a case study approach to explore the dynamics of conflict on the protected area. The results of the study show that conflicts in national park management are very dynamic because of shifting disagreement about the protection area. The conflicts began with debates about the zoning system which led into the fight for access to the park resources which were contested over the concept of national parks and customary forests. This paper argues the battle over the national park was not only about contested natural resources but also was a fight for authority and power between the state and indigenous people over the concept of park management.


Author(s):  
Terence Young ◽  
Alan MacEachern ◽  
Lary Dilsaver

This essay explores the evolving international relationship of the two national park agencies that in 1968 began to offer joint training classes for protected-area managers from around the world. Within the British settler societies that dominated nineteenth century park-making, the United States’ National Park Service (NPS) and Canada’s National Parks Branch were the most closely linked and most frequently cooperative. Contrary to campfire myths and nationalist narratives, however, the relationship was not a one-way flow of information and motivation from the US to Canada. Indeed, the latter boasted a park bureaucracy before the NPS was established. The relationship of the two nations’ park leaders in the half century leading up to 1968 demonstrates the complexity of defining the influences on park management and its diffusion from one country to another.


Author(s):  
Alasdair Roberts

This chapter examines the second dilemma in the design of governance strategies, which relates to strictness of control. Leaders must choose whether to monitor and regulate behavior loosely or intensively. This is certainly true with regard to control of the everyday conduct of citizens through surveillance and policing. A similar choice must be made in the economic sphere, between a command economy and free markets. And the dilemma arises again within the apparatus of the state itself. For example, central government must decide whether to exercise more or less supervision over lower levels of government. Moreover, within each level of government, political leaders must decide whether to give more or less autonomy to bureaucrats charged with implementing their policies. In all of these contexts, similar calculations about the right measure of control must be made.


2019 ◽  
pp. 233
Author(s):  
Dian Kartika Santoso ◽  
Antariksa Antariksa ◽  
Sri Utami

A review of cultivation changes in agricultural landscapes in the enclave village of Bromo TenggerSemeru National Park, Ngadas, Malang Regency Ngadas village is one example of an agricultural villagelocated in the mountains. Ngadas village is located in the enclave of Bromo Tengger Semeru National Park(TNBTS) in the Malang Regency, East Java. The dependence of the community on agricultural land makesNgadas have a strong agrarian image. Ngadas people do more activities in the fields than in the house. Asbasic landscape units in the form of mountains, they have a vulnerability if not used wisely. The problem ofvulnerability to erosion in the agricultural landscape, makes Ngadas Village interesting to study. Primarily,regarding the relationship of landscapes and land conservation efforts that must be made to a complexagricultural landscape. Therefore, there is a need for research that focuses on efforts to conserve land, especially in an agricultural landscape. Research is conducted through qualitative methods with spatial andqualitative descriptive comparative analysis. The results of the study show that changes in farming methodshave several disadvantages that can cause land degradation and reduced productivity in each period, includingthe shifting cultivation system to reduce nutrients, upper slopes planted with tubers and monoculture agriculture.Therefore, it is necessary to have the right recommendations, namely planting upper slopes with hard woodplants, planting with polyculture systems, and agroforestry systems applied on the upper slopes.


2021 ◽  
Vol 4 (1) ◽  
pp. 358-364
Author(s):  
Wahyu Krisnanto

The purpose of this research was to find out the contribution of Balai Besar Bromo Tengger Semeru National Park (TN-BTS) from the utilization of tourism in TN-BTS to the Tengger indigenous people as the original owner of the Bromo-Tengger Semeru area as well as to know the solutions that can be done by the Balai Besar TN-BTS to contribute in improving the welfare of Tengger indigenous people living in the national park. This research is qualitative research with an explanative approach, where the interviewed informants were selected using a purposive sampling technique and analyzed with ethnographic analysis techniques. From the results of the research, it is known that Balai Besar TN-BTS has conducted a program of development and utilization of national parks for tourism object activities as well as community empowerment as a form of direct contribution to the improvement of the welfare of Tengger indigenous peoples. However, both development programs have not been able to answer the priority needs of Tengger indigenous peoples. The limitations of authority and main functions owned by Balai Besar TN-BTS become an obstacle for them to be able to contribute to the improvement of the welfare of Tengger indigenous peoples. As a strategic effort so that Balai Besar TN-BTS can contribute directly to the improvement of the welfare of Tengger indigenous people who live in the village within the National Park zone is to share the revenue of National park tourism activities. However, this strategic effort needs to be accompanied by a change in the status of Balai Besar which was originally the Technical Implementation Unit (UPT) of the Minister of Environment and Forestry to the Public Service Agency (BLU).


1986 ◽  
Vol 26 (1) ◽  
pp. 73
Author(s):  
R.A. Laws

The mineral and petroleum industry has played a vital role in the development of South Australia, historically, culturally, and economically. In 1985 more than $1 billion worth of production contributed over $50 million in royalties to the state's revenues plus a range of taxes to the Commonwealth. Other benefits included infrastructure establishment, employment, and the training and development of expertise in the workforce.Access to the land surface for exploration is vital if the state's subsurface resources are to be discovered and developed. Over the past ten years, however, there has been a major increase in limitations on access to land for exploration in South Australia. Currently, access to 29 per cent of the state is restricted to some extent, mostly due to National Parks, Aboriginal land, and both Commonwealth and State heritage legislation. Proposals are in hand which could result in the restricted area increasing to over 40 per cent.Less than 0.1 per cent of the area of the state has been directly involved in resource exploration and development. Despite this, and despite successful introduction of codes of practice to limit the effect of exploration activities and to speed rehabilitation of access tracks and drillsites, the industry is generally and erroneously perceived to be a major land user. This is evidenced in community attitudes and reflected in recent legislation. A greater effort is required to ensure that exploration is not stifled by excessive limitations on the right of access to land.


Author(s):  
GERTRUDE HIMMELFARB

This chapter highlights the differences between the British and French Enlightenments by focusing upon a subject that has not received much attention: the distinctive social ethics in the two traditions. The political and institutional reasons for the disparities between the two Enlightenments include the differing relationship of the monarchy to the aristocracy in the two countries, of the aristocracy to the middle classes, of the central government to local government, and of the state to the church. No less important, however, were the philosophical differences. Where the British idea of compassion lent itself to a variety of practical, meliorative policies to relieve and improve social conditions, the French appeal to reason could be satisfied with nothing less than the ‘regeneration’ of man.


Author(s):  
Sean Parson

Chapter 5 turns to the activism and politics of anarchist homeless activists in resisting the city’s attempts to exclude the homeless. I turn to two important political theorists to make sense of the resistance of Food Not Bombs: Jacques Rancière and Eduardo Glissant. Rancière’s short piece “Ten theses on politics” provides a powerful understanding of the way that disruptive actions and resistance expand political space, while Glissant’s idea of right to opacity examines the complex relationship of violence, power, and visibility. The chapter argue that the homeless have a right to opacity from the state, and state surveillance, and that the homeless should only be as visible as they want to be. This means that public occupations, political protests, and public meals are legitimate forms of visibility, which respect the right of the homeless to be opaque, while programs such as San Francisco’s Matrix plan are a coercive form of violence.


2006 ◽  
Vol 12 (1) ◽  
pp. 33-43 ◽  
Author(s):  
John Loomis ◽  
Lynne Caughlan

This paper investigates the empirical importance of distinguishing visitors and their expenditures by trip purpose when estimating the tourism effects of a national park on a local economy. Accounting for trip purpose is quite important when there are two or more nearby major attractions in the same geographical area. This applies to the author's case study of Grand Teton and Yellowstone National Parks in the State of Wyoming, and also to other areas, such as the State of Utah's Bryce and Zion National Parks or amusement parks in the Orlando area in Florida. The authors illustrate the various types of survey questions and methods for correcting for trip purpose. In the case study, it would be quite misleading to attribute all spending by visitors to Grand Teton National Park (GTNP) in the town of Jackson, Wyoming, solely to GTNP because this would overstate employment actually attributable to the park by 3,455 jobs, or 22%. In turn, this overestimates the dependence of jobs in the Jackson economy on GTNP by 15%, incorrectly estimating it at 75% rather than the sounder figure of 60% of total jobs.


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