scholarly journals Tradisi Kawin Tangkap (Piti Rambang) Suku Sumba di Nusa Tenggara Timur

2021 ◽  
Vol 2 (3) ◽  
pp. 656-660
Author(s):  
Elanda Welhelmina Doko ◽  
I Made Suwitra ◽  
Diah gayatry Sudibya
Keyword(s):  
Indigenous People ◽  
Final Stage ◽  
Customary Law ◽  
Economic Factors ◽  
Forced Marriage ◽  
Social Violence ◽  
Positive Law ◽  
Patriarchal Culture ◽  
Level Of Understanding ◽  
Legal Sociology

The tradition of capture marriage (Pitti Rambang) of the Sumbanese tribe in East Nusa Tenggara still exists and is carried out continuously with the forced marriage of Sumba women which causes the victim to experience physical, sexual, psychological and social violence. That a strong and inevitable tradition in the culture of the Sumbanese people, who still have a patriarchal culture, upholds customs and this culture facilitates the men. The purpose of this study was to examine the existence of the tradition of mating capture (Pitti Rampang) of the Sumbanese tribe in East Nusa Tenggara and to discuss the factors that influence interbreeding. The methods in this research are the statutory approach, the customary law approach, the concept approach, the legal sociology approach, and the case approach. The results showed that the occurrence of capture marriages (Pitti Rambang) was due to economic factors related to debt, social strata, trust and the level of understanding of the Sumbanese indigenous people towards positive law and the settlement process in this capture marriage was carried out through adat, namely from the stages of search, close the shame, knock on the door, traditional mats, religion (for those of other religions outside the Moruyu belief) until the final stage.

scholarly journals THE POSITION OF DAUGHTERS IN BALINESE CUSTOMARY INHERITANCE SYSTEM FROM GENDER EQUALITY PERSPECTIVE

2021 ◽  
Vol 5 (2) ◽  
pp. 186
Author(s):  
Ni Made Sumerti Asih ◽  
Made Emy Andayani Citra
Keyword(s):  
Gender Equality ◽  
Indigenous People ◽  
Customary Law ◽  
Economic Rights ◽  
Men And Women ◽  
Patriarchal Culture ◽  
Kinship System ◽  
Inheritance System ◽  
Higher Power ◽  
Economic Control

The equality of men and women in the inheritance system is a concern in the development of Balinese customary law. Basically, Balinese indigenous people adhere to a patrilineal kinship system. As a consequence, the line is drawn from the father and the heirs are only boys, while girls can only enjoy the assets of their parents as long as they are not married. This condition certainly reduces women's access to economic rights. Whereas, the economic control is very important in life. In this research, two issues are discussed, namely the inheritance system according to Balinese customary law and the struggle for gender equality through the position of women as heirs. Decree of the Pesamuhan Agung Majelis Utama Desa Pakraman Bali Number 01 / KEP / PSM-3 / MDP Bali / X / 2010, dated October 15, 2010 provides opportunities for girls to become heirs with limited provisions. Even so, the position of women as heirs in Balinese customary law is still difficult to be implemented. This is due to a very strong patriarchal culture that places men in higher power relations. 

BUNUK: PENGETAHUAN DAN PRAKTEK ATONI-METO DALAM TATA KELOLA HUTAN

2019 ◽  
Vol 10 (1) ◽  
pp. 83-96
Author(s):  
Yohanes Victor Lasi Usbobo
Keyword(s):  
Forest Management ◽  
Indigenous People ◽  
Sustainable Forest Management ◽  
Customary Law ◽  
Environmental Damage ◽  
Technical Knowledge ◽  
Community Members ◽  
The Earth ◽  
Knowledge And Practice ◽  
West Timor

The implementation of todays forest management that based on formal-scientific knowledge and technical knowledge seems to fail to protect the forest from deforestation and the environmental damage. Decolonialisation of western knowledge could give an opportunity to identify and find the knowledge and practices of indigenous people in sustainable forest management. Forest management based on the indigenous knowledge and practices is believed easy to be accepted by the indigenous community due to the knowledge and practice is known and ‘lived’ by them. The Atoni Pah Meto from West Timor has their own customary law in forest management that is knows as Bunuk. In the installation of Bunuk, there is a concencus among the community members to protect and preserve the forest through the vow to the supreme one, the ruler of the earth and the ancestors, thus, bunuk is becoming a le’u (sacred). Thus, the Atoni Meto will not break the bunuk due to the secredness. Adapting the bunuk to the modern forest management in the Atoni Meto areas could be one of the best options in protecting and preserving the forest.

scholarly journals Historical evolution of the judicial system of Ancient Russia in the aspect of customary law

2021 ◽  
pp. 126-131
Author(s):  
Nan Gong ◽  
I. I. Fedorov
Keyword(s):  
Coercive Force ◽  
Legal System ◽  
The State ◽  
Judicial System ◽  
Customary Law ◽  
Positive Law ◽  
Feudal Society ◽  
Self Defense ◽  
Primitive Society ◽  
The Social

The formation of the Russian procedural legal system is closely connected with its unique historical evolution. Russian Russian culture According to the Norman theory of the origin of the Russian nation, the Scandinavian culture is the most important source of early Russian culture. During the chaotic period of the tribe at the stage of primitive society, the Norman Varian was invited to Russia to reconcile the tribes of Russia and manage them, and this brought the Germanic custom to regulate the socio-economic and legal relations of various tribes. Since the formation of the ancient state of Russia, the ruling class has constantly strengthened the drafting of new laws and regulations, but customary law still dominates the legal system of the state. At the same time, ordinary norms in the system of customary law as a quasi-legal norm between morality and law have become an integral organic component of social customs and norms at all stages of Russian social development.During the period of Ancient Russia, the common custom of the Slavic people and the Norman Customary Law had a profound impact on the social life of ancient Russia. From the beginning of the 9th to the 17th century, customary law existed as the main legal source for regulating social relations in the late period of the development of Russian primitive society and in the earlier time of feudal society. His coercive force was based on the conviction that was widespread in the social community during this period, that is, "existing customs denote a reasonable basis". With the formation of the East Slavic state, the rulers began to work on drafting new legal norms, but inheritance is still mainly based on customs based on the clan system. As a result, as a rule of conduct recognized and guaranteed by the state, traditional customs gradually acquired a legal nature, and after that, positive law was formed. "Russkaya Pravda" is the most representative legal collection in the early years of the Russian feudal society, "The Truth of Ross", which was compiled according to the customs of the Eastern Slavs, and is the very fi rst positive law of ancient Russia.Before the appearance of formal law, customary law always played a role and coercive force as legislation, but the self-defense and insane methods of revenge obtained from it also caused social unrest. In order to stop personal self-defense and self-arbitrariness, as well as to strengthen ties between different regions, it is necessary to use the power of common law to unite the Principality into a whole. Although the new law does not exclude the original good customary norms, if there are no necessary penalties for violations, it will be destructive for the law. Therefore, it is necessary to give customary law a legal meaning and a compelling force, without changing the existing content of customary law.I must say that the German customs and the traditional customs of the Slavic people are intertwined in the historical codifi cation of Russian procedural law, forming a unique historical path of development of the procedural legal system of ancient Russia. Although national customs were recognized by the state in the form of positive law with the help of " Russian Truth”, and became the norm of justice and social norm on the basis of the guarantee of national coercive force, but this did not change the essence of customary law, but the form of positive law was given to it. As the modernization of the Russian judicial system moves into modern times, generations of legislators and lawyers are focusing on the study of national legal traditions and history, trying to discover the natural laws governing the development of the Russian legal system, and are constantly trying to make progress in the modern and modern process of judicial reform. The harmony of legislation, the borrowing of laws and national customs to a certain extent ensured a reasonable adjustment of national laws and norms of customary law.

scholarly journals HAK ATAS TANAH ADAT DAN PERMASALAHANNYA

GANEC SWARA ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 120
Author(s):  
WAYAN RESMINI
Keyword(s):  
Human Life ◽  
Customary Law ◽  
Religious Leaders ◽  
Educational Approach ◽  
Economic Rights ◽  
Positive Law ◽  
The People ◽  
Land Disputes ◽  
Objective Understanding ◽  
Customary Land

Land for human life contains a multidimensional meaning, both in terms of social, economic, political and sacred aspects. Because it has a multidimensional meaning, unquestionably every person who owns land will defend his land in any way if his rights are violated.     Land disputes are not a new thing happening in the community. But the dimension of disputes is increasingly widespread in the present, including customary land in its development also has a new value, besides as a means of production, also as a means to speculate (economy) that land has become a commodity where economic transactions take place with expectations of margin (financial) trade in exchanged commodities.     Issues of customary land with a formal juridical approach will not achieve effective results. Law not merely customary is expected to overcome land problems that are so complex and too related to the application of existing laws and regulations. This is needed support with various efforts to ensure the fulfillment of the economic rights of the people, so that at least similar demands can be minimized in the future. In addition, a synergy of positive law in the land sector is needed with customary law in the community, namely (1) an objective understanding of State land, communal land and land rights is needed in the context of customary law and positive law. (2) The approach taken is a persuasive-educational approach and not imposing unilateral will. (3) the need for a cultural religious approach, which can be implemented through three (3) leadership elements, namely traditional leaders, religious leaders, and formal leaders who truly understand traditional law and positive law (UUPA and implementing regulations)

scholarly journals Masjid Kuno di Pulau Haruku Propinsi Maluku (Kajian Sejarah, Bentuk dan Fungsi)

2016 ◽  
Vol 14 (1) ◽  
pp. 1
Author(s):  
Alfan Firmanto
Keyword(s):  
Indigenous People ◽  
Customary Law ◽  
Dominant Factor ◽  
Floor Plan ◽  
Sharia Law ◽  
Culture Influence ◽  
On This Island ◽  
History Of

The history of Islamic development on the Haruku island, cannot be separated from the role of Muslim leaders or scholars who came from the Java. Evidence of the influence of Islam in Java can be seen from the architecture of the mosque on this island which takes the form of mosques of Wali in Java. This influence can also be seen from the shape of the terraced roof and floor plan of the mosque is square, which suggests a very strong Javanese mosque architecture. Nevertheless Javanese culture influence on the structure of society in Haruku is not always visible. The mosque on the island Haruku, not only serves as a place of worship, but also has other functions, namely as a symbol of communion between state and customs , as well as a symbol of the existence of an indigenous people. Customary law is a stronger influence than the main sharia law in Rohomoni. This study concludes that the Mosque has developed a more dominant factor as a customary symbol than a religious building. Keywords : Ancient Mosque, Haruku, Ambon, Islam, Indonesia. Sejarah perkembangan agama Islam di pulau Haruku Ambon tidak bisa dilepaskan dari para tokoh ataupun ulama yang berasal dari pulau Jawa. Bukti pengaruh Islam dari Jawa dapat dilihat dari bentuk arsitektur masjid di pulau tersebut yang mengambil bentuk dari masjid-masjid Wali di Jawa. Terlihat dari bentuk Atapnya yang bertumpang dan denah masjid yang berbentuk bujur sangkar, dari segi ini pengaruh arsitektur masjid Jawa sangat kuat. Meskipun demikian secara adat dan budaya tidak terlihat pengaruh budaya Jawa pada struktur masyarakat di Haruku. Masjid di pulau Haruku, tidak sekedar berfungsi sebagai tempat ibadah, tetapi mempunyai fungsi lain yaitu sebagai simbol persekutuan antar negeri dan adat, juga sebagai simbol eksistensi sebuah masyarakat adat. Pengaruh hukum Adat lebih kuat daripada hukum syariat utamanya di negeri Rohomoni. Sehingga terkesan Masjid lebih dominan digunakan sebagai simbol adat daripada bangunan ibadah. Kata Kunci : Masjid Kuno, Haruku, Ambon, Islam, Indonesia.

scholarly journals The THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY

2019 ◽  
Vol 4 (1) ◽  
pp. 125-127
Author(s):  
Widhiana Hestining Puri
Keyword(s):  
Property Rights ◽  
Land Tenure ◽  
Land Reform ◽  
Agrarian Reform ◽  
Customary Law ◽  
Regulation Mechanism ◽  
Individual Property ◽  
Positive Law ◽  
Community Regulation ◽  
The Village

THE CONCEPT OF THE LAND REFORM IN CUSTOMARY LAW OF THE JAVANESE COMMUNITY   Widhiana H. Puri Phd Student at Law Fakulty of Gadjah Mada University and Lecture in National Land Academy, Indonesia. Email [email protected] Research Highlights   Land reform is a state effort to overcome the imbalance of land tenure in the community (Wiradi, 2000 # 1). Customary law in the Javanese community recognizes the existence of a mechanism of welfare distribution through the ownership and joint use of land in community togetherness bonds based on territorial factors as well as the concept of land reform. The existence of customary land as pekulen land is land owned by the village whose use rights can be requested by the villagers with a rotating utilization mechanism among the villagers in need (Luthfi, 2010 # 2). The study found that indigenous peoples in Java had a welfare distribution mechanism that was the essence of land reform or agrarian reform through a mechanism of land communalization and distribution of its use carried out on a shared land / communal land of the village in rotation.     Research Objectives This research was conducted in order to understand the phenomena of the implementation of law that developed in the community. The existence of community law or so-called non state law, informal law, or customary law in Indonesia is very numerous. The reality of this law is that the majority is still far from the attention and order of a positive and formal state legal arrangement. The community regulation model is an effort to meet the needs of its legal ideals in the midst of limited state positive law arrangements that tend to be more static and less responsive (Puri, 2017 # 16). The community regulation mechanism is a manifestation of unity in the village community where the distribution of land use is carried out among community members who have a concept in line with the national agrarian policy of the country called land reform. The regulatory model initiated from the local level becomes the learning material for how the land regulation mechanism is not always top down, but can be bottom up based on customary law that is proven effective and in accordance with the characteristics of the local community.     Methodology This research was carried out through an empirical legal research model with research locations in villages in Pituruh Subdistrict, Purworejo Regency, Central Java Province. This research is a kind of analytical descriptive research that is directed to get an idea of ​​how the implementation of Javanese traditions in land management has a concept similar to land reform or agrarian reform. In order to analyze existing traditions, a socio-legal approach is carried out, namely a study of the law using the approach of law and social sciences in order to analyze it (Irianto, 2012 # 17). The legal approach referred to is not only to see aspects of norms that are built on the provisions of customary law alone but by looking at their relevance to the regulation of the positive law of the country as the territory of the enactment of the community regulation. This is to see the common thread and the interrelationship between the two and avoid the release of the phenomenon of legal pluralism that is within the scope of national law. So that the legal norms of the community can be assessed as the model of regulation that can be applied in other regions.     Results Javanese people in Indonesia have a land regulation mechanism that has a concept similar to that of land reform or agrarian reform by the state. The customary law of the Javanese community has a common bond based on territorial factors or similarity in the area of ​​residence (Taneko, 2002 # 11). Customary law communities with their customary rights can own and control land both in the concept of individual property rights and communal / communal property rights. The concept of shared property / communal rights illustrates the existence of ownership rights by all members of the community embodied in village control (Susanto, 1983 # 18). One form of joint ownership is the right of possession which can be controlled by community members with the permission of the village government to be used for the benefit of themselves and their families with a rotating mechanism. At present, land is experiencing strengthening and individualization, but the character of togetherness and social function of land is maintained through the distribution of utilization rights of speculative land which has the status of individual property rights, in village settings.     Findings Land reform or agrarian reform is a land policy that aims to overcome the imbalance of land tenure through the distribution of land to people in need. Land reform or agrarian reform can be extended not only to the concept of distribution of land ownership but also to the control and use of land. The limitations of the number of land parcels and the need for land can be overcome through a model of tenure and shared use of land based on the concept of joint property / communal rights over land.    

scholarly journals Antara Hukum Islam dan Adat; Sistem Baru Pembagian Harta Warisan

2020 ◽  
Vol 5 (2) ◽  
pp. 166-180
Author(s):  
Fatahuddin Aziz Siregar
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Field Research ◽  
Customary Law ◽  
Total Change ◽  
Positive Law ◽  
The Supreme Court ◽  
The Status ◽  
Using Data ◽  
Adat Law

The South Tapanuli community adopts a patrilineal kinship system so that women do not get inheritance, even if there is acquisition of property, women receive it not in their capacity as heirs but in the form of holong ni ate as confirmed in the Supreme Court Jurisprudence number 506K / Sip / 1968 dated January 22, 1969 However, on the other hand the Tapsel community underwent a process of Islamization that was quite deep, so that the customary law of South Tapanuli was also influenced by positive law including Jurisprudence which gave heir to girls later issued by the Supreme Court number 528K / Sip / 1972 dated 17 January 1973. This rule makes the practice of distributing the assets of Tapsel's community inheritance also shifts no longer according to the full provisions of adat law.This paper focuses on answering the factors that cause the shift in Batak customary inheritance in Tapsel, how the form of Batak adat inheritance shifts in Tapsel, and how the role of Islamic law in the shifting Batak customary inheritance in Tapsel. To answer this, use descriptive-analytical field research using data collection techniques in the form of observations and interviews with traditional leaders, religious leaders, judges and the community who carry out the distribution of inheritance.From this search, the authors found that the practice of inheritance in Tapsel society has shifted from adat inheritance caused by two factors, namely, First, the factor of Islamic law because Tapsel people have understood Islam well and run it in various fields of life including in the distribution of inheritance. Given that there are dozens of Islamic education institutions in Tapsel according to the author has given a pretty good understanding of Islamic law. So in general it can be said, that this change is a consequence of the Islamization process experienced by the Tapsel people. Second, is the factor of higher power or positive law because until now the community still believes that only the Religious Courts as a place to solve the problem of inheritance to obtain legal certainty.The shift to adat inheritance occurs in several patterns. The first pattern is a total change from customary form to division according to faraid, this pattern occurs in areas that are fairly Islamic, namely the Mandailing Natal region, although of course there are some people who divide in a way that is not consistent in carrying out Islamic law. The second pattern is to carry out adat law, namely in communities that are relatively strict with adat, namely in the Padang Lawas and Sipirok regions, in this area many cases seem to have carried out faraid formally but the substance still reflects the spirit of adat law. The third pattern, namely the way of division which is a combination of Islamic law and customary law, which is a fairly moderate community in the Angkola region.Islamic law has contributed by shifting the implementation of customary law to Islamic law. People who according to customary law do not receive inheritance become heirs who receive a certain portion. At first the mother did not count as an heir, then given a part 1/3 or 1/6. Istdri initially did not get any portion of the inheritance then received 1/4 or 1/8. Girls initially only have the status of olong ate, then receive a relatively large portion, which is 1/2 or 2/3.

scholarly journals Pada Gelahang Marriage: A Legal Pluralism Perspective

2019 ◽  
Vol 2 (1) ◽  
pp. 47-58
Author(s):  
I Putu Sastra Wibawa ◽  
I Putu Gelgel ◽  
I Putu Sarjana
Keyword(s):  
Field Data ◽  
Secondary Data ◽  
Legal Pluralism ◽  
Customary Law ◽  
Primary Data ◽  
Legal Certainty ◽  
Religious Law ◽  
Pros And Cons ◽  
Hindu Community ◽  
Legal Sociology

Presently, pada gelahang marriages are still controversial within Balinese society in terms of their implementation and the implications. A certain percentage of Balinese approve of pada gelahang marriages, while a certain percentage of people disagree for various reasons. These pros and cons are not tolerated. In fact, the phenomenon of pada gelahang marriages is often confounding to the Hindu community in Bali. Hence, solutions are required. While pada gelahang marriages can be found in many districts and regions in Bali, however, many doubts and problems still arise in their philosophical and juridical foundations. Therefore, research on pada gelahang marriages from the perspective of legal pluralism needs to be done. This research is a qualitative research with a legal sociology approach. Primary data is derived from field data from observations and from the results of interviews of related parties, while secondary data is obtained from literature books using the theory of legal pluralism as a guiding theory in the discussion of research. The results of the study indicate that the pada gelahang marriage has a philosophical foundation, juridical foundation and sociological basis for the creation of values of justice, legal certainty and the benefit of law in the framework of legal pluralism that provides a way to meet Hindu religious law, traditional village customary law and state law to set pada gelahang marriages

IMPLEMENTASI PERATURAN DAERAH KHUSUS (PERDASUS) PROVINSI PAPUA NOMOR 23 TAHUN 2008 TENTANG HAK ULAYAT MASYARAKAT HUKUM ADAT DAN HAK PERORANGAN WARGA MASYARAKAT ADAT ATAS TANAH (STUDI KASUS KOTA JAYAPURA DAN KABUPATEN BIAK NUMFOR)

2016 ◽  
Vol 11 (2) ◽  
pp. 40-59
Author(s):  
Ayu Kurnia Utami
Keyword(s):  
Conflict Resolution ◽  
Indigenous People ◽  
Civil Law ◽  
Qualitative Approach ◽  
Customary Law ◽  
Land Conflict ◽  
Local Regulation ◽  
The People ◽  
The Government

This study discusses Perdasus 23 Year 2008 about individual and communal rights of customary law society over the land through a case study in Jayapura and Biak Numfor. The special local regulation (Perdasus) is a part of the efforts to secure the customary society or the indigenous people of Papua. The aim of this study is to identify how far Perdasus 23 Year 2008 has been implemented in Jayapura and Biak Numfor. The study applies qualitative approach which data is collected through observations, interviews, and content analysis of related documents. The result of this study shows that Perdasus 23 Year 2008 is not implemented thoroughly. Although the regulation is not normatively implemented, it has been practically implemented through the initiatives of Jayapura and Biak Numfor government to carry out conflict resolution program in each region. In doing so, the government of Jayapura has done the communal right mapping of Port Numbay people, while the government of Biak Numfor issues a local regulation (Perbup) about the strategy of land conflict resolution by encouraging of the involvement of customary role and legitimation in the region. Eventhough these activities are not conducted in accordance with Perdasus 23 Year 2008, Jayapura has performed four substances of the “Perdasus”: research, mapping, management and identification, and land conflict resolution. Meanwhile, Biak Numfor regency has performed two substances: communal land management and land conflict resolution though they only fulfill some aspects of these substances when performing research and mapping. There are three aspects affecting the implementation of Perdasus in Jayapura and Biak Numfor. First, ineffective communication both from the policy maker to the policy implementer and from policy implementer to the people that causes confusion to the society regarding the policy. Second, the existing paradigm of local people who still believe that customary law is more powerful than civil law. Last but not the least is Government’s initiative to do an activity to protect the communal right of indigenous people of Papua.

scholarly journals PENCEGAHAN PERUSAKAN HUTAN BERBASIS MASYARAKAT ADAT DALIHAN NA TOLU DI TAPANULI SELATAN

2019 ◽  
Vol 48 (1) ◽  
pp. 1
Author(s):  
Anwar Sadat Harahap ◽  
Ahmad Laut Hasibuan
Keyword(s):  
Indigenous People ◽  
Indigenous Peoples ◽  
Forest Degradation ◽  
Customary Law

There are indigenous peoples who have their own traditional value in passing the prevention of forest destruction. Before the establishment of legislation on Preventing Forest Destruction in Indonesia, the indigenous people of Dalihan na Tolu have their own rules in preventing forest destruction. The customary law of Dalihan na Tolu has governed: the model of settlement of forest degradation disputes, the universal rules of indigenous peoples of Dalihan na Tolu on the prevention of forest destruction, the form of sanctions imposed on forest destruction parties, and the form of oversight in the implementation of the prevention of forest destruction.

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