scholarly journals Adat and Islamic Law in Contemporary Aceh, Indonesia: Unequal Coexistence and Asymmetric Contestation

2021 ◽  
Vol 5 (2) ◽  
pp. 529
Author(s):  
Arskal Salim

Discussions on adat and Islamic law in Muslim societies have been focusing on a tension between the two entities. By looking at adat and Islamic law being respectively applied in contemporary Aceh, this article offers a different approach by considering the unbalanced relationship between adat and Islamic law and thus argues that both have been unequally coexisting and asymmetrically contesting with one another. Based on a lengthy ethnographic fieldwork and recurring visits to Aceh, this study discusses the ways in which adat of Aceh has been reinvigorated along with the official implementation of Islamic law in the past two decades. It includes efforts: 1) to establish adat bureaucracy, 2) to restore a cultural sovereignty of adat, 3) to retrieve adat rights to natural resources, and 4) to reinforce adat mechanism of dispute settlement. Despite all these efforts, however, adat appears to be subordinate and secondary.

2015 ◽  
Vol 7 (2) ◽  
pp. 89-109 ◽  
Author(s):  
Johanna Ahlrichs ◽  
Katharina Baier ◽  
Barbara Christophe ◽  
Felicitas Macgilchrist ◽  
Patrick Mielke ◽  
...  

This article draws on memory studies and media studies to explore how memory practices unfold in schools today. It explores history education as a media- saturated cultural site in which particular social orderings and categorizations emerge as commonsensical and others are contested. Describing vignettes from ethnographic fieldwork in German secondary schools, this article identifies different memory practices as a nexus of pupils, teachers, blackboards, pens, textbooks, and online videos that enacts what counts as worth remembering today: reproduction; destabilization without explicit contestation; and interruption. Exploring mediated memory practices thus highlights an array of (often unintended) ways of making the past present.


AJIL Unbound ◽  
2021 ◽  
Vol 115 ◽  
pp. 11-16
Author(s):  
Giesela Rühl

The past sixteen years have witnessed the proliferation of international commercial courts around the world. However, up until recently, this was largely an Asian and a Middle Eastern phenomenon. Only during the past decade have Continental European countries, notably Germany, France and the Netherlands, joined the bandwagon and started to create new judicial bodies for international commercial cases. Driven by the desire to attract high-volume commercial litigation, these bodies try to offer international businesses a better dispute settlement framework. But what are their chances of success? Will more international litigants decide to settle their disputes in these countries? In this essay, I argue that, despite its recently displayed activism, Continental Europe lags behind on international commercial courts. In fact, although the various European initiatives are laudable, most cannot compete with the traditional market leaders, especially the London Commercial Court, or with new rivals in Asia and the Middle East. If Continental Europe wants a role in the international litigation market, it must embrace more radical change. And this change will most likely have to happen on the European––not the national––level.


Koedoe ◽  
2004 ◽  
Vol 47 (1) ◽  
Author(s):  
J.Y. Gaugris ◽  
W.S. Matthews ◽  
M.W. Van Rooyen ◽  
J. Du P. Bothma

The Tembe Elephant Park was proclaimed in 1983 after negotiations between the then KwaZulu Bureau of Natural Resources and the Tembe Tribal Authority in consultation with the local communities of northern Maputaland, KwaZulu-Natal, South Africa. The park boundaries were subsequently fenced and animal numbers started to increase. The fence has kept the utilisation of renewable natural resources by the local communities at bay for the past 19 years. In this period, the vegetation of the park has been utilised only by the indigenous fauna, but it has been affected by management decisions and possibly also regional environmental changes.


2017 ◽  
Vol 4 (2) ◽  
pp. 98
Author(s):  
Fitri Purnamasari, Diding Rahmat Dan Gios Adhyaksa

AbstractThe author conducted this research with the background of the implementation of Mediation in Kuningan Religious Court in Kuningan. The purposes of writing this paper are to know how the Implementation on Divorce Settlement in Kuningan Religious Court and to know the factors that affect the success of mediation in the Kuningan Religious Court. The method used in this research is with empirical juridical approach using primary data and secondary data and data collection techniques are interviews, observation and literature study. The results of this research are the mediation arrangements set out in the Supreme Court Regulation (PERMA ) Number 1 Year 2016 about Mediation Procedures in Courts and more specifically stipulated in the Decree of the Chief Justice Number 108 / KMA / AK / VI / 2016 on Mediation Governance at the Court. Mediation is the means of dispute resolution through the negotiation process to obtain agreement of the Parties with the assistance of the Mediator. Mediator is a Judge or any other party who has a Mediator Certificate as a neutral party assisting Parties in the negotiation process to see possible dispute resolution without resorting to the disconnection or enforcement of a settlement. Its implementation has been regulated in Law Number 1 Year 1974 about concerning Marriage, Compilation of Islamic Law, and Supreme Court RegulationNumber 1 of 2016 concerning Mediation Procedure in Court. The conclusion of this thesis writing is Mediation which should be one of the alternative process of dispute settlement which can give greater access to justice to the parties in finding satisfactory dispute settlement and to fulfill the sense of justice, and become one of the effective instrument to overcome the problem of case buildup especially for the case Divorce, in the end has not been effectively implemented.Keywords: Mediation, Divorce, Marriage.�AbstrakPenulis melakukan penelitian ini dengan latar belakang yaitu bagaimana pelaksanaan Mediasi pada Pengadilan Agama Kuningan. Tujuan penulisan ini untuk mengetahui bagaimana Pelaksanaan pada Penyelesaian Perceraian di Pengadilan Agama Kuningan dan untuk mengetahui bagaimana faktor-faktor yang memepengaruhi keberhasilan mediasi di Pengadilan Agama Kuningan. Metode yang digunakan dalam penelitian ini adalah dengan pendekatan yuridis empiris dengan menggunakan data primer dan data sekunder serta alat pengumpulan data yang digunakan melalui wawancara, observasi dan studi pustaka. Hasil penelitian ini adalah pengaturan mediasi diatur dalam Peraturan Mahkamah Agung (PERMA) Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan dan lebih spesifik diatur dalam Keputusan Ketua Mahkamah Agung Nomor : 108/KMA/AK/VI/2016 tentang Tata Kelola Mediasi di Pengadilan. Mediasi adalah cara penyelesaian sengketa melalui proses perundingan untuk memperoleh kesepakatan Para Pihak dengan dibantu oleh Mediator. Mediator adalah Hakim atau pihak lain yang memiliki Sertifikat Mediator sebagai pihak netral yang membantu Para Pihak dalam proses perundingan guna mencari berbagai kemungkinan penyelesaian sengketa tanpa menggunakan cara memutus atau memaksakan sebuah penyelesaian. Pelaksanaannya telah di atur dalam Undang-Undang Nomor 1 Tahun 1974 tentang Perkwinan, Kompilasi Hukum Islam, dan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan. Kesimpulan dari penulisan skripsi ini adalah Mediasi yang seharusnya menjadi salah satu alternatif proses penyelesaian sengketa yang dapat memberikan akses keadilan yang lebbesar kepada para pihak dalam menemukan penyelesaian sengketa yang memuaskan dan mmemenuhi rasa keadilan, serta menjadi salah satu instrumen efektif mengatasi masalah penumpukan perkara khususnya untuk perkara perceraian, pada akhirnya belum efektif dilaksanakan.Kata Kunci : Mediasi, Perceraian, Perdata


Author(s):  
Laíza Gomes de Paiva ◽  
Caciana Cavalcanti Costa ◽  
Jerfferson Araujo Cavalcante ◽  
Kilson Pinheiro Lopes ◽  
José Wilson da Silva Barbosa

<p>In the past years, many combinations of plants in intercropping have been demonstrating agronomic viability due to the increase of production per unity of area and greater use of natural resources. However, the knowledge and the proper choice of crops that will be part of the system are necessary to reach achievement, so that there is mutual interaction between them. The study had the purpose of evaluate the productivity of lettuce (Elba) intercropped with coriander (Verdão), rocket (Cultivada), beet (Early Wonder) or radish (Crimson Gigante). The experiment was conducted in the experimental area of the CCTA/UFCG, Pombal/PB, from September 2013 to July 2014. Nine treatments were assessed (4 intercropping and 5 monocultures), installed in randomized blocks with four replications. The amalgamation of lettuce with crops of coriander, rocket, radish or beet did not affected negatively its profitability. The intercropping of lettuce and beet presented the greater productive efficiency and efficient use of land, demonstrated by the increased production of both crops in this association. </p><p align="center"><strong>Modelagem do dossel fotossintético em sistemas consorciados com alface, rúcula, rabanete, coentro e beterraba</strong><strong></strong></p><p><strong>Resumo: </strong>Nos últimos anos muitas combinações de plantas em cultivo consorciado têm demonstrado viabilidade agronômica devido ao aumento de produção por unidade de área e maior aproveitamento de recursos naturais, no entanto, para que esse sistema alcance sucesso é necessário a escolha adequada das culturas que irão fazer parte do mesmo, de maneira que haja interação mútua entre elas. Com o objetivo de avaliar a produtividade da cultura da alface (‘Elba’) em consórcio com coentro (‘Verdão’), rúcula (‘Cultivada’), rabanete (‘Crimson Gigante’), or beterraba (‘Early Wonder’) foi realizado o experimento na área experimental do CCTA/UFCG, em Pombal, PB, no período de setembro de 2013 a julho de 2014. Foram avaliados 9 tratamentos (4 cultivos consórcios e cinco monocultivos), instalados em blocos casualizados, com quatro repetições. A combinação da alface com as culturas do coentro, rúcula, rabanete ou beterraba não afetou negativamente a sua rentabilidade. O consórcio de alface e beterraba foi o que apresentou o seu maior rendimento produtivo e de uso eficiente da terra, demonstrado pelo aumento da produção de ambas as culturas, nesta associação. </p>


This volume asks a question that is deceptive in its simplicity: Could international law have been otherwise? In other words, what were the past possibilities, if any, for a different law? The search for contingency in international law is often motivated, including in the present volume, by the refusal to accept the present state of affairs and by the hope that recovering possibilities of the past will facilitate a different future. The volume situates the search for contingency theoretically and within many fields of international law, such as human rights and armed conflict, migrants and refugees, the sea and natural resources, and foreign investment and trade. Today there is hardly a serious account that would consider the path of international law to be necessary and that would deny the possibility of a different law altogether. At the same time, however, behind every possibility of the past stands a reason – or reasons – why the law developed as it did. Those who embark in search of contingency soon encounter tensions when they want to recover past possibilities without downplaying patterns of determination and domination. Nevertheless, while warring critical sensibilities may point in different directions, only a keen sense of why things turned out the way they did makes it possible to argue about how they could plausibly have turned out differently.


Author(s):  
Cathy Robinson ◽  
Bruce Taylor

In Contested Country, leading researchers in planning, geography, environmental studies and public policy critically review Australia's environmental management under the auspices of the Natural Heritage Trust over the past decade, and identify the challenges that must be met in the national quest for sustainability. It is the first comprehensive, critical examination of the local and regional natural resources management undertaken in Australia, using research sourced from all states as well as the Northern Territory. It addresses questions such as: How is accountability to be maintained? Who is included and who is excluded in decentralised environmental governance? Does the scale of bottom-up management efforts match the scale of environmental problems? How is scientific and technical fidelity in environmental management to be maintained when significant activities are devolved to and controlled by local communities? The book challenges some of the accepted benefits, assumptions and ideologies underpinning regional scaled environmental management, and is a must-read for anyone interested in this field.


2020 ◽  
Author(s):  
Benjamin Wilkie

People have been visiting and living in the Victorian Grampians, also known as Gariwerd, for thousands of generations. They have both witnessed and caused vast environmental transformations in and around the ranges. Gariwerd: An Environmental History of the Grampians explores the geological and ecological significance of the mountains and combines research from across disciplines to tell the story of how humans and the environment have interacted, and how the ways people have thought about the environments of the ranges have changed through time. In this new account, historian Benjamin Wilkie examines how Djab wurrung and Jardwadjali people and their ancestors lived in and around the mountains, how they managed the land and natural resources, and what kinds of archaeological evidence they have left behind over the past 20 000 years. He explores the history of European colonisation in the area from the middle of the 19th century and considers the effects of this on both the first people of Gariwerd and the environments of the ranges and their surrounding plains in western Victoria. The book covers the rise of science, industry and tourism in the mountains, and traces the eventual declaration of the Grampians National Park in 1984. Finally, it examines more recent debates about the past, present and future of the park, including over its significant Indigenous history and heritage.


2019 ◽  
Vol 59 (2) ◽  
pp. 728
Author(s):  
Warwick Squire ◽  
Julie-Anne Braithwaite

From frontier gas basins in North West Queensland to potential unconventional gas reserves in the far south-west, several areas in Queensland have potential for new or expanded resource activity over the coming decade. Lessons of the past have highlighted the importance of early engagement, by industry and government, in building and maintaining constructive relationships with local communities and achieving successful coexistence. The way in which local communities are introduced to new resource activity, and their first impressions, contribute to future attitudes and expectations. In some cases, the Department of Natural Resources, Mines and Energy (DNRME) is taking a lead on early activities to facilitate resource exploration and development, such as pre-competitive exploration and release of tender areas for potential exploration. DNRME’s approach for engaging with resource communities involves developing robust relationships with local stakeholders, namely local government, landholders, Traditional Owners and local organisations, and a deep understanding of their interests and the local context. Second, it focuses on providing information to local communities about resource activity and ensuring that they have a channel for raising questions and concerns.


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