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 Kedudukan Perempuan dalam Hukum Waris Adat Batak Toba

2018 ◽  
Author(s):  
Elpina
Keyword(s):  
Law Enforcement ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Social Culture ◽  
Kinship System ◽  
Law Enforcement Officials ◽  
The Common ◽  
The Law ◽  
The Right ◽  
Political Economic

Customary law is the law of life (living low) that grow and develop in the midst of the community in accordancewith the development of society. Customary law who live in midst of ethnic Indonesia is very strategic to be knownand understood by law enforcement officials, legal observers and guidance in applying the appropriate legal andfair for Indonesian society. The common law does not give the right role and the same degree between men andwomen in life, social, culture, political, economic and domestic life and marriage property and inheritance.Landing directly above the law would cause problems among indigenous peoples, especially the indigenous peopleembrace patrilinieal or matrilineal kinship system, such as that experienced by the Batak people who mbracepatrilineal kindship systems knows in Toba Batak society is patrilineal system, which through the male lineage andis the next generation of his parents while girls not the generation of their parents, as a result of this system is veryinfluential on the position of girls in matters of inheritance.

scholarly journals Protecting expressions of Folklore within the Right to Culture in Africa

2017 ◽  
Vol 13 (4) ◽  
pp. 48
Author(s):  
Enyinna Sodienye Nwauche
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Cultural Rights ◽  
Substantive Content ◽  
Human Rights Regime ◽  
United Nations Declaration ◽  
The Right

This paper explores the protection of expressions of folklore within the right to culture in Africa by considering three issues, which are the increased understanding of the right to culture in national constitutions and the recognition that customary law is a manifestation of the right to culture; an expanded understanding of the substantive content of the article 15(1) of the International Covenant for Economic, Social and Cultural Rights as part of the right to culture; and the recognition of the rights of indigenous peoples marked significantly by the 2007 United Nations Declaration of the Rights of Indigenous People. The paper demonstrates how a human rights regime may assist in overcoming some of the deficiencies in the national protection of expressions of folklore in Africa.

scholarly journals Interaksi Antara Negara Dan Desa Adat Dalam Konstruksi Negara Kesatuan Republik Indonesia

SASI ◽  
2018 ◽  
Vol 24 (1) ◽  
pp. 59
Author(s):  
Andress Deny Bakarbessy
Keyword(s):  
The State ◽  
Customary Law ◽  
State Law ◽  
Unitary State ◽  
The Right

Indonesia is a unitary state that determines all regions of the country without exception constituting a unity of administrative and legal territory. However, in the territory of Indonesia there are also regions and unity of customary law communities, in this case the traditional village which has special characteristics that are special because it has existed before the formation of the State and has the right of origin in the administration of its government, and is recognized and respected by the State, so that the interaction between the State and customary villages allows conflicts between State law and customary law and traditions in the administration of government. For this reason, an ideal interaction between the State and the traditional village is needed which can create harmony and balance between the Country and the traditional village.

scholarly journals Prevention of Criminal Action of Corruption through the Initiation of the Dayak Ngaju Traditional Laws

2021 ◽  
Vol 3 (1) ◽  
pp. 115-123
Author(s):  
Kiki Kristanto ◽  
Thea Farina ◽  
Putri Fransiska Purnama Pratiwi ◽  
Libra Adelianty Asuransia
Keyword(s):  
Indigenous Peoples ◽  
Natural Law ◽  
Customary Law ◽  
State Law ◽  
Government Officials ◽  
Central Kalimantan ◽  
The Law ◽  
The Government

Given the complexity of the problem of corruption, it must be treated seriously through a balance of rigorous and precise steps. This step is not only taken by the government and law enforcers, but also by involving the participation of indigenous peoples. In the indigenous Dayak Ngaju community, they are familiar with the principle of not having a bahadat. This principle means that the behavior of life that upholds honesty, equality, togetherness and tolerance and obeying the law (state law, customary law and natural law). According to the author, the existence of the principle of Belom Bahadat can be used as a preventive instrument for the prevention of corruption by government officials in Central Kalimantan Province. This means that there is a contribution of customary law norms to the government's efforts to prevent the occurrence of criminal acts of corruption through the initiation of the belom bahadat principle of Dayak Ngaju customary law.

scholarly journals Kedudukan Ahli Waris yang Berpindah Agama terhadap Harta Waris Menurut Hukum Waris Adat Bali

2020 ◽  
Vol 1 (2) ◽  
pp. 78-82
Author(s):  
Dewa Ayu Herlina Dewi
Keyword(s):  
Research Methods ◽  
Indigenous Peoples ◽  
Customary Law ◽  
Legal Principles ◽  
The Gift ◽  
The Right ◽  
Legal Consequences

A heir that change their religion from Hindu causing an heir to lose his inheritance rights. Because, in Bali's Customary Law of inheritance an heir has an obligation to heirs, families, and indigenous peoples. It is absolute for the heirs to get the right of inheritance. However, because of the affection of parents, many parents consider the position of heirs who convert by giving part of the inheritance that is not magical religious or a property that is not an inheritance but is said to be a grant. The purpose of this study is to determine the position or status of an heir who has converted and to know the possibility of whether the heirs can receive a gift outside of the estate. The method of research used normative juridical research methods, approaches made on the basis of major legal material by reviewing theories, concepts, legal principles and legislation related to this paper. Based on the contents of the study can be summarized as follows: 1. With the transfer of religion heirs, heirs can not carry out obligations as heirs to the heirs, families, and indigenous peoples. Thus the inheritance relationship between the heirs and the heirs is lost so that the legal consequences of the heir does not have the right to inherit. 2. Heirs can still accept the gift from their parents because of compassion. The gift may be a property which is not religiously magical and can also be given in the form of a grant.  

scholarly journals Hak Mewaris Anak Luar Kawin Berdasarkan Pengangkatan oleh Kakeknya Menurut Hukum Waris Adat Bali

2020 ◽  
Vol 5 (1) ◽  
pp. 75
Author(s):  
I Gusti Ngurah Bayu Pratama Putra ◽  
Abdul Rachmad Budiono ◽  
Hariyanto Susilo
Keyword(s):  
Customary Law ◽  
State Law ◽  
Legal Study ◽  
Biological Child ◽  
Village Community ◽  
Biological Children ◽  
The Law ◽  
The Right ◽  
Natural Child

This study discussed the Balinese customary law regarding the position and inheritance rights of natural children who were adopted by their grander. This study used an empirical legal study, which was a method of legal study that sought to see and examine the law can work in people’s lives. The results of the study showed that the adoption of a natural child by his grandfather was legal according to Balinese customary law, the position of a natural child adopted by his grandfather was the same as his biological child. State law only had a role to strengthen the prevailing customary law. The right to inherit natural children who were adopted by their grandfathers were the same as biological children, including the inheritance of their rights and obligations both as a child and as a member of an indigenous village community.

scholarly journals MEREPOSISI CARA PANDANG HUKUM NEGARA TERHADAP HUKUM ADAT DI INDONESIA

2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Sulaiman
Keyword(s):  
Indigenous Peoples ◽  
The Body ◽  
State Law ◽  
Dynamic Nature ◽  
Legal Studies ◽  
The Law ◽  
Difficult Position ◽  
The Concept Of Law ◽  
The Right ◽  
Adat Law

Adat law is still in a difficult position until now.  Even adat law is marginalized, although adat law has a dynamic nature. State law has not fully considered adat law as part of its body. This article wants to understand how state law views adat law so far. Based on that perspective, repositioning is offered in view of adat law. The concept of writing is based on the law of reality perspective. The perspective of such legal studies, does not set out the concept of law in the legislation. From this writing found that from the beginning how to view custom as a law has been debated. When the colonial lawyers formulate the name of the right law related to the law of the natives. There is a process through which custom reaches the degree of law category (adat law). This debate lasted until after independence. This writing wishes to emphasize the importance of state law to change its perspective regarding the existence of adat law and indigenous peoples. Adat law should be seen as part of the body of the nation itself. Abstrak: Penelitian ini ingin memahami bagaimana hukum negara memandang hukum adat selama ini. Berdasarkan cara pandang tersebut, ditawarkan reposisi dalam memandang hukum adat. Konsep penulisan ini berbasis pada hukum perspektif realitas. Perspektif kajian hukum demikian, tidak berangkat konsep hukum dalam peraturan perundang-undangan. Dari penulisan ini ditemukan bahwa dari awal cara memandang adat sebagai hukum sudah diperdebatkan. Ketika pada ahli hukum kolonial merumuskan nama hukum yang pas terkait dengan hukum pribumi. Ada proses yang dilalui sehingga adat mencapai derajat kategori hukum (adat). Perdebatan ini berlangsung hingga usai merdeka. Penulisan ini ingin menegaskan pentingnya hukum negara mengubah cara pandangnya terkait keberadaan hukum adat dan masyarakat hukum adat. Hukum adat harus dilihat sebagai bagian dari tubuh bangsa sendiri. Kata Kunci: hukum negara; hukum adat; hukum khas Indonesia.

The Right to Political Participation of Indigenous Peoples: A Holistic Approach

2017 ◽  
Vol 24 (4) ◽  
pp. 390-427 ◽  
Author(s):  
Alexandra Tomaselli
Keyword(s):  
Political Participation ◽  
International Law ◽  
Indigenous Peoples ◽  
Holistic Approach ◽  
International Human Rights Law ◽  
Land Grabbing ◽  
Human Rights Law ◽  
Indigenous Law ◽  
Indigenous Participation ◽  
The Right

In the current era of land grabbing and extractivism, political participation of indigenous peoples in their national and local affairs appears to be the crucial right to guarantee the exercise of their other rights. In the last decades, un bodies have increasingly stressed the need to improve indigenous participation in their domestic political arenas. How indigenous political participation may be recognised, operationalised, and exercised as a right, and be effective, however, remains to be discussed. Against this background, this article elaborates a proposal for a holistic approach to the right to political participation of indigenous peoples and demonstrates how it is rooted in international law, international human rights law, and international indigenous law.

scholarly journals Antinomi Regulations on the Recognition and Enforcement of Ulayat Right from Indigenous Peoples

2021 ◽  
Vol 04 (04) ◽  
Author(s):  
Rianda Dirkareshza ◽  
Keyword(s):  
Indigenous Peoples ◽  
Land Rights ◽  
The State ◽  
Indigenous Law ◽  
Recognition And Enforcement ◽  
The Law ◽  
Agrarian Law ◽  
The Right ◽  
As If ◽  
Laws And Regulations

Ulayat Right is a historical right owned by tribal groups scattered throughout Indonesia that contains the value of local wisdom in the arrangement of control, use, utilization, supply, and maintenance of agrarian resources. The substance of Ulayat Right and the organization of the power of indigenous peoples as the executor of the authority of Ulayat Right became a model in the development of agrarian law Nasional as stated in the Basic Agrarian Law (UUPA). The state has an obligation to recognize in the sense of respect while protecting and fulfilling what is the right of every citizen. One of them is the right of control and ownership of Ulayat Right that until now has not been implemented optimally, as if the mastery and ownership of Ulayat Right by indigenous peoples is not fully accessible from the LAW and other laws and regulations. Based on the background of the above problems, the purpose of this paper is to review the Antinomics of The Ulayat Right Regulation of Indigenous Peoples with public-private and private-dimensional ulayat land and explore and analyze the urgency of protection of Indigenous Peoples' Rights in Indonesia. This paper is normative research, the approach used is a statutory approach (statute approach), presented descriptively-perspective and analyzed qualitatively. The conclusion in this paper Is the Authority of the Indigenous Law Community, while the private dimension appears in the manifestation of Ulayat Right as belonging together. So that the scope includes recognition and confirmation, granting of land rights on Ulayat Right, transfer and eradication of indemnity rights and the removal of private Ulayat Right. Therefore, it is necessary to establish a draft law governing the Rights of Indigenous Peoples.

scholarly journals Editorial: Determining the Content of Indigenous Law with Special Reference to Recording of the Law - Continental Views

2019 ◽  
Vol 22 ◽  
pp. 1-10
Author(s):  
Chuma Himonga
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Indigenous Peoples ◽  
New Caledonia ◽  
Customary Law ◽  
Special Edition ◽  
Indigenous Law ◽  
University Of Cape Town ◽  
The University ◽  
Selection Of

This special edition comprises a selection of contributions delivered at a conference hosted by the Chair in Customary Law, Indigenous Values and Human Rights at the University of Cape Town in collaboration with its research partner, the Research Chair on Legal Diversity and Indigenous Peoples at the University of Ottawa, on "The Recording of Customary Law in South Africa, Canada and New Caledonia" in May 2018.

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