scholarly journals Friedrich Carl von Savigny tentang Hukum: Hukum sebagai Manifestasi Jiwa Bangsa

2020 ◽  
Vol 3 (1) ◽  
pp. 201-236
Author(s):  
M. Zulfa Aulia
Keyword(s):  
Social Life ◽  
Social Aspects ◽  
Legal Development ◽  
The Past ◽  
The People ◽  
Political Forces ◽  
Present Context

Friedrich Carl von Savigny was a legal figure with high reputation. He was recognized as a figure and the founder of the school of historical jurisprudence. This article attempts to discuss what he meant by law, how his thoughts about law began, and how these thought might have urgency and relevant to the present context. This article shows, Savigny’s thought about law stems from his reflection on the development of law in civilized nations, that law grows naturally in society and is not deliberately made by certain (political) forces. Law is a part of social life that can be observed in the form of people’s behavior and consciousness, as well as language and manners. It and other social aspects are united which arises from and reflects the spirit of the people (volksgeist) as well. Savigny’s thoughts are urgent in a holistically placing law in society and building laws that have a continuity in the past, present, and future. Such thoughts become relevant in the current legal development of a country which tends to have a global-universal character, so that national law is reflected, harmonized, and colored by the spirit of the people. Abstrak Friedrich Carl von Savigny merupakan tokoh hukum dengan reputasi yang tinggi. Ia dikenali sebagai tokoh sekaligus pendiri aliran hukum sejarah (historical jurisprudence). Dalam artikel ini dibahas apa yang dimaksud olehnya sebagai hukum, bagaimanakah pemikirannya tentang hukum bermula, dan, dalam konteks sekarang, bagaimana urgensi dan relevansinya. Artikel ini menunjukkan, pemikiran Savigny tentang hukum bermula dari refleksinya tentang perkembangan hukum pada bangsa-bangsa yang beradab, bahwa hukum itu tumbuh secara alamiah di masyarakat dan tidak dibuat secara sengaja oleh kekuatan (politik) tertentu. Hukum merupakan bagian dari kehidupan sosial yang dapat dilihat dalam wujud perilaku dan kesadaran masyarakat, seperti halnya bahasa dan tata krama. Hukum beserta aspek sosial lainnya itu merupakan satu kesatuan, yang muncul dan sekaligus mencerminkan jiwa rakyat atau bangsa (volksgeist). Pemikiran Savigny ini penting dalam mendudukkan hukum secara holistik di masyarakat dan membangun hukum yang memiliki kesinambungan masa lalu, kini, dan mendatang. Pemikiran demikian menjadi relevan dalam pembangunan hukum suatu negara saat ini yang cenderung berkarakter global-universal, agar dalam hukum nasional tetap tercermin, selaras, dan punya warna jiwa bangsa.

scholarly journals ORIENTASI PENDIDIKAN PESANTREN SALAFIYAH: Studi Kasus Pesantren Benda Kerep Cirebon

2012 ◽  
Vol 10 (2) ◽  
Author(s):  
Ta'rif Ta'rif
Keyword(s):  
Teaching Methods ◽  
Social Life ◽  
Educational Institution ◽  
Boarding School ◽  
Learning Method ◽  
West Java ◽  
The Past ◽  
Complex Problems ◽  
The People ◽  
Changing Times

AbstractPesantren is the oldest educational institution in Indonesia, which is also a subculture that has been fused and colored to the patterns of social life of religious affairs, nation and state in Indone­sia. Over the time, many pesantrens are transforming themselves. The teaching methods, culture and even pesantren orientation are shifting together with the flow of changing times. The presence of these changes is expected to continue to address the needs of schools and the increasingly complex problems of the people. However, unlike the case of Benda Kerep Islamic Boarding School, a pesantren located at Benda Kerep Block, Argasunya Village, Harja Mukti Sub-district, Cirebon City, West Java. In the middle of the swift current of changes, this pesantren remains committed and defended the noble values and the past traditions. Changes hardly occur either in social, cultural, religious, and learning method aspects. External system changes do not change the existing education traditions and systems. Even the caregivers, using the legitimacy of the pesantren’s founders try desperately to maintain the traditions as an advantage and uniqueness.AbstrakPesantren merupakan lembaga pendidikan tertua di Indonesia yang juga merupakan subkultur yang telah menyatu dan mewarnai corak kehidupan sosial keagamaan, berbangsa dan bernegara di In­donesia. Seiring dengan berjalannya waktu, banyak pesantren yang kemudian mengalami transformasi diri. Metode pengajaran, kultur, bahkan orientasi pesantren bergeser mengikuti arus perubahan zaman. Melalui perubahan ini diharapkan kehadiran pesantren dapat senantiasa menjawab kebutuhan dan pro­blematika umat yang semakin kompleks. Namun demikian, berbeda halnya dengan Pondok Pesantren Benda Kerep, sebuah pesantren yang berlokasi di Blok Benda Kerep Desa Argasunya, Kecamatan Harja Mukti – Kota Cirebon Jawa Barat. Di tengah derasnya arus perubahan, pesantren ini tetap istiqamah mempertahankan nilai-nilai luhur dan tradisi masa lalu. Perubahan hampir tidak terjadi baik dalam kehidupan sosial, kultural keagamaan, serta metode pembelajarannya. Perubahan sistem di luar tidak serta merubah tradisi dan sistem pendidikan yang ada. Bahkan para pengasuh, dengan menggunakan legitimasi wasiat para pendiri pesantren, berupaya sekuat tenaga mempertahankan tradisi tersebut se­bagai sebuah kelebihan dan keunikan tersendiri.

scholarly journals The historical parallels between today's events in the Donbass and the pages of its past of hundred years ago, when this region was in the center of a fierce struggle between different political forces, social strata, and hostile groups are analyzed in this article. The main attention is focused on the investigation of attempts to create an anti-Ukrainian identity in the Donbass based on the use of prepared facts of events related to the history of the creation and short-term existence of the Donetsk-Kryvyi Rih Soviet Republic. It was determined that during almost the entire period of Ukraine’s independence in the Donbas, with the active participation of the Kremlin, Soviet and imperial interpretations of history were spread, ideas of a special regional identity were formed, and the ideological basis of anti-Ukrainian insinuations was created. At the same time, history was used as a kind of propaganda, and manipulation of the past. It was one of the main strategies of anti-Ukrainian forces in the Donbass. Stereotypes were instilled that this region is the territory of the formation of "novoros", "the people of Donbass", who have their own mentality and even traditions of statehood, unrelated to the history of Ukraine. All this became the ideological basis of the bloody events associated with the attempt to create in 2014 the so-called "people’s republics" in the territory of Donbass. Pseudo-referendums were held in this region, pseudo-independent republics headed by puppet governments, fully controlled by the Kremlin, were proclaimed like a hundred years ago, in order to restore imperial domination in Ukraine, according to the experience of the Bolsheviks. On the example of historical parallels of personal destinies of people who are forced one way or another to lead regional separatist movements or become puppets in the hands of external puppeteers by the revolutionary events of both a hundred years ago and today. It is reminded of the inadmissibility of ignoring the laws of historical development.

2020 ◽  
Vol 4 (4) ◽  
pp. 89-95
Author(s):  
Oleh Levin ◽  
Oleh Poplavskiy
Keyword(s):  
Historical Development ◽  
Regional Identity ◽  
Time History ◽  
Soviet Republic ◽  
Main Attention ◽  
Short Term ◽  
The Past ◽  
The People ◽  
Political Forces ◽  
History Of

The historical parallels between today's events in the Donbass and the pages of its past of hundred years ago, when this region was in the center of a fierce struggle between different political forces, social strata, and hostile groups are analyzed in this article. The main attention is focused on the investigation of attempts to create an anti-Ukrainian identity in the Donbass based on the use of prepared facts of events related to the history of the creation and short-term existence of the Donetsk-Kryvyi Rih Soviet Republic. It was determined that during almost the entire period of Ukraine’s independence in the Donbas, with the active participation of the Kremlin, Soviet and imperial interpretations of history were spread, ideas of a special regional identity were formed, and the ideological basis of anti-Ukrainian insinuations was created. At the same time, history was used as a kind of propaganda, and manipulation of the past. It was one of the main strategies of anti-Ukrainian forces in the Donbass. Stereotypes were instilled that this region is the territory of the formation of "novoros", "the people of Donbass", who have their own mentality and even traditions of statehood, unrelated to the history of Ukraine. All this became the ideological basis of the bloody events associated with the attempt to create in 2014 the so-called "people’s republics" in the territory of Donbass. Pseudo-referendums were held in this region, pseudo-independent republics headed by puppet governments, fully controlled by the Kremlin, were proclaimed like a hundred years ago, in order to restore imperial domination in Ukraine, according to the experience of the Bolsheviks. On the example of historical parallels of personal destinies of people who are forced one way or another to lead regional separatist movements or become puppets in the hands of external puppeteers by the revolutionary events of both a hundred years ago and today. It is reminded of the inadmissibility of ignoring the laws of historical development.

scholarly journals WEDDING GIFT EXCHANGE AMONG THE PEOPLES OF DAGESTAN: TRADITIONS AND INNOVATIONS

2020 ◽  
Vol 15 (4) ◽  
pp. 783-799
Author(s):  
Aida K. Amirkhanova ◽  
Aminat A. Bayramkulova
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Gift Exchange ◽  
Soviet Period ◽  
Way Of Life ◽  
For Profit ◽  
The Past ◽  
The People ◽  
Moral Damage ◽  
Exchange Relations

The purpose of this article is to show the state of modern exchange relations in the wedding ceremonies of the peoples of Dagestan and to trace the variants of their transformation at different stages of the wedding. Ceremonies of wedding gift exchange of Dagestanis today have similar features with traditional customs and ceremonies. However, over time, under the influence of ethno-cultural and other processes, modern exchange relations within wedding customs have undergone certain transformations, adapting to the modern way of life of the people. It is known that exchange relations are the most archaic tradition of social life of any nation, originating in ancient times. It is believed that the traditions of gift exchange were created to preserve existing or create new kinship and social relations within or between communities. However, in recent years, its main functions are increasingly becoming a thirst for profit, i.e., gift exchange acquires utilitarian functions. Many of the symbolic wedding gifts of the past have now been replaced by money, and their value is increasing every year. Since the post-Soviet period, the expressed interest and return of the peoples of Dagestan to their traditional customs and rituals (including wedding) can be traced. However, the moral and ethical side of these customs remained in the past. To solve these problems and facilitate the wedding (reduce costs) and all its stages, it is necessary to introduce into modern rites of wedding gift exchange reasonable ethical standards to regulate these rituals. It is necessary to rethink the current traditional customs of gift exchange, bringing material and moral damage to the family, to choose and preserve the most important of them, corresponding to the modern way of life of Dagestanis, discarding unnecessary and irrelevant rituals.

scholarly journals TARI GUEL SEBAGAI IDENTITAS MASYARAKAT GAYO

JOGED ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 30-41
Author(s):  
Gustira Monita
Keyword(s):  
Social Life ◽  
Daily Life ◽  
Dynamic Interaction ◽  
Cultural Activities ◽  
The Past ◽  
The People ◽  
The Social ◽  
History Of

ABSTRAKTari Guel dipahami sebagai sebuah simbolis gerak yang memberikan interaksi dinamis pada penontonnya, yaitu tentang pembentukan makna dalam realitas kehidupan sehari-hari oleh-orang-orang Gayo. Dalam memahami bentuk keseluruhan ataupun makna yang terkandug di dalamnya Tari Guel lebih mengutamakan rasa. Tari Guel juga dipandang sebagai museum gerak tak benda yang menyimpan banyak sejarah masyarakat Gayo. Guel adalah identitas penting suku Gayo, menyimpan banyak simbol sejarah yang sudah sepatutnya dipecahkan dan diungkapkan. Agar suku Gayo dan keberadaannya tidak hilang terbawa arus modernisasi. Penelitian ini menggunakan pendekatan Antropologi, yang memandang seni sebagai bagian dari aktivitas budaya manusia. Pendekatan Antropologi digunakan untuk melihat konteks, yang akan membedah kehidupan sosial masyarakat dan adat istiadat Gayo, yang berkaitan dengan Tari Guel dan keberadaannya yang masih dijaga serta dilestarikan oleh masyarakat Gayo. Selain itu penelitian ini juga menggunakan pendekatan Koreografis. Pendekatan ini adalah sebagai teks yang digunakan untuk membedah bagaimana bentuk penyajian dan keseluruhan struktur yang terdapat pada Tari Guel.ABSTRACT Guel dance is understood as a symbolic movement that provides dynamic interaction to the audience, namely about the formation of meaning in the reality of daily life by the Gayo people. In understanding the overall form or meaning contained in it, Guel Dance prioritizes taste. The Guel dance is also seen as a museum of intangible objects that holds much of the history of the Gayo people. Guel is an important identity of the Gayo tribe, holding many historical symbols that should be solved and revealed. So that the Gayo tribe and its existence will not be lost in the current of modernization. This research uses the Anthropology approach, which views art as part of human cultural activities. Anthropology is defined as the science of humans, specifically about their origin, race, customs, beliefs in the past, society and culture. Anthropology used as a context, which will dissect the social life of the people and the customs of Gayo, relating to the Guel Dance and its existence which is still preserved and preserved by the Gayo people. Besides this research also uses a choreographic approach. This approach is a text used to dissect the form of presentation and overall structure contained in the Guel Dance.

scholarly journals Oedipus Sang Raja dan Bujang Munang: Mitos Peletak Dasar Larangan Incest dalam Masyarakat

2018 ◽  
Vol 13 (1) ◽  
pp. 36
Author(s):  
Laura Andri Retno Martini
Keyword(s):  
Social Life ◽  
Basic Structure ◽  
West Kalimantan ◽  
The Past ◽  
The People ◽  
The Social ◽  
History Of ◽  
The Rich ◽  
Almost All ◽  
Diverse Cultures

Folklore is a story of the past that characterizes every nation with its diverse cultures, including the rich culture and history of each nation. The folklore that tells incest is found all over the world. In almost all ethnic groups there is an incest first mythology. Versions are submitted vary, depending on the social life of the community. Bujang Munang and Oedipus are cultural myth stories that have the theme of the origin of the incest ban. Oedipus is a myth that developed in Greece while Bujang Munang is a myth that developed in Nanga Serawai Santang district of West Kalimantan. There is a linkage of the basic structure of the narrative in the story of Oedipus and Bujang Munang. Incest behavior is also not allowed to occur in the norms of life of Greek society and the people of West Kalimantan. There will be unfavorable consequences for incest and surrounding people if the rule is violated.

scholarly journals A Short Note on Ancient Heritage Edifices after the 2015 Earthquake

2016 ◽  
Vol 11 (1) ◽  
pp. 189-190
Author(s):  
Hikmat Raj Joshi
Keyword(s):  
Short Note ◽  
Point Of View ◽  
The Past ◽  
The People ◽  
The Future ◽  
Present Context

The ancient heritage edifces of Nepal have special characteristics both from technical and architectural point of view.  They have gone through several cultural and natural upheavals like tribal invasions and earthquakes.  In this paper, the attempts of the people to reinstate them, in the past and how it should be done, in the present context have been presented in a seminal way for further detail development, in the future. Journal of the Institute of Engineering, 2015, 11(1): 189-190

scholarly journals PERKEMBANGAN PARADIGMA DEMOKRASI PANCASILA DALAM PEMBANGUNAN HUKUM DI INDONESIA

2019 ◽  
Vol 17 (2) ◽  
Author(s):  
Topan Indra Karsa ◽  
Keyword(s):  
Social Life ◽  
Research Method ◽  
Strong Influence ◽  
Religious Nationalism ◽  
Equal Rights ◽  
Legal Research ◽  
The West ◽  
Mutual Cooperation ◽  
Legal Development ◽  
The People

The purpose of this research is to explore the history and process of development and application of Pancasila democracy in Indonesia. The concept of Pancasila democracy in legal development in Indonesia is based on kinship and mutual cooperation aimed at the welfare of the people, which contains elements of religious awareness, based on truth, love and noble character, has an Indonesian personality and is sustainable. The research method used is normative legal research using library materials. The development of democracy experiences fluctuations that affect the joints of social life. The implementation of Pancasila democracy in Indonesia is characterized by religious nationalism, not secular nationalism. The concept of Pancasila democracy does not originate from the notion of individualism that has developed in the west, although it cannot be denied that liberal values ​​that shape democracy in the west, such as equal rights for citizens, freedom of opinion as the main pillar of democracy have a strong influence on the enrichment of Pancasila democracy. Keywords : Democracy, Pancasila, Legal Development

A study of 1970s Hakkâri handmade shoes: An ethnography

2020 ◽  
Vol 6 (3) ◽  
pp. 329-349 ◽  
Author(s):  
Hasan Buğrul
Keyword(s):  
Social Life ◽  
Local Community ◽  
Economic Power ◽  
Important Place ◽  
The Past ◽  
The People ◽  
The Social ◽  
Class And Status ◽  
The One ◽  
Made In

This study examines the types of shoes that were worn in the 1970s in Hakkâri – a city and province in Turkey close to the Turkish–Iraqi border – and its surroundings, linking them to social status, choice and taste, as well as economic power and the original cultural heritage of the local community. The findings detailed herein are based on samples taken from fieldwork conducted in 32 localities. Severe winter conditions have an important place among the factors that shape the social life of the local people of Hakkâri. In winter, they used to wear snowshoes called ‘leken’ to walk comfortably on snow of 2 m depth. Unlike various types of shoes worn today, there were three types of shoes worn in Hakkâri and its surroundings in the past in addition to snowshoes. The first is the one made of goat hair called ‘reşik’; the second is called ‘lastik’, which has a tyre sole and has knitted sides made of goat’s hair yarn; the third is a shoe called ‘kalik’, made from cattle skin. The characteristics of these have close relations with the material, colour and shape of shoes and the class and status of the people who wore them as well as with traditions and culture of the community. As well as exploring the material and other features of these shoes, similar examples, redesigned and made in other nearby provinces, are compared and discussed. This study is significant in that these traditional handicrafts are at risk of vanishing, as are other handicrafts in other parts of the world, due to the influence of technology and industrialization. By considering the traditional methods of shoe-making in Hakkâri and contextualizing this amongst the practices of other nearby provinces, this study aims to contribute to the promotion of the culture and art of the region and add to the limited literature in this field.

scholarly journals Memotret Bentuk-bentuk Toleransi di Desa Kampung Kusamba, Karangasem, Bali

2021 ◽  
Vol 13 (1) ◽  
pp. 1-6
Author(s):  
Naniek Kohdrata ◽  
Cokorda Gede Alit Semarajaya
Keyword(s):  
Social Life ◽  
Oral Histories ◽  
Muslim Population ◽  
The Past ◽  
The People ◽  
Architectural Features ◽  
Analysis Technique ◽  
Depth Interview ◽  
Relationship Of ◽  
The Village

Kampung Kusamba Village is a relatively small size village in the Bali Island with a majority Muslim population. The village area is surrounded by villages that are predominantly Hindu. The Kampung Kusamba is an example that tolerance in social life is actualized. This research emphasizes on documenting tolerance between Kampung Kusamba dwellers with the Balinese through architectural forms and folklores, myths, or any other oral histories. The research method used is qualitative. Data were collected using a purposive approach, utilizing an in-depth interview technique to resource persons and photographic surveyed for architectural forms. The analysis was carried out descriptively using an ethnographic domain analysis technique approach. Preliminary findings from this study were that physical architectural features that reflect the local culture are the same or almost the same as Balinese architecture. A form of tolerance was also found in the form of artifacts that reflected the diversity of the population of Kampung Kusamba in the past. Oral histories of the past as a manifestation of the intangible landscape also showed the attitude and tolerance of the people of Kampung Kusamba and the people who live in Bali respectively. Moreover, there was also a story that shows the position and special relationship of Kampung Kusamba with Klungkung Royal.

scholarly journals POWER RELATIONS IN THE TAMBLINGAN INSCRIPTION IN THE X-XIV CENTURY AD

2021 ◽  
Vol 14 (2) ◽  
pp. 43
Author(s):  
Luh Suwita Utami ◽  
I Wayan Ardika ◽  
I Made Suastika
Keyword(s):  
Political Ideology ◽  
Power Relations ◽  
Social Economic ◽  
Discourse Theory ◽  
Social Aspects ◽  
Literature Study ◽  
Social Rules ◽  
The Past ◽  
The People ◽  
Observation Methods

The king, as the ruler of a region, in the past published inscriptions that functioned as a tool in disputing his power. The inscription contains a discourse about granting rights by the king or high-ranking royal officials to a group of residents in an area. In the X-XIV centuries AD in Bali, a number of inscriptions were published for the Balinese who lived in Tamblingan. This inscription tells about various obligations, taxes, social rules and curses to the people in Tamblingan issued by the kings.This study aims to determine the form of power relations, ideological elements, and implications of power relations contained in the ancient Balinese inscriptions of the X-XIV centuries AD related to the Tamblingan area. The data collection method used in this research is a literature study of the inscriptions published in the X-XIV centuries AD related to the Tamblingan area. In addition, the research also uses interview and observation methods. This research is expected to reveal the forms of power relations of several kings who issued inscriptions for the Tamblingan region. The theories used are deconstruction theory, power relation theory, hermeneutic theory, and discourse theory. In these inscriptions power relations occur in social, economic, religious and social aspects. The ideologies are economic ideology, political ideology and knowledge ideology. Keywords: power relations, Tamblingan inscriptions, ideology

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