scholarly journals Reflection of the Concept of Sanctions and Law on the Tamambaloh Dayak Custom

2021 ◽  
Vol 23 (2) ◽  
pp. 309-324
Author(s):  
Efriani Efriani ◽  
Edy Agustinus

The phenomenon of sanctions encourages the custom to be labeled “Customary Law” is an interesting phenomenon to be reflected on. In this regard, it reflects on the tradition of the Tamambaloh Dayak ethnicity as social control, and provides a view on the tradition which has the sanctions. This article used an ethnographic qualitative study approach with in-depth observations and interviews. This study described the concept of sanctions on the customs and customary law of the Tamambaloh Dayak in West Kalimantan Province. The results of this study indicated that both customs and customary law in the Tamambaloh Dayak both had sanctions. Sanctions have a function as a symbol of balancing or re-harmonizing the condition of the universe that is experiencing chaos due to human actions. Therefore, sanctions are not interpreted as punishment but as a cultural process.

2017 ◽  
Vol 10 (15) ◽  
pp. 6-12
Author(s):  
Shumaila Umer ◽  
Zaheruddin Othman ◽  
Kalthum Bt Haji Hassan ◽  
Rahila Umer ◽  
Habib Ur Rehman

AbstractGossip is prevalent and is widespread in human society. Gossip has been denigrated as ‘idle talk’, mostly among women based on ‘trifling or groundless rumour’. The nature and intensity of gossiping victimise women in society. Consequently, women bear serious threat to their well standardized lives. The study aims to understand the women’s experiences with gossiping as a barrier to empowerment. This is a qualitative study with inductive approach. Men and Women are selected as a informants for this study. The data were congregated through in-depth interviews. The results indicate that gossiping or fear of being gossiped is a strong social control in the social setup of Balochistan. This prevents women from being empowered. This paper is intended to be a contribution to exploiting the ideas of women about gossiping as an essential social control or barrier for empowering women.


Author(s):  
Isabele de Matos Pereira de Mello

In early modern societies, the duty of enforcing justice was one of the principal tasks of the monarch. Judicial power could be exercised both directly by the monarch—the supreme magistrate—or by those he delegated it to—judges or his courts. In the vast territory of Portuguese America, different institutions were created to ensure access to justice, to help govern the people, to assist in long-distance administration, and to maintain control over the crown’s dominions. Ouvidorias-gerais, judges, and courts were established with their own institutional officials, intermixing lower- and higher-level jurisdictions and exercising justice over distinct territorial spaces. To understand the functioning of judicial institutions in colonial society, it is important to analyze the universe of magistrates, their careers, judicial practices, and complex relations in the social environment. Magistrates, as an important professional group recruited by the Portuguese monarchy, had multiple overseas possibilities. They could serve at the same time as representatives of royal power and allies of local groups. These men faced a colonial reality that allowed them a wide sphere of action, the exercise of a differentiated authority, and a privileged position as intermediaries between local elites and the king. Even though all magistrates were subject to the same rules of selection, recruitment, appointment, and promotion, the exercise of justice in the slaveholding society of Portuguese America demanded a great capacity for adaptation and negotiation, for the application of law in the mosaic of local judicial situations. Magistrates circulated in different spaces, creating and working in different judicial institutions in the difficult balance between theory and practice, between written law and customary law.


Author(s):  
Sayani Sayani

Balinese and English have different grammatical structure and English does not have speech level like Balinese. The condition may cause both linguistic and cultural shifts to make the translation equivalent. This difference becomes a challenge for translators in finding the closest natural equivalent of Balinese terms of address in English or vice versa. This study analyzed types of shifts in translation occurred in the translation of the terms of address from Balinese into English in puppet shadow script ‘Lubdaka’. This study belonged to qualitative study approach and used descriptive method. The primary data is the translation of terms of address from Balinese into English directly taken from puppet shadow script and its translation into English of the Lubdaka story in the book The Invisible Mirror of Siwaratri Kalpa (2008). Shifts in translation in the data occurred in grammatical (transposition) and in point of view (modulation). There are four types of shifts that belong to the grammatical: structure shift, class shift, unit shift, and intra-system shift. Meanwhile, there are three types of shifts found that belongs to the shift in point of view: lexical dense shift, lexical loose shift, and emphasizing on 2nd person.


2017 ◽  
Vol 2017 ◽  
pp. 1-6 ◽  
Author(s):  
Freda Intiful ◽  
Claudia Osei ◽  
Rebecca Steele-Dadzie ◽  
Ruth Nyarko ◽  
Matilda Asante

The objective of this study was to evaluate the views of first-time expectant mothers on breastfeeding. A qualitative study approach using focus group discussions was used to solicit the views of 25 expectant first-time mothers. The results indicated the intention to breastfeed, though some were willing to opt for formula feeding when the need arises. Knowledge on breastfeeding issues was minimal among this group. Common sources of information on breastfeeding issues were obtained from home (relatives), hospital, and television. The need to support and provide adequate education on breastfeeding issues is critical among this category of women.


Appetite ◽  
2016 ◽  
Vol 107 ◽  
pp. 604-612 ◽  
Author(s):  
Melissa J. Vilaro ◽  
Tracey E. Barnett ◽  
Anne Mathews ◽  
Jamie Pomeranz ◽  
Barbara Curbow

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Thania Fransisca Br Saragih ◽  
Erikson Saragih ◽  
Rutmelina Sianipar

A Textbook is one of the tools used by a teacher to help them convey material to students during the learning process. The research used a qualitative study approach with an analytical research design of the contents of textbooks using the training method in the textbook. The objectives of the study are: (1) to see the contents of the Let's Learn English textbook to the 2013 curriculum was relevant. (2) To find out what kinds of new words are contact in the textbook. (3) Researching and analyzing how the practice of word forms in the textbook let's learn English. The results of this study show that content's of the Let's Learn English textbook for class X is very good. Researchers easily find information about vocabulary in the form of exercises. These findings show that: (1) Content textbooks is very relevant to the 2013 curriculum. (2) In analyzing the contents of textbooks, researchers find it easy to find information about new vocabulary. (3) The form of vocabulary exercises according to the material from the content Based on the researcher about the analysis of this textbook, the suggestion is that the reader does not just read the material in the text, but understands the meaning and purpose of the material so that information would received accurately.


2021 ◽  
Vol 5 (2) ◽  
pp. 741
Author(s):  
Mahdi Syahbandir ◽  
Dahlawi MAZ ◽  
Wais Alqarni ◽  
Munawwarah Samad

This study aims to discuss the advocacy of imeum mukim in preventing environmental pollution in Aceh Jaya according to customary and Islamic law. The research is an empirical legal study, while the research approach is a case study approach, which is a study that analyzes a particular case. The theory used is the role and authority theory associated with customary and Islamic law. This study concludes that imeum mukim has a vital role and authority in Acehnese society because imuem mukim can resolve cases at the mukim level if it is unresolved at the village level. Then Imeum Mukim in Aceh Jaya has been advocating and socializing the prevention of environmental pollution by revitalizing customary rules, making qanuns at the mukim and village levels that accommodate the protection of the environment, for example, maintaining watersheds and prohibiting logging, including protecting certain animals. In addition, Imuem Mukim can also encourage CSR funds from companies to assist orphans, the poor, and environmental conservation. Furthermore, environmental pollution in the perspective of customary law is accommodated in customary rules and prohibitions. This is because customary law has philosophical, juridical, and sociological powers that have become living law. Meanwhile, in the perspective of the Islamic law that polluting the environment is a prohibition that brings God's wrath, it also destroys environmental sustainability and human benefit in general. On the other hand, preserving the environment is an obligation humans must carry out.


2020 ◽  
Vol 1 (1) ◽  
pp. 1-33
Author(s):  
M. Syamsudin ◽  
Journal Manager APHA

This paper is intended to describe some approaches in studying the Indonesian Adat Law. From the exposure is expected to provide various perspectives in studying the sides of Indonesian Adat Law that is used as the object of study of legal scholars today. The current issue of Indonesian Adat Law studies shows a very distressing and lagging state when compared to other legal studies such as Western Law. This situation indicates how Indonesian Adat Law will be left behind and will likely be alienated from the academic community in the future. The problem is allegedly caused by among others the lack and freezing of existing materials and the absence of unity of theme and orientation of study. This paper is intended as an effort to respond to the situation, namely the effort to provide direction and contribution of thought and further development of the study and teaching of customary law which is still ongoing in the faculties of law in general. This study is considered a study of doctrinal law with reference to secondary data. Secondary data collected were processed in a non-statistic, analyzed descriptively-qualitative, and presented narratively based on the topic of the problem studied. The results of this study indicate the need for the Indonesian Adat Law study approach within the framework of Indonesian national jurisprudence. The object of study of this approach is the idea of Adat Law that was born and started since the Indonesian Youth Congress in 1928, which in its development has spawned Pancasila and the 1945 Constitution as the basis and constitution of the independent Indonesian state. In this development Adat Law is essentially an escalation of the values and principles of local adat law into the values and principles of law that serve as the basis of the framework of Indonesian National Law. Therefore, it is necessary to approach Indonesian national jurisprudence in studying Adat Law.


2020 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Vida Pervaya Rusianti Kusmartono ◽  
Imam Hindarto

Pada waktu manusia mulai sadar bahwa terdapat hakikat di alam semesta yang lebih ‘besar’ dan ‘berkuasa’ yang dapat mempengaruhi kelangsungan hidupnya, manusia berupaya untuk dapat mempersonifikasikan ‘kekuatan’ tersebut. Upaya personifikasi ini ditujukan agar ‘kekuatan’ alam lebih bersifat teraba oleh indera manusia. Wujud personifikasi tersebut dapat berupa struktur, gambar arang, lukisan cadas, atau arca, yang dijumpai di situs-situs gua atau situs terbuka di Nusantara. Salah satu wujud personifikasi alam yang ditemukan di Bukit Beribit di pedalaman hutan Sintang di bagian barat Kalimantan adalah arca Sake. Gejala yang menarik dari arca Sake ini adalah sosok dan sifat kesendiriannya, di tengah belantara hutan hujan tropis di lembah selatan Pegunungan Müller, tanpa didampingi komponen lain yang mendukung keberadaannya. Arca Sake ini berupa bentukan monolit vulkanis setinggi 2 meter, dan disebut sebagai ‘batu Tenavak’ oleh masyarakat Ot Danum. Arca serupa belum ditemukan di kawasan lain di Kalimantan. Apakah sebenarnya arca Sake ini? Etnohistori menyebutkan dua versi tentang arca tersebut, yaitu sebagai tanda mata perkawinan Rikai kepada Panjan, dan sebagai perisai spiritual atas serangan musuh terhadap etnis Ot Danum. Penelitian ini dilakukan dengan menggunakan metode kualitatif-deskriptif dengan penalaran induktif. Penalaran tersebut diuraikan dengan cara menggambarkan secara rinci data yang telah dikumpulkan, merekamnya secara verbal dan piktoral, dianalisis, untuk selanjutnya disintesiskan. Arca Sake diinterpretasikan sebagai figur arca penjaga, yang konsep pengarcaannya mengambil unsur campuran wujud binatang-binatang amfibi dan reptil dari konsep religi tua, dan berfungsi menjaga kawasan hutan Bukit Beribit.When human began to realize that there was an entity in the universe that was 'bigger' and 'powerful' that can affect their survival, human strived to personify such 'power'. This effort was intended so that the 'strength' of nature was more tangible to human senses. Such personification can take the form of structures, charcoal drawings, rock paintings, or statues, which can be found in cave sites or open sites in Nusantara. One manifestation of this nature personification found at Bukit Beribit in the depths of the Sintang forest in western Kalimantan is the Sake stone statue. An interesting phenomenon about the Sake stone statue is its form and solitariness, in the midst of tropical rainforests in the southern valley of Pegunungan Müller, unaccompanied by components that support its existence. The Sake stone statue is of a volcanic monolith as high as 2 meters, and is called the 'Tenavak stone' by the Ot Danum community. Similar statues have not been found in other regions of Kalimantan. What exactly is the Sake stone statue? The Ot Danum ethnohistory mentions two versions of its identity, i.e. as a dowry from Rikai to Panjan, and as a spiritual shield to prevent the Ot Danum from enemy attacks. This research was conducted using qualitative-descriptive methods with inductive reasoning. The arguments were described by depicting the collected data in detail, recording them verbally and pictorially, analysed and eventually synthesized them. The Sake stone statue was interpreted as a figure of a keeper, where the sculpture takes on an element of mixture of animals amphibian and reptile from old religious concepts, and serves to protect the forest region of Bukit Beribit.


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