scholarly journals SULTAN ADAM LAW IN THE PROGRESSIVE LAW PERSPECTIVE IN BANJAR COMMUNITIES IN THE 18TH CENTURY AD

2020 ◽  
Vol 7 (1) ◽  
pp. 11
Author(s):  
Muhammad Fahmi Al Amruzi ◽  
Masyitah Umar ◽  
Anwar Hafidzi

The Sultan Adam Law provides an important and interesting role in the development of the historyof law in the Banjar land. This happened during the reign of Sultan Adam Al-Watsiq Billah from 1825 to 1857AD. This Law contains matters of religion and worship, issues of Governance Law, Marriage Law, JudicialProcedures, Land Law, and Transitional Regulations. This article discusses the role of the Sultan Adam Lawin the resolution of religious problems in the Banjar community in South Kalimantan and in Progressive law.The findings of this study are that the Law of Sultan Adam became the guide of the judges in deciding cases,becoming a unifying instrument of the kingdom, and an antidote to deviant sect that developed in the 18thcentury AD The Sultan Adam Law also exists as a progressive law, because as a a legal instrument, this lawcan come out of existing traditions and be able to respond to problems that occur in society and always try toconstantly find new meanings and not be bound by absolute meanings. This Law is also able to act as a law thatlives in the midst of society and to meet their needs.

2019 ◽  
Vol 10 (2) ◽  
pp. 219
Author(s):  
Rina Rohayu H

Land given to and owned by people with rights provided by the UUPA is to be used and utilized. The granting and possession of land with these rights will not be meaningful if its use is limited to land as the surface of the earth. The land also has a significant role in the dynamics of development. According to the 1945 Constitution of the Republic of Indonesia NRI,  "earth and water are natural resources contained therein controlled by the state and used for the greatest prosperity of the people." This research uses a normative juridical approach that is research based on the rules / according to the law because this research focused on the use of document studies and literature or secondary data. The research specification used is descriptive-analytic, which describes the law of the land in the era of globalization based on local wisdom. The results of the study illustrate that the role of the land ruling state, which used for the prosperity of the people, is regulated under Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA).On the other hand, the globalization of law is nothing more than a legal intervention from developed countries towards developing countries in order to adjust their laws globally. One way to address the problem of globalization of land law is to reaffirm local wisdom. In other words, they are upholding the customary provisions related to land. Example: provisions of customary land. Customary land is communal land that is jointly owned and thus does not need to be certified.Keywords: globalization, land law, local wisdomABSTRAKTanah diberikan kepada dan dipunyai oleh orang dengan hak-hak yang disediakan oleh UUPA, adalah untuk digunakan dan dimanfaatkan. Diberikannya dan dipunyainya tanah dengan hak-hak tersebut tidak akan bermakna, jika penggunaannya terbatas hanya pada tanah sebagai permukaan bumi saja. Tanah juga mempunyai peranan yang besar dalam dinamika pembangunan. Undang-undang Dasar 1945 menjelaskan bahwa “Bumi dan air dan kekayaan alam yang terkandung didalamnya dikuasai oleh negara dan dipergunakan untuk sebesar-besar kemakmuran rakyat.” Penelitian ini menggunakan pendekatan yuridis normatif yaitu penelitian yang didasarkan kepada kaidah-kaidah/menurut hukum, oleh karena penelitian ini dititik-beratkan pada penggunaan studi dokumen dan bahan pustaka atau data sekunder. Spesifikasi penelitian yang digunakan adalah deskriptif analitis yang menggambarkan tentang hukum tanah di era globalisasi berdasarkan kearifan lokal. Hasil penelitian menggambarkan bahwa peran negara penguasa tanah yang digunakan untuk kemakmuran masyarakat diatur berdasarkan Undang-undang No. 5 tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria (UUPA). Disisi lain, globalisasi hukum tak lebih sebagai intervensi hukum dari negara maju terhadap negara berkembang agar menyesuaikan hukumnya secara global. Salah satu cara menyikapi persoalan globalisasi hukum tanah ini adalah dengan menegaskan kembali kearifan lokal. Dengan kata lain, menegakkan kembali ketentuan-ketentuan adat terkait dengan tanah. Misalnya ketentuan tanah ulayat. Tanah ulayat merupakan tanah komunal milik bersama, dengan demikian tidak perlu disertifikatkan.


Land Law ◽  
2020 ◽  
pp. 39-74
Author(s):  
Elizabeth Cooke
Keyword(s):  
Land Law ◽  
The Law ◽  

This chapter explains how the reforms of 1925 addressed the problem of complexity by redefining legal and equitable estates and interests in land. It then discusses the management of enforceability under the 1925 legislation, particularly by the central role of the trust. The chapter explains how the law has managed the problem of hidden, undocumented ownership rights, and explores the concept of indefeasibility in registered land. Finally the chapter considers the Law Commission’s project commenced in 2014, which was designed to iron out problems that had appeared in the operation of the 2002 Act in the decade since it came into force. It discusses the report published at the conclusion of the project in 2018 and the recommendations therein.


Author(s):  
Dewa Nyoman Gede Suatmaja

The role of the Desa Pakraman (Pakraman Village) in the implementation of tourism investment in Desa Pakraman is represented by Bendesa as the top prajuru (manager) in the Desa Pakraman. Bendesa is a top official in the structure of organization of Desa Pakraman. He bears authority of the desa and representing the village in providing recommendations on the implementation of the investment in the village area. In accordance with the provisions of the Decision of the Pesamuhan I of the Majelis Desa Pakraman Bali (the Bali Pakraman Village Assembly) and the Bali Province Act No. 3 of 2001, the Bendesa is deserved to provide recommendations for any incoming investment into the village. The Bendesa shall get approval of village members for any action he takes. The major factors which affects the implementation of investment in tourism villages, is the role of laws of the village. Awig-awig (the law of the village) is a bastion of the village and the most powerful thing in Bali. Conflict resolution in tourism investment is based on national law and customary laws, in this case the Prajuru plays a central role in preventing and resolving disputes, namely in response, communicate and reduce the potency of conflict. In resolving conflicts, the Prajuru implementing the customary law, the Assembly legal instrument for deliberations of the conflict by accommodating the interests of the parties to the dispute. Tulisan ini bertujuan untuk mengkaji peranan Majelis Desa Pakraman (MDP) Bali dalam pelaksanaan investasi kepariwisataan di wilayah desa pakraman. Setelah dilakukan pengkajian dengan metode penelitian hukum normatif, akhirnya dapat disimpulkan sebagai berikut. Pertama, faktor penarik pelaksanaan investasi kepariwisataan di wilayah desa pakraman meliputi (a) keindahan alam dan kondisi sosial budaya yang unik dan bernilai tinggi; (b) faktor kebijakan dan regulasi pemerintah yang mendukung pelaksaaan investasi di wilayah desa pakraman; dan (c) di sisi lain desa pakraman dengan awig-awig yang dimilikinya dapat menjadi faktor pengendali bagi pelaksanaan investasi di wilayahnya. Kedua, MDP Bali tidak dapat berperan secara langsung dalam pelaksanaan kepariwisataan di wilayah desa pakraman, sebab pelaksanaan investasi di wilayah desa pakraman merupakan urusan otonomi desa pakraman yang bersangkutan. MDP Bali hanya dapat berperan: (a) memberi saran, usul dan pendapat kepada pihak-pihak yang berkepentingan; (b) mendorong desa pakraman untuk mengendalikan investasi di wilayahnya. Dorongan tersebut dituangkan dalam Keputusan MDP Bali Nomor 050/Kep/Psm-1/MDP Bali/III/2006 yang menegaskan bahwa setiap investasi di wilayah desa pakraman wajib mendapat rekomendasi dari desa pakraman. (3) Upaya yang dapat dilakukan oleh MDP Bali dalam penyelesaian konflik di bidang investasi kepariwisataan di wilayah desa pakraman adalah menjadi mediator dalam penyelesaian konflik yang dilakukan oleh para pihak.


2005 ◽  
Vol 43 (1) ◽  
pp. 119-138 ◽  
Author(s):  
Ambreena Manji

Patrick McAuslan, Bringing the Law Back In: essays in land, law and development (Aldershot: Ashgate. 2003)The title of the book sums up my overall stance: there is an important role for law in development generally and in land reform in particular and it is, in my view, wholly beneficial that after almost three decades of virtually ignoring the role of law in development … international financial institutions, aid agencies and scholars in the West are beginning to appreciate and reaffirm both its centrality to development in practice and its centrality to understanding the process of development and change in societies in developing countries. (McAuslan 2003: vii)He who is able to translate others' interests into his own language carries the day. (Latour 1983: 144)


2015 ◽  
Vol 15 (1) ◽  
pp. 94-103
Author(s):  
Sanawiah Sanawiah

The purpose of this study was to find out what sirri marriage laws according to Islamic Law and Positive Law, to find harmony and marriage requirements and to find out how the role of Religious Court of Palangka Raya in socialization confirmation marriage. The method used in this research is the method of legal normative. As for the type of research used in this study is inventory regulations that related to confirmation of marriage legalized marriage sirri according to Positive Law and Religious Law. Law wedding sirri results according to Islamic Law and Positive Law, sirri marriage according to Islamic Law illegitimate because it does not have a guardian of marriage, while marriage sirri in the view of the majority of Indonesian society is marriage not recorded but the terms and illegitimate pillars have been met in accordance with Islamic Law. Meanwhile, according to the law of the wedding positive sirri is as where according to Marriage Law in Indonesia if a legal marriage in syar'i then legitimate also according to law "marriage is not recorded" is legal according to the laws and regulations because according to Islamic Marriage Law applicable in Indonesia is based on Article 2 (1) of Law No. 1 of 1974 in conjunction with Article 4 Compilation of Islamic Law (as ius constitutun) in conjunction with Article 3 bill-HM-PA-Bperkw 2007 (as ius constituendum).


Author(s):  
Elizabeth Cooke

This book is an account of the land law of England and Wales written in the Clarendon style: as a letter to a friend, with a minimum of footnotes and statutory material. It explains the origins of land law in the feudal system, its transformation by the legislation of 1925, and the modern regime in which registration is the key to the validity and enforceability of interests in land. The unique role of the trust in English law is explored, and the many complications that can arise where ownership of land is shared (whether concurrently or consecutively). Themes of the book include the management of complexity in land law, and the tension between dynamic and static security. The law of mortgages, leases, easements, and covenants is explained. Recent decisions of the Court of Appeal and the Supreme Court are discussed, as are reform proposals by the Law Commission.


2021 ◽  
Vol 3 (2) ◽  
pp. 221-238
Author(s):  
Abdur Rakib ◽  
Zakiyah Muhammad Jamil

This research is substantively looking for the position of the meaning and benefits of a legal statement in Islamic fiqh. So as to find the root of the problem and the reasons for the stipulation of a law against mukallafin. This of course has to approach and consider asbab and eat the occurrence of an activity that is labeled the law by Shari '. So that the details of the rule of law in the context of the place can be explained and adjusted to the demands of the time. The use of theory in this study is to consider the opinions of the scholars (library research) by looking for details on the reasons for the enforcement of a legal instrument in a social community as well as the timing and circumstances of the law. The results of this study indicate that understanding the illat of law is a necessity in a consideration of Islamic law. Meanwhile, understanding the law and the wisdom of law, especially in terms of the role of changing a law according to time and place, is also something that cannot be avoided.


2020 ◽  
pp. 84-135
Author(s):  
Judith-Anne MacKenzie ◽  
Aruna Nair

Course-focused and comprehensive, the Textbook on Land Law provides an accessible overview of one key area on the law curriculum. The Land Registration Act 1925, which governed the system of registered land, was repealed and replaced by the Land Registration Act 2002, which in the main came into force on 13 October 2003. This chapter focuses on the terms of the 2002 Act and the rules made under it (Land Registration Rules 2003). The discussion covers the basics of land registration, including the appearance of the land register and the types of entry that can be made on it; the process of first registration of unregistered land; the formalities for transferring and creating rights in registered land; the protection of purchasers of registered land and the role of overriding interests; and the circumstances in which the register can be changed and those who have suffered loss by reason of the registration system can be indemnified by the state.


2020 ◽  
Vol 4 (2) ◽  
pp. 108-114
Author(s):  
Bambang Sulistyo

This article aims to trace the role of the book Amanna Gappa, also known as Ade Alopping-loping Bicarana Pabalue, as a set of business ethics practiced by the Wajo ethnic group in the city of Makassar in the 18th century. The Wajo people of Makassar at that time were one of the tribes that lost the war between the Goa-Tallo Sultanate and the alliance of the Sultanate of Bone and the Dutch trading company VOC (Vereenigde Oost-Indische Compagnie) in the 1660s. The Wajo people were famous as great traders in Southeast Asia and their communities are scattered across the Indonesian archipelago. This article argues that one of the factors for their success in maritime trade is their ability to create business rules and ethics in maritime navigation and trade. Some scholars refer to this set of rules as the law of navigation or the law of commerce. However, this research seeks to explain that this set of rules was a set of maritime business ethics practiced by the Wajorese as traders and sailors. The Wajo people were not rulers of a sovereign state and were unlikely to have been able to enforce their business ethics as a law.


2021 ◽  
Vol 2 (2) ◽  
pp. 195-203
Author(s):  
Abdur Rakib ◽  
Zakiyah Muhammad Jamil

This research is substantively looking for the position of the meaning and benefits of a legal statement in Islamic fiqh. So as to find the root of the problem and the reasons for the stipulation of a law against mukallafin. This of course has to approach and consider asbab and eat the occurrence of an activity that is labeled the law by Shari '. So that the details of the rule of law in the context of the place can be explained and adjusted to the demands of the time. The use of theory in this study is to consider the opinions of the scholars (library research) by looking for details on the reasons for the enforcement of a legal instrument in a social community as well as the timing and circumstances of the law. The results of this study indicate that understanding the illat of law is a necessity in a consideration of Islamic law. Meanwhile, understanding the law and the wisdom of law, especially in terms of the role of changing a law according to time and place, is also something that cannot be avoided.


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