scholarly journals Is The Constitutional And Legal Recognition Of Traditional Community Laws Within The Multicultural Country Of Indonesia A Genuine Or Pseudo Recognition?

2016 ◽  
Vol 1 (2) ◽  
pp. 49
Author(s):  
I Nyoman Nurjaya
Keyword(s):  
Social Stratification ◽  
Local Communities ◽  
Customary Law ◽  
State Law ◽  
State Laws ◽  
Unity In Diversity ◽  
Cultural Power ◽  
The Government ◽  
Law And Legislation ◽  
And Control

Indonesia is well known amongst Southeast Asian countries for it multi- cultural identity in terms of ethnicity, religion, race and social stratification. Indonesia embodies its motto of Unity in Diversity, which refers to the culturally rich configuration of Indonesia, containing cultural capital and cultural power. However, cultural diversity also yields conflict due to inter-ethnic and inter- religious disputes that have the potential to generate social disintegration and even threaten the fragmentation of  Indonesia as a Nation  State.  In the eyes    of legal anthropologists, sources of conflict are often based on discriminatory policies expressed within the State’s law and legislation with regard to the recognition and protection of local communities across the country, namely ‘adat’ communities practising traditional, customary law, known as ‘adat’. Thus, State laws enacted and enforced by the Government tend to dominate and marginalise, even ignore the rights of  the local communities, particularly regarding access   to and control over natural resources, which is otherwise governed by the adat law of the region. This paper attempts to offer an answer to the fundamental question of whether the 1945 Constitution recognises and protects the traditional communities and their adat laws by employing a legal anthropological approach, with the purpose of obtaining a better understanding of development of State law in a multicultural Nation and looking towards a more just and equitable Indonesian State law.

scholarly journals Community engagement in the prevention and control of COVID-19: Insights from Vietnam

PLoS ONE ◽  
2021 ◽  
Vol 16 (9) ◽  
pp. e0254432
Author(s):  
Bui Thi Thu Ha ◽  
La Ngoc Quang ◽  
Pham Quoc Thanh ◽  
Duong Minh Duc ◽  
Tolib Mirzoev ◽  
...  
Keyword(s):  
Infection Control ◽  
Community Engagement ◽  
Migrant Workers ◽  
Prevention And Control ◽  
Steering Committee ◽  
Local Communities ◽  
Vulnerable Groups ◽  
Cross Sectional ◽  
The Government ◽  
And Control

Introduction Community engagement (CE) is an effective public health strategy for improving health outcomes. There is limited published knowledge about effective approaches to CE in ensuring effective responses to COVID-19 throughout lockdowns, travel restrictions and social distancing. In this paper, we contribute to bridging this gap by highlighting experience of CE in Vietnam, specifically focusing on migrant workers in Vietnam. Methods A cross-sectional qualitative study design was used with qualitative data collection was carried out during August-October 2020. Two districts were purposefully selected from two large industrial zones. Data was collected using in-depth interviews (n = 36) with individuals and households, migrants and owners of dormitories, industrial zone factory representatives, community representatives and health authorities. Data was analyzed using thematic analysis approach. The study received ethics approval from the Hanoi University Institutional Review Board. Results The government’s response to COVID-19 was spearheaded by the multi-sectoral National Steering Committee for the Prevention and Control of COVID-19, chaired by the Vice Prime Minister and comprised different members from 23 ministries. This structure was replicated throughout the province and local levels and all public and private organizations. Different activities were carried out by local communities, following four key principles of infection control: early detection, isolation, quarantine and hospitalization. We found three key determinants of engagement of migrant workers with COVID-19 prevention and control: availability of resources, appropriate capacity strengthening, transparent and continuous communication and a sense of trust in government legitimacy. Discussion and conclusion Our results support the current literature on CE in infection control which highlights the importance of context and suggests that future CE should consider five key components: multi-sectoral collaboration with a whole-of-community approach to strengthen governance structures with context-specific partnerships; mobilization of resources and decentralization of decision making to encourage self-reliance and building of local capacity; capacity building through training and supervision to local institutions; transparent and clear communication of health risks and sensitization of local communities to improve compliance and foster trust in the government measures; and understanding the urgent needs ensuring of social security and engaging all parts of the community, specifically the vulnerable groups.

scholarly journals Early Child Marriage: Customary Law, Support System, and Unwed Pregnancy in Gorontalo

2021 ◽  
Vol 5 (2) ◽  
pp. 780
Author(s):  
Sastro Mustapa Wantu ◽  
Irwan Abdullah ◽  
Yowan Tamu ◽  
Intan Permata Sari
Keyword(s):  
Support System ◽  
Married Couples ◽  
Customary Law ◽  
Religious Leaders ◽  
Life Choices ◽  
State Laws ◽  
Unwed Pregnancy ◽  
The Government ◽  
High Level

The rate of underage marriage in Gorontalo is very high, even though religion, customs and state laws prohibit it. The results of the direct interviews conducted and the observations made indicate that poverty, low levels of education and matchmaking myths may have caused this increase. Furthermore, the increasingly high level of promiscuity and weakened socio-cultural ties have led to an increase in the number of extramarital pregnancies, and forced marriage is unavoidable to maintain the dignity of the community. It was discovered that most married couples do not wed legally until they have problems in their marriage and seek a divorce. Moreover, women must also be responsible for their life choices because this paper shows that poor service practices have caused underage women to be objectified by physical, social and symbolic violence. The unavailability of a support system from the government and society makes a partner rely on the kindness of his or her parents. Therefore, it was suggested that government intervention, in the form of prevention and support systems for underage married women, must be integrated with the role of the community and religious leaders.

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 A Relational Analysis of State Law and Folk Law in the Bongkoran Agrarian Conflicts, Banyuwangi Regency, East Java, Indonesia

Society ◽  
2020 ◽  
Vol 8 (2) ◽  
pp. 419-436
Author(s):  
Umar Sholahudin ◽  
Hotman Siahaan ◽  
Herlambang Perdana Wiratraman
Keyword(s):  
Land Tenure ◽  
Historical Context ◽  
Sampling Technique ◽  
State Law ◽  
Research Subjects ◽  
Economic Dimension ◽  
State Laws ◽  
The Government ◽  
The Relationship ◽  
Depth Interviews

Apart from having a socio-economic dimension, agrarian conflicts in Bongkoran, Banyuwangi Regency, East Java Province, Indonesia, also have a legal dimension. There is a dualism of law that is conflictual in terms of land tenure and use claims. One party, the government, and corporations rely on legalistic-positivistic state laws, while local people rely on folk law, namely informal laws that have existed, lived, and developed in communal society for generations. This research focuses on how the sociological perspective of law analyzes the legal conflicts that occur in Bongkoran agrarian conflict, particularly between state law and folk law. This research used a qualitative method with a legal sociology perspective. The research subjects were farmers/people of Bongkoran, Community Legal Advisors (CLA), Government (Local Government, National Land Agency, and Police), and corporate elements (PT Wongsorejo). Informants were selected using a purposive sampling technique, based on certain considerations that can be recognized beforehand, namely recognizing and understanding the problem under this research. Data collection was conducted through observation, in-depth interviews, and documentation. The collected data were analyzed qualitatively by referring to the perspectives that have been presented. The results indicated that the resolution of agrarian conflicts in Bongkoran requires the implementation of laws that are more just for local communities. The implementation of the laws is not only based on rigid articles in the law, but it needs attention to the socio-cultural and historical context of the community. The dominance of state law over folk law in agrarian conflicts results in the practice of subjugation of state law to folk law, both persuasively and repressively. Therefore, to minimize the tension and conflict between state law and folk law in agrarian conflicts, it is necessary to have a new understanding of the relationship between the two laws. The existence and enforcement of folk law are used as a complementary element in normative aspects that have not been regulated in state law.

scholarly journals The Problem of Property Rights to Land Acquisition of State (Jurisprudence and Conditions in Land National Law)

2019 ◽  
Vol 2 (3) ◽  
pp. 51-60
Author(s):  
Mahli Ismail
Keyword(s):  
Property Rights ◽  
Land Rights ◽  
Customary Law ◽  
Land Acquisition ◽  
General Terms ◽  
Absolute Requirement ◽  
The Government ◽  
Set Up ◽  
And Control

This study aims to answer the problem of construct and control of the state land by various parties to acquire the property. Structurally scholars of jurisprudence establishof three procedures, such as identification, turn and obtain approval from the government to acquire the property. While the provisions of the National Agrarian Land Legislation of Indonesia set-up of property rights happen in three ways; the determination of the government, the provision of conversion  and based on customary law. These requirements include the identification of former state land and wastelands and conditions, cultivation way, and obtaining permission from the government. While distinctive occur in terms designation and use of land in the Treasury Office into the absolute requirement for bookkeeping administrative enforcement of land rights. While the jurisprudence is not required certain types of plants or buildings in the enforcement of land rights administration books. While in general terms there should be plants and buildings as well as the limits of the fence is needed as a requirement in jurisprudence. While at the acreage requirement in the Treasury Office required two hectares per household, is an important requirement for the Treasury Office, because they want to regulate the distribution and people's livelihood of farmers` equalization.

scholarly journals The Legality of Marriage According to Customary, Religion and State Laws: Impacts on Married Couples and Children in Manggarai

2019 ◽  
Vol 19 (2) ◽  
pp. 302
Author(s):  
Yohanes S Lon
Keyword(s):  
Married Couples ◽  
Customary Law ◽  
State Law ◽  
Marriage Law ◽  
Cultural Community ◽  
State Laws ◽  
Religious Law ◽  
Legal Uncertainty ◽  
Religion And State

This study explores the complexity of marriage for people in Manggarai. Since they are citizens of the cultural community of Manggarai, Indonesian citizens, and members of a Catholic community, their marriage is required to follow the provisions of customary law, religious law, and state law. Using a library and ethnographic approaches, the study compares these laws on the legality of marriage and analyzes their differences and the impacts on the rights and obligations of married couples and children born to the couple. The study discovered that the differences in the provisions regarding the validity of a marriage between the three laws have provided space for the emergence of legal uncertainty and discriminatory treatment of customary marriages which are not legalized by religious law and state law as well as marriages that are divorced civilly but are still valid according to Catholic rules. Such a phenomenon is certainly a portrait of failure or incompetence in the attempt to unify marriage law in Indonesia through Law No. 1 of 1974 concerning Marriage. So it is urgent to have a more comprehensive new law that accommodates the wisdom of local customary law and provides protection for every citizen

scholarly journals Power of emperor in Russian legal discourse of second half of 19th– early 20th centuries: justification and options for interpretation

2021 ◽  
Vol 6 (1) ◽  
pp. 9-15
Author(s):  
I. G. Adoneva ◽  
◽  
Yu. V. Druzhinina ◽  
Keyword(s):  
Legal Framework ◽  
Russian Empire ◽  
State Law ◽  
State Laws ◽  
Virtual Absence ◽  
Imperial Power ◽  
History Of ◽  
The Government ◽  
The Russian Empire ◽  
Scientific Ideas

The article is devoted to resolving the issue of how the legal intellectual elite of the period under review understood the imperial power, its origin, capabilities and authorities. The legal professorship formed an outwardly consistent discourse between the theoretical aspects of state law and the content of the Basic State Laws of the Russian Empire: teachers had to justify and explain the existence of the unlimited power of the monarch. They analyzed the courses of state law developed by nine professors of the Imperial Universities and the School of Law. The methodological basis of this study is the history of intellectual culture as an analysis of legal ideas and discourses in the context of the second half of the 19th - early 20th centuries. The power of the emperor is characterized by the authors of textbooks in a section that is most often called «On the Supreme Power». Russian autocracy was described by jurists in a conceptual and categorical apparatus borrowed from their European colleagues. Legal scholars were looking for a balance between their own personal and scientific ideas and the form of government that existed in the Russian Empire. Despite the differences in the political outlook, they saw the reason for the Russian autocracy in the historical development: a vast territory, low population density, and the virtual absence of a struggle between the government and society. For state scholars closely associated with Western jurisprudence, who shared its values, it was important to emphasize the belonging of the Russian Empire to the European world, where a skeptical view of the Russian monarchy remained. This way out was the idea of legality. Without disputing the content of the «Fundamental State Laws» and guided by censorship considerations, the professors tried to convey to the student university audience the idea that the bureaucratic apparatus formed in the empire is a natural limiter of the imperial power; the legal framework is an obstacle to despotism, and the judiciary is in fact independent. This kind of theoretical constructs became a compromise between the preservation of absolute monarchical power and the worldview of those jurists who shared liberal values

Bhineka Tunggal Ika as Source Politics and Identity of Indonesian Culture in The Formation of Law

Cultura ◽  
2020 ◽  
Vol 17 (1) ◽  
pp. 57-72
Author(s):  
Gede Marhaendra Wija ATMAJA ◽  
Ida Ayu Komang ARNIATI ◽  
Gede Yoga Kharisma PRADANA
Keyword(s):  
Cultural Identity ◽  
International Law ◽  
Research Problem ◽  
Customary Law ◽  
State Law ◽  
Literature Study ◽  
Political Sources ◽  
Religious Law ◽  
Unity In Diversity ◽  
The Times

Abstract: The purpose of this study seeks to analyze the problem of Unity in Diversity as a Source of Politics and Cultural Identity of the Indonesian Nation in Legal Formation. In general, the process of establishing customary, national, regional and international law in various parts of the world no one knows even uses Bhineka Tunggal Ika as the source of legal formation. However, often the formation of law in Indonesia refers to the philosophical meaning of Unity in Diversity. The formulation of the research problem: 1) What are the markers of Unity in Diversity in Legal Formation ?; 2) Why is Bhineka Tunggal Ika so important in the Formation of Law in Indonesia ?; 3) Is there a contribution of Bhineka Tunggal Ika in the formation of customary law ? This research was completed using qualitative methods. All data in this study are descriptive which have been collected directly or indirectly. Data acquisition is optimized through a literature study. All data were analyzed qualitatively to solve the research problem. The results showed that: 1) Unity in Diversity can be a marker of Indonesian national cultural identity in Legal Pluralism; 2) Bhineka Tunggal Ika in the formation of state law is considered relevant as a political source that is able to accommodate Customary Law and Religious Law into State Law; 3) Unity in Diversity as the identity of Indonesian Nation Culture, as well as political sources, has contributed in the spirit of the formation of Customary Law in the midst of the times.

Customary Law Before Religion and State Laws Regarding Marriage In Manggarai, Eastern Indonesia

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Yohanes S Lon ◽  
Fransiska Widyawati
Keyword(s):  
Human Rights ◽  
Married Couples ◽  
Customary Law ◽  
Analytic Approach ◽  
State Law ◽  
State Laws ◽  
Eastern Indonesia ◽  
Religious Law ◽  
Legal Position ◽  
Religion And State

This article explores the position of customary law before state law and Catholic religious law regarding marriage in Mangggarai, Flores, Indonesia. This study applied a critical analytic approach. This study found that the legal position of Manggarai adat concerning marriage is weaker and tends to be marginalized. It happened because state law explicitly Law No. 1 of 1974 concerning Marriage merely accepting the legality of marriage based on religious law and not customary law. Meanwhile, religious law, in this case, Catholicism, does not provide space for customary law in matters of marital legality. As a result, many married couples who have been bound their marriage according to customary law experienced injustice as their marriage was considered illegitimate according to religious and state law. However, this research found many positive contributions of customary law to the process, legality, and integrity of marriage. Therefore, this study recommends that the Indonesian Marriage Law and Catholic Religious Law need to accommodate customary law in marriage, taking into account human rights and justice principles. Both laws need to be revised so that they can place local customary law in an equal position.

Design Policy Driven Development of Chinese Industry

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Fei HU ◽  
Kun ZHOU ◽  
Hongshi ZHOU
Keyword(s):  
Industrial Design ◽  
Modern Society ◽  
Yangtze River Delta ◽  
Regional Government ◽  
Delta Area ◽  
Chinese Industry ◽  
Design Competition ◽  
The Government ◽  
Macroeconomic Regulation And Control ◽  
And Control

Governments all over the world are paying great attention to economic innovation and the development of design in modern society. They are spending more and more recourses on making rules for Industrial Design Policy and measuring its implementation. As a method to make macroeconomic regulation and control by the government, the effectiveness and importance of design policy has already been widely admitted. In a macro-background of the three turns of Chinese design policy, taking the design policy of Guangdong province as an example, this article will analyze how local/regional government should respond to the national design policy. Based on the investigation and analysis of the winners of the "Guangdong Governor Cup Industrial Design Competition", this paper discusses how industrial design competition as a part of the design policy to support the development of industrial design. After making a comparison with the design policy of the Yangtze River Delta area, this article tries to enhance and perfect the current policy path.

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