scholarly journals Ridwan

2021 ◽  
Author(s):  
GOVERNANCE: JURNAL POLITIK LOKAL DAN PEMBANGUNAN
Keyword(s):  
Conflict Resolution ◽  
Social Life ◽  
Customary Law ◽  
Land Conflicts ◽  
Land Conflict ◽  
The Social ◽  
Research Period ◽  
The Hamlet

In the social life of indigenous Malay community has an important role, both as a basis for the action, as well as how to solve the problems. Lembaga Adat Melayu Dusun Muara Kuamang has been actively involved in land conflicts in Hamlet menyelsasikan Kuamang Estuary. This study examines the strategies of the Institute of Traditional Malay village in Muara Kuamang menyelelesaikan land conflicts in Dusun Muara Kuamang. This research was conducted in Muara Kuamang Hamlet with the research period January to April 2020. The results of the study found that customary law can be used as an alternative to conflict resolution that is more knowledgeable and prudent. Customary law is able to provide a major role in resolving land conflicts that occur in the hamlet of Muara Kuamang. Strategy Board Raya Dusun Muara Kuamang in land conflict resolution in Dusun Muara Kuamang including through mediation and custom assembly. The constraints Lembaga Adat Melayu Dusun Muara Kuamang. in the settlement of the land conflict in Dusun Muara Kuamang, that is, the disputing parties did not comply, the limitations of witnesses in the trial and the order of the trial were not complied with by the disputing parties.

IMPLEMENTASI PERATURAN DAERAH KHUSUS (PERDASUS) PROVINSI PAPUA NOMOR 23 TAHUN 2008 TENTANG HAK ULAYAT MASYARAKAT HUKUM ADAT DAN HAK PERORANGAN WARGA MASYARAKAT ADAT ATAS TANAH (STUDI KASUS KOTA JAYAPURA DAN KABUPATEN BIAK NUMFOR)

2016 ◽  
Vol 11 (2) ◽  
pp. 40-59
Author(s):  
Ayu Kurnia Utami
Keyword(s):  
Conflict Resolution ◽  
Indigenous People ◽  
Civil Law ◽  
Qualitative Approach ◽  
Customary Law ◽  
Land Conflict ◽  
Local Regulation ◽  
The People ◽  
The Government

This study discusses Perdasus 23 Year 2008 about individual and communal rights of customary law society over the land through a case study in Jayapura and Biak Numfor. The special local regulation (Perdasus) is a part of the efforts to secure the customary society or the indigenous people of Papua. The aim of this study is to identify how far Perdasus 23 Year 2008 has been implemented in Jayapura and Biak Numfor. The study applies qualitative approach which data is collected through observations, interviews, and content analysis of related documents. The result of this study shows that Perdasus 23 Year 2008 is not implemented thoroughly. Although the regulation is not normatively implemented, it has been practically implemented through the initiatives of Jayapura and Biak Numfor government to carry out conflict resolution program in each region. In doing so, the government of Jayapura has done the communal right mapping of Port Numbay people, while the government of Biak Numfor issues a local regulation (Perbup) about the strategy of land conflict resolution by encouraging of the involvement of customary role and legitimation in the region. Eventhough these activities are not conducted in accordance with Perdasus 23 Year 2008, Jayapura has performed four substances of the “Perdasus”: research, mapping, management and identification, and land conflict resolution. Meanwhile, Biak Numfor regency has performed two substances: communal land management and land conflict resolution though they only fulfill some aspects of these substances when performing research and mapping. There are three aspects affecting the implementation of Perdasus in Jayapura and Biak Numfor. First, ineffective communication both from the policy maker to the policy implementer and from policy implementer to the people that causes confusion to the society regarding the policy. Second, the existing paradigm of local people who still believe that customary law is more powerful than civil law. Last but not the least is Government’s initiative to do an activity to protect the communal right of indigenous people of Papua.

scholarly journals Social Capital Existence in Bali’s Microfinance: Evidence from Village Credit Institution (LPD)

2018 ◽  
Vol 2 (01) ◽  
pp. 19
Author(s):  
Pera Sundarianingsih ◽  
Khusnul Ashar ◽  
Putu Mahardika Adi Saputra
Keyword(s):  
Social Capital ◽  
Social Life ◽  
Customary Law ◽  
Credit Institution ◽  
Governance Systems ◽  
Traditional Institution ◽  
The Social ◽  
Economical Aspect ◽  
Administrative Village

Bali has two village governance systems: administrative-village and customary-village. Administrative-village is the extension of government’s authority in administrative aspects. Meanwhile, customary-village (pakraman village) denotes traditional institution that has a function to organize krama (residents) based on the awig-awig (customary law). The role of customary-village is fundamental in carrying on the custom and culture of Bali as well as triggering the economical aspect from the society through Village Credit Institution (LPD). This study is intended to describe the existence of social capital over the LPD by employing inductive-qualitative approach. Social capital over the LPD can improve the societies’ harmony that have been established in advance. Furthermore, the social capital bonding, bridging and linking can be used continuously in social life.

scholarly journals Land conflict resolution: Case study in Sarirejo Village

2021 ◽  
Vol 2 (2) ◽  
pp. 119-127
Author(s):  
Juniaty D. Aritonang ◽  
Hidayat ◽  
Fikarwin Zuska
Keyword(s):  
Conflict Resolution ◽  
Air Force ◽  
Land Rights ◽  
Qualitative Approach ◽  
Land Conflicts ◽  
Land Conflict ◽  
Community Rights ◽  
The Government

This study aims to describe the factors that cause land conflicts between the community and the Air Force in the Indonesian Air Force in Suwondo and the strategies that the community uses in demanding their land rights. The author chose a qualitative approach with the ethnographic method to understand more deeply what is behind an event that took the process, causes and conflict resolution. The results showed that the factor causing the conflict was the claim of each party to the land. Conflict resolution efforts are carried out by the community to obtain land rights through non-litigation advocacy processes and litigation advocacy. The results of these two strategies were able to encourage the government to restore community rights to their land even though it had to go through a long struggle. In July 2020 the government issued a policy to move the Sowondo Base to Langkat Regency.

scholarly journals KONFLIK TANAH ULAYAT ANTARA KAMANAKAN MALAKOK VS NINIAK MAMAK SUKU TOBO DI NAGARI PADANG LAWEH, KEC. KOTO VII, KAB. SIJUNJUNG

2013 ◽  
Vol 2 (1) ◽  
pp. 49-59
Author(s):  
Welda Ningsih ◽  
Dian Kurnia Anggreta ◽  
Rinel Fitlayeni
Keyword(s):  
Qualitative Research ◽  
Conflict Resolution ◽  
Data Collection ◽  
Research Method ◽  
Land Conflicts ◽  
Qualitative Research Method ◽  
Land Conflict ◽  
Communal Land ◽  
Two Sides ◽  
Depth Interviews

Conflict of communal land between kamanakan malakok with niniak mamak in Tobo clan Nagari Padang Laweh, District Koto VII Sijunjung which in this conflict kamanakan malakok from areas Bukit Bual seeks to maintain in order to get the management rights of communal land that is the intersection of SMP 8 Nagari Padang Laweh which is the possession of niniak mamak Tobo tribe does not comply with the decision of niniak mamak. The approach used in this study is a qualitative research method and descriptive. The data collection is done by observation and in-depth interviews. Based on the results of research conducted, communal land conflicts caused by kamanakan malakok who worked and fence off communal land without the permission and niniak mamak Tobo Tribe resulting land conflict issues. While the forms of conflict resolution is performed by the deliberation and consensus between the two sides, the conflict is not resolved by the prince of the tribe resulted in the issue resolved through official institutions, namely guardian Nagari, the prince of the tribe and the latter through the police, after receiving the decision of the police.Konflik tanah ulayat antara kamanakan malakok dengan niniak mamak Suku Tobo di Nagari Padang Laweh, Kecamatan Koto VII Kabupaten Sijunjung yang mana di dalam konflik ini kamanakan malakok yang berasal dari daerah Bukit Bual berupaya mempertahankan supaya mendapatkan hak pengelolaan tanah ulayat yang ada simpang SMP 8 Nagari Padang Laweh yang merupakan kepunyaan dari niniak mamak suku Tobo dengan jalan tidak mematuhi keputusan dari niniak mamak. Pendekatan yang digunakan dalam penelitian ini adalah metode penelitian kualitatif dengan tipe deskriptif. Pengumpulan data dilakukan dengan observasi dan wawancara mendalam. Berdasarkan hasil penelitian yang dilakukan, konflik tanah ulayat disebabkan oleh kamanakan malakok yang menggarap dan memagari tanah ulayat tanpa seizin dan sepengatahuan niniak mamak Suku Tobo sehingga terjadi permasalahan konflik tanah. Sedangkan bentuk penyelesaian konflik dilakukan memalui musyawarah dan mufakat antara kedua belah pihak. Konflik yang tidak terselesaikan oleh penghulu suku mengakibatkan persoalan diselesaikan melalui lembaga resmi yaitu wali Nagari, penghulu suku dan terakhir melalui pihak kepolisian.

scholarly journals Gaining Ground: Institutional Barriers Hampering Land Conflict Resolution in Indonesia

2021 ◽  
Author(s):  
Dewi Tresya ◽  
Azam Hawari ◽  
Dean Affandi ◽  
Riza Aryani ◽  
Alif Taufik
Keyword(s):  
Conflict Resolution ◽  
Local Government ◽  
National Level ◽  
Institutional Structure ◽  
National Government ◽  
Institutional Barriers ◽  
Land Conflicts ◽  
Land Conflict ◽  
National Institutions

This report explores the institutional barriers to land conflict resolution in Indonesia, focuses on the government's institutional structure and capacity at the national level, leaving aside the courts and regional or local government. It provides information on the overview of land conflict in Indonesia, the distribution of authority within the national government in land conflict resolution, how it affects the resolution efforts, and other factors that hamper the efforts of national institutions to effectively resolve land conflicts.

scholarly journals PERKEMBANGAN POLITIK HUKUM PERTAMBANGAN MINERAL DAN BATUBARA DAN IMPLIKASINYA BAGI MASYARAKAT HUKUM ADAT

2018 ◽  
Vol 5 (1) ◽  
pp. 114
Author(s):  
Erika Erika
Keyword(s):  
Conflict Resolution ◽  
Social Science ◽  
Dispute Resolution ◽  
Customary Law ◽  
Integrative Approach ◽  
Legal Anthropology ◽  
Legal Certainty ◽  
Unequal Distribution ◽  
Land Conflicts ◽  
Management Of Resources

The problem of land conflicts in the territory of Ulayat Land of Customary Law Community conducted by the company as an investment actor conducting business activities in the field of mineral and coal mining and its settlement efforts can not be explained through the only normative juridical approach, but the holistic and integrative approach. Approaches known in social science, sociology, and legal anthropology can be used to explain the issue of dispute resolution based on local potential. The choice of conflict resolution of conflicts arising from unequal distribution and management of resources and unequal power and authority, to address these types of conflicts should be put forward with justice and benefit as the main objective, not the legal certainty aspect.

scholarly journals The Impact of Land Conflict on Darmakradenan Toward Social, Economic, and Politic Vulnerability in The Life of Farmers ‘Community

2020 ◽  
Vol 86 ◽  
pp. 01039
Author(s):  
W Handoko
Keyword(s):  
Conflict Resolution ◽  
Social Economic ◽  
Political Life ◽  
Land Conflict ◽  
Farming Community ◽  
The Social ◽  
Illegal Acts ◽  
Farmer Groups ◽  
Village Government ◽  
The Impact

This research is aimed to examine the impact of the Darmakradenan land conflict on the vulnerability of the social, economic and political life of the local farming community. This research is essential because the Darmakradenan conflict has been going on for around 20 years and all the conflict resolution efforts undertaken have not achieved results. This research is qualitative research that selects informants with a purposive method, including farmers, village heads and village officials, management of the farmer group Stan Ampera, plantation managers, community leaders and so on. The results of this research indicated that the two decades of Darmakradenan land conflict had an impact on the vulnerability of social, economic and political life, such as a lack of harmony between farmer groups, loss of livelihoods, tensions between farmer groups and village government, illegal acts, citizens easily ignited to act anarchist and so on. Such conditions have implications for the importance of considering social, economic and political vulnerabilities in developing efforts for real land conflict resolution.

scholarly journals KONFLIK PENGUASAAN TANAH PERKEBUNAN

2017 ◽  
Vol 1 (1) ◽  
pp. 45-67
Author(s):  
HERAWAN SAUNI
Keyword(s):  
Conflict Resolution ◽  
Land Tenure ◽  
Agricultural Land ◽  
Land Rights ◽  
Land Ownership ◽  
Land Conflicts ◽  
Land Conflict ◽  
Farm Land ◽  
Or Groups ◽  
Land Holdings

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory.  Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on  Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural.

scholarly journals Society Differentiation, Can Human Rights be Protected?: Critical Study of the Tribes Castration on Community (Case Study of Laporo Buton)

2019 ◽  
Vol 8 (2) ◽  
pp. 137
Author(s):  
Birkah Latif ◽  
Agung Syaputra ◽  
Nurul Zashkia ◽  
Rifda Aprilia Rusfayanti
Keyword(s):  
Human Rights ◽  
Social Life ◽  
The State ◽  
Customary Law ◽  
Main Element ◽  
Critical Study ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Social

In administering a country based on the rule of law, the main element is the enforcement of human rights. In every country still found, there are discriminatory discriminations against citizens, both those that are needed from state actions, and those needed from the community. With the existence of a convention on the protection of special human rights, the state must approve and protect its citizens. Problems that occur in pluralistic Indonesia is in preventing the social life in community. The research method of the paper is an empirical juridical method to answer whether Indonesia handling the enforcement of human rights and review human rights protection in Indonesia when dealing with communities which holding customary law in their community. If the practice of customary law turns out there is discriminatory practices against the tribe or sub-tribe in it, then how does the state uphold human rights?

scholarly journals KONFLIK PENGUASAAN TANAH PERKEBUNAN

2017 ◽  
Vol 1 (1) ◽  
pp. 45-67
Author(s):  
HERAWAN SAUNI
Keyword(s):  
Conflict Resolution ◽  
Land Tenure ◽  
Agricultural Land ◽  
Land Rights ◽  
Land Ownership ◽  
Land Conflicts ◽  
Land Conflict ◽  
Farm Land ◽  
Or Groups ◽  
Land Holdings

Abstract There is a vivid imbalance in farm land domination. This emerge conflict in almost Indonesia territory.  Structuring the ownership or control of land has been started since the Act Numebr 5 of 1960 as the reference in the structuring of the agricultural land holdings in Indonesia. However, what is hoped and be the justification reason the act seems has not shown as demanded. Based on  Decree of Head of BPN RI Number 34 of 2007 on Technical Guidelines for Handling and Resolution of Land Issues, land conflicts arise regarding the issue of tenure, ownership, use or utilization of the plot of land. The enactment of Law No. 18 of 2004 on Plantations also open conflicts between farmers and plantation companies. Conflict occurs when the plantation is difference between one or more people or groups of people with plantation companies relating to land tenure estates. There are several factors that cause conflict, especially agricultural land tenure plantation land, namely: (1) inequality of agricultural land holdings; (2) there is a vagueness setting land rights; (3) wasteland physically; and (4) overlapping land ownership. Recalling the complexity of the conflict over land, land conflict resolution should be based not only on purely formal legal approach but also through other approaches such as economic, social and cultural.

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