Hak dan Akses Tenurial Masyarakat Hukum Adat Bengkunat dalam Pemanfaatan Hutan di Pesisir Barat, Lampung

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Almonika Cindy Fatika Sari

Abstract: Recognition of tenure rights and access to forest use has always been a demand for indigenous people and non-government organizations that support indigenous peoples’ rights. However, focusing only on the recognition of rights is not enough to guarantee tenure access to indigenous people to use the forest. Indigenous people require not only recognition of rights from the state, but they alsoneed access to be able to use the forest. This article aims to understand the tenure rights and access of the Bengkunat indigenous people in forest use and the factors that influence the community’s access to use the forest. This article was produced by using the socio-legal approach to understand the social reality of tenure rights and access of the Bengkunat indigenous people in forest use. The results show that in addition to the recognition of Bengkunat indigenous people tenure rights to use the forest, they also need access to be able to use it. If there is no access, the community cannot benefit from the forest.Intisari: Pengakuan hak masyarakat hukum adat atas pemanfaatan hutan selalu menjadi tuntutan bagi masyarakat hukum adat dan organisasi non-pemerintah yang mendukung hak-hak masyarakat hukum adat. Meskipun demikian, hanya fokus pada pengakuan hak saja, tidak cukup memberikan jaminan akses tenurial kepada masyarakat hukum adat untuk memanfaatkan hutan. Masyarakat hukum adat tidak hanya membutuhkan pengakuan hak dari negara saja, tetapi juga membutuhkan akses untuk dapat memanfaatkan hutan. Artikel ini bertujuan untuk memahami bagaimana hak dan akses tenurial masyarakat Bengkunat atas hutan dan apa saja faktor-faktor yang memengaruhi akses masyarakat dalam memanfaatkan hutan tersebut. Artikel ini dihasilkan dari penelitian dengan menggunakan pendekatan sosio-legal untuk memahami realitas sosial hak dan akses tenurial masyarakat hukum adat Bengkunat dalam pemanfaatan hutan. Hasil penelitian menunjukkan bahwa disamping pengakuan terhadap hak tenurial masyarakat Bengkunat, mereka juga sangat memerlukan akses untuk dapat memanfaatkannya. Jika tidak ada akses, maka masyarakat tidak dapat menikmati hutan

Author(s):  
Adriano Toledo Paiva

Este artigo é uma tentativa de entender as relações sociais e de poder na construção de uma escola nos sertões do Rio Doce (Cuieté). Estudamos os processos de instituição do Estado na fronteira colonial, especialmente na gestão da força de trabalho dos povos indígenas. Problematizamos a construção de uma escola sobre os domínios indígenas, avaliando a configuração deste espaço, assim como os conflitos e identidades inerentes a este processo. O principal objetivo de nossos estudos é resgatar a historicidade dos povos conquistados em meio às representações e ações dos empreendimentos de conquista.Schools, catechesis and indigenous work in Minas Gerais (18th century). This article is an attempt to understand the social and power relationships in the construction of a school in the “sertões do Rio Doce” (Cuieté) ("hinterland of river Doce"). We studied the processes of institutionalization of the State in the colonial frontier, especially in the management of the indigenous workforce. We problematized the construction of a school in the indigenous domains, assessing the arrangement of this area, as well as conflicts and identities inherent to this process. The main purpose of this research is to retrieve the historicity of the colonized people amid the representations and actions of the ventures of conquest. Keywords: Indigenous school; Indigenous peoples; Brazil Colonial.


2013 ◽  
Vol 7 (2) ◽  
pp. 11 ◽  
Author(s):  
Maria Teresa Sierra

La policía comunitaria es una institución de los pueblos indígenas de Guerrero conocida por su capacidad para enfrentar a la delincuencia y generar alternativas de paz social., através de un sistema de justicia y seguridad autónomo. En los últimos años, sin embargo, el sistema comunitario enfrenta el acoso de actores diversos vinculados al incremento de la violencia y la inseguridad que se vive en el país y especialmente en el estado de Guerrero; dicha situación está impactando a la institucionalidad comunitaria, obligando a su redefinición. En este trabajo destaco aspectos centrales de dicha conflictividad así como las respuestas que han dado los comunitarios para hacer frente a las tareas de justicia y seguridad en el marco de nuevos contextos marcados por el despojo neoliberal y la impunidad de actores estatales y no estatales. En este proceso se actualiza la relación de la policía comunitaria con el Estado revelando el peso de la ambigüedad legal y los juegos del poder así como los usos contra-hegemónicos del derecho para disputar la justicia. ---SEGURANÇA E JUSTIÇA SOB ACOSSO EM TEMPOS DE VIOLÊNCIA NEOLIBERAL: respostas do policiamento comunitário de GuerreroO policiamento comunitário é uma instituição dos Povos Indígenas do Guerrero conhecidos por sua capacidade de lidar com o crime e gerar paz social de forma alternativa, usando um sistema próprio de justiça e segurança. Nos últimos anos, no entanto, o sistema da UE enfrenta assédio de várias autoridades envolvidas no aumento da violência e da insegurança que reina no país e, especialmente, no estado de Guerrero; essa situação está afetando as instituições comunitárias, forçando a sua redefinição. Neste artigo, destaco os principais aspectos do conflito e as respostas que têm a comunidade para lidar com as tarefas da justiça e da segurança no contexto dos novos contextos marcados por pilhagem neoliberal e a impunidade de atores estatais e não estatais. Neste processo, a relação de policiamento comunitário com o estado é atualizada, revelando o peso da ambiguidade e dos jogos de poder legais, além de usos contra-hegemônicos do direito de disputar a justiça.Palavras-chave: violência neoliberal; Guerrero; comunidades indígenas---SECURITY AND JUSTICE UNDER HARASSMENT IN TIMES OF NEOLIBERAL VIOLENCE: responses of the Community Police of GuerreroThe community police is an institution of the Indigenous Peoples of Guerrero known for its ability to deal with crime and generate alternatives for social peace, using a system of justice and self security. In recent years, however, the EU system faces harassment from various people responsible for the increase of violence and insecurity within the country and especially in the state in Guerrero; this situation is impacting instituitions in the community, forcing their redefinition. In this paper I highlight key aspects of the conflict and the community's responses to deal with the tasks of justice and security in new contexts marked by neoliberal plunder and impunity of the state (as well as non state figures). In this process, the relationship of the community police with the state is updated revealing the weight of legal ambiguity and power plays, as well as counter-hegemonic use of the right to dispute justice.key words: neoliberal vilence; Guerrero; indigenous people.


Author(s):  
Nicholas Bainton

Anthropologists have been studying the relationship between mining and the local forms of community that it has created or impacted since at least the 1930s. While the focus of these inquiries has moved with the times, reflecting different political, theoretical, and methodological priorities, much of this work has concentrated on local manifestations of the so-called resource curse or the paradox of plenty. Anthropologists are not the only social scientists who have tried to understand the social, cultural, political, and economic processes that accompany mining and other forms of resource development, including oil and gas extraction. Geographers, economists, and political scientists are among the many different disciplines involved in this field of research. Nor have anthropologists maintained an exclusive claim over the use of ethnographic methods to study the effects of large- or small-scale resource extraction. But anthropologists have generally had a lot more to say about mining and the extractives in general when it has involved people of non-European descent, especially exploited subalterns—peasants, workers, and Indigenous peoples. The relationship between mining and Indigenous people has always been complex. At the most basic level, this stems from the conflicting relationship that miners and Indigenous people have to the land and resources that are the focus of extractive activities, or what Marx would call the different relations to the means of production. Where miners see ore bodies and development opportunities that render landscapes productive, civilized, and familiar, local Indigenous communities see places of ancestral connection and subsistence provision. This simple binary is frequently reinforced—and somewhat overdrawn—in the popular characterization of the relationship between Indigenous people and mining companies, where untrammeled capital devastates hapless tribal people, or what has been aptly described as the “Avatar narrative” after the 2009 film of the same name. By the early 21st century, many anthropologists were producing ethnographic works that sought to debunk popular narratives that obscure the more complex sets of relationships existing between the cast of different actors who are present in contemporary mining encounters and the range of contradictory interests and identities that these actors may hold at any one point in time. Resource extraction has a way of surfacing the “politics of indigeneity,” and anthropologists have paid particular attention to the range of identities, entities, and relationships that emerge in response to new economic opportunities, or what can be called the “social relations of compensation.” That some Indigenous communities deliberately court resource developers as a pathway to economic development does not, of course, deny the asymmetries of power inherent to these settings: even when Indigenous communities voluntarily agree to resource extraction, they are seldom signing up to absorb the full range of social and ecological costs that extractive companies so frequently externalize. These imposed costs are rarely balanced by the opportunities to share in the wealth created by mineral development, and for most Indigenous people, their experience of large-scale resource extraction has been frustrating and often highly destructive. It is for good reason that analogies are regularly drawn between these deals and the vast store of mythology concerning the person who sells their soul to the devil for wealth that is not only fleeting, but also the harbinger of despair, destruction, and death. This is no easy terrain for ethnographers, and engagement is fraught with difficult ethical, methodological, and ontological challenges. Anthropologists are involved in these encounters in a variety of ways—as engaged or activist anthropologists, applied researchers and consultants, and independent ethnographers. The focus of these engagements includes environmental transformation and social disintegration, questions surrounding sustainable development (or the uneven distribution of the costs and benefits of mining), company–community agreement making, corporate forms and the social responsibilities of corporations (or “CSR”), labor and livelihoods, conflict and resistance movements, gendered impacts, cultural heritage management, questions of indigeneity, and displacement effects, to name but a few. These different forms of engagement raise important questions concerning positionality and how this influences the production of knowledge—an issue that has divided anthropologists working in this contested field. Anthropologists must also grapple with questions concerning good ethnography, or what constitutes a “good enough” account of the relations between Indigenous people and the multiple actors assembled in resource extraction contexts.


2017 ◽  
Vol 4 (7) ◽  
Author(s):  
Vanja Nišić ◽  
Divna Plavšić

Th is paper analyzes the concept of media construction of reality and its impacton society. Recognizing the growing infl uence and importance of themedia in a man’s daily life, it can be said that the media and media cultureitself are an important factor in modern society. Th e media have the abilityto place information and to provide to the citizens-consumers to accept themwithout critical and conscious interpretation and real understanding. An importantfactor in the development of the media is and technological advancesthat contributed to the rapid spread of the media and gave more power to thepresentation of reality and the state of society as it corresponds to the creatorsand the “constructors” of that reality. By understanding Baudrillard and hisunderstanding of the simulation, we will present the impact and role of themedia in constructing the social reality (simulation of reality).


2011 ◽  
Vol 11 (2) ◽  
pp. 159-173 ◽  
Author(s):  
Susan Young ◽  
Joanna Zubrzycki

• Summary: The Australian Prime Minister’s 2008 historic Apology to the Stolen Generations gives Australian social work an opportunity to confront its past complicity in Australian Indigenous disadvantage and embrace the development of Indigenous social work as central for practice. Critical Whiteness1 theory in social work curricula could assist the development of Indigenous social work as a core approach by challenging the ongoing and largely un-reflexive practices emanating from social work’s Euro-centric heritage with its often taken-for-granted knowledges and principles which negatively affect Indigenous peoples. • Findings: Recent professional and theoretical attention on critical Whiteness highlights race privilege, questions the invisibility and continuing invisibilization of race, critiques previously taken-for-granted Western knowledges and practices, and facilitates the development of countering practice approaches. Research studies reveal some practitioners to be aware of the need for different practices as well as some who practice differently without realizing they are using critical Whiteness principles. • Application: Critical Whiteness theory in the social work curriculum offers a strong conceptual and practical opportunity for students and practitioners to become more racially cognizant in their work with Indigenous people, allowing this work to be more effective in the profession’s social justice mission as well as decreasing some of the extant colonizing practices.


Inner Asia ◽  
2009 ◽  
Vol 11 (1) ◽  
pp. 83-95
Author(s):  
Anatoliy Breslavsky

AbstractThis article describes the development of criminal youth networks in rural Buryatia, Eastern Siberia. As it shows, the criminal gangs emerging out of the state collapse in the 1990s have colonised entire villages: a movement originally offering escape from a harsh economic environment has acquired the power to dictate the social reality of the regions it occupies. This piece also investigates the extent to which the practices mediating power relations within these criminal networks generate a distinct subculture, using Huizinga's analysis of culture as a 'game', which has to be 'played out' according to mutually understood conventions and norms.


2020 ◽  
Vol 1 (1) ◽  
pp. 27-36
Author(s):  
Vanessa Ambtman-Smith ◽  
Chantelle Richmond

Among the global Indigenous population, concepts of health and healthy living are wholistically intertwined within social, physical, natural, and spiritual systems. On-going processes of colonization and experiences of environmental dispossession have had the effect of removing Indigenous peoples from the lands, people and knowledge systems that have traditionally promoted their health. In 2014, Big-Canoe and Richmond introduced the idea of environmental repossession. This concept refers to the social, economic, and cultural processes Indigenous people are engaging in to reconnect with their traditional lands and territories, the wider goal being to assert their rights as Indigenous people and to improve their health and well-being. As Indigenous mothers, both who live in urban centres “away” from our families and traditional lands and knowledge systems, we engage with this conceptual model as a hopeful way to reimagine relationships to land, family, and knowledge. We embrace the concept of environmental repossession, and its key elements – land, social relationships, Indigenous knowledge – as a framework for promoting health and healing spaces among those who live “away” from their traditional territory. Drawing on three examples, an urban hospital, a university food and medicine garden, and a men’s prison, we suggest that these spaces do indeed offer important structural proxies for land, social relationships, and Indigenous knowledge, and can be important healing spaces. With increasingly urbanizing Indigenous populations in Canada, and around the world, these findings are important for the development of healing places for Indigenous peoples, regardless of where they live.


2017 ◽  
Vol 2 (2) ◽  
pp. 234
Author(s):  
A.M Wibowo

This study aims at describing the model of religious value transmission communication that occurs in Rohis organization as a form of Islamic proselytizing, at viewing the students’ view toward the form of the state government, and at viewing the political orientation of the Rohis members. By using the qualitative approach, this study has successfully gathered the following findings. First, the model of religious value transmission through the Rohis organization is the one way traffic communication. This transmission process involves communicators namely the mentor, the Rohis coaching teachers, da’i/mubaligh from values mass organization background (political parties and non-government organizations), and alumni. The internalization of such religious attitude has been conducted both verbally and non-verbally using the social media (WhatsApp, Instagram, Twitter, and Line). Second, the Rohis members had peculiar political view and orientation in relation to the leader and the form of the state. In relation to the leader, the Rohis members will vote for the male and Islamic leader. Then, in relation to the form of the state there are two groups among the Rohis members. One group demands the Unified State of Indonesian Republic (NKRI, Negara Kesatuan Republik Indonesia), while the other group demands the Islamic state. However, the supporters of the unified republic are quite bigger than those of Islamic state.


2018 ◽  
Vol 1 (3) ◽  
pp. 231-239
Author(s):  
Sukirno Sukirno

AbstractThis paper is the result of research to explore whether the guarantee of religious freedom as guaranteed by Article 29 paragraph (2) of the 1945 Constitution of the Republic of Indonesia applies to adherents of local religions or beliefs, especially indigenous peoples and their implications for population document services. The location of the first year research was carried out on indigenous peoples in Java, namely the Sunda Wiwitan and Adam Religion from Sedulur Sikep / Samin. Then in the second year, there was research outside Java, namely followers of the Parmalim religion in Laguboti, North Sumatra. The results showed that there were different treatments for indigenous people who were still purely embracing local religions and those who embraced local religions who had converted to one of the recognized religions of the state. For indigenous people who have switched to embrace one of the religions recognized by the state, they are not discriminated against by the state, meaning that they can easily obtain residence documents. Whereas for the indigenous people who continue to embrace the local religion get discriminatory treatment, namely on their Identity (KTP) wrote a column of non-religious beliefs as decided by the Constitutional Court No. No.97 / PUU-XIV / 2016, it is difficult to obtain a marriage certificate, the birth certificate is not as usual, because the marriage of his parents has not been recorded.Keywords: Discrimination, Civil Rights, Population Documents, Local Religion.AbstrakTulisan ini merupakan hasil penelitian untuk menggali apakah benar jaminan kebebasan beragama itu sebagaimana dijamin Pasal 29 ayat (2) UUD NRI 1945 berlaku bagi penganut agama lokal atau kepercayaan, khususnya masyarakat adat dan implikasinya terhadap layanan dokumen kependudukan. Lokasi penelitian tahun pertama telah dilakukan pada masyarakat adat di Jawa, yaitu pada masyarakat penganut Sunda Wiwitan dan Agama Adam dari Sedulur Sikep/Samin. Kemudian pada tahun kedua telah dilakukan penelitian di luar Jawa, yaitu penganut agama Parmalim di Laguboti, Sumatera Utara. Hasil penelitian menunjukkan, ada perlakuan yang berbeda bagi masyarakat adat yang masih murni memeluk agama lokal dan masyarakat pemeluk agama lokal yang sudah beralih memeluk salah satu agama yang diakui oleh negara. Bagi masyarakat adat yang sudah beralih memeluk salah satu agama yang diakui oleh negara tidak diperlakukan diskriminatif oleh negara, artinya mereka dapat dengan mudah memperoleh dokumen kependudukan. Sedangkan bagi masyarakat adat yang tetap memeluk agama lokal mendapatkan perlakuan diskriminatif, yaitu di KTP mereka tertulis kolom kepercayaan bukan agama seperti yang diputuskan oleh Mahkamah Konstitusi No. No.97/PUU-XIV/2016, sulit mendapatkan akta perkawinan, akta kelahiran  tidak sebagaimana umumnya, karena perkawinan orang tuanya belum dicatatkan.Kata Kunci: Diskrininasi, Hak Sipil, Dokumen Kependudukan, Agama Lokal.


2021 ◽  
Vol 14 (2) ◽  
pp. 306-320
Author(s):  
Karen Soldatic

In this paper, I explore the ways in which settler-colonial states utilize the category of disability in immigration and Indigenous population regimes to redress settler-colonial anxieties of white fragility. As well documented within the literature, settler-colonial governance operates a particular logic of population management that aims to replace longstanding Indigenous peoples with settler populations of a particular kind. Focusing on the case of Australia and drawing on a range of historical and current empirical sources, the paper examines the central importance of the category of disability to this settler-colonial political intent. The paper identifies the breadth of techniques of governance to embed, normalize and naturalize white settler-colonial rule. The paper concludes with the suggestion that the state mobilization of the category of disability provides us with a unique way to identify, understand and analyse settler-colonial power and the interrelationship of disability, settler-colonial immigration regimes and Indigenous people under its enterprise.


Sign in / Sign up

Export Citation Format

Share Document