scholarly journals Harmonization of the Application of Customary Law and Positive Law in Village Communities of Malang Regency

2021 ◽  
Vol 6 (2) ◽  
pp. 1-12
Author(s):  
Nany Suryawati ◽  
Martika Dini Syaputri
Keyword(s):  
Customary Law ◽  
Community Life ◽  
Government Officials ◽  
National Interests ◽  
Role Of Government ◽  
Positive Law ◽  
The People ◽  
Village Communities ◽  
Religious Elements

Ngadas Village is a village with an interesting order of life and customs like many other villages. The people have lived long with the customs and norms of local wisdom. Our study aims to investigate the harmonization of both customary law and national law in Ngadas Village. The customary law includes the local wisdom value as a philosophy and obeys positive law. To understand the harmonization, we use an empirical juridical approach in understanding the role of government officials in preserving customs and positive law. Subsequently, we discuss the harmonization through the role of government officials covering aspects of community life. Our findings indicate that the positive law serves as a reference to the customary law. The customary law is in line with national interests and laws and national law. Likewise, the customary law is in harmony with religious elements. This denotes the importance of the village's official roles for the local community's interests.

scholarly journals The Role of The Government in The Recognition of Customary Rights to Achieve Economic Development of Customary Law Communities

2020 ◽  
Vol 1 (1) ◽  
pp. 109-145
Author(s):  
RR. Catharina Dewi Wulansari ◽  
Journal Manager APHA
Keyword(s):  
Economic Development ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Land Rights ◽  
Customary Law ◽  
Role Of Government ◽  
The People ◽  
The Government ◽  
Role Of The Government

Every State wants a condition in which the people have a prominent level of welfare and prosperity, because that condition can reflect how a state has been successful in carrying out its development. The existence of development that can lead to prominent level of welfare and prosperity, certainly, shows the success of a state in achieving the state's goals. But in practice it is often found that the people of a state do not have a prominent level of welfare and prosperity due to the unprotected rights of the people. The lack protection rights of the people are one form of social problems; which of course requires a very fast handling. Therefore, in general, every state tries, so that the protection rights of the people can be fulfilled. Similarly, for the state of Indonesia, the protection of communal customderived land rights (ulayat rights) of indigenous peoples is one of the tasks that must be fulfilled by the government. The effort is not easy; therefore, needs a thorough study to overcome the problem. The method used in this research is a normative juridical method. The results of the study, indicate the role of government in regulating the recognition forms of the rights of indigenous peoples, especially, communal custom-derived land rights of indigenous people. In addition, there are various substances of legislation that must be regulated in order to recognize communal custom-derived land rights of indigenous people such as how to recognize indigenous peoples, their recognition procedures, indigenous peoples' obligations, and dispute resolution mechanisms. Finally, regulation about recognition of indigenous peoples is expected to have an impact on the economic development of indigenous peoples itself.

scholarly journals HAK ATAS TANAH ADAT DAN PERMASALAHANNYA

GANEC SWARA ◽  
2019 ◽  
Vol 13 (1) ◽  
pp. 120
Author(s):  
WAYAN RESMINI
Keyword(s):  
Human Life ◽  
Customary Law ◽  
Religious Leaders ◽  
Educational Approach ◽  
Economic Rights ◽  
Positive Law ◽  
The People ◽  
Land Disputes ◽  
Objective Understanding ◽  
Customary Land

Land for human life contains a multidimensional meaning, both in terms of social, economic, political and sacred aspects. Because it has a multidimensional meaning, unquestionably every person who owns land will defend his land in any way if his rights are violated.     Land disputes are not a new thing happening in the community. But the dimension of disputes is increasingly widespread in the present, including customary land in its development also has a new value, besides as a means of production, also as a means to speculate (economy) that land has become a commodity where economic transactions take place with expectations of margin (financial) trade in exchanged commodities.     Issues of customary land with a formal juridical approach will not achieve effective results. Law not merely customary is expected to overcome land problems that are so complex and too related to the application of existing laws and regulations. This is needed support with various efforts to ensure the fulfillment of the economic rights of the people, so that at least similar demands can be minimized in the future. In addition, a synergy of positive law in the land sector is needed with customary law in the community, namely (1) an objective understanding of State land, communal land and land rights is needed in the context of customary law and positive law. (2) The approach taken is a persuasive-educational approach and not imposing unilateral will. (3) the need for a cultural religious approach, which can be implemented through three (3) leadership elements, namely traditional leaders, religious leaders, and formal leaders who truly understand traditional law and positive law (UUPA and implementing regulations)

scholarly journals Local Wisdom Values of Maritime Community in Preserving Marine Resources in Indonesia

2020 ◽  
Vol 4 (2) ◽  
pp. 84-94
Author(s):  
Sem Touwe
Keyword(s):  
Cultural Practices ◽  
Modern Technology ◽  
Coastal Communities ◽  
Marine Resources ◽  
Role Of Government ◽  
The People ◽  
Traditional Institutions ◽  
Customary Laws ◽  
Living Objects

This study identifies and describes the local wisdom carried out by the coastal communities, especially the people of North Seram, Maluku in preserving the island and marine environment as well as the customary institutions in determining and guarding local wisdom of coastal communities to manage marine resources. The marine resource is started to weaken along with the development of modern technology. This paper provides contemporary phenomena regarding the weakness of customary laws and traditional institutions that regulate marine resources, including social values in the form of rituals, representing the relationship between humans and their environment. The protection of marine resources around them will be an important discussion to see the role of government and society in preserving marine and coastal resources. This study used a qualitative approach to produce descriptive explanations from reports, book reviews, and documents that describe theories and information of both past and present. The result is that the local wisdom maintained as superior cultural practices that are beneficial to human survival, especially in maintaining the sustainability and balance between humans and living objects.

scholarly journals Notary Role In Agricultural Land Rent Agreement In The Village Of Tungu Godong District Of Grobogan

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 135
Author(s):  
Ani Hilyani Hilyani ◽  
Aryani Witasari
Keyword(s):  
Agricultural Land ◽  
Line Of Sight ◽  
Land Rent ◽  
Crop Failure ◽  
Positive Law ◽  
The People ◽  
The Village ◽  
Lease Agreement

The purpose of this research are: 1) To determine the role of the Notary in the implementation of the agreement rented farmland in the village of Tungu Godong District of Grobogan. 2) To know the rental renting Agricultural Land In the village Tungu Godong District of Grobogan. 3) To know the constraints in the implementation of the lease meyewa farmland and the solution of these constraints. The method in this research sociological juridical This study is based on positive law in Indonesia and is based on existing practices in the community. So paties directly relate to both parties, including the people who do agricultural land lease agreement.Based on the analysis of this study concluded that the role of the Notary in the lease agreement of agricultural land is the agreement made before a Notary with the deed of lease agreement, the lease which is carried out in the village Tungu done by those who do the lease agreement in line of sight crushing price to be agreed , if it is agreed the lease agreement was publishes an agreement in the agreement, such as a lease, the lease payments. The obstacles in the process of leasing such as crop failure, it is also common pests and the solution of these problems are minimized losses by means of land rent farmers cultivating land in addition to the main cropping namely rice, do matcher other crops such as corn.Keywords: Role of the Notary; Rent Agreement; Land of Agriculture.

scholarly journals PENGUATAN PERAN APARATUR PEMERINTAHAN DESA DALAM MELAKSANAKAN TUGAS PEMERINTAHAN DESA DI KABUPATEN INDRAMAYU JAWA BARAT

2021 ◽  
Vol 3 (2) ◽  
Author(s):  
Rasji Rasji
Keyword(s):  
Central Government ◽  
Government Officials ◽  
Village Community ◽  
The People ◽  
The Republic ◽  
The Government ◽  
Village Government ◽  
The Village ◽  
Technical Guidance

Village government is the lowest level of government in the Government of the Republic of Indonesia. Its existence is very strategic for the implementation of programs of the central government, local government, and the wishes of the village community, so that the village government can help create a balance between the goals desired by the state and those desired by the people, namely the welfare of the people. For this reason, the role of village government officials is important to achieve the success of implementing village government tasks. In fact, there are still many village government officials who have not been able to carry out their duties and authorities properly and correctly. How are efforts to strengthen the role of village government officials so that they are able to carry out their duties and authority properly and correctly? One effort that can be done is to provide technical guidance to village government officials regarding village governance, the duties and authorities of village government officials, as well as the preparation of village regulations. Through this activity, it is hoped that the role of the village government apparatus in carrying out their duties and authorities will be strong, so that their duties and authorities can be carried out properly and correctlyABSTRAK;Pemerintahan desa adalah tingkat pemerintahan terendah di dalam Pemerintahan Negara Republik Indonesia. Keberadaannya sangat strategis bagi penerapan program pemerintah pusat, pemerintah daerah, dan keinginan masyarakat desa, sehingga pemerintah desa dapat membantu terciptanya keseimbangan tujuan yang diinginkan oleh negara dan yang diinginkan oleh rakyat yaitu kesejahteraan rakyat. Untuk itu peran aparatur pemerintahan desa menjadi penting untuk mencapai keberhasilan pelaksanaan tugas pemerintahan desa. Pada kenyataannya masih banyak aparatur pemerintahan desa yang belum dapat melaksanakan tugas dan wewenangnya dengan baik dan benar. Bagaimana upaya menguatkan peran aparatur pemerintahan desa, agar mampu menjalankan tugas dan wewenangnya secara baik dan benar? Salah satu upaya yang dapat dilakukan adalah memberikan bimbingan teknis kepada aparatur pemerintahan desa mengenai pemerintahan desa, tugas dan wewenang aparatur pemerintah desa, maupun penyusunan peraturan desa. Melalui kegiatan ini diharapkan peran aparatur pemerintahan desa dalam melaksanakan tugas dan wewenangnya menjadi kuat, sehingga tugas dan wewenangnya dapat dilaksanakan dengan baik dan benar.

Policy Directions and Presidential Leadership: Alternative Interpretations of the 1980 Presidential Election

1982 ◽  
Vol 12 (3) ◽  
pp. 299-356 ◽  
Author(s):  
Warren E. Miller ◽  
J. Merrill Shanks
Keyword(s):  
New Deal ◽  
Presidential Election ◽  
Government Spending ◽  
Reagan Administration ◽  
Economic Life ◽  
Free Enterprise ◽  
Role Of Government ◽  
The People ◽  
National Defence

As the Reagan administration neared the end of its first full year in office, interpretations of the meaning of the 1980 presidential election were still as varied as the political positions of analysts and commentators. The politically dominant interpretation, promoted by the new administration and its supporters, was that the election provided a mandate to bring about several fundamental changes in the role of government in American social and economic life. In recommendations whose scope had not been matched since the first days of Franklin Roosevelt's New Deal, the Reagan administration set about responding to what it understood to be popular demands for reduced government spending and taxes, expansion of the national defence establishment, limitation of environmental protection in favour of the development of energy resources, and a myriad of other tasks designed to encourage free enterprise by ‘getting government off the backs of the people’. With varying degrees of enthusiasm for the new administration's programmes, scores of Democratic politicians shared the interpretation of Reagan's victory as a new electoral mandate which rejected many of the fundamental policies of Democratic administrations from Roosevelt to Carter. This interpretation of the ‘meaning’ of the 1980 election was expressed by Democratic congressmen of many political colours who decried the bankruptcy of their own leadership and affirmed the victor's sense of mandate by supporting the President's various legislative programmes.

scholarly journals Testing Theories of the Determinants of An Individual Foreign Policy Preferences in Georgia

2017 ◽  
Vol 13 (2) ◽  
pp. 91 ◽  
Author(s):  
Angguntari C. Sari
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Logistic Regression ◽  
Public Opinion ◽  
Major Power ◽  
Role Of Government ◽  
The People ◽  
Strategic Value ◽  
The Individual

<p><em><strong>Abstract</strong><br /></em></p><p><em>Public opinion has an impact on states’ foreign policy. In the case of Georgia, the pro-Russian or pro-United States attitude among the people is determined by several factors. The strategic value of Georgia for these two most powerful states in the world makes their study of the mass opinion’s preferences toward major power an interesting and a valuable one. In this article, I test two sets of factors that shape the individual preferences toward major powers, and employ logistic regression model to explain the relationship between four independent variables with the dependent variable. I argue that religiosity, role of government, and economic satisfaction are still the best predictors of the pro-Russian policy. </em></p><p><em><strong>Key words</strong>: Georgia, public opinion, Russia, United States, logistic regression</em></p><p><em></em><strong><em>Abstrak</em></strong></p><p><em>Kebijakan luar negeri suatu negara dipengaruhi oleh pendapat para masyarakatnya. Pertanyaannya adalah apa yang mempengaruhi pandangan masyarakat mengenai kebijakan yang selayaknya diambil oleh pemerintah? Artikel ini meneliti faktor-faktor yang dapat mempengaruhi pandangan masyarakat di Georgia mengenai rekan ideal bagi negara mereka. Georgia sendiri merupakan negara yang memiliki nilai strategis bagi negara besar seperti Rusia dan Amerika. Oleh karenanya, kajian mengenai determinan opini publik mengenai siapa diantara kedua negara besar tersebut yang layak menjadi mitra Georgia penting untuk dilakukan. Melalui metode kuantitatif, khususnya pendekatan regresi logistik, artikel ini berusaha melanjutkan penelitian yang terdahulu. Penelitian sebelumnya melihat korelasi antara faktor agama, peran pemerintah, dan kepuasan ekonomi dengan pilihan masyarakat terhadap mitra kerjasama luar negeri Georgia. Satu hal yang luput dari penelitian sebelumnya adalah peran nilai politik. Berdasar analisa melalui model regresi logistik, faktor agama, peran pemerintah, dan kepuasan ekonomi masih menjadi faktor penentu utama pilihan masyarakat Georgia mengenai siapa diantara Amerika dan Rusia yang dianggap ideal menjadi mitra hubungan bilateral negara mereka.</em></p><p><em> </em></p><p><strong><em>Kata kunci</em></strong><em>: georgia; opini publik; rusia; amerika; regresi logistik.</em></p><p><em><br /></em></p>

scholarly journals Peran Hukum Adat Perspektif Hukum Islam Dalam Ranah Hukum Positif

2020 ◽  
Vol 5 (1) ◽  
pp. 89
Author(s):  
Lutfi El Falahy
Keyword(s):  
Rule Of Law ◽  
Qualitative Method ◽  
Customary Law ◽  
Final Word ◽  
The Rule Of Law ◽  
Positive Law ◽  
Library Research ◽  
Written Law

Indonesia has written law in the form of positive law and law that lives in recognized societies and then becomes customary law, but recognition of customary law applies only to groups that recognize its existence, of course this is contrary to positive law that applies universally. Here the author tries to examine how the role of customary law in the formation of positive law and what its effects. The method used in this paper is a qualitative method and the approach uses library research. As a rule of law aimed at creating harmony and balance in society, the existence of customary law in a rule of law is absolutely necessary, because the rule of law as a feature of the rule of law is not a final word, but as a way to create justice in society.

scholarly journals Cities in Asia by and for the People

2018 ◽  
Keyword(s):  
Urban Space ◽  
Active Role ◽  
Urban Spaces ◽  
Community Life ◽  
Ordinary People ◽  
Capitalist Production ◽  
The People ◽  
Alternative Spaces ◽  
The City

This book examines the active role of urban citizens in constructing alternative urban spaces as tangible resistance towards capitalist production of urban spaces that continue to encroach various neighborhoods, lanes, commons, public land and other spaces of community life and livelihoods. The collection of narratives presented here brings together research from ten different Asian cities and re-theorises the city from the perspective of ordinary people facing moments of crisis, contestations, and cooperative quests to create alternative spaces to those being produced under prevailing urban processes. The chapters accent the exercise of human agency through daily practices in the production of urban space and the intention is not one of creating a romantic or utopian vision of what a city "by and for the people" ought to be. Rather, it is to place people in the centre as mediators of city-making with discontents about current conditions and desires for a better life.

scholarly journals PERAN KEUCHIK DALAM PENYELENGGARAAN PEMBANGUNAN DI GAMPONG LAWET KECAMATAN PANTE CEUREUMEN KABUPATEN ACEH BARAT

2015 ◽  
Author(s):  
Aduwina Pakeh
Keyword(s):  
Human Resources ◽  
Government Officials ◽  
The West ◽  
The People

The role of keuchik gampong ( village head ) in the implementation of development in gampong lawet pante ceureumen sub-district district of aceh the west has been implemented well but need to be increased again. In this research, researchers found that keuchik gampong have undertaken the role well, where keuchik gampong actively down to pitch in communicating, coordinated , move , and provide the motivation to aparat-aparat gampong as well as to the community to participate in the implementation of development. Besides, gampong programs made by keuchik gampong can 's done well , directed , right on target and very help communities gampong lawet ~The results of the study others are identified of factors affect the role of keuchik gampong in the development that is by factors in support and inhibitors .By factors in support covering , location gampong lawet which is very strategic, potential the diverse and the volition the community to forward, the people of participation is a good enough .While inhibition factors, the low human resources whether it is the community and government officials gampong, and funds apbg to gampong lawet who do not in proportion to the extent needs.Keywords : Keuchik Gampong, development,  Gampong Lawet, west Aceh 

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