PENGAKUAN DAN PERLINDUNGAN HUKUM TERHADAP MASYARAKAT HUKUM ADAT (DALAM PERSPEKTIF NEGARA HUKUM)

The State of Indonesia as an archipelago with thousands of ethnic groups with a variety of different cultural customs in indigenous groups and local wisdom makes the State of Indonesia famous as a country rich in ethnicisity. The existence of indigenous community in various laws and regulations including the Constitution recognizes the existence of indigenous community and even the constitution mandates separate regulations in the form of laws to protect the existence of them and their customary rights. However, in practice in social life, their existence has not yet received serious protection from the government. This can be seen from the fact that not all regional heads inventoried and made local regulations related to indigenous community and local wisdom in their area and the rights of indigenous community to their customary territories are often disturbed by the rights granted by the laws and regulations made by the State. Whereas the state's recognition of the existence of customary law communities has been regulated in various national laws and regulations even in the Unitary State of the Republic of Indonesia, namely in the 1945 Constitution Article 18B paragraph (2) containing that the State recognizes and respects community units customary law and traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia as stipulated in the law.

Download Full-text

KEDUDUKAN HUKUM HAK ULAYAT MASYARAKAT HUKUM ADAT DIHUBUNGKAN DENGAN OTONOMI DAERAH (STUDI DI KECAMATAN HARIAN KABUPATEN SAMOSIR)

Jurnal Darma Agung ◽

10.46930/ojsuda.v29i1.940 ◽

2021 ◽

Vol 29 (2) ◽

pp. 125

Author(s):

Mangapul Marbun

Keyword(s):

Indigenous Peoples ◽

The State ◽

Customary Law ◽

Regional Government ◽

Legal Certainty ◽

Regional Autonomy ◽

Community Rights ◽

Customary Rights ◽

The Republic ◽

The Government

The position of the customary rights of the customary law community in the Toba Batak community, namely the rights owned by a clan (State land), controlled, managed, utilized, the land and its contents for the needs of the citizens / descendants of the partnership as collective property that can be passed down from generation to generation (geneological) based on customary law. The UUPA recognizes the position of the ulayat rights of the customary law community in a formal juridical manner with discussion if in reality it still exists and does not conflict with the interests of the national, nation and state. The 1945 Constitution of the Republic of Indonesia Article 18-B paragraph (2), Article 28-I paragraph (3) The State recognizes and respects the customary public and their traditional rights as long as they are still alive. The cultural identity of traditional community rights is respected in accordance with the times and civilizations. The position of the customary rights of the Batak Toba community (land marga) in this study is still not as expected, in regulating and protecting laws from the past to the present, regulation and protection are still based on local customary laws. In Law No. 23/2014/9/2015 concerning Regional Government grants the authority of rights and responsibilities to provincial, regency / city governments to regulate and manage their own regions, one of the areas of defense based on the widest possible regional autonomy. The authority, rights and responsibilities of regional governments in regulating and protecting, managing their own ulayat rights (clan land) in certain areas are also in line with Presidential Decree No. 34 regarding policies in the defense sector, one of which is stipulation and is also in line with the government regulation of the Republic of Indonesia No. 38 Year 20007 concerning the Division of Government Affairs between the government and the Provincial Government of the Regency / City Government as a government affair which becomes the authority of the regional government towards the position of the ulayat rights of the customary law community in certain areas. In this study, in the Daily District of Samosir Regency. The authority, rights and obligations of Regional Government through stipulation in the form of Regional regulations have not been implemented, especially regarding local clan lands (ulayat rights of indigenous peoples). Therefore, this problem needs to be researched to get a true picture of the status of customary community rights in relation to regional autonomy in the Daily District of Samosir Regency. The results of this study, in the Samosir Kewenagan Regency Daily sub-district, the rights and obligations of regional government, it turns out that Tanah Marga (Hak Ulayat) is still regulated by local customary law, in fact the local government has the authority, rights and obligations to regulate and protect Ulayat Rights (Tanah Marga). certain by stipulation in the form of regional regulations, with the aim of providing legal certainty and benefits for the customary law community. Based on the research, it shows that the Land of Marga / Ulayat Rights of Indigenous Peoples in Harian District, generally in Samosir Regency, both horizontally and vertically until this research was conducted, there has been no settlement of certain customary rights of customary communities, in other words conflict resolution is still stagnant. The government needs to immediately establish the customary rights of customary communities in the form of a law. To ensure legal certainty / benefit and justice for all certain Customary law communities. Because ulayat rights are basically still found and still live according to the civilization of the Batak Toba people in the Daily District of Samosir Regency, which does not conflict with the development and interests of the Nation and the State.

Download Full-text

Rechtsvacuum Phenomenon in Government Regulation of the Republic of Indonesia Number 51 of 2020 related to Passport Renewal Period to 10 Years

Journal of Law and Border Protection ◽

10.52617/jlbp.v1i1.156 ◽

2019 ◽

Vol 1 (1) ◽

pp. 51-58

Author(s):

Fachrizza Sidi Pratama

Keyword(s):

State Government ◽

Government Regulation ◽

The State ◽

Government Regulations ◽

The Republic ◽

The Government ◽

Renewal Period ◽

Law Regulation ◽

Laws And Regulations

Legislation is one of the legal products issued by the state government component. In this case, the laws and regulations include the Constitution of the Republic of Indonesia year 1945, the Decree of the People's Consultative Assembly, The Law / Regulation of the Government In lieu of Laws, Government Regulations, Presidential Regulations, and Local Regulations. As for its application, the rules have levels in the arrangement, where there are sections that explain macro and its derivatives that are narrowing down to the implementing regulations. The levels of the rules must be complete because each of them has its own function. Meanwhile, in this journal, there will be a discussion on the phenomenon of legal vacancies in the case study of Government Regulation of the Republic of Indonesia Number 51 of 2020 related to the Period of Extending Passports to 10 Years, where in the issuance of government regulations have not been included implementing regulations that will regulate how the implementation of government regulations in the field.

Download Full-text

Cybersecurity Policy and Its Implementation in Indonesia

Journal of ASEAN Studies ◽

10.21512/jas.v4i1.967 ◽

2016 ◽

Vol 4 (1) ◽

pp. 61 ◽

Cited By ~ 1

Author(s):

Muhamad Rizal ◽

Yanyan Yani

Keyword(s):

Cyber Security ◽

Cyber Attacks ◽

The State ◽

Nation State ◽

Counter Measures ◽

Cyber Threats ◽

Unitary State ◽

The Republic ◽

The Government ◽

State Defense

The purpose of state defense is to protect and to save the integrity of the Unitary State of the Republic of Indonesia, the sovereignty of the state, as well as its security from all kinds of threats, whether they are military or non-military ones. One of the non-military threats that potentially threatens the sovereignty and security of the nation-state is the misuse of technology and information in cyberspace. The threat of irresponsible cyber attacks can be initiated by both state and non-state actors. The actors may be an individual, a group of people, a faction, an organization, or even a country. Therefore, the government needs to anticipate cyber threats by formulating cyber security strategies and determining comprehensive steps to defend against cyber attacks; its types and the scale of counter-measures, as well as devising the rules of law.

Download Full-text

Konstitusionalitas Hak Masyarakat Hukum Adat atas Hak Ulayat Rumpon di Provinsi Lampung

Jurnal Konstitusi ◽

10.31078/jk1431 ◽

2018 ◽

Vol 14 (3) ◽

pp. 463

Author(s):

Ahmad Redi ◽

Yuwono Prianto ◽

Tundjung Herning Sitabuana ◽

Ade Adhari

Keyword(s):

Indigenous Peoples ◽

Research Method ◽

Legal Aspects ◽

Coastal Communities ◽

Customary Law ◽

Fishing Gear ◽

Constitutional Protection ◽

Customary Rights ◽

The Republic ◽

The Government

Pasal 18B ayat (2) UUD NRI 1945 mengatur mengenai penghormatan dan pengakuan atas satuan-satuan masyarakat hukum adat beserta hak-hak tradisionalnya sepanjang keberadaannya masih ada. Salah satu hak masyarakat adat di masyarakat pesisir di Provinsi Lampung ialah hak rumpon sebagai hak ulayat laut. Rumpon laut secara bahasa merupakan jenis alat bantu penangkapan ikan yang dipasang di laut, baik laut dangkal maupun laut dalam. Saat ini eksistensi rumpon laut terancam keberadaannya karena untuk menjaga dan melestarikan sistem pengelolaan perikanan ini tidak didukung oleh tindakan nyata oleh Pemerintah dan masyarakat sekitar pesisir. Tulisan ini melakukan pengkajian atas hak masyarakat hukum atas hak ulayat rumpon di Provinsi Lampung dengan fokus penelitian pada eksistensi hak ulayat laut rumpon pada masyarakat Lampung dan perlindungan konstitusional atas hak ulayat rumpon laut. Metode penelitian yang digunakan yaitu metode socio-legal yang melakukan kajian terhadap aspek hukum dalam ranah das sollen dan das sein.Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia regulates the respect and recognition on customary law community units and their traditional rights as long as they still exist. One of the rights of indigenous peoples in coastal communities in Lampung Province is rumpon’s right as the ulayat right of the sea. Literaly, Rumpon laut is a type of fishing gear installed in the sea, both the shallow and the deep one. Currently the existence of rumpon laut is threatened because the maintenance is not supported by concrete actions by the Government and coastal communities. This paper conducts an assessment of the community’s right on customary rights of rumpon laut in Lampung Province. This paper focuses on the existence of the ulayat right of rumpon laut in Lampung and the constitutional protection of the ulayat right of rumpon laut. The research method used is a sociolegal method that studies the legal aspects in the realm of das sollen and das sein.

Download Full-text

Legal Development of Coastal Marine Management Based on the Idea of Pancasila

Hasanuddin Law Review ◽

10.20956/halrev.v4i1.1325 ◽

2018 ◽

Vol 4 (1) ◽

pp. 113

Author(s):

Jantje Tjiptabudy

Keyword(s):

Natural Resources ◽

Indigenous Peoples ◽

The State ◽

Customary Law ◽

Marine Management ◽

Positive Law ◽

Coastal Marine ◽

The Republic ◽

The Government ◽

Marine Areas

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.

Download Full-text

PENGISIAN JABATAN GUBERNUR DAN WAKIL GUBERNUR DAERAH ISTIMEWA YOGYAKARTA BERDASAR UNDANG-UNDANG NOMOR 13 TAHUN 2012 TENTANG KEISTIMEWAAN DAERAH ISTIMEWA YOGYAKARTA

Hukum dan Masyarakat Madani ◽

10.26623/humani.v8i1.912 ◽

2018 ◽

Vol 8 (1) ◽

pp. 56

Author(s):

BINOV HANDITYA

Keyword(s):

The State ◽

Customary Law ◽

Regional Government ◽

Unitary State ◽

The People ◽

Special Area ◽

The Will ◽

The Republic ◽

Special Region

Negara Kesatuan Republik Indonesia mengakui dan menghormati satuan-satuan pemerintahan daerah yang bersifat khusus atau bersifat istimewa yang diatur dengan undang-undang. Negara juga menghormati kesatuan-kesatuan masyarakat hukum adat serta hak-hak tradisonalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat dan prinsip Negara Kesatuan Republik Indonesia, yang diatur dalam undang-undang. Dengan adanya hal tersebut di atas maka pelaksanaan pemilihan kepala daerah di daerah tersebut terpengaruh oleh kesatuan-kesatuan masyarakat hukum adat serta hak-hak tradisonalnya sepanjang masih hidup dan sesuai dengan perkembangan masyarakat. Dengan adanya Undang-undang Keistimewaan Daerah Istimewa Yogyakarta menggambarkan keadaan Daerah Istimewa Yogyakarta yang merupakan daerah khusus atau istimewa dan negara menghormati daerah yang mempunyai sifat khusus atau istimewa. Pengisian jabatan gubernur dan Wakil Gubernur Daerah Istimewa Yogyakarta sudah sesuai dengan asas demokrasi, karena hakikat demokrasi itu sendiri adalah kehendak rakyat itu sendiri.The Unitary State of the Republic of Indonesia recognizes and respects special or special regional government units compiled by law. The State also respects the unity of indigenous and tribal peoples and the rights of traditionality together alive and in accordance with the development of society and the principle of the Unitary State of the Republic of Indonesia, as governed by law. Given the above matters, the work undertaken by customary law bodies and the rights of common traditions is still evolving and developing with the community. With the provisions of the Special Privileges Act of Yogyakarta Special Region, Special Region of Yogyakarta which is a special area and special areas that have special or special properties. Filling the post of governor and Deputy Governor of Yogyakarta Special Region has been in accordance with the principle of democracy, because the essence of democracy itself is the will of the people themselves.

Download Full-text

Tolak Ukur Pembebasan Pajak Bagi Lembaga Perkreditan Desa (LPD) Di Wilayah Provinsi Bali

Jurnal Ilmiah Raad Kertha ◽

10.47532/jirk.v2i2.162 ◽

2020 ◽

Vol 2 (2) ◽

pp. 58-72

Author(s):

I Wayan Bandem ◽

I Nyoman Suandika

Keyword(s):

Rural Communities ◽

National Development ◽

Provincial Government ◽

Customary Law ◽

Regional Government ◽

Microfinance Institutions ◽

Unitary State ◽

Starting Point ◽

The Republic ◽

The Government

As Article 1 paragraph (3) of the State Constitution of the Republic of Indonesia is the stateof Indonesia is a state of law. Understanding the rule of law is simply a country whose administrationof power is based on law. and Article 1 paragraph (1) of the 1945 Constitution that the Indonesian stateis a Republican unitary state with a government structure that is the Government, Provincial RegionalGovernment, Regency / City Regional Government and the lowest government is the VillageGovernment which has their respective leaders based on legislation applicable legislation. Inconnection with the establishment of the LPD in article 33 of the 1945 Constitution and in Article 18Bparagraph (2) of the 1945 Constitution of the Republic of Indonesia which reads "that the staterecognizes and respects customary law units and their traditional rights insofar as it is still alive andin accordance with the development of society and the principle of the unitary State of the Republic ofIndonesia, which is regulated in law. So the provincial government of Bali based on the Rural CreditSeminar dated February 21, 1984 in Semarang The Governor of Bali initiated the establishment ofVillage Heritage Institutions (LPD) in the province of Bali in the role of national development with theaim of: 1) Encouraging economic development in rural communities through targeted savings andeffective capital distribution; 2) Eradicating the practice of bondage, illegal pawns, and others in thecountryside; 3) Creating business opportunities for villagers and rural workers, and; 4) Increasingpurchasing power and facilitating traffic payments and circulation So that the authors are interested inexamining the Tax Exemption Benchmark for LPDs in Bali Province with the research method used isjuridical-normative research. Taking into account that the starting point of research on legislation andthe fact that it began from the founding of the LPD in 1984 until now has not been taxed. In the courseof its operation the LPD in Bali by the three Ministers in 2009 issued a Joint Decree of the Minister ofFinance, Minister of Home Affairs, Minister of State for Koprasi and Small and Medium Enterprisesand Governor of Bank Indonesia Number.351.1 / KMK.010 / 2009, Number 900-639A in 2009, Number01 / SKB / M.KUKM / IX / 2009, Number 11 / 43A / KRP.GBI / 2009 concerning the DevelopmentStrategy of Microfinance Institutions. Affirmed through a letter from the Minister of Home AffairsNumber 412.2 / 3883 / SJ dated November 4, 2009 to the managers of institutions microfinance thatdoes not yet have a clear institutional status based on the prevailing laws and regulations. So that theGovernor of Bali Made Mangku Pastika on behalf of the provincial government of Bali submits a Letterof Governor of Bali Number 900/8999 / PLP. Ekbang dated 15 December 2009 to Minister of InternalAffairs The Republic of Indonesia prihal; The Strategy for the Development of MicrofinanceInstitutions. Thus, with the issuance of Law Number 1 of 2013 concerning Microfinance Institutions(MFIs), it was stated that the Village Credit Institutions and Pitih Negari Granaries and institutionsthat existed before the Laws were in effect were declared to be based on adat and not subject to thisLaw. The real benefits of the existence of LPD can be proven by the distribution of net profits each yearas profit retribution by dividing the following: 60% for fertilizing LPD business capital, 10%production services for labor, contributions to Indigenous Villages 20% for development funds inPakraman Village, as well as 5% for social funds, and 5% for empowerment funds deposited by theLPD at the agency / agency that is given the authority to regulate and manage them based on the Perdaand Decree of the Governor of Bali.

Download Full-text

Board Communities in Formation of Qanun Regional in Aceh Parliament

Konfrontasi: Jurnal Kultural, Ekonomi dan Perubahan Sosial ◽

10.33258/konfrontasi2.v9i1.94 ◽

2020 ◽

Vol 9 (1) ◽

pp. 29-39

Author(s):

S. Amirulkamar ◽

Ismail

Keyword(s):

Human Rights ◽

The State ◽

General Election ◽

Government Official ◽

Regional Government ◽

Unitary State ◽

The Status ◽

The Republic ◽

The Government ◽

Government Authority

The Government system of the Unitary State of the Republic of Indonesia according to the 1945 Constitution of the Republic of Indonesia recognizes and respects special or special regional government units (Special in the Religious Field, Special in the Field of Education and Special in the Customary Field) regulated by Constitution. In this case the Regional People's Representative Council (DPRD), which is abbreviated as DPRD, but names Aceh as a Provincial Region in the Unitary State of the Republic of Indonesia system based on the 1945 Constitution of the Republic of Indonesia and the title of elected government official will be determined by the DPRA after the 2009 general election. This is only a change in the legal nomenclature with the status remains in the position of Aceh Privileges. This long journey is the existence of the Council community in the formation of the Regional Qanun in the Aceh Parliament in the form of a legislative body as one of the tools of the DPRA that manages the formation of the Regional Qanun which is carried out jointly with the Regional Head. This is done with the delegation of government authority to the Regional Regions as a political tool in the struggle for human rights and the rights of social aspirations, as well as the Aceh People's Representative Council or the Aceh DPR as a nomenclature of legislative institutions in regions that have legitimated importance in governance. The regulation of laws and regulations in Indonesia as a constitutional basis for the 1945 Constitution of the Unitary State of the Republic of Indonesia article 18B paragraph (1) states that "the State recognizes and respects special or special regional government units that are regulated by laws invite.

Download Full-text

Peraturan Hukum Adat Baduy dan Hierarki Menurut Undang Undang yang Berlaku

Jurnal Panorama Hukum ◽

10.21067/jph.v6i1.5157 ◽

2021 ◽

Vol 6 (1) ◽

pp. 32-39

Author(s):

Putri Azzahra Maghfiroh

Keyword(s):

Indigenous People ◽

Indigenous Peoples ◽

Geographical Location ◽

Capital City ◽

Customary Law ◽

Technological Advances ◽

Customary Rights ◽

Customary Laws ◽

The Republic ◽

The Government

The Baduy tribe is located closest to the capital city of the country. This is special to describe, how Baduy maintains its customs and customary laws in the midst of the influence of technological advances and the development of positive Indonesian law which is especially due to its geographical location not far from the metropolitan city, namely Jakarta and its surroundings. Then the purpose of this study also wants to reveal how Baduy customary law regulations and hierarchy according to applicable laws. Baduy is an ethnic indigenous people who still live in Indonesia. The hierarchy or order of laws and regulations in Indonesia refers to the recognition and respect given by the state in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which is not sufficient to protect the rights of the Baduy customary law community plus the weakness of Perda No.32 of 2001 which discuss the customary rights of the Baduy customary community only. The clash of Baduy traditional interests with the government system has made Baduy weaker in terms of representation. The government must immediately draft a law related to the protection of Baduy customary rights and or create a representation mechanism for indigenous peoples.

Download Full-text

Pengakuan dan Perlindungan Hukum Terhadap Eksistensi Pemerintahan Adat

SASI ◽

10.47268/sasi.v26i2.305 ◽

2020 ◽

Vol 26 (2) ◽

pp. 188 ◽

Cited By ~ 1

Author(s):

Jenny Kristiana Matuankotta

Keyword(s):

Indigenous Peoples ◽

The State ◽

Customary Law ◽

Legal Recognition ◽

Regional Policies ◽

Unitary State ◽

The Republic ◽

Research Show

The existence of Customary Law Communities in Indonesia, including Customary Law Communities in the State of Eti, West Seram Regency is a fact in the life of the nation and the State in the Unitary State of the Republic of Indonesia. The existence of the Customary Law Community, including its Customary Government system, should also receive legal recognition and protection in accordance with constitutional recognition as regulated in the 1945 Constitution of the Republic of Indonesia Article 18B Paragraph (2). The results of the research show that although the existence of constitutional communities has been recognized constitutionally by the State, the implementation of regional policies related to the recognition and protection of indigenous peoples including their customary government has not been recognized in regional regulations that contain such recognition.

Download Full-text