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 PENYELESAIAN SENGKETA TANAH ULAYAT YANG TELAH BERSERTIFIKAT BERDASARKAN HUKUM ADAT MALIND-ANIM

Arena Hukum ◽  
2021 ◽  
Vol 14 (1) ◽  
pp. 150-166
Author(s):  
Ahmad Muddin ◽  
◽  
Hardianto Djanggih
Keyword(s):  
Dispute Resolution ◽  
Land Rights ◽  
Customary Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Land Dispute ◽  
Traditional Institutions ◽  
Customary Land

Abstract This study aims to analyze dispute resolution, the dispute resolution approach that guarantees legal certainty and examine the factors that influence the construction of the settlement of land rights of the customary community of Malind-Amin. This normative and empirical legal research is analized descriptively and analytically. The results shows that the nature of customary land dispute with customary law can be resolved through positive legal mechanisms and customary law mechanisms, while dispute resolution on disputed objects that have certificates based on the release of traditional institutions through mediation, synchronization / harmonization of laws and the making of local regulations. However, efforts to resolve this have experienced various factors of internal and external obstacles.

scholarly journals KAZAKHSTAN: ADAT-THE TRADITIONAL CONFLICT MANAGEMENT MECHANISM IN CENTRAL ASIA

2021 ◽  
pp. 3-19
Author(s):  
Christian-Radu CHEREJI ◽  
Ciprian Sandu
Keyword(s):  
Conflict Management ◽  
Central Asia ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Foreign Country ◽  
Customary Law ◽  
Cultural Norms ◽  
Legal Anthropology ◽  
Management Mechanism ◽  
Law Faculty

The following article is based on the three principles of the anthropology of law and portrays the experiences of the Chechens and the meaning of their cultural norms, especially in case of conflicts and conflict management, back home and inside a foreign country – Kazakhstan – and sometimes in a clash with the Sharia law and the federal/republican one. More specifically, this article will focus on Adat – norms of local customary law – in the traditional Chechen society. This study was developed in Karaganda (Kazakhstan) with the help of the data and information provided by the Chechen Veteran’s Council in Kazakhstan and the vice-dean of the Law Faculty in Karaganda and it found out that conflicts can be addressed through the extension of existing alternative dispute resolution mechanisms. Keywords: Adat, mediation, teip, tukkhum, Kazakhstan, customary law, legal anthropology.

scholarly journals The Dispute Settlements of Inheritance in Palangka Raya: A Legal Anthropology Approach

MAZAHIB ◽  
2019 ◽  
Vol 18 (1) ◽  
Author(s):  
Haji Syaikhu
Keyword(s):  
Dispute Resolution ◽  
Islamic Law ◽  
Customary Law ◽  
Legal Anthropology ◽  
Family Meeting ◽  
Central Kalimantan ◽  
The People ◽  
Peaceful Settlement ◽  
Dispute Settlements ◽  
The City

The issue of inheritance distribution does not often lead to conflicts that must be resolved by means of litigation. In resolving conflicts that might arise, the community usually has set a separate rule to distribute inheritance. The people of Central Kalimantan, especially in the City of Palangka Raya, prioritize deliberations that are actually not contrary to Islamic law in resolving their inheritance disputes. Why and how these dispute settlements are conducted? This study uses normative-empirical methods which employs a legal anthropology approach. The results of the study show that the tradition of resolving inheritance disputes in the people of Palangka Raya City of Central Kalimantan prioritizes peaceful settlement disputes by using Islamic law first and then a family meeting is held to determine the agreeable share and distribution of assets. The principle of kinship in the protection of property (hifz al-maal) in the family is adopted, so that the community returns to share property with the negotiation method which is built on family agreements. By referring to Islamic jurisprudence on inheritance, the dispute settlements also aims at sharia compliant in order to adhere to Islamic doctrine (hifz al-din). Finally, they also adopt the principle of responsive thinking which is human based on local wisdom values in society. The conclusion of this study shows that the Palangka Raya City Society combines Islamic law and customary law in the distribution of inheritance.Keywords: dispute resolution, inheritance, Palangka Raya, legal anthropologyPersoalan pembagian kewarisan tidak jarang menimbulkan konflik yang harus diselesaikan. Dalam menyelesaikan konflik yang mungkin timbul tersebut, masyarakat biasanya telah menentukan suatu aturan tersendiri untuk meyelesaikan pembagian kewarisan. Masyarakat Kalimantan Tengah khususnya Kota Palangka Raya dalam penyelesaian sengketa waris, mengedepankan musyawarah yang sejatinya tidaklah bertentangan dengan hukum Islam.  Penelitian ini menggunakan metode normatif-empiris. Hasil penelitian menunjukkan bahwa tradisi penyelesaian sengketa kewarisan pada masyarakat Kota Palangka Raya Kalimantan Tengah mengedepankan perdamaian dengan cara menggunakan hukum Islam terlebih dahulu kemudian dilakukan musyawarah keluarga untuk bersepakat menentukan bagian dan pembagian harta. Tradisi tersebut dilakukan dengan cara yang digabung atau due procces dispute resolution kewarisan. Sikap mental masyarakat tetap membagi harta secara Islam, kemudian harta digabung dengan nilai kemanusiaan (humanis). Adanya asas kekeluargaandalam perlindungan terhadap harta (hifzul maal) dalam keluarga, sehingga masyarakat kembali membagi harta dengan metode islah yang dibangun berdasarkan kesepakatan kekeluargaan. Masyarakat  Kota Palangka Raya melaksanakan prinsip ta’abbudi dalam konteks menjalankan hukum faraid yang juga bertujuan syariat (maqashid syariah) memelihara agama (hifzul din) kemudian menjalankan prinsip ta’aqqulli berupa ijtihad responsif yang bersifat humanis berdasarkan nilai-nilai kearifan lokal (local wisdom) di masyarakat. Kesimpulan penelitian ini menunjukkan bahwa Masyarakat Kota Palangka Raya menggabungkan antara hukum Islam dan hukum Adat dalam pembagian harta warisan.Kata kunci: penyelesaian sengketa, kewarisan, Palangka Raya, antropologi hukum

scholarly journals Uang tutup babah as a customary dispute resolution in gayonese community

2018 ◽  
Vol 52 ◽  
pp. 00043
Author(s):  
Shira Thani ◽  
Alvi Syahrin
Keyword(s):  
Dispute Resolution ◽  
Positive Impact ◽  
Customary Law ◽  
Deterrent Effect ◽  
Legal Certainty ◽  
Sociological Jurisprudence ◽  
Impact Theory ◽  
The Law ◽  
Laws And Regulations

There are several customary sanctions which are often imposed in customary dispute resolutions in Gayonese community. One of them is uang tutup babah (hush money). It is a payment to resolve customary dispute between parties. However, it is not yet regulated in laws and regulations related to customary law. This paper will discuss the legal strength of decision of uang tutup babah in a customary dispute resolution and its impact. Theory of sociological jurisprudence, theory of harmonization and theory of criminalization were used in this study. In general, uang tutup babah means hush money. It is a customary dispute resolution in some customary communities in Gayo. Although the sanction, uang tutup babah, it is not yet regulated by law on customary institutions, it is often used by parties involved in the dispute to resolve their problem because it has a positive impact on communities. It is also believed that it gives a deterrent effect to the perpetrator. Since this has been done repeatedly and community accept it as a sanction, it should be included in the law to ensure that it gives legal certainty and has legal strength.

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.

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

‘Turning Human Beings into Lawyers’

2018 ◽  
Vol 2 (2) ◽  
pp. 99-104
Author(s):  
Insa Koch
Keyword(s):  
Financial Regulation ◽  
Legal Culture ◽  
Corporate Law ◽  
Customary Law ◽  
Immigration Law ◽  
Legal Anthropology ◽  
Human Beings ◽  
Legal Practice ◽  
The World ◽  
Cultural Experts

Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.

scholarly journals Fit-For-Purpose Applications in Colombia: Defining Land Boundary Conflicts between Indigenous Sikuani and Neighbouring Settler Farmers

Land ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 382
Author(s):  
Laura Becerra ◽  
Mathilde Molendijk ◽  
Nicolas Porras ◽  
Piet Spijkers ◽  
Bastiaan Reydon ◽  
...  
Keyword(s):  
Conflict Resolution ◽  
Indigenous Peoples ◽  
Field Measurements ◽  
Third Parties ◽  
Participatory Mapping ◽  
Social Cartography ◽  
Land Conflicts ◽  
Land Administration ◽  
Fit For Purpose ◽  
Communal Lands

One of the most difficult types of land-related conflict is that between Indigenous peoples and third parties, such as settler farmers or companies looking for new opportunities who are encroaching on Indigenous communal lands. Nearly 30% of Colombia’s territory is legally owned by Indigenous peoples. This article focuses on boundary conflicts between Indigenous peoples and neighbouring settler farmers in the Cumaribo municipality in Colombia. Boundary conflicts here raise fierce tensions: discrimination of the others and perceived unlawful occupation of land. At the request of Colombia’s rural cadastre (Instituto Geográfico Agustín Codazzi (IGAC)), the Dutch cadastre (Kadaster) applied the fit-for-purpose (FFP) land administration approach in three Indigenous Sikuani reserves in Cumaribo to analyse how participatory mapping can provide a trustworthy basis for conflict resolution. The participatory FFP approach was used to map land conflicts between the reserves and the neighbouring settler farmers and to discuss possible solutions of overlapping claims with all parties involved. Both Indigenous leaders and neighbouring settler farmers measured their perceived claims in the field, after a thorough socialisation process and a social cartography session. In a public inspection, field measurements were shown, with the presence of the cadastral authority IGAC. Showing and discussing the results with all stakeholders helped to clarify the conflicts, to reduce the conflict to specific, relatively small, geographical areas, and to define concrete steps towards solutions.

scholarly journals RIGHTS OWNERSHIP TO CERTIFIED LAND CONFRONTED WITH THE CUSTOMARY LAW IN THE LEGAL SYSTEM IN INDONESIA

2018 ◽  
Author(s):  
Saim Aksnudin
Keyword(s):  
National Development ◽  
Land Rights ◽  
The State ◽  
Customary Law ◽  
Legal Certainty ◽  
The Status ◽  
Need For Support ◽  
The Law ◽  
The Right ◽  
Ownership Of Land

In the national development the role of land for the fulfillment of various purposes will increase, either as a place to live or for business activities. In relation to that will also increase the need for support in the form of guarantee of legal certainty in the field of land. The result of the research is the conception of the state of Indonesia is a state law, which contains the meaning in the administration of government and the state based on the law, the protection of the law is a universal concept of the rule of law. The legal certainty on land rights as intended by the UUPA encompasses three things, namely the certainty of the object of land rights, certainty on the subject of land rights and certainty about the status of landrights. Legal conception of land title certificate is a proof that issued by authorized legal institution, containing juridical data and physical data which isused as evidence of ownership of land rights in order to provide assurance of legal certainty and certainty of rights to a plot of land owned or possessed by a person or legal entity. With the certificate of rights, it is expected that the juridical can guarantee the legal certainty and the right by the state for the holder of the right to the land. This country's guarantee is granted to the owner or the holder of the certificate may be granted because the land is already registered in the state land administration system.

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