scholarly journals Customary Institutions in the Kei Indigenous Community Against Criminal Case Resolution

2020 ◽  
Vol 3 (1) ◽  
pp. 26-35
Author(s):  
Rudini Hasyim Rado

This research is focused on exploring the values of Kei customary law on the settlement of criminal cases that are resolved through customary institutions, by proposing 2 (two) problems, First, how is the existence of the law customary criminal Kei? Second, what is the role of customary institutions in the settlement of criminal cases? This research uses non-doctrinal legal research methods with interviews and observations as primary data. Meanwhile, data analysis is inductive and qualitative. It can be concluded that (1) the formal customary law of Kei is the values that live in the community that are agreed upon and are binding on the community, where the settlement of customary Kei crimes is taken in stages starting from the family level, customary institutions (Soa, Orang Kai and the last tier of Rat). (2) the role of traditional institutions in the settlement of criminal cases is starting to strengthen in society, this is indicated by the level of compliance with decisions and sanctions that are stipulated. People believe that customary cases are resolved by “insiders” (customary institutions) through deliberation (dok Tasdov) with a local wisdom approach to create social justice.

2021 ◽  
Vol 1 (2) ◽  
pp. 309
Author(s):  
Sri Anggraini Kusuma Dewi ◽  
Rezky Panji Perdana Martua Hasibuan

The agrarian disputes often occur in rural areas, considering that the majority of the livelihoods of rural communities are farmers. In this regard, rural communities also cannot be avoided from agrarian conflicts that occur between residents, including in terms of inheritance. This social legal research aims to analyze the factors causing the occurrence of agrarian conflicts in rural areas; and explain the role of the village head in dealing with disputes related to land. This empirical legal research uses a qualitative approach that is based on primary data and secondary data as obtained through a series of observations, interviews, and documentation. The results of the study indicate that rural communities tend to choose the head of village as the party that resolves agrarian disputes in rural areas. Therefore, the rural community perspective believes and considers the head of village to be able to provide a sense of community justice. The scheme used by the head of village is mediation or what is often called 'deliberation for consensus'. KEYWORDS: Land, Customary Law, Head of Village, Amadanom, Malang.


Author(s):  
Ni Nyoman Sukerti ◽  
I Gst. Ayu Agung Ariani

Different weddings are still a polemic for the custom society of Bali until now, even though they have been normatively removed by Decree No. DPRD. 11 of 1951. This study aims to elaborate and analyze the notion of a marriage of different ancestors and the legal culture of Balinese indigenous peoples related to the marriage. The research method used is empirical legal research by prioritizing field data as primary data extracted by interviews. The type of pedestal is socio-legal. The results show that the marriage of different wangsa is a marriage between tri wangsa women and jaba wangsa men, while the legal culture of Balinese indigenous people towards marriage is as follows; most of the respondents no longer maintained their interfaith marriage in full meaning that the term was not discarded from the family, there was no ceremony for the decline of the house for the woman, and there was no change in calling her parents. This happens because of the development and progress in the fields of education, science, and information technology that change the mindset of some citizens. A small number of respondents still maintain an old tradition that is formally juridically revoked based on the Bali DPRD Decree No. 11 of 1951, wanted to maintain its nationality, respect the old customary law and lack of understanding of applicable law. Perkawinan beda wangsa masih merupakan polemik bagi masyarakat adat Bali hingga kini , walaupun secara normative sudah dihapus dengan Keputusan DPRD No. 11 Tahun 1951. Penelitian ini bertujuan untuk mengelaborasi dan menganalisis pengertian perkawinan beda wangsa  dan budaya hukum masyarakat adat Bali terkait perkawinan tersebut. Metode penelitian yang dipakai adalah penelitian hukum empirik dengan mengutamakan data lapangan sebagai data primer yang digali dengan wawancara. Jenis pendekatannya adalah socio-legal. Hasil menunjukkan bahwa perkawinan beda wangsa adalah perkawinan antara perempuan tri wangsa dengan laki-laki jaba wangsa, sedangkan budaya hukum masyarakat adat Bali terhadap perkawinan tersebut adalah sebagai berikut; sebagian besar responden tidak lagi mempertahankan secara utuh perkawinan beda wangsa tersebut artinya tidak dilakukan istilah dibuang dari keluarga, tidak dilakukan upacara penurunan wangsa bagi si perempuan, dan tidak ada perubahan dalam memanggil orang tuanya. Hal tersebut terjadi karena perkembangan jaman dan kemajuan di bidang pendidikan, ilmu pengetahuan, dan teknologi informasi yang mengubah pola pikir dari sebagian warga masyarakat. Sebagian kecil responden masih ada mempertahankan tradisi lama yang secara yuridis formal sudah dicabut berdasarkan Keputusan DPRD Bali No. 11 Tahun 1951, ingin mempertahankan kewangsaannya, menghormati hukum adat yang sudah usang dan kurangnya pemahaman tentang hukum yang berlaku.


2014 ◽  
Vol 3 (2) ◽  
Author(s):  
Sutrisno Purwohadi Mulyono

<p align="center"><strong><em>Abstract</em></strong></p><p><em>Article 18B (2) of the Constitution 1945 normatively recognizes and respects the unities of society with customary law with its traditional rights. However, in the context of emerging empirical question which is based on a number of issues regarding the presence or absence of the role of customary law in the administration of the village administration. This article aims to identify and analyze the existence of the application of customary law through synoptic policy in the administration of the village administration as an effort to strengthen participatory democracy. Approach selected was socio-legal research with qualitative data analysis (qualitative research) that is descriptive. Techniques in collecting the data are interview, documentation and observation. The study concludes that the involvement of customary law, citizens feel partially responsible for the implementation of village governance system. But along with the development policy of national law customary law sometimes neglected. Recommendations of this study can be used as a basis for developing policies synoptic application of customary law in the administration of the village administration.</em></p><p><strong><em>Keywords: </em></strong><em>Synoptic Policy, Village Government.</em></p><p align="center"><strong>Abstrak</strong></p><p>Pasal 18B ayat (2) UUD 1945 secara normatif mengakui dan menghormati kesatuan-kesatuan masyarakat hukum adat beserta hak-hak tradisionalnya. Namun dalam konteks empiris muncul sejumlah pertanyaan yang bersumber pada permasalahan perihal ada tidaknya peran hukum adat dalam penyelenggaraan pemerintahan desa tersebut. Artikel ini bertujuan untuk mengetahui dan menganalisis eksistensi penerapan hukum adat melalui kebijakan sinoptik dalam penyelenggaraan pemerintahan desa sebagai upaya imemperkuat demokrasi partisipatoris. Pendekatan socio-legal research dipilih dalam penelitian kebijakan hukum ini menggunakan analisis data kualitatif (qualitative research) yang bersifat deskriptif. Teknik pengumpulan data dengan metode wawancara, dokumentasi dan observasi. Hasil penelitian menyimpulkan, dengan berperannya hukum adat, warga masyarakat merasa ikut bertanggungjawab terhadap terselenggaranya sistem pemerintahan Desa. Namun seiring dengan kebijakan pembangunan hukum nasional terkadang hukum adat terabaikan. Rekomendasi penelitian ini dapat digunakan sebagai dasar membangun kebijakan sinoptik penerapan hukum adat dalam penyelenggaraan pemerintahan desa.</p><strong>Kata Kunci </strong>: Kebijakan Sinoptik, Pemerintahan Desa.


2013 ◽  
Vol 1 (1) ◽  
pp. 64 ◽  
Author(s):  
Pranam Dhar

Zakat is an important form of religiously mandated charity under Islam. It is the third pillar of Islam. The giving of Zakat is important for Muslims, as this leads to purification of their wealth from all sins. This paper examines the role of Zakat as an instrument of social justice and poverty eradication in society. Each Muslim calculates his or her own Zakat individually. Generally, this involves the payment each year of two and a half percent of one's capital, after the needs of the family have been met. One can donate additional amount as an act of voluntary charity but Zakat is fundamental to every Muslim. Zakat is the Islamic contribution to social justice: those who have to give charity share the benefit of their prosperity to those who have fallen short. This is the Islamic approach to remove greed and envy and to purify one's soul based on good intentions. This is the institution of Zakat in Islam. The institution of Zakat serves to eradicate poverty in the community and uphold the light of Islam. Allah says “whatever is paid as Zakat for the sake of Allah shall be rewarded in manifolds”.


2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>


Plants ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 163
Author(s):  
Airy Gras ◽  
Oriane Hidalgo ◽  
Ugo D’Ambrosio ◽  
Montse Parada ◽  
Teresa Garnatje ◽  
...  

Studies suggesting that medicinal plants are not chosen at random are becoming more common. The goal of this work is to shed light on the role of botanical families in ethnobotany, depicting in a molecular phylogenetic frame the relationships between families and medicinal uses of vascular plants in several Catalan-speaking territories. The simple quantitative analyses for ailments categories and the construction of families and disorders matrix were carried out in this study. A Bayesian approach was used to estimate the over- and underused families in the medicinal flora. Phylogenetically informed analyses were carried out to identify lineages in which there is an overrepresentation of families in a given category of use, i.e., hot nodes. The ethnobotanicity index, at a specific level, was calculated and also adapted to the family level. Two diversity indices to measure the richness of reported taxa within each family were calculated. A total of 47,630 use reports were analysed. These uses are grouped in 120 botanical families. The ethnobotanicity index for this area is 14.44% and the ethnobotanicity index at the family level is 68.21%. The most-reported families are Lamiaceae and Asteraceae and the most reported troubles are disorders of the digestive and nutritional system. Based on the meta-analytic results, indicating hot nodes of useful plants at the phylogenetic level, specific ethnopharmacological research may be suggested, including a phytochemical approach of particularly interesting taxa.


Although women’s participation in the workforce has increased remarkably in recent times but women are still lagging behind because of the traditional thinking and attitudes of their families in the context of Bangladesh. The purpose of the current study was to explore the role of the family in shaping women’s career development. The study was conducted in a qualitative approach and it was exploratory in nature. The study was conducted during November-December, 2019 in Khulna division, Bangladesh. The purposive sampling procedure was used to select the 25 respondents of the study. The respondents constituted of working women from different professions. Primary data was collected through semi-structured in-depth interviews extending from 35 to 45 minutes. The collected data were analyzed using thematic analysis method and nine themes emerged from the transcripts. The emerged themes were acceptance and aspiration from family, spousal support, being a mother, grown-up children as helping hands, family and work balance, family as a social network, family as a barrier, family as a lever, and gender inequality. This research highlighted the fact that women’s career practices and its development depended highly on familial roles. The family possesses the ability to affect women’s career success both positively and negatively. The study revealed that women who received positive support from their families were more motivated and achieved greater success in their professional life. Family can serve both as a lever as well as a barrier in shaping a woman’s career.


2021 ◽  
Vol 1 (1) ◽  
pp. 16-27
Author(s):  
Azhar Ulwan

The purpose of this study is to determine the role of young online convection entrepreneurs in labor absorption and the obstacles faced by young online convection entrepreneurs as well as to analyze the implications of young online convection entrepreneurs in Bantul Regency on their family economic resilience. This research used a qualitative approach. Primary data is obtained from observations and in-depth interviews with 5 young entrepreneurs from 5 different online convection, namely Arto Convection, Apparelsae Convection, Convection San Project, ID Convection, and Indeepco Clothing. The data analysis technique used is interactive model data analysis. This study used data validity checking techniques, namely triangulation, and detailed description techniques. The results of the research showed that young entrepreneurs have a role in labor absorption and provide income to the owner convection. Some of the obstacles often encountered by young entrepreneurs of convection online are a constraint on the production, financial management, management of marketing, customer service online base, less qualified human resources constraints, and constraints background education entrepreneurs who are not majoring in business. Young online convection entrepreneurs have made several efforts to overcome these obstacles. Based on the analysis with the income contribution approach and the basic need approach, the impact of online convection makes the economic resilience of young entrepreneur families strong and resilient.


Zootaxa ◽  
2009 ◽  
Vol 2243 (1) ◽  
pp. 1-39 ◽  
Author(s):  
EVERT E. LINDQUIST ◽  
MARÍA L. MORAZA

The genus Anystipalpus Berlese, 1911, of uncertain prior placement in the superfamilies Ascoidea or Dermanyssoidea, is redescribed, based on reexamination of type and other material of the type-species, A. percicola Berlese, and of material representing Anystipalpus livshitsi (Eidelberg) new combination and two new species, A. labiduricola n. sp. and A. kazemii n. sp. Anystipalpus nataliae (Eidelberg) new combination and Anystipalpus ukrainicus (Sklyar) new combination are determined to be junior synonyms of A. percicola Berlese and A. livshitsi (Eidelberg), respectively, new synonymies. The genus is known thus far only from adult females phoretic under the elytra of carabid beetles and the tegmina of labidurid earwigs in Eurasia. The relationships between it and the closely related Antennoseius Berlese, 1916 and Vitzthumia Thor, 1930, are reviewed, and the options for the family level placement of these genera are reconsidered. Attention is given to some gnathosomatic attributes that are commonly overlooked in description of species of these closely related genera. Phoresy and the role of adult female morphs in the life history of these mites, as well as the extraordinary phoretic association of one species with earwigs are discussed.


2019 ◽  
Vol 12 (2) ◽  
pp. 20
Author(s):  
SI LUH PUTU KARTIKA DEWI

The development of bamboo handicraft business can’t be separated from the important role of capital, KUR is a working capital or investment financing specifically intended for SMEs in the field of productive and feasible business. This study aims to analyze the interest of bamboo handicraft industry business owners in KUR program, and analyze the partial and simultaneous effect of program socialization, knowledge, interest rate perception and revenue on the interest of bamboo handicraft industry owners in KUR program in Bangli regency. In this study dependent variable is dummy and primary data type. Data analysis technique used is logit model. The result of analysis shows that bamboo handicraft business owners who are interested in KUR program are 74.74 percent. Program socialization, knowledge, interest rate perception and revenue have a positive and significant effect to interest of bamboo handicraft business owners in KUR program either partially or simultaneously.


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