scholarly journals Adat Law as An Alternative Option In Law Pluralism Perspective In Indonesia

2020 ◽  
Vol 1 (1) ◽  
pp. 34-62
Author(s):  
Sulastriyono Sulastriyono ◽  
Journal Manager APHA
Keyword(s):  
Conflict Resolution ◽  
Secondary Data ◽  
Legal Pluralism ◽  
The State ◽  
Good Faith ◽  
Research Report ◽  
State Recognition ◽  
Combination Model ◽  
Mechanism Model ◽  
Adat Law

This article aims to analyze recognition and respect towards adat law community and adat law in Indonesia legal pluralism context; the strength and weakness of adat law as conflict resolution mechanism; model on state recognition and respect towards adat law community and its adat law in order to reduce the weakness of adat law as a tool to resolve conflict. This is a legal normative article which written based on secondary data, such as books, articles, news, research report, and laws. Collected secondary data are selected based on the issues and analyzed qualitatively. Analysis results on descriptive report which explains the issues comprehensively. This article found that (1) In Indonesia legal pluralism context, the state has not recognized and respect adat law community and its adat law wholeheartedly. It is proven by cumulative limitations which hard to be fulfilled by the adat law community in order to be recognized and respected by the state; (2) The strength of non-litigation conflict resolution based of adat law principles is not about win or lose solution, but about win-win solution. Win-win solution has purpose to achieve justice which acceptable to all parties. Win-win solution is obtained based on consensus from conflicting parties until justice is achieved. The weakness of adat law in Indonesia Law context is the fact that Indonesia adopts European Continental system of law, therefore adat law is not the state law. Adat law is understood by understanding the life of the community where adat law is applied. Adat law is implemented voluntarily, without any force from the state. The weakness of adat law as tool of conflict resolution is the dependency towards good faith between parties. The decision cannot be implemented, unless there is good faith from the conflicting parties; (3) model of adat law community and its adat law recognition and respect is synergic combination model between self declaratory by the adat law community and decisive state recognition with strict limitation which hard to be implemented by the adat law community.

scholarly journals Marginalisasi Hukum Adat pada Masyarakat Adat The marginalization of adat law on adat communities

2020 ◽  
Author(s):  
Tine Suartina
Keyword(s):  
Field Research ◽  
Legal Pluralism ◽  
The State ◽  
Legal Systems ◽  
Social Lives ◽  
Plural Society ◽  
Formal Rules ◽  
Adat Law

Tulisan ini berupaya melihat marjinalisasi adat, hukum adat serta implikasinya pada masyarakat adat. Dalam konteks Indonesia, meskipun Konstitusi dan beberapa aturan formal mengakui masyarakat adat, termasuk pranata adat, namun pada praktiknya telah terjadi upaya peminggiran jangka panjang. Ketidakkonsistenan kebijakan negara terhadap penerapan hukum adat memberikan peran dalam marjinalisasi komunitas adat pada berbagai tingkat. Melalui penelitian lapangan di tiga komunitas adat, Kasepuhan Ciptagelar, Kasepuhan Karang dan Kasepuhan Guradog di bagian Barat Jawa serta perspektif pluralism hukum, tulisan ini menjelaskan kurangnya pengakuan pada hukum adat memberikan pengaruh tertentu pada masyarakat adat, termasuk dalam pengaturan kemasyarakatan dan penghidupan. Studi ini pun membuktikan bahwa meskipun hukum adat secara praktis tidak diadopsi oleh negara, dalam beberapa kasus, masyarakat adat menemukan strategi untuk mempertahankan keyakinan dan praktik hukum adat di komunitasnya. Untuk itu, dalam konteks lebih luas, hal yang ingin disampaikan adalah, upaya marjinalisasi tidak mampu menghapuskan praktik adat dan hukum adat secara keseluruhan. Ketiga kasus memperlihatkan hingga saat ini praktik multi sistem hukum di masyarakat plural seperti Indonesia masih diterapkan, baik dalam situasi konflik maupun berdampingan. Selain itu, dalam mendiskusikan implementasi hukum di Indonesia dari perspektif masyarakat, pembedaan sistem formal dan informal di masyarakat tetap diperlukan dan unifikasi hukum hanya berfungsi dalam batas tertentu.This paper attempts to see adat and adat law marginalizations, and the implications on adat peoples. In Indonesia, despite the recognition for adat peoples in the Constitution and formal rules, including adat institutions, in practice there has been a long-term marginalization. The inconsistent State’s policies towards the adat law application play a role in the marginalization of adat communities at various levels. Having field research in Ciptagelar, Karang and Guradog kasepuhan communities in western Java and legal pluralism perspective, this paper elucidates the lack of adat law recognition giving certain impacts on adat peoples, including on their social lives and livelihood. This study also proves that although adat law is not practically adopted by the State, in some cases, adat peoples find strategies to maintain their beliefs and adat law. Thus, in a broader context, the marginalization is unable to eliminate adat and adat law as a whole. To date the practice of multi-legal systems in a plural society, such as Indonesia, still takes place, both in conflict and coexistence. Moreover, in discussing Indonesia’s implementation of law from a community perspective, the distinction between formal and informal systems is still needed and legal unification only functions within certain limits

scholarly journals Pendekatan Pluralisme Hukum dalam Studi Hukum Adat: Interaksi Hukum Adat dengan Hukum Nasional dan Internasional

2021 ◽  
Vol 4 (1) ◽  
pp. 81-124
Author(s):  
Sartika Intaning Pradhani
Keyword(s):  
Secondary Data ◽  
Legal Pluralism ◽  
Legal Order ◽  
Forum Shopping ◽  
Information Communication ◽  
Social Field ◽  
Communication And Technology ◽  
The Relationship ◽  
Adat Law

Scientific study on adat law starts from empirical research, which finds that adat law does not stand alone but works together with other legal orders. This paper is written based on normative legal research by collecting secondary data to answer (1) how legal pluralism explains adat law and adat law community; and (2) how the application of legal pluralism approach in adat law study. The legal pluralism approach explains adat law not as an isolated/marginalized legal order but as a dynamic legal order which interacts with national and international law. From the perspective of legal pluralism, the adat law community is a semi-autonomous social field that produces rules from the interplay between the adat law community and other legal communities/institutions. Categorization of legal pluralism approach application are as follow: first, weak legal pluralism where state law recognizes adat law either by law and regulation or court decision; second, strong legal pluralism which describes through the semi-autonomous social field, shopping forum, and forum shopping concept; third, legal pluralism multi-sited which explain the relationship between legal phenomena in local, national, and international level; and elaborate the role of information, communication, and technology which bridges legal phenomenon from one to another. Abstrak Kajian ilmiah terhadap hukum adat berangkat dari penelitian lapangan yang menemukan bahwa hukum adat tidak pernah berdiri sendiri dan selalu berinteraksi dengan tertib hukum yang lain. Artikel ini ditulis berdasarkan penelitian hukum normatif dengan mengumpulkan data sekunder berupa laporan-laporan penelitian dan artikel jurnal untuk untuk menjawab (1) bagaimana pendekatan pluralisme hukum menjelaskan hukum adat dan masyarakat hukum adat; dan (2) bagaiamana pendekatan pluralisme hukum digunakan dalam studi hukum adat hari ini. Pendekatan pluralisme hukum memahami hukum adat tidak sebagai suatu ketertiban hukum yang terpisah atau termarginalisasi dari ketertiban hukum yang lain, tetapi secara dinamis terus berinteraksi dengan hukum nasional maupun internasional. Dari perspektif pluralisme hukum, masyarakat hukum adat merupakan suatu wilayah sosial semi otonom yang melahirkan hukum berdasarkan hubungan saling memengaruhi dengan masyarakat hukum lain. Penerapan pendekatan pluralisme hukum dalam studi hukum adat dapat dikelompokkan dalam tiga kategori. Pertama, pluralisme hukum lemah di mana negara mengakui hukum adat baik melalui peraturan perundang-undangan maupun putusan pengadilan. Kedua, pluralisme hukum kuat yang dideskripsikan melalui konsep wilayah sosial semi-otonom, forum shopping, dan shopping forum. Terakhir, pluralisme hukum multi-sited yang digunakan untuk menjelaskan hubungan berbagai fenomena hukum antara hukum adat (lokal), nasional, dan internasional serta peran teknologi informasi dan komunikasi dalam menjembatani hubungan tersebut.

scholarly journals Legal pluralism and stigma: a case-study of customary resurgence in the Chakma communities of Bangladesh and India

2021 ◽  
Vol 17 (3) ◽  
pp. 356-370
Author(s):  
Margaret O'Brien
Keyword(s):  
Legal Pluralism ◽  
The State ◽  
Customary Law ◽  
State Recognition ◽  
Tribal Identity ◽  
Strong State ◽  
Legal Domain ◽  
The Hill ◽  
Customary Practices

AbstractThis paper explores the complex iteration of ethnic identity and legal culture amongst the Chakma peoples of the Chittagong Hill Tracts of Bangladesh and the hill territories of Tripura, India. Its hypothesis is that the stigma of tribal identity is more likely to be sustained in situations of ‘weak’ pluralism – that is, where the customary system is formally annexed to the state. However, such stigma is more likely to be dispelled where numerous, competing legal jurisdictions collide in a ‘strong’ pluralism expressed as a relatively autonomous legal domain, overlapping legal jurisdictions and in the presence of a productive and potentially creative ‘interlegality’. Conversely, strong state recognition of identities, such as can be found in India, appears to be linked to weak local pluralism, creating an insular and inward-looking community that embraces stigma and the preservation and use of customary practices. In conclusion, this paper asserts that formal state recognition in a situation of legal pluralism tends to freeze identities in a facsimile of the colonial trope of tribe, whilst conflict between the communities and the state generates new and resistant identities and new iterations of customary law.

scholarly journals Penyelenggaraan Pemerintah Negeri di Pulau Ambon Kabupaten Maluku Tengah Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2014 Tentang Desa

SASI ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 182
Author(s):  
Natanel Lainsamputty
Keyword(s):  
Secondary Data ◽  
State Intervention ◽  
State Regulation ◽  
The State ◽  
Primary Data ◽  
Administration System ◽  
State Administration ◽  
The Right ◽  
Adat Law

The purpose of this research is to analyze the state regulation in Ambon Island, Central Maluku Regency, to analyze the state Regulation after the enforcement of Act Number 6 of 2014 and analyze why the State is positioned as Adat Law on village administration in Ambon Island, Central Maluku Regency. This research is a normative-empirical legal research using secondary data type that covering three legal materials (primary, secondary and tertiary legal materials) and primary data obtained through interviews of respondents and interviewees. The results of this research indicate the first of the existence of government Negeri in the three districts of Leihitu District, Leihitu West District, and Salahutu District at the Central Maluku Regency in its regulation on pre-independence regime retained the original autonomy of the Negeri, but in the post-regime of the Negeri experienced various shifts State intervention is very dominant. Second, the State Regulation on Act Number 6 of 2014 must go through the process of inventory and classification of the existence of the State and determined by the Regional Regulation. Third, the position of the State in the Indonesian state administration system is Adat Law which has the right of autonomy to exercise power as a local self-governing community and local self governing.

Ground of mechanism of pay in a budget for the pipelinetransporting of hydrocarbon commodities

2019 ◽  
pp. 141-152
Author(s):  
Adam Bodіuk
Keyword(s):  
The State ◽  
Practical Significance ◽  
State Budget ◽  
Economic Interests ◽  
State Recognition ◽  
Main Pipelines ◽  
Business Entities ◽  
Combination Of Methods ◽  
Definition Of ◽  
Hydrocarbon Transport

The subject of the study is the mechanism for determining the fiscal fee forthe main transportation of hydrocarbon goods as a resource concept. The purposeof this article is to justify the nature and prospects of using, instead of currentrent, hydrocarbon fiscal-main income as a fiscal payment, which is brought intothe state budget by operators of the main hydrocarbon-transport system as business entities for their transportation of hydrocarbons and products of their processing through main pipelines appropriate to the economic requirements. Theresearch methodology is determined by a combination of methods: a) cognition:legal analysis (study of the regulatory framework for the use of rent); b) justification: abstract logical analysis (definition of the concepts of hydrocarbon fiscalmain income); c) generalization (substantiation of conclusions and proposals).Results of work. In the process of analyzing the regulatory legal acts that regulate the use of current annuity as payment to the budget for the main transportation of hydrocarbons, it was established that it is not a tax in the interpretationof PKU, since the essence does not meet the official definition of tax, does notmeet the accepted definition of the concept of rent. The accepted nature andmechanism of paying rent for the transportation of hydrogen resources and associated revenues of the state and users of the main hydrogen transport systemand the unpromising nature of its use as a fiscal payment are analyzed. Conclusions.It is proposed that the state pay for the territorial pumping of hydrocarbon resources according to our triple principle as hydrocarbon fiscal-main income, whichcorresponds to its essence, and accordingly change the mechanism for calculatingand depositing funds to treasury accounts. Since the funds come to the revenueside of the state budget, that is, inherently belong to state revenue. The creationof such a mechanism needs certain studies, justifications and government decisions. The same applies to land use, since the quality indicators of soils, wherethe laid pipelines are territorially different. In addition, there is a process ofchanging land for its intended purpose, for the property. The fee for movinghydrocarbon resources should be calculated depending on the type of transport,including pipelines, for a set of indicators: quantity and quality of goods, time,main tariffs and distance of its movement. The amount may be adjusted usingfactors officially established by the CMU. Since the pipelines are located in territorial lands, part of this fee should be transferred to the territorial local budgets.Theoretically, the economic use of trunk pipelines should be considered as a typeof economic environmental management. Therefore, this type of government revenue should be determined by a set of indicators, as well as taking into account the economic interests of business entities authorized by the CMU. Thus, theimplementation of our proposed fiscal payment is relevant, has scientific noveltyand promising practical significance, therefore, for state recognition it is proposedto include it in the Tax Code of Ukraine.

A PROPOSED EVALUATION PLAN TO ASSESS THE IMPACT OF A YOUTH DEVELOPMENT PROGRAMME FACILITATED BY THE STATE INFORMATION TECHNOLOGY AGENCY (SITA) IN RURAL SOUTH AFRICA

2017 ◽  
Vol 14 (1) ◽  
pp. 174-181
Author(s):  
Maura Mbunyuza-deHeer Menlah
Keyword(s):  
Information Technology ◽  
Youth Development ◽  
Rural Areas ◽  
Secondary Data ◽  
The State ◽  
State Information ◽  
Evaluation Plan ◽  
Lessons Learnt ◽  
Slow Development ◽  
The Impact

This article reports on a proposed evaluation plan that has been developed to assess the work done by the State Information Technology Agency (SITA). The SITA programme was implemented in response to the South African government’s call to improve the lives of the populations in some rural areas through technology. The programme was meant to address slow development in  rural  areas  that  lack  technological  innovations  and  advances.  In  the proposed evaluation plan a review is made of secondary data, deciding how strategic priorities are to be determined, as well as analysis of the rural context environment. The researcher gives an account of how the evaluation strategies are to be piloted and rolled out thereafter. Lessons learnt are recorded and reported upon. A proposed evaluation plan will be developed, based on the lessons learnt in line with the objectives of the project.

Notary’s Responsibility in Making of Deed Due to Land Acquisition Containing Criminal Corruption

2020 ◽  
Vol 5 (1) ◽  
pp. 22
Author(s):  
Yogi Maron ◽  
Ismansyah Ismansyah ◽  
Azmi Fendri
Keyword(s):  
Legal Theory ◽  
Secondary Data ◽  
Land Rights ◽  
The State ◽  
Land Acquisition ◽  
District Court ◽  
Primary Data ◽  
Prison Sentence ◽  
Ethics Code

<p align="center"> </p><p><em>As happened to the Notary Eli SatriaPilo, S.H, Mkn, who was appointed as the Notary who made the Deed of Relinquishment of Land Rights in the Land Acquisition activities for the Construction of Campus III of the State Islamic Institute (IAIN) of Padang which was located in Sungai Bangek District, Padang</em><em> </em><em>in 2010. The method used was descriptive, in which describing the applicable legislation associated with legal theory in the facts and realities about the Notary’s Responsibility in Making Deed of Land Acquisition for the construction of Campus III of IAIN Padang in Sungai</em><em> </em><em>Bangek. This study used a Normative Juridical approach, in which researching by using and processing secondary data or literature related to the</em><em> </em><em>study. The data collected were in the form of primary data obtained from the District Court of Padang, secondary data obtained from secondary legal materials and primary legal materials. Based on the study, it was found that the role of Notary Eli</em><em> </em><em>Satria</em><em> </em><em>Pilo, in the land acquisition of campus III IAIN was proven to have misused the authority resulting in violation of the Notary Ethics Code and was responsible for accepting termination disrespectfully. Furthermore, he was also shown to be committing a Criminal Corruption made based on the Deed of Relinquishment of Land Rights in the land acquisition for the construction of Campus III of IAIN Padang, so that the State incurred losses of Rp. 1</em><em>.</em><em>946</em><em>.</em><em>701</em><em>.</em><em>050 (one billion nine hundred forty-six million seven hundred one thousand and fifty rupiahs). And he was responsible for receiving and carrying out the sentence that had been handed down by the District Court of Padang, a prison sentence of 4 (four) years, and paying a fine of Rp. 200</em><em>.</em><em>000</em><em>.</em><em>000 (two hundred million rupiahs)</em><em>.</em></p><p> </p>

IMPROVING MECHANISMS OF COOPERATION BETWEEN THE STATE BORDER SERVICE OF UKRAINE, PUBLIC ORGANISATIONS AND POPULATION

2018 ◽  
Vol 1 (11) ◽  
pp. 91-101
Author(s):  
Iakiv Serhiiovych Halaniuk
Keyword(s):  
Political Stability ◽  
Subject Area ◽  
The State ◽  
Military Force ◽  
Border Area ◽  
Public Control ◽  
The Public ◽  
Mechanism Model ◽  
Public Organisations ◽  
The Military

The article highlights the author’s approach to improving coopera- tion mechanisms of the State Border Service of Ukraine with public organiza- tions and population. There has been analyzed public control as a means their cooperation and priorities of improving the cooperation, particularly, forms and methods of organizing citizens’ feedback, introduction of the assessment pro- cedure of the efficiency of the SBSU and population and public organization. There have been stated conceptual pillars of the public control development in the SBSU, developed by the author, including public control forms and resource provision. There has been considered a mechanism algorithm of the public par- ticipation in the development of the border administration through submitting petitions or proposals concerning a legally enforceable enactment draft (or the legally enforceable enactment currently in force). There has been represented a mechanism model of discussing legally enforceable enactments and public peti- tions, developed by the author. It is noted that one of the mechanisms of interac- tion of the SBSU with the public is effective public control, which becomes an in- tegral part of ensuring national security and political stability. The conditions of permanence of Ukraine's threats in the border area, and in certain areas and their exacerbation, along with further reforms of the institutes of Ukrainian statehood, cause the problem of establishing and implementing public control in the border area as an important and urgent one.It is proved that public control is intended to determine the correctness of the military-force policy in the border area, the validity of the scale and optimality of the forms of activity of the border guards. In accordance with all this, in the subject area of public control should be: political decisions on issues of border security, including international agreements; the expediency and validity of government programs for the provision and reform of the border authorities of Ukraine, assess- ment of the effectiveness of these programs and the procedure for making changes to them.

Conclusion

2017 ◽  
Author(s):  
Clare Chambers
Keyword(s):  
Alternative Model ◽  
The State ◽  
Personal Relationships ◽  
Free State ◽  
State Recognition ◽  
Ways Of Life

The conclusion recaps the arguments of Against Marriage: An Egalitarian Defence of the Marriage-Free State. The book presents a critique of state-recognized marriage and an alternative model for regulating personal relationships. The main critique of marriage is that it is inegalitarian. Feminists have long criticized the gendered nature of marriage. Even reformed marriage creates unjustified inequalities between married and unmarried people and their children. State recognition of marriage also involves the state in making controversial judgements about ways of life, undermining liberty. In place of state-recognized marriage, the marriage-free state would regulate relationship practices in a piecemeal fashion and without requiring a special status.

Spatiotemporal clustering, social inequities and the risk of leptospirosis in an endemic area of Brazil: a retrospective spatial modelling

2020 ◽  
Author(s):  
Katyucia O C de Souza ◽  
José Augusto P Góes ◽  
Matheus S Melo ◽  
Paula M G Leite ◽  
Lucas A Andrade ◽  
...  
Keyword(s):  
Urban Areas ◽  
Spatial Regression ◽  
Temporal Trends ◽  
Spatial Dynamics ◽  
Secondary Data ◽  
The State ◽  
Scan Statistics ◽  
Northeastern Brazil ◽  
Metropolitan Region ◽  
Social Inequities

Abstract Background Leptospirosis is an endemic disease in Brazil of social and economic relevance related to behavioural and socioenvironmental factors. This study aimed to analyse the spatiotemporal distribution of the incidence of leptospirosis and its association with social determinants in health in a state of northeastern Brazil. Methods An ecological study of temporal series with techniques of spatial analysis using secondary data of the cases of leptospirosis notified in the Information System of Notifiable Diseases of the state of Sergipe (2008–2017) was conducted. The analysis of temporal trends was performed using Poisson regression. Spatial analyses were performed using the Moran index, the local empirical Bayesian model, scan statistics and spatial regression. Results The incidence rate decreased from 3.66 to 1.44 cases per 100 000 inhabitants in 2008 and 2017, respectively. Leptospirosis was associated with social inequities, mostly affecting males aged 20–49 y living in urban areas. The space-time scan indicated the formation of a risk cluster in municipalities in the metropolitan region of the state. Conclusions The data indicated the persistence of leptospirosis transmission, maintaining a pattern of high endemicity in some municipalities associated with social inequities. The study showed the temporal and spatial dynamics of the disease to better target specific actions for prevention and control.

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