scholarly journals Penguatan Masyarakat Hukum Adat dalam Undang-Undang Nomor 6 Tahun 2014 Tentang Desa dari Perspektif Kajian Yuridis

2018 ◽  
Vol 2 (3) ◽  
pp. 74-104
Author(s):  
Mulyanto
Keyword(s):  
Indigenous People ◽  
Local Governments ◽  
Legal Status ◽  
Secondary Data ◽  
Customary Law ◽  
Political Will ◽  
Legal Subject ◽  
Analysis Techniques ◽  
Object Of Study ◽  
The Village

Tujuan dari penelitian ini untuk mendeskripsikan penguatan masyarakat hukum adat dalam Undang-Undang Nomor 6 Tahun 2014 tentang Desa. Metode penelitian yang digunakan adalah metode hukum normatif yang bersifat deskriptif. Penelitian ini menempatkan sistem norma dalam Undang-Undang Nomor 6 Tahun 2014 tentang Desa sebagai objek kajian. Penelitian ini menggunakan data sekunder yang terdiri dar bahan hukum primer dan bahan hukum sekunder. Teknik analisis data secara kualitatif dengan menggunakan theoritical interpretatif dengan menafsirkan data yang dikumpulkan berdasarkan teori sebagai kerangka berpikir. Hasil penelitian menunjukkan bahwa pengakuan masyarakat hukum adat telah dijamin dalam Konstitusi baik itu UUD 1945 Pra Amendemen maupun UUD 1945 Pasca Amendemen. Penguatan Masyarakat Hukum Adat dalam UU No. 6 Tahun 2014 tentang Desa dengan menganut asas rekognisi yang merupakan asas pengakuan dan penghormatan negara terhadap kesatuan masyarakat hukum adat berupa otonomi komunitas. Implikasinya terjadi peningkatan status hukum dari kesatuan masyarakat hukum adat menjadi desa adat dengan status sebagai subjek hukum. Kebijakan penguatan masyarakat hukum adat tersebut secara formil masih membutuhkan political will pemerintah daerah dan inisasi Masyarakat Hukum Adat untuk mengikuti prosedur menjadi Desa Adat. The objective of research to describe the understanding of indigenous people in Act No. 6 of 2014 concerning the village. The method used is the method descriptive normative law. This study puts the system of norms in Act No. 6 of 2014 on the village as an object of study. This study uses secondary data consisting dar primary legal materials and secondary law. Qualitative data analysis techniques using interpretative theoritical to interpret the data collected under the theory as a framework. The results showed that the recognition of indigenous people has been guaranteed in the Constitution is the Constitution of 1945 Before the Amendment and the Constitution of 1945 After the changes. Strengthening indigenous people in uUndang Act No. 6 of 2014 with the principles of recognition which is a principle of recognition and respect for the state of the law community unit in the form of community autonomy. The implication an increase in the legal status of customary law community unit into a traditional village with its status as a legal subject. Strengthening public policy formally customary law still requires the political will of local governments and the initiation indigenous people to follow the procedure becomes a traditional village.

scholarly journals Akuntabilitas Penatausahaan, Pelaporan Dan Pertanggungjawaban Dana Desa

2019 ◽  
Vol 1 (2) ◽  
pp. 523-542
Author(s):  
Sri Ayu Saputri ◽  
Nurzi Sebrina ◽  
Vita Fitria Sari
Keyword(s):  
Descriptive Analysis ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
The Public ◽  
Analysis Techniques ◽  
West Sumatra ◽  
Qualitative Descriptive ◽  
Village Government ◽  
The Village

This study aims to determine how Administration, Reporting and Accountability of Dana Nagari in Batang Anai District, Padang Pariaman Regency, West Sumatra Province. There are three (3) aspects in village funds, administration, reporting and accountability. To achieve these objectives, descriptive qualitative research methods are used. Data sources are primary data and secondary data. Data collection techniques are carried out by observation, interviews, and documentation using qualitative descriptive analysis techniques. The results of the study show: (1) Administration carried out by the treasurer in the form of receipts and expenditures which are recorded in the general cash book, bank book, income details book, and financing details book which is equipped with receipts. (2) Reporting that the delay in disbursing village funds was due to the late regulation of the Regulations of the Regent of Padang Pariaman which caused the disbursement of stage I and phase II village funds to be delayed too late. (3) Accountability Submission of accountability reports to the public through various media, such as websites and billboards. Submission through this media can make it easier for the public to obtain information about the performance of the village government.

scholarly journals Government Responsibility in The Management of Natural Resources for The Protection of Economic, Social, and Cultural Rights in The Balaesang Region

2020 ◽  
Vol 1 (1) ◽  
pp. 146-173
Author(s):  
Jeane Neltje Saly ◽  
Journal Manager APHA
Keyword(s):  
Resource Management ◽  
Natural Resources ◽  
Natural Resource Management ◽  
Natural Resource ◽  
Local Governments ◽  
Secondary Data ◽  
Customary Law ◽  
Government Responsibility ◽  
Healthy Environment ◽  
The Government

There are two aims of this paper: first to analyze the responsibility of the government in the commitment to protect the rights of indigenous and tribal peoples in natural resource management activities; secondly, to analyze the implementation of government responsibilities in mining management in relation to the rights of indigenous and tribal peoples in enjoying their rights in the ecosystem, such as the environment. The method used in the research is empirical normative method, namely research that emphasizes the secondary data that is by studying and reviewing the principles of law and positive law principles derived from the existing literature materials in legislation and the provisions especially in relation to the exclusion of indigenous people's rights in the obligation of the state to create a healthy environment for the management of natural resources as a manifestation of human rights protection, and supplemented by empirical data in the form of interviews with related parties in Balaesang Tanjung Donggala District. The results show that natural resource management activities, linked to indigenous and tribal peoples' rights in environmental protection are regulated in various laws, both nationally and internationally. Implementation of government responsibility in mining management is related to the right of customary law community in enjoying the environment has not been optimally done. From the case of Balaesang Tanjung Donggala, it is envisaged that local governments ignore the rights of indigenous and tribal peoples in enjoying a healthy environment.

scholarly journals HAKIKAT SANKSI ADAT SANGASKARA DANDA TERHADAP PELANGGARAN ADAT GAMIA GAMANA

2015 ◽  
Vol 4 (2) ◽  
Author(s):  
Ida Bagus Sudarma Putra
Keyword(s):  
Indigenous People ◽  
Qualitative Data ◽  
Secondary Data ◽  
Critical Discussion ◽  
Primary Data ◽  
Community Life ◽  
Complete Problem ◽  
Research Questions ◽  
Close Relatives ◽  
The Village

Community life in Bali is inseparable from the customs inherent in the life of society itself. Religion and culture become a crucial factor to implement the order of indigenous people. Social change has an impact on the life of indigenous people.  Many custom cases that occur, one of them is having sexual relation / marriage with close relatives called Gamia Gamana. Sanctions toward this custom offense generally carry out by cleaning up the village or prayascita village. The purpose of this ceremony is to restore the sanctity and balance of the village; therefore, it becomes pure again. This sanction is given as a fine to the person who does custom offense called Sangaskara Danda. The research questions of this study can be formulated as follows; how is the nature of Sangaskara Danda? And how is the implementation of Sangaskara Danda sanction toward customs offenses Gamia Gamana? The method used in this study was an empirical law derived from primary data and secondary data. The nature of this study was descriptive, with qualitative data analysis. Overall results of these analyses were presented in the description which described the complete problem under study along with a critical discussion. The nature of custom sanction Sangaskara Danda can be seen from the form of sanction, the purpose of the sanction, and the implementation of the sanction. The sanction Sangaskara Danda is in the form of Prayascita Sangaskara Danda and Matirta Gamana (for Hindu Priest). The purpose of this sanction is restoring the cosmic balance (sekala-niskala); moreover, cleansing and purifying themselves, their family and village environment. The implementation of these sanctions is done by imposing the perpetrator of custom offenses either in material or immaterial.  Similarly, in implementing sanction Sangaskara Danda toward custom offenses Gamia Gamana is to continue to implement Sangaskara Danda in the form of Prayascita Desa and impose other sanction such as not allowed joining as the member of the village, pay fines, bathed in the sea or even “diaben” (symbolically).

scholarly journals Reorientation of Approaches in Indonesian Customary Law Studies

2020 ◽  
Vol 1 (1) ◽  
pp. 1-33
Author(s):  
M. Syamsudin ◽  
Journal Manager APHA
Keyword(s):  
Secondary Data ◽  
Academic Community ◽  
Customary Law ◽  
Study Approach ◽  
Legal Studies ◽  
Left Behind ◽  
Study And Teaching ◽  
Western Law ◽  
Object Of Study ◽  
Adat Law

This paper is intended to describe some approaches in studying the Indonesian Adat Law. From the exposure is expected to provide various perspectives in studying the sides of Indonesian Adat Law that is used as the object of study of legal scholars today. The current issue of Indonesian Adat Law studies shows a very distressing and lagging state when compared to other legal studies such as Western Law. This situation indicates how Indonesian Adat Law will be left behind and will likely be alienated from the academic community in the future. The problem is allegedly caused by among others the lack and freezing of existing materials and the absence of unity of theme and orientation of study. This paper is intended as an effort to respond to the situation, namely the effort to provide direction and contribution of thought and further development of the study and teaching of customary law which is still ongoing in the faculties of law in general. This study is considered a study of doctrinal law with reference to secondary data. Secondary data collected were processed in a non-statistic, analyzed descriptively-qualitative, and presented narratively based on the topic of the problem studied. The results of this study indicate the need for the Indonesian Adat Law study approach within the framework of Indonesian national jurisprudence. The object of study of this approach is the idea of Adat Law that was born and started since the Indonesian Youth Congress in 1928, which in its development has spawned Pancasila and the 1945 Constitution as the basis and constitution of the independent Indonesian state. In this development Adat Law is essentially an escalation of the values and principles of local adat law into the values and principles of law that serve as the basis of the framework of Indonesian National Law. Therefore, it is necessary to approach Indonesian national jurisprudence in studying Adat Law.

scholarly journals PERSEPSI MASYARAKAT TERHADAP ADANYA SANGSI ADAT ( Studi Kasus di Desa Pinang Merah Kecamatan Pamenang Barat Kabupaten Merangin Provinsi Jambi )

Jendela PLS ◽  
2021 ◽  
Vol 6 (2) ◽  
pp. 102-108
Author(s):  
Uying Hapid Alatas ◽  
Sri Utami
Keyword(s):  
Data Analysis ◽  
Customary Law ◽  
Parental Supervision ◽  
Analysis Techniques ◽  
Study Approach ◽  
Data Credibility ◽  
Community Sanctions ◽  
The Village ◽  
Legal Consequences

Customary law is a rule of human behavior in everyday life, always respected and respected because it has legal consequences or sanctions for violations that have been committed. However, the facts in the field show that many customary violations occur every year. The most common violation is kawin lari. The purpose of this research is to find out why the kawin lari customary violation is increasing in Pinang Merah Village and to find out whether the implementation of customary sanctions for kawin lari is in accordance with the customary rules that apply in Pinang Merah Village and to find out how the community's perception of the traditional kawin lari sanction in Pinang Village. Red. This research uses a case study approach with descriptive qualitative research methods. The collection technique uses observation, interview and documentation. The informants in this study amounted to 5 (five) people with the informant selection technique using purposive sampling. Data analysis techniques in this study were data reduction, data presentation and conclusions. Techniques for ensuring the validity of data Credibility, Transferability, Dependability and Comfirmability. Based on the results of data analysis, it was found that the increase in violations of the kawin lari custom was due to the lack of parental supervision and guidance towards children. Children are not well controlled, which results in children engaging in promiscuity. Elopement is one of the consequences of promiscuity. For the implementation of customary sanctions, it was found that the implementation of the traditional kawin lari sanction in Pinang Merah Village has not been implemented properly. Because there are still many violations of the kawin lari custom. Meanwhile, the community's perception of the kawin lari customary sanction is that it is a rule that must be obeyed by the community. sanctions are a hereditary inheritance from their ancient ancestors and are still used today. However, in reality, the customary sanction of kawin lari has not been implemented properly because there is still selective cutting or favoritism between the community. The suggestion in this research is that the community should obey the village customary rules that apply in Pinang Merah Village by paying customary sanctions given by the customary institution as a sign of having done something wrong. Customary institutions in order to provide understanding to the community to follow the customary rules of Pianang Merah Village, in order to reduce violations of customary sanctions.

scholarly journals Penetapan Wilayah Adat dan Masyarakat Hukum Adat Desa Penyengat Kecamatan Sungai Apit Kabupaten Siak

2020 ◽  
Vol 19 (2) ◽  
pp. 12-28
Author(s):  
Wahyu Damon Prakoso
Keyword(s):  
Data Collection ◽  
Literature Review ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Secondary Data ◽  
Customary Law ◽  
Primary Data ◽  
Data Source ◽  
Customary Land

The problem that occurs is how the indigenous people of swamps interpret the lack of management territory, the loss of livelihood resources and organize themselves to seize opportunities for management rights. The problem of customary land and indigenous peoples above, the researchers felt the need to study more deeply on the Determination of Indigenous Areas and Customary Law Communities in Penyengat Village, Sungai Apit Subdistrict, Siak Regency, Based on the Minister of Home Affairs Regulation No. 52 of 2014 concerning Guidelines for the Recognition and Protection of Indigenous Peoples. This type of research is sociological, so the data source used is primary data from interviews, secondary data from libraries and tertiary data from dictionaries, media, and encyclopedias. Data collection techniques are done by observation, interviews, and literature review.

scholarly journals Desain Sistem Tata Kelola Dana Desa Berbasis Cloud Server

2019 ◽  
Author(s):  
Cosmas Eko Suharyanto
Keyword(s):  
Local Governments ◽  
Research Method ◽  
Innovation System ◽  
Secondary Data ◽  
The Internet ◽  
Processing Data ◽  
Cloud Server ◽  
Technology Applications ◽  
Fund Governance ◽  
The Village

This study aims to create a display of innovation systems in managing village funds by preparing vcloud computing-based innovations to manage all data generated so that local governments can help oversee the absorption of village budget funds in realtime and transparency. In this study researchers used qualitative methods because in this study focused on researching objects directly. This research is done by researching directly on innovation system of Batam City area. The research method by interview and observation from secondary data taken from the realization of village fund budget that has been running so as to produce data that can be controlled through cloud server based application. Stages performed in this design using desktop-based Visual studio applications which will be controlled via Client & Server as a controller for processing and processing data. And for the database using postgresSQL database where later technology applications are made will be integrated via the Internet network. The results of this study is to provide a description of desktop system design as a reference to manage the village funds are transparent with the help of cloud server technology so that the data processed and processed can be monitored using the internet. It can also help the urban government to innovate village-based village fund governance governance so that funds that have been prepared and distributed can be controlled quickly, effectively and targeted through technology applications.

scholarly journals SEJARAH HUKUM KEDUDUKAN PEREMPUAN DALAM PERKAWINAN MENURUT HUKUM ADAT BALI ( KAITANNYA DENGAN PERKAWINAN NYENTANA BEDA WANGSA)

2016 ◽  
Vol 5 (2) ◽  
pp. 301
Author(s):  
Ni Nengah Budawati
Keyword(s):  
Indigenous People ◽  
Social Life ◽  
Secondary Data ◽  
Legal Culture ◽  
Customary Law ◽  
Behavioral Approach ◽  
Primary Data ◽  
Legal Research ◽  
Legal Perspective ◽  
Data Source

This study aimed to know and understand about the legal culture of community on the phenomenon of different caste nyentana marriage. This research was empirical legal research legal research with behavioral approaches. The data source consisted of primary data sourced directly at the site of research and secondary data that included legislation, traditional laws, law books, magazines, dictionaries and newspapers. This study used qualitative data analysis which then produced descriptive data.Based on the national legal perspective, there are no differences in the position of husband and wife in different caste nyentana marriage. But in Balinese customary law, it resulted in the wife having a position that is more important than the husband in the family. As in the context of social life, especially in the capacity as krama in the sub-village, then the husband remains responsible for his obligations as krama muani while the wife still serves as krama luh. Related to the legal culture of indigenous people in Tabanan over different caste nyentana marriage, the fact that people are still of the view that marriage is an inter-caste marriage. Thus the legal culture of indigenous people in Tabanan tends to be static. This is motivated by many factors, one of which is either ignorance factor of traditional leaders or traditional krama of Decree of the Parliament No. 11 of 1951 which expressly has abolished inter-caste marriages that often lead to discrimination. Penelitian ini bertujuan untuk mengetahui dan memahami tentang budaya hukum masyarakat terhadap fenomena hukum perkawinan nyentana beda wangsa. Penelitian ini ialah penelitian hukum penelitian hukum empiris dengan pendekatan pendekatan prilaku (behavioral approach). Data primer bersumber langsung dari lokasi penelitian, sedangkan data sekunder berupa peraturan perundang-undangan, awig-awig­, literature hukum, majalah, kamus dan surat kabar. Pada penelitian ini data dianalisis secara kualitatif yang kemudian menghasilkan data deskriptif. Berdasarkan perspektif hukum secara nasional, tidak terdapat perbedaan kedudukan suami-isteri dalam perkawinan nyentana beda wangsa. Namun dalam Hukum adat Bali, justru mengakibatkan istri memiliki kedudukan yang lebih penting dibanding suami di dalam keluarga. Adapun dalam konteks kehidupan bermasyarakat, khususnya dalam kapasitas sebagai krama di banjar, maka si suami tetap bertanggung jawab pada kewajibannya sebagai krama muani sedangkan si istri tetap berkedudukan sebagai krama luh. Terkait dengan budaya hukum masyarakat hukum adat di Tabanan terhadap perkawinan nyentana beda wangsa, faktanya masyarakat tetap berpandangan bahwa perkawinan tersebut merupakan perkawinan antar kasta. Dengan demikian budaya hukum masyarakat hukum adat di Tabanan cenderung bersifat statis. Hal ini dilatarbelakangi oleh banyak faktor, salah satu diantaranya ialah faktor ketidaktahuan baik dari pemuka adat maupun krama adat tentang Keputusan DPRD  No. 11 Tahun 1951 yang secara tegas telah menghapus perkawinan antar kasta yang kerap menimbulkan diskriminasi.

scholarly journals The Developments of Customary Marine Rights A Case Study in Kei Islands, Southeast Maluku Regency

2016 ◽  
Vol 2 (2) ◽  
Author(s):  
Sri Ayu Aniningsih
Keyword(s):  
Secondary Data ◽  
Institutional Structure ◽  
Customary Law ◽  
Primary Data ◽  
Political Factors ◽  
Legal Subject ◽  
Study Results ◽  
Kei Islands ◽  
Legal Subjects

This study is aimed to describe the developments  and  design a concept of recognition of customary marine rights in future in Kei  Islands. The method of this study is juridical empirical and the specification of it is descriptive analytical. The data consists of primary data and secondary data. It is analyzed by qualitative method. This study results that  the developments of customary marine rights include only in norms as a translation of customary law  principles. The developments of it occur in legal subject and legal object of customary marine rights, traditional institutional structure and the customary law of Kei people. There are many factors that influence the developments of customary marine rights such as economic, social, cultural, and political factors. The principles of customary marine rights in Kei Islands  are : (a). basically the using customary  marine rights just for Kei people, but foreigners can use them too if  knowledge of head of village; (b). communal;  (c). religious-magical;  (d). the highest authority in the head of village; (e).basically the using of customary marine rights only to fulfill the needs of daily living; (f). the using of rights that must be based on customary law. The concept of recognition for customary marine rights in Kei Islands in the future includes the existence legal subjects, legal objects, customary law and the functioning of the traditional institutional structure.

scholarly journals Indigenous People Between Recognition and Disclaimer of Legal Pluralism Perspective

2021 ◽  
Vol 8 (9) ◽  
pp. 352
Author(s):  
Ni Ketut Sari Adnyani ◽  
Gede Marhaendra Wija Atmaja ◽  
I Ketut Sudantra
Keyword(s):  
Indigenous People ◽  
Local Governments ◽  
Research Method ◽  
Tourism Development ◽  
Legal Pluralism ◽  
The State ◽  
Analysis Techniques

This article aims to examine the ethical and unethical perspectives behind the recognition and abandonment of indigenous people by the state, the influence of morality and legal awareness on indigenous people of the dichotomy between recognition and neglect in tourism development. Normative research method with a statutory approach. Supported by primary and secondary legal materials as well as legal hermeneutic analysis techniques. The results of the study show that neglect of indigenous people is considered unethical because it can lead to injustice, on the contrary it is ethical if the recognition of indigenous people is accommodated in the substance of the Regional Regulation. Legal morality can fortify everyone to do good, including local governments and indigenous people. Subjective legal awareness has implications for neglect, so it is necessary to build objective legal awareness that provides space for recognition of indigenous people in reorganizing the regulation of Article 26 paragraph (2) of the Bali Provincial Regulation No. 2 of 2012 which is ambiguous by incorporating the substance of the obligations of indigenous people and local governments in managing tourist area with local regulations based on semi-autonomous legal pluralism.

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