scholarly journals Ulayat Right of Customary Law Community

2017 ◽  
Vol 1 (2) ◽  
pp. 131
Author(s):  
Adonia Ivonne Laturette
Keyword(s):  
Customary Law ◽  
National Interests ◽  
State Regulations ◽  
Agrarian Law ◽  
The Government ◽  
The Times

Ulayat right is a right that is given a magical aspect as a threatening force and can sanction as a basis of legitimacy of control over a territory or a plot of land called ulayat land. Ulayat Land is a plot of land that belongs to a group of people in a region. Although the customary law community has full customary authority to control, cultivate and utilize its ulayat land, but its formal juridical authority is not as strong as that of the State. The position of indigenous and tribal peoples is ultimately acknowledged conditional through various state regulations issued by the Government as in the Basic Agrarian Law Number 5 of 1960 Article 3. The conditional recognition that indigenous and tribal peoples can be recognized throughout 1) in reality Still exist, 2) in harmony with the times, 3) in accordance with national interests, 4) confirmed by local regulations. Such conditional recognition directly or has strengthened the State's domination of the rights possessed by society, it means that indigenous and tribal peoples will always be defeated when faced with state to defend their rights. The consequences of such an imbalance will clearly affect the role of indigenous and tribal peoples in the management and utilization of their ulayat land.

scholarly journals Ulayat Right of Customary Law Community

2017 ◽  
Vol 1 (2) ◽  
pp. 131
Author(s):  
Adonia Ivonne Laturette
Keyword(s):  
Customary Law ◽  
National Interests ◽  
State Regulations ◽  
Agrarian Law ◽  
The Government ◽  
The Times

Ulayat right is a right that is given a magical aspect as a threatening force and can sanction as a basis of legitimacy of control over a territory or a plot of land called ulayat land. Ulayat Land is a plot of land that belongs to a group of people in a region. Although the customary law community has full customary authority to control, cultivate and utilize its ulayat land, but its formal juridical authority is not as strong as that of the State. The position of indigenous and tribal peoples is ultimately acknowledged conditional through various state regulations issued by the Government as in the Basic Agrarian Law Number 5 of 1960 Article 3. The conditional recognition that indigenous and tribal peoples can be recognized throughout 1) in reality Still exist, 2) in harmony with the times, 3) in accordance with national interests, 4) confirmed by local regulations. Such conditional recognition directly or has strengthened the State's domination of the rights possessed by society, it means that indigenous and tribal peoples will always be defeated when faced with state to defend their rights. The consequences of such an imbalance will clearly affect the role of indigenous and tribal peoples in the management and utilization of their ulayat land.

scholarly journals PERAN PANGLIMA LAOT DALAM MEWUJUDKAN KEBERLANJUTAN WISATA BAHARI DI PROVINSI ACEH

ASKETIK ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 221-223
Author(s):  
Taufik Taufik ◽  
Lailatussaadah Lailatussaadah
Keyword(s):  
Customary Law ◽  
Nature Tourism ◽  
Human Resource Capacity ◽  
Marine Tourism ◽  
Traditional Institution ◽  
Need Support ◽  
Aceh Province ◽  
The Government ◽  
Pilgrimage Tourism

AbstractTourism has become one of the sectors contributing to the country's economic growth. In order for tourism to be sustainable, community participation is needed in its management,  one of them is the role of customary institutions. This qualitative study aims to categorizing the types of tourism in Aceh and analyze the roles and obstacles of "Panglima Laot"as a Traditional institution that has the authority regulate maritime affairs in local wisdom in Aceh Province. Data collection techniques such as interviews and documentation studies, in the form of collecting and analyzing from several relevant reports, data, articles and journals. The results showed that tourism in Aceh Province can be categorized as seven types, namely: religious tourism, indigenous and cultural tourism, historical tourism, nature tourism, marine tourism, pilgrimage tourism and culinary tourism. The role of “Panglima Laot” is very important in the sustainability of marine tourism in Aceh Province. Because this institution is a recognized and respected existence by the fishing community to regulate and implement marine customary law and other maritime affairs.  However, in carrying out their duties there are various obstacles, including the development of human resource capacity, budget and regional boundaries. Therefore we need support from the government for the strengthening of the “Panglima Laot”  Institution in managing marine tourism and maintaining the survival of marine ecosystems in Aceh Province. Keywords: Panglima Laot, customary institutions, Marine Tourism

scholarly journals Peran Negara dalam Ekspansi PT Wijaya Karya Tbk ke Afrika: Tinjauan Kapitalisme Negara

2020 ◽  
Vol 5 (1) ◽  
pp. 113
Author(s):  
Anggi Mariatulkubtia Lubis
Keyword(s):  
Global Economy ◽  
State Intervention ◽  
Infrastructure Development ◽  
National Interests ◽  
State Capitalism ◽  
Construction Firm ◽  
Centralized Planning ◽  
The Government ◽  
Role Of The Government

In the past few years, publicly-listed construction firm PT Wijaya Karya Tbk. (WIKA) has been actively expanding to the African market amidst the high needs of domestic infrastructure development. At the same time, studies on rising state intervention in the global economy are gaining attention from IPE scholars. Based on these factors, this paper examines the role of the government in WIKA’s expansion to Africa from the perspective of state capitalism. By examining the role of President Joko Widodo's regime through (1) centralized planning; (2) economic diplomacy; and (3) capital assistance, this paper argues that WIKA's expansion is aimed not only at generating profits, but is also influenced by political factors to meet national interests. As a state-owned enterprise (SOE), WIKA is positioned as the national champion in the infrastructure sector, which is deemed as a strategic industry for President Widodo’s regime. This paper is expected to fill the void of political economy research on the expansion of national SOEs abroad.   Keywords: SOEs, state role, state capitalism, overseas expansion, WIKA.

scholarly journals Early Child Marriage: Customary Law, Support System, and Unwed Pregnancy in Gorontalo

2021 ◽  
Vol 5 (2) ◽  
pp. 780
Author(s):  
Sastro Mustapa Wantu ◽  
Irwan Abdullah ◽  
Yowan Tamu ◽  
Intan Permata Sari
Keyword(s):  
Support System ◽  
Married Couples ◽  
Customary Law ◽  
Religious Leaders ◽  
Life Choices ◽  
State Laws ◽  
Unwed Pregnancy ◽  
The Government ◽  
High Level

The rate of underage marriage in Gorontalo is very high, even though religion, customs and state laws prohibit it. The results of the direct interviews conducted and the observations made indicate that poverty, low levels of education and matchmaking myths may have caused this increase. Furthermore, the increasingly high level of promiscuity and weakened socio-cultural ties have led to an increase in the number of extramarital pregnancies, and forced marriage is unavoidable to maintain the dignity of the community. It was discovered that most married couples do not wed legally until they have problems in their marriage and seek a divorce. Moreover, women must also be responsible for their life choices because this paper shows that poor service practices have caused underage women to be objectified by physical, social and symbolic violence. The unavailability of a support system from the government and society makes a partner rely on the kindness of his or her parents. Therefore, it was suggested that government intervention, in the form of prevention and support systems for underage married women, must be integrated with the role of the community and religious leaders.

scholarly journals The role of political opposition: A pre-requisite for democracy

2021 ◽  
Vol 2 (1) ◽  
pp. 63-71
Author(s):  
Arif Khan ◽  
Saiful Islam ◽  
Muhammad Alam
Keyword(s):  
Party System ◽  
Party Systems ◽  
Parliamentary Democracy ◽  
Democratic System ◽  
The Government ◽  
Incumbent Party ◽  
The Times ◽  
Set Up ◽  
Do So

No doubt for a democracy to be triumphant, multi-party system or, at least two party systems is obligatory. A country where there is one party system and lack observant and efficient opposition there are every chances for the incumbent party to become autocratic and domineering. One party system is most of the times susceptible to transform into dictatorship. Most of the times where there is one party system, the opposition is stifled and trampled and the dictatorship of the single party is established. Germany during Hitler’s rule and Italy during Mussoloni rule are the cases in point. One cannot imagine of a democratic set up without a healthy and watchful opposition. For the success of any parliamentary democracy, an effective opposition is must to carry out its functions courageously and effectively. The paper analyses the rights, responsibilities and obligations of opposition in a democratic system. For this purpose, the techniques adopted by the researcher for data collection include a detailed survey of the available literature covering different aspects of the topic. The internationally reputed authors and experts have been quoted. It is for the government to allow the opposition to fulfil their functions, which indicates a sign of democratic maturity on the part of government. The opposition has to focus on its democratic functions and if it fails to do so, it will be a sign of dysfunctional democracy.

Chinese Foreign Policy: Pragmatism and Strategic Behavior. Edited by Suisheng Zhao. [Armonk, NY and London: M.E. Sharpe, 2004. 319 pp. $26.95. ISBN 0-7656-1285-2.]

2004 ◽  
Vol 180 ◽  
pp. 1095-1097
Author(s):  
Patrick Belton
Keyword(s):  
Foreign Policy ◽  
Strategic Behavior ◽  
Domestic Politics ◽  
Chinese Foreign Policy ◽  
National Interests ◽  
Chinese Nationalism ◽  
Fresh Material ◽  
The Government ◽  
Rising Power

Suisheng Zhao has assembled this volume from articles recently published in the Journal of Contemporary China, which he edits. Its chapters cover recognizable terrain for political scientists: whether China, as a rising power, will seek to maximize its relative or absolute gains; the likelihood its increasing power will tend towards status-quo or belligerent lines; and the degree of Chinese ‘exceptionalism’ when compared with other countries. As the subtitle might suggest, the contributions present China in a favourable light, stressing how China's leaders have spurned ideological purism for the pragmatic weighing of national interests, with only nationalism to serve as a double-edged sword by conferring legitimacy on the government, but potentially also taking it away. The assertion that strategic calculations govern Chinese foreign policy contrasts with other interpretations, such as those of David Lampton in Same Bed, Different Dreams, who assigns a large role to domestic politics, or Peter Gries in Understanding Chinese Nationalism, who highlights the constraining role of nationalist ideology on the ability of China's leaders to de-escalate crises with other countries. Zhao's contribution lies less in defending the assertion of pragmatism against those competing perspectives and more in drawing upon it in offering fresh material.

scholarly journals The Rights of Controlling State in Indonesia Against Land Tenure of Customary Law Community

2021 ◽  
Vol 2 (2) ◽  
pp. 141-148
Author(s):  
Alpi Sahari
Keyword(s):  
Land Tenure ◽  
Legal Pluralism ◽  
Customary Law ◽  
Public Welfare ◽  
Land Law ◽  
Economic Democracy ◽  
National Interests ◽  
Positive Law ◽  
The Government ◽  
The One

In order to achieve public welfare as tasks and responsibilities delegated to the government in the administration of public welfare (bestuurzorg) including the land sector which includes, among others, regulation, implementation of authority to enforcement of land law. Implementation of bestuurzorg by the government is more oriented towards economic democracy so that ignoring the principle of justice for indigenous peoples in controlling land parcels. The method used in this paper is juridical normative by applying an approach to legal principles and a legal synchronization approach both vertically and horizontally to the State's right to control over land tenure by customary law communities. The results show that land tenure for customary law communities in the UUPA emphasizes as long as it still exists and does not conflict with national interests. This implies that there has been legal pluralism. The occurrence of weak legal pluralism in national land law is indicated by the enactment of UUPA and its various implementing regulations as positive law in the form of written state/national law, on the one hand and on the other hand customary law which is generally unwritten and applies specifically to each other. The applicable customary law in each region. Weak legal pluralism is one of the factors causing legal disputes in substantive settings, especially in land disputes over customary rights which affect their implementation in the field and cause injustice. legal pluralism and making UUPA the center of various land regulations (legal centralism), and is the only land rule that applies nationally (legal unification).

ANALISIS YURIDIS KEDUDUKAN HUKUM ADAT DAN PERANAN NOTARIS-PPAT DALAM PROSES PENDAFTARAN TANAH MENURUT UNDANG-UNDANG POKOK AGRARIA DI KOTA SORONG PAPUA BARAT

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 297
Author(s):  
Dwi Pratiwi Markus ◽  
Amin Purnawan
Keyword(s):  
Daily Life ◽  
Empirical Approach ◽  
Customary Law ◽  
Land Registration ◽  
West Papua ◽  
Agrarian Law ◽  
Papua Barat ◽  
Customary Land ◽  
Year 2013

This research aims (1) To know and analyze how the process of registration of customary land (2) To know and analyze the position of customary law and the role of Notary-PPAT in the process of land registration in Sorong City West Papua reviewed: According to the Principal Agrarian Law. This research uses a juridical-empirical approach. Yudiris is used to analyze rules relating to customary law and land, while empirical is used to analyze laws based on the behavior of people who always interact in daily life. The result of this research are (1) Government of Indonesia recognition of the existence of land and customary law is set forth in UUPA and PP. 24 of 1997 on Land Registration, so that in the process of registration of customary land in Sorong city is not much different from the registration of land in general. Only the registration of customary land in Sorong must be proven by several conditions that specify in local customary law and has been arranged also in the PP. No. 24 of 1997 (2) UUPA itself is a national agrarian law whose presence is based on indigenous laws of Indonesia known as customary law, so to conduct registration of land in Sorong City must use letters of customary release from the local customary chief, in this process the role of Notary-PPAT is needed in making the declaration of customary release and the role of PPAT in helping people who do not understand the rules of local custom in the process of registration of customary land as long as it does not violate the rules related to PPAT authority set by PerKaBPN No. 8 Year 2013.Keywords: Land, Customary Law, Notary-PPAT

scholarly journals Hak Masyarakat Hukum Adat Dalam Pelaksanaan Pengadaan Tanah Ulayat Bagi Pembangunan Untuk Kepentingan Umum

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Miranda Nissa Hilal Liani ◽  
Atik Winanti
Keyword(s):  
Indigenous Peoples ◽  
Public Interest ◽  
The State ◽  
Customary Law ◽  
Land Acquisition ◽  
Conceptual Approach ◽  
The Public ◽  
Role Of The State ◽  
The Government

AbstractLand is a natural wealth that is very important for humans and has an important function in development. In carrying out activities carried out by the government, namely land acquisition for the public interest, which has the aim of building public facilities for the benefit of the community. In carrying out land acquisition, ulayat land is often the target for alleged land acquisition. However, using ulayat land for land acquisition often creates problems. The purpose of this paper is to determine the control of indigenous peoples' rights in land acquisition and to determine the role of the state in providing compensation for land acquisition for development in the public interest. The research method used is juridical normative using a statutory approach and a conceptual approach. The result of this research is that the rights of customary law communities have been regulated constitutionally by the State, and the role of indigenous peoples is regulated in Law no. 71/2012. However, the fact is that during the land acquisition process, customary law communities are often not involved, the government should provide legal certainty and protection to the customary law community so that these problems do not harm the customary law community.Keyword: Land Procurement, Customary Law Communities, Customary Land. AbstrakTanah merupakan kekayaan alam yang sangat penting bagi manusia dan memiliki fungsi yang penting dalam pembangunan. Dalam melakukan kegiatan yang dilakukan oleh pemerintah yaitu pengadaan tanah bagi kepentingan umum, yang mana memiliki tujuan untuk membangun fasilittas umum agar bermanfaat bagi masyarakat. Dalam melakukan pengadaan tanah, seringkali tanah ulayat dijadikan sasaran untuk diduganakan pengadaan tanah. Namun, dalam menggunakan tanah ulayat untuk pengadaan tanah tersebut seringkali menimbulkan masalah. Tujuan dari penulisan ini untuk mengetahui pengantutan mengenai hak-hak masyarakat adat dalam pengadaan tanah dan untuk mengetahui peran negara dalam pemberian ganti kerugian pada pengadaan tanah bagi pembangunan untuk kepentingan umum. Metode penelitian yang digunakan adalah yuridis normative dengan menggunakan pendekatan perundang-undangan dan pendekatan konseptual. Hasil dari penelitian ini adalah bahwa hak masyarakat hukum adat telah diatur secara konstitutional oleh Negara, serta peran masyarakat hukum adat diatur didalam UU No. 71/2012. Namun pada faktanya saat proses pengadaan tanah, masyarakat hukum adat seringkali tidak dilibatkan, seharusnya pemerintah dalam pengadaan tanah memberikan kepastian serta perlindnungan hukum kepada masyarakat hukum adat agar permasalahan-permasalahan tersebut tidak merugikan masyarakat hukum adat.Kata Kunci: Pengadaan Tanah, Masyarakat adat, Tanah Ulayat

scholarly journals The Role of The Government in The Recognition of Customary Rights to Achieve Economic Development of Customary Law Communities

2020 ◽  
Vol 1 (1) ◽  
pp. 109-145
Author(s):  
RR. Catharina Dewi Wulansari ◽  
Journal Manager APHA
Keyword(s):  
Economic Development ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Land Rights ◽  
Customary Law ◽  
Role Of Government ◽  
The People ◽  
The Government ◽  
Role Of The Government

Every State wants a condition in which the people have a prominent level of welfare and prosperity, because that condition can reflect how a state has been successful in carrying out its development. The existence of development that can lead to prominent level of welfare and prosperity, certainly, shows the success of a state in achieving the state's goals. But in practice it is often found that the people of a state do not have a prominent level of welfare and prosperity due to the unprotected rights of the people. The lack protection rights of the people are one form of social problems; which of course requires a very fast handling. Therefore, in general, every state tries, so that the protection rights of the people can be fulfilled. Similarly, for the state of Indonesia, the protection of communal customderived land rights (ulayat rights) of indigenous peoples is one of the tasks that must be fulfilled by the government. The effort is not easy; therefore, needs a thorough study to overcome the problem. The method used in this research is a normative juridical method. The results of the study, indicate the role of government in regulating the recognition forms of the rights of indigenous peoples, especially, communal custom-derived land rights of indigenous people. In addition, there are various substances of legislation that must be regulated in order to recognize communal custom-derived land rights of indigenous people such as how to recognize indigenous peoples, their recognition procedures, indigenous peoples' obligations, and dispute resolution mechanisms. Finally, regulation about recognition of indigenous peoples is expected to have an impact on the economic development of indigenous peoples itself.

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