Ideal Concept of Traditional Justice in Solving Criminal Case

Customary law is an unwritten rule that lives in the customary community of an area and will continue to live as long as the community still fulfils the customary law that was passed on to them from their ancestors before them. Settlement in criminal cases through customary law that produces results is a form of legal certainty. This study aims to determine the ideal concept in resolving criminal cases through customary courts in Merauke Papua. The method used in this study is a combination of normative legal research and empirical legal research with the reason that the author wants to examine the norms related to the problem of resolving customary criminal cases and seek direct information on the implementation of customary justice in Merauke Regency which is presented descriptively. recognition of customary courts must be stated in writing in the law on judicial power so that this institution has a clear legal basis and its decisions can be recognized so that it does not need to be tried again through national courts, criminal threats under five years must be resolved through customary courts and are final decisions Received: 23 August 2021 / Accepted: 25 October 2021 / Published: 3 January 2022

Human Rights Protection in Occupied Territories

The chapter discusses the protection mechanisms of human rights in occupied territories, namely it concerns the issue of application of international human rights law and international humanitarian law in occupied territories. The author gives detailed information about the main system for administration of occupied territories, in particular about the conventional and customary law, as well as secondary resources such as court decisions and UN resolutions. The chapter analyses international treaties, customary law, and case law to identify the main problems related to human rights protection in occupied territories, the positive obligations of states to protect population living in occupied territories, and the relevance of existing legal norms with the state practice.

Moko Symbolization As Socio-Religious Harmony of Alor Society in East Nusa Tenggara

The understanding of moko is related to the identity of the Alor people. Historically, moko was brought from Vietnam and became a heirloom which was passed down from generation to generation. In practice, moko can be used as a dowry of marriage, clan identity, musical instruments, and several other uses. This study provides novelty on the moko symbolization as a socio-religious harmony of Alor society. The problem to be resolved in this research is “how does the moko symbolize socio-religious harmony in the people of Alor, East Nusa Tenggara?” The theoretical concept used in this article is Geertz’s ‘religious as the cultural system” which is paired with Epicurus' opinion about the three levels of harmony. This study used the phenomenological method of Edmund Husserl. The results of this study are moko symbolization as a rhythmic leader of musical instruments related with social messages in the ownership it and the function of moko as a dowry of marriage. In addition, the results of the study also show that the symbolization of moko becomes a part of the harmony embodiment in the life of the Alor people. This symbolization process occurs at the level of ideas and manifests in behavior. The novelty in this research is the characteristics of the Alor community as a heterogeneous society place the symbols of a set of conventions. Moko as part of the convention symbol embodies social harmonization. This part becomes an interesting character because moko is not an original object from the Alor community, but it has been adopted as a cultural symbol. Social harmonization occurs at the level of ideas which are adhered to customary law. This really depends on the values held in society.

LAND DISPUTE SETTLEMENT POST LAW NO. 2 OF 2012; GLAGAH VILLAGE CASE STUDY RELATED TO NYIA AIRPORT

The location for the New Yogyakarta International Airport (NYIA) construction involved in land disputes during the land acquisition process. The land acquisition will always lead to disputes or conflicts with the affected people. It is even more complicated if, in the development process, the ruling elite intervenes, external forces outside the local community that are not directly related to the development. This article deals with the question of the government's public perceptions of the legal polemic of land dispute settlement based on Law No.2 of 2012, and concentrates to examine a new model of land dispute resolution from the perspective of affected communities against NYIA. This research is normative-empirical based on primary and secondary data, namely a literature study, field study, using purposive sampling with interviews, FGD, observation, and qualitative descriptive analysis. The result showed the failure of formal litigation and non-litigation approaches offered by Law No.2 of 2012 to resolve the disputes fairly. Village discussions based on local wisdom as a new model for equitable land dispute resolution needs a political review of Law No. 2 of 2012. The new paradigm of agrarian reform must be based on customary law and local wisdom values in the 1945 Constitution and the Agrarian Law. Given recent controversies concerning land disputes, a law on reform and structuring the national agrarian structure, Agrarian conflict resolution law, and law of natural resources management for the community are urgently needed.

The Urgency of Bajo Traditional Law as a Form of Law Enforcement Against the Performers of the Samenleven Delic

Life in Indonesia does not recognize Samenleven's relationship because the rules of law and religion do not justify it, but there are still many things like that in Bajo Village. Bajo customary law includes the Bajo Customary Institution. In this institution, its existence helps the village government develop and regulate matters relating to local customs and solving problems regarding adultery, namely Samen Leven. This paper describes how customary law can be used as a law enforcement instrument to resolve the Samenleven offense. Semenleven is living together between a man and a woman without a legal marriage bond. This research uses the type of empirical normative research. The data types used are primary and secondary data sources using several approaches. The results show that the use of Bajo customary law, as a form of law enforcement against the perpetrators of the Samen Leven offense, will create a bargaining justice where customary law is used as the first route in resolving a conflict between victims, perpetrators, and the community. The consequence is that the perpetrator must admit that he has been guilty and is willing to take responsibility for his mistake following applicable customs. The Bajo Customary Council uses customary law as a reference to resolve any problems that occur in Bajo Village, Tilamuta District, namely customary law by deliberation/mediation.

Struktur Pemerintahan Palembang Syu Pada Masa Pendudukan Jepang Tahun 1942-1945

This study discusses the government structure of Palembang during the Japanese occupation in 1942-1945, especially regarding the Syu government. The research method used is historical or historical research methods. The purpose of this research is to increase knowledge and dig deeper into the history of Palembang City and also to highlight the historical traces of the Palembang regional political system during the reign of Japan. This research is related to the Syu government system or called Residency. The results of this study are that before the Japanese came and colonized the archipelago, the Palembang area had rules made by the Dutch and customary law then Japan arrived in Sumatra and issued a new law called Seirei (Osamu Seirei), this rule book discusses military government, which levels consist of Syuugun (residence), Bansyuu (sub-residence), Gun (district), and Son (sub-district), the unique thing is that even though it seems to have changed, in fact, the constitutional structure is the same as the previous system but only changes in terms. Penelitian ini membahas tentang struktur pemerintahan Palembang pada masa pendudukan Jepang tahun 1942-1945 khususnya mengenai pemerintahan Syu. Metode penelitian yang digunakan adalah metode penelitian sejarah atau historis. Tujuan dari penelitian ini untuk menambah ilmu pengetahuan serta menggali lebih dalam mengenai sejarah di Kota Palembang juga mengangkat jejak historis dari sistem politik daerah Palembang saat berkuasanya Jepang. Penelitian ini terkait sistem pemerintahan Syu atau disebut Keresidenan. Hasil dari penelitian ini adalah sebelum Jepang datang dan menjajah wilayah nusantara, daerah Palembang telah terdapat aturan yang dibuat Belanda serta hukum adat kemudian Jepang tiba di Sumatera dan mengeluarkan sebuah Undang-undang baru bernama Seirei (Osamu Seirei), kitab aturan ini membahas tentang pemerintahan militer, yang mana tingkatannya terdiri atas Syuugun (Karesidenan), Bansyuu (sub karesidenan), Gun (distrik), dan Son (subdistrik), uniknya walaupun terkesan berubah tetapi sebenarnya susunan ketatanegaraan ini sama dengan sistem sebelumnya namun hanya mengalami pergantian istilah.

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

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.

The phenomenon of human organ trafficking in light of the United Nations sustainable development agenda with special emphasis on cultural offences in Republic of Kosovo

The article concerns the issues related to the illegal trade in human tools in the light of the theoretical structure of sustainable development created by the United Nations (UN). The text consists of several parts. The work aims to show the following research areas: – axiological and legal assumptions of sustainable development in the context of a triple win: social, economic and environmental, – the criminological profile and picture of organized crime in the Republic of Kosovo – trafficking in human organs in the territory of the Republic of Kosovo, – information on traditional customary law (Kanun) in Albanian culture – analysis of the phenomenon of harvesting human organs in Kosovo. The last part of the article presents the economic, social and criminological problems of Kosovo in the context of the Sustainable Development Agenda.The analysis contained in the text proves that the youngest European country (2008) struggles with many problems of a legal, economic and social nature. These problems are not only a consequence of the recent post-Slavic armed conflicts but also result from the specific Albanian legal culture (Kanun rules), which still affects the functioning of this society (especially in the provinces). Therefore, these customs still determine the level of crime in this country, both common and related to the activities of organized crime groups (with particular emphasis on trafficking in human organs). Therefore, it is recommended to successively implement the legal solutions contained in the Agenda for Sustainable Development, to stabilize not only this country but the entire region.

KONFLIK AGRARIA DI KECAMATAN SEMBALUN KABUPATEN LOMBOK TIMUR NUSA TENGGARA BARAT 1979–2019

ABSTRACT This study discusses agrarian conflicts that occurred in Sembalun District, East Lombok Regency, West Nusa Tenggara from 1979–2019. The problems in this study are: 1) Why are there agrarian conflicts in Sembalun District? 2) What are the forms of agrarian conflict that occurred in Sembalun District? The method used is the Critical Historical Method. Meanwhile, the theory used is Historical Dialectical Materialism from Karl Marx and Conflict theory from Ralf Dahrendorf. The results of this study indicate that the agrarian conflict in Sembalun District in 1979–2019 was a structural agrarian conflict. It takes the form of conflicting claims between the Sembalun indigenous peoples and the government and companies regarding who has the right to access land and natural resources. The main cause of the conflict is the lack of community land that becomes their means of production to meet their material subsistence needs. This is due to the practice of negarasasi (land acquisition) carried out by the government and negating the customary law system in agrarian management in Sembalun. Conflict becomes less powerful when the massive Sembalun peasant community defends their land, and tries to restore the customary law system or what is called negation over negation. Keywords: Agrarian Conflict, Sembalun Society, Historical Dialectical Materialism.

On the problems of application of customary law in the criminal prosecution of persons of small indigenous peoples of the north

The subject of the study is the problems of application of the norms of criminal law stipulating responsibility for environmental crimes against representatives of persons of small indigenous minorities of the North, the essence of which is the conflict between the positive law and the customary law of these peoples. The purpose of the study is to analyze the causes of this conflict, as well as to substantiate the necessity of applying the norms of customary law of indigenous peoples of the North in their criminal prosecution for environmental crimes. As a result of the study, the assumption is made that knowledge of the norms of customary law by law enforcement officials will allow to relieve social tension between the indigenous peoples of the North and the law enforcement agencies. That is why it is necessary to begin work on the formation of a code of customary law, as well as recommendations for its application, which could become a document to be used as a recommendation for law enforcement bodies in their decision-making.