Greed in Hamka's Novel Merantau ke Deli

Merantau ke Deli is a novel written by Hamka published in 1939. The main theme of this novel is about Minangkabaunese culture and the conflict in the marriage of Leman, a Minangkabaunese, and Poniem, a Javanese. Adat law makes Leman married Mariatun, a Minangkabaunese as his second wife. The focus of this study is on the act of Greed performed by Leman and Mariatun. This is descriptive qualitative research based on Miles, Huberman, and Saldana (2014). The theory of Greed stated by Kets De Vries (2016) was used to analyze the data obtained. The results show two kinds of Greed in the novel; the Greed for the woman's beauty and the Greed for poverty. Leman performs the Greed on the woman's beauty to marry Poniem, although it is forbidden for Minangkabaunese man to marry a non-Minangkabaunese woman. Poniem's beauty makes him break the adat law. The greediness of a beautiful woman also happens when he meets Mariatun, a beautiful young woman from the Minangkabaunese tribe. The greediness on poverty showed by Mariatun for taking the batik and also for dominating Leman's poverty. However, the acts of Greed performed by the characters in the novel create tragic flaws in their future life.

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

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.

PARENTAL RESPONSIBILITY OF CHILDREN CRIME IN INDONESIAN CRIMINAL ADAT LAW

Children who are in conflict with the law cannot be separated from the responsibilities of parents as the first party in the child's environment. The relationship between parents and children is a harmonized relationship from a strong emotional connection on the basis of blood relations. This situation makes parents unable to release and be released responsibility for their children's behavior. When children are faced with the law, policies to take over the responsibility of supervising children from parents, by denying that parents actually have the opportunity to deal with the problems of children who are dealing with the law are more often chosen. Even though the responsibility is transferred from the parents, they will find it difficult to rebuild the relationships they previously had with their children. This connection shows that parents also play a role when their children commit criminal acts indirectly

Effectivity Of Restorative Justice Meets The Just Nature Of Indonesia Society

Restorative justice is a form of cases settlement beyond the court which engaged perpetrator, victim and society as condition restore after the crime. This form started to be developed in Indonesia, especially in regions which implement “adat” law consistently and have close kinship system. Restorative justice is urgently needed today, in order to reduce the number of cases and prison over capacity. The significant number of criminal cases which had been judged in the court is the main factor of prison over capacity. The prison full of criminal which had variety of crimes. The negative impact is, prison is not a shoch-therapy for the criminals, instead of after they fulfill their sentence period and become alumni of prison, they tend to re-do their crimes even worse than the previous one. This condition was the causing factor of restorative justice in the criminal law system for example, children criminals, traffic violations which had narrow impacts and can be solved by “adat” institution, with the exception for major cases or extraordinary crimes for instance drugs, planned murder, terrorism and genocide

EXCHANGE OF LAND: A MODEL OF SUSTAINING THE EXISTENCE OF LAND UNDER ADAT LAW

The objective of the State is to ensure the welfare of the people as stipulated in the 1945 Indonesian Constitution. One of the ways to reach this objective is by protecting the rights of land usage and ownership by the people. However, customary land (tanah hak ulayat) belonging to the Indonesian adat community is under constant threat of extinction. This is due to the increasing relinquishment of communal land by the government in the face of rising need of lands in Indonesia, especially those designated for public utility. This possesses a problem for the adat community to sustain themselves. The purpose of this study is to provide a model recommendation to prevent the extinction of customary land as well as a solution to empower the adat community. This study uses the normative legal research methodology. The legal documents and legal resources are analysed by using statutory and conceptual approaches. Both approaches are significant to examine the existing laws in addition to analyse the factual challenges revolving the preservation of customary land by the adat community. This study found that the main cause leading to the extinction of customary land is the difficulty faced by the adat community to prove the status of communal land. This is encouraged by the lack of admissibility in the evidentiary materials and a lack of written laws providing the protection of customary land. Therefore, the ideal model to prevent the extinction of customary land is through the participation of adat community to sustain assets of land and the opportunity of exchange of lands under adat law. This study contributes to the existing literature on adat law in Indonesia.

DAMPAK PEMIKIRAN ORIENTALIS DI INDONESIA PADA MASA KOLONIAL

The Indonesian people had been colonized by the Dutch for 360 years. During that time, many things were done by the Dutch towards Indonesia. The policies issued by the Dutch were much influenced by the advice given by their political advisors. Political advisers (Orientalists) who are quite well known are Stanford Thomas Raffles, William Masrden, and Cristian Snouck Hurgronje. These three political advisors gave accurate advice to the Dutch government in order to influence patterns of social life in Indonesian society. In the field of religion, especially Islam, Thomas S. Raffles and Marsden argue that the teachings of Islam do not give the slightest color to Indonesian culture. Indonesian culture is purely dug out of local customs. Yet in reality, it is the teachings of Islam that characterize the lives of Indonesian people. In the political field, the Dutch were able to conquer the Aceh region on the advice of Snouck Hurgronje who had previously mastered the ins and outs of the Aceh region. In the area of ​​customary law, Snouck with his receptie theory says that indigenous peoples basically only apply customary law; Islamic law can only apply if the norms of Islamic law have been accepted by the community as Adat law. The receptie-Snouck theory, after independence, can be broken by indigenous jurists by proposing their own theories, namely; first, the receptie exit theory by Hazairin. Second, the theory of receptio a contrario by H. Sayuti Thalib, and Third, the theory of existence by H. Ichtijanto SA.

THE EXISTENCE OF ADAT LAW COMMUNITY IN PUBLIC-PRIVATE PARTNERSHIP

<em>This paper aimed to elaborate the participation of Adat Law Community in Public-Private Partnership (PPP) to introduce new approach to replace compensation to more participative and collaborative scheme of infrastructure development in PPP. This article uses the normative legal research with the conceptual, statute, and case approach. This research show that releasing the land used for infrastructure development procurement will abolish the identity of the community. It have shown that failure in recognizing Adat Law Community as rightful party over their land neglects their right to entitle compensation. Furthermore, instead of economically compensating ulayat land of Adat Law Community used for infrastructure development, Adat Law Community’s participation shall be involved in infrastructure development on their land. The active participation of Adat Law Community can be exercised through placing the community as public entity in PPP. For comparison in China, the State does not pay according to market prices to farmers. However, it provides a compensation package that includes employment opportunities for farmers, housing compensation, compensation for crop loss, and / or granting a residence permit in urban areas. This make them eligible for their social welfare such as health insurance, pensions and / or retirement plans, access to high-quality schools and subsidized agricultural goods that were not previously available to farmers</em>

Relasi Hukum Islam dan Adat dalam Tradisi Pamogih pada Perkawinan Masyarakat Muslim Bondowoso

This study aims to discusses pamogih tradition in Bondowoso Muslim community marriages. Pamogih tradition is basically similar to ben-giben, seserahan, pasrahan tukon, uang japuik, and others. In addition to the uniqueness of the term, this research also involves legal procession and consequences. This research uses qualitative methods and fieldwork clusters. The result shows that pamogih tradition is the bridegroom obligation to give handover as a form of tradition including necklaces, rings, clothes and other household furniture as agreed by both parties. The gift is considered to have a magical value for the people. Usually, this practice is carried out before and after the marriage covenant, generally the provision of goods is done after the marriage covenant. The pamogih tradition is carried out according to the rules of ponggebeh as an elder. The legal consequences of this tradition is, if the bridegroom violates or does not carry out this tradition, it is believed that they might have bad luck experience and slander as well as exclusion from the community. The pamogih tradition is part of living law as a social phenomenon that makes this tradition as an adat law and its implementation is integrated with the practice of marriage in Islam.