community rights
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2021 ◽  
Vol 2 (2) ◽  
pp. 119-127
Author(s):  
Juniaty D. Aritonang ◽  
Hidayat ◽  
Fikarwin Zuska

This study aims to describe the factors that cause land conflicts between the community and the Air Force in the Indonesian Air Force in Suwondo and the strategies that the community uses in demanding their land rights. The author chose a qualitative approach with the ethnographic method to understand more deeply what is behind an event that took the process, causes and conflict resolution. The results showed that the factor causing the conflict was the claim of each party to the land. Conflict resolution efforts are carried out by the community to obtain land rights through non-litigation advocacy processes and litigation advocacy. The results of these two strategies were able to encourage the government to restore community rights to their land even though it had to go through a long struggle. In July 2020 the government issued a policy to move the Sowondo Base to Langkat Regency.


Author(s):  
Faisyal Karim ◽  

This study will analyze the negative impacts of natural resource management in the form of environmental damage and pollution, agrarian conflicts, impoverishment, and neglect of community rights. This is a serious problem that must be resolved. These problems are related to the ineffectiveness of implementing a Regional Regulation (Perda) in the community and the disharmony at the stage of forming a Regional Regulation. This research is a normative juridical law research. Based on the results of the research, it is known that the Law has determined that "every Draft Regional Regulation (Raperda) before being stipulated as a Regional Regulation must first be harmonized at the stage of drafting the Raperda". However, at the practical level, there is often a neglect of the harmonization of the Raperda on executive initiatives, this does not only lead to certain legal consequences (procedural defects) but also raises assumptions related to the existence of overlapping powers. As also happened, there is material in the Batang Regency Regional Regulation number 13 of 2019 concerning the Batang Regency Spatial Plan for 2019-2039, especially in article 128 letter i of the Batang Regency Regional Regulation Number 13 of 2019 regarding the 2019 Batang Regency Spatial Plan. -2039 states that "it is forbidden to use groundwater for industrial activities and industrial support activities and direct industrial activities to utilize surface water, contrary to Central Java Provincial Regulation Number 3 of 2018 so that legal harmonization is necessary.


2021 ◽  
Vol 67 (4) ◽  
pp. 639-651
Author(s):  
Kamal Nayan Choubey

There are certain demarcated tribal areas in our country where the Scheduled Tribes (STs) have special community rights to live their lives according to their customs and maintain control over local natural resource management. The Sixth Schedule and Fifth Schedule are examples of such areas, and after the enactment of the Forest Rights Act, (FRA), 2006, there are crucial preferential provisions for the STs in forest areas of the whole country too. This article probes the historical development of categorisations in India, particularly in the context of forest-dwelling communities, and attempts to examine constitutional provisions and the provisions of different laws passed by the Parliament to evaluate the situation of other minority communities, particularly dalits, living in ‘forest areas’. In this context, the article primarily focuses on the genesis and practice of the Other Traditional Forest Dwellers (OTFDs) category. Based on the field study of the Taungya village, the article shows the problem of categorisation in forest areas and marginalisation of dalits due to this process and emphasises the need for a more dialogical and democratic process of categorisation in India.


2021 ◽  
Vol 5 (2) ◽  
pp. 252
Author(s):  
Mirin Primudyastutie ◽  
Anang Sulistyono

 Eksistensi norma yuridis merupakan norma yang mengatur tentang peran yang bisa dilakukan oleh subyek hukum atau pihak yang ditunjukknya, diantaranya notaris. Norma yuridis yang menjadi pijakan utama bagi notaris diantaranya untuk menjalankan kewajiban-kewajiban atau kewenangan-kewenangannya. Peran mengimplementasikan norma yuridis ini adalah berkaitan  dengan tugas, kewajiban, kewenangan, larangan, dan lain sebagainya yang menentukan terhadap bekerjanya hukum, sehingga yang dilakukannya ini mengandung konsekuensi yuridis, yakni kewibawaan negara hukum. Ada hak-hak masyarakat dan martabat negara yang ikut dirugikan ketika norma hukum tidak dijalankan sebagaimana yang sudah digariskannya.  Kewibawaan negara hukum merupakan ujian riil propfesionalitas sebagai notaris, sehingga Ketika peran yang ditunjukkan tidak profesionalitas, dampak seriusnya terhadap kewibawaan negara hukum.Kata Kunci: kewibawaan, notaris, peran, negara The existence of juridical norms is a norm that regulates the roles that can be performed by a legal subject or party appointed by it, including a notary. Juridical norms that become the main foothold for notaries include to carry out their obligations or authorities. The role of implementing this juridical norm is related to the duties, obligations, authorities, prohibitions, etc. that determine the operation of the law, so that what it does has juridical consequences, namely the authority of the rule of law. There are community rights and state dignity that are also harmed when legal norms are not implemented as outlined by them. The authority of a rule of law is a real test of professionalism as a notary, so that when the role shown is not professional, it has a serious impact on the authority of the rule of law.Keywords: authority, notary, role, state


Wajah Hukum ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 149
Author(s):  
Lintje Anna Marpaung ◽  
Anggalana Anggalana ◽  
Eky Sepriza

A land certificate is important in a rule of law because it is the strongest proof of ownership owned by a person if the status of the land is to be recognized by the law, without a certificate it can be ascertained that the person who claims the land can be canceled. In addition, land certificates can also be sold or transferred to other people or inherited to their children. In the Making of Land Deeds / Certificates in Kuta Besi Village, Batu Brak District, West Lampung Regency, currently many people do not have official land certificates from BPN, therefore People who are aware of the law establish a Pokmas organization that collaborates directly with the West Lampung BPN as an effort to assist the community in making land certificates that are more efficient and effective, and also the purpose of establishing a community group organization is to provide direct socialization to the community regarding community rights to land ownership, methods This research uses a normative juridical approach using legislation related to Land Registration and an empirical approach, which is carried out by looking directly at the object of research by means of observation and interviews.


2021 ◽  
Vol 29 (2) ◽  
pp. 125
Author(s):  
Mangapul Marbun

The position of the customary rights of the customary law community in the Toba Batak community, namely the rights owned by a clan (State land), controlled, managed, utilized, the land and its contents for the needs of the citizens / descendants of the partnership as collective property that can be passed down from generation to generation (geneological) based on customary law. The UUPA recognizes the position of the ulayat rights of the customary law community in a formal juridical manner with discussion if in reality it still exists and does not conflict with the interests of the national, nation and state. The 1945 Constitution of the Republic of Indonesia Article 18-B paragraph (2), Article 28-I paragraph (3) The State recognizes and respects the customary public and their traditional rights as long as they are still alive. The cultural identity of traditional community rights is respected in accordance with the times and civilizations. The position of the customary rights of the Batak Toba community (land marga) in this study is still not as expected, in regulating and protecting laws from the past to the present, regulation and protection are still based on local customary laws. In Law No. 23/2014/9/2015 concerning Regional Government grants the authority of rights and responsibilities to provincial, regency / city governments to regulate and manage their own regions, one of the areas of defense based on the widest possible regional autonomy. The authority, rights and responsibilities of regional governments in regulating and protecting, managing their own ulayat rights (clan land) in certain areas are also in line with Presidential Decree No. 34 regarding policies in the defense sector, one of which is stipulation and is also in line with the government regulation of the Republic of Indonesia No. 38 Year 20007 concerning the Division of Government Affairs between the government and the Provincial Government of the Regency / City Government as a government affair which becomes the authority of the regional government towards the position of the ulayat rights of the customary law community in certain areas. In this study, in the Daily District of Samosir Regency. The authority, rights and obligations of Regional Government through stipulation in the form of Regional regulations have not been implemented, especially regarding local clan lands (ulayat rights of indigenous peoples). Therefore, this problem needs to be researched to get a true picture of the status of customary community rights in relation to regional autonomy in the Daily District of Samosir Regency. The results of this study, in the Samosir Kewenagan Regency Daily sub-district, the rights and obligations of regional government, it turns out that Tanah Marga (Hak Ulayat) is still regulated by local customary law, in fact the local government has the authority, rights and obligations to regulate and protect Ulayat Rights (Tanah Marga). certain by stipulation in the form of regional regulations, with the aim of providing legal certainty and benefits for the customary law community. Based on the research, it shows that the Land of Marga / Ulayat Rights of Indigenous Peoples in Harian District, generally in Samosir Regency, both horizontally and vertically until this research was conducted, there has been no settlement of certain customary rights of customary communities, in other words conflict resolution is still stagnant. The government needs to immediately establish the customary rights of customary communities in the form of a law. To ensure legal certainty / benefit and justice for all certain Customary law communities. Because ulayat rights are basically still found and still live according to the civilization of the Batak Toba people in the Daily District of Samosir Regency, which does not conflict with the development and interests of the Nation and the State.


2021 ◽  
Vol 9 (02) ◽  
pp. 295-306
Author(s):  
Sanjukta Mudgal ◽  
J.V Sharma

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, popularly called FRA, 2006, was enacted to recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes(STs) and Other Traditional Forest Dwellers(OTFDs). The Act became effective from 01 January, 2008. Broadly, all rights can be grouped into three different categories viz, Individual Rights (IR), Community Rights(CR), and Community Forest Resources Rights (CFR). As more than six lakh claims were filed for different categories of rights in Madhya Pradesh and mostly for IR, the present study has been conducted to assess whether all three types of rights guaranteed by the FRA have been recognized and proper approaches followed.The studycarried out in six districts of Madhya Pradesh viz. Chhindwara, Mandla, Badwani, Khargone, Shahdol and Sidhhi reveals that the major thrust by the State has been on recognising Individual Rights while other two categories of rights have not received much attention. Although, recognition process has followed defined approaches yet many gaps were noticed.


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