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APHA, Journal Manager

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Reorientation of Approaches in Indonesian Customary Law Studies Syamsudin, M.; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 1 No 1 (2017): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

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.

Adat Law as An Alternative Option In Law Pluralism Perspective In Indonesia Sulastriyono, Sulastriyono; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 1 No 1 (2017): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

This article aims to analyze recognition and respect towards adat law community and adat law in Indonesia legal pluralism context; the strength and weakness of adat law as conflict resolution mechanism; model on state recognition and respect towards adat law community and its adat law in order to reduce the weakness of adat law as a tool to resolve conflict. This is a legal normative article which written based on secondary data, such as books, articles, news, research report, and laws. Collected secondary data are selected based on the issues and analyzed qualitatively. Analysis results on descriptive report which explains the issues comprehensively. This article found that (1) In Indonesia legal pluralism context, the state has not recognized and respect adat law community and its adat law wholeheartedly. It is proven by cumulative limitations which hard to be fulfilled by the adat law community in order to be recognized and respected by the state; (2) The strength of non-litigation conflict resolution based of adat law principles is not about win or lose solution, but about win-win solution. Win-win solution has purpose to achieve justice which acceptable to all parties. Win-win solution is obtained based on consensus from conflicting parties until justice is achieved. The weakness of adat law in Indonesia Law context is the fact that Indonesia adopts European Continental system of law, therefore adat law is not the state law. Adat law is understood by understanding the life of the community where adat law is applied. Adat law is implemented voluntarily, without any force from the state. The weakness of adat law as tool of conflict resolution is the dependency towards good faith between parties. The decision cannot be implemented, unless there is good faith from the conflicting parties; (3) model of adat law community and its adat law recognition and respect is synergic combination model between self declaratory by the adat law community and decisive state recognition with strict limitation which hard to be implemented by the adat law community.

Legal Protection of Land Control of Baduy Indigenous People and Sedulur Sikep Utomo, Laksanto; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 1 No 1 (2017): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

Applicability of UUPA, a step forward in the land law, but with the foundation of land tenure and the former western lands that are not owned by an individual into a state land "directly controlled by the State to the maximum benefit of the people", it becomes a big problem, what is it? Proof of ownership of land should be formal and based on the written evidence proved village government (Lurah), how to indigenous peoples who are not familiar with reading and writing, they are farmers working in the tradition to the next. In the Local Rules Samin people not give legal protection to ownership. Meanwhile the Lebakâ€™s District Government issued Decreeâ€™s No. 32, 2001 About Protection of Land Rights Baduy society, to guarantee the continuity of the Baduy. This local regulation should be used as an example for legal protection against indigenous peoples.

The Role of The Government in The Recognition of Customary Rights to Achieve Economic Development of Customary Law Communities Wulansari, RR. Catharina Dewi; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 1 No 1 (2017): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

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.

Government Responsibility in The Management of Natural Resources for The Protection of Economic, Social, and Cultural Rights in The Balaesang Region Saly, Jeane Neltje; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 1 No 1 (2017): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46816/jial.v1i1.19

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.

"Siregarization" of Kahiyang-Bobby: Inter-Indigenous Marriage, Patrilinealization or For the sake of Na Tolu? Saptomo, Ade; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 1 No 1 (2017): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

This paper is the result of an analysis of the marriage event of two people that have different ethnicities, Javanese and Batak, and the kinship system, Parental and Patrilinieal. In the marriage process which was carried out according to the patrilineal kinship sistem followed by giving the clan title from Batak. The question, is such marriage an interadat, or patrilinealisation, dalihan na tolu? To answer it, socio-antro legal research was done by implementating the complementary approaches, adat law science and legal anthropology. The result, the marriage isnâ€™t named antaradat, the mentioned marriage has been legal according to the adat Batak in which the one party received one of the clans in the Batak ethnic so that the marriage is the endogamy marriage of the ethnic and the exogamy of the clan and keep on dalihan na tolu.

Recognition and Legal Protection of Customary Law Society over Land Sembiring, Rosnidar; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 1 No 1 (2017): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

This paper aims at determining the recognition and legal protection of indigenous and tribal peoples on land and natural resources in the perspective of legislation. It uses normative research with literature identification approach, legislation such as Law Number 5 of 1960 on the Basic Regulations of Agrarian Principles (BRAP), and other laws and relevant regulations to this research. The data collected from primary, secondary and tertiary legal materials are analyzed qualitatively, systematically arranged and presented descriptively. Basically the recognition and legal protection of indigenous and tribal peoples has been determined in Article 3 of the BRAP and Article 18 B paragraph (1) of the 1945 Constitution and other sect oral laws and regulations, it is just that there is no synchronization or harmonization between various sectoral laws and regulations governing the recognition and protection of the rights of indigenous peoples.

Sikap Masyarakat Adat Bali terkait Putusan Pesamuhan Agung III Majelis Utama Desa Pakraman Propinsi Bali Tahun 2010 Sukerti, Ni Nyoman; Krisnawati, I G. A. A. Ari; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 2 No 1 (2018): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

This study aims to assess the relevant customary law of inheritance Bali after holding the position of women The Great Congregation III The Main Assemblies Pakraman Village (MUDP) Bali Province in 2010. The problem: 1. What is the meaning of the decision MUDP in 2010 ?. 2. How public attitudes Balinese customary law related to the MUDP decision ?. The method used to achieve the objectives of this study are socio-legal research, beginning with normative research, and field research by interviewing methods, data analysis with qualitative method. The first problem, Result research shows that mean Court III MUDP The Assembly's decision in 2010 reflects the significance of gender equality in the field of inheritance law. The second problem, research shows disagree and agree. Who disagreed give reasons; MUDP verdict unfair position daughters as heirs, customary laws regulate heirs are descendants of men and sentana rajeg MUDP decision does not reflect the principle of proportionality. Who agreed to give reasons; MUDP decision puts girls in heir own right and fair, courageous erode the old customary law binding, is an extraordinary breakthrough and reflects the recognition of the right of girls to inherit.

Peran Serta Masyarakat Adat dalam Pengelolaan Hutan Konservasi melalui Pemberdayaan Masyarakat Berbasis pada Kearifan Lokal Runggandini, Caritas Woro Murdiati; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 2 No 1 (2018): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

This study combined normative study and sociological study. Normative study was conducted by studying legislations which supports the participation of communities in forest resources management. Sociological studies focused on empowerment model for adat communities around forests performed in Bali Province by using community empowerment by West Bali National Park Office/TNBB. Literature data and field discoveries were analyzed qualitatively. The study discovered that the adat communities of TNBB buffer villages already had local wisdom when they interacted with forest resources around them, in the forms of awig-awig, supported by strong traditional institution. People were skillful in making harmonious synthesis between efforts to preserve forests and improving economic welfare by breeding Bali starlings. TNBB helped the communities of TNBB buffer villages to empower their economy by providing livestock breeds, plant seeds, and honeybees. Forest management in TNBB went well and effectively because the management involved the adat communities of TNBB buffer villages, was rooted on local wisdom, and had the full support of local community organizations (traditional villages). Community empowerment model which was rooted on local wisdom, supported by local community organizations, which built harmonious partnership should be developed to prosper communities and preserve forests.

Wakaf Tanah Ulayat sebagai Solusi Peralihan Hak Atas Tanah Ulayat Secara Permanen di Sumatera Barat Mirwati, Yulia; Faisal, Yontri; Zahara, Zahara; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 2 No 1 (2018): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

Article 3 of the Basic Regulation of Agrarian Affairs/PeraturanDasarPokokpokokAgraria (UUPA) recognizes the existence of communal land (communal right). This recognition of communal rights has been planned since the beginning of the drafting of the national agrarian bill; therefore, the legal concept of agrarian reform is stipulated with customary law in it. In West Sumatra, the existence of communal rights is still strong. The transfer of communal rights cannot be done in a permanent manner, only temporary, such as a pawning which is now referred to as Salang Pinjam in Minang or Padang language, and even then with very strict requirements, because the principle, in Minang language, is that communal land is: jua indak dimakan balig adai indak dimakan sendo (it cannot be traded,and when it ispawned, it is with strict conditions). Utilization of communalland for outsiders is a temporary nature, limited by time and will not eliminate the communal rights. This is, in its customary law, called Kabau Pai Kubangan Tingga, and this is done with the agreement of the customary law community through leaders of customs. In addition, Minang or Minangkabau customs are integrated with the concept of Islamic law; this is confirmed in the fatwa or decision: adat basandi syarak dan syarak basandi kitabullah. At the same time, the Waqf Institute is also developing well in Minangkabau. One of the objects of the waqf is communalland, and its allotment is especially for places of worship, education, health and others, which are still not oriented to the development of productive economies. In the waqf arrangement in Indonesia, communalland is not formally seen as the object,however,since in the past, the Minangkabau customary law communities have been carrying out thewaqf of communalland, even though without registration. It is further found thatwaqf of communalland is a solution to transferring of the communalland permanently to the indigenous peoplethrough the management of nadzir (recipient of waqf), because the waqf of communalland lasts forever.

Co-Authors AA Sudharmawan, AA Ade Saptomo Ahmadi Hasan Al Amruzi, HM Fahmi Al Arif F, M. Noor Fajar Arso, Dimas Dwi Buana, Andika Prawira Catharina Dewi Wulansari Dewi, Iga Gangga Santi Dominikus Rato Emy Handayani Faisal, Yontri Fredinan Yulianda Gusti Muzainah Jazim Hamidi Jeane Neltje Saly Krisnawati, I G. A. A. Ari M. Syamsudin, M. Marthin, Marthin Mirwati, Yulia Muhsin Aseri, Muhsin Nam Rumkel NI NYOMAN SUKERTI . Nur Aida, Nur Pawana, Sekhar Chandra Purwoko, Agus Rina Yulianti Rini Fidiyani Rosnidar Sembiring Runggandini, Caritas Woro Murdiati Sri Warjiyati St. Laksanto Utomo Sulastriyono . Suprapto Suprapto Syafari, Tri Tehupiory, Aarce Ummu Salamah Musaddad Wahidah Wahidah Yunus, Yahya Zeti Nofita Sari Ziyad, Ziyad

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