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All Journal LAW REFORM Jurnal Media Hukum Jurnal Ilmiah Peuradeun Hasanuddin Law Review SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Jurnal Geuthee JIAL (Journal of Indonesian Adat Law) Jurnal Hukum dan Peradilan Kanun: Jurnal Ilmu Hukum
Teuku Muttaqin Mansur
Fakultas Hukum Universitas Syiah Kuala, Banda Aceh
Religion Humanities Economics, Econometrics & Finance Education Energy Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Journal : Jurnal Geuthee

 1 
The division of mukim and gampong traditional areas in customary forest management in Aceh Province, Indonesia Mansur, Teuku Muttaqin; Adli, Muhammad; Sulaiman, Sulaiman; Muazzin, Muazzin; yahya, azhari
Jurnal Geuthèë: Penelitian Multidisiplin Vol 7, No 1 (2024): Jurnal Geuthèë: Penelitian Multidisiplin
Publisher : Geuthèë Institute, Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52626/jg.v7i1.329

Abstract

The article 1 paragraph (2) the regulation No 11 of  2006 concerning the Aceh Government (UUPA), Aceh is a provincial region which is a special legal community unit and is given special authority to regulate and manage its own government affairs and the interests of the Acehnese people. Mukim is a form of government in Aceh which is recognized its existance based on the Regulation No 44 of 1999 concerning the Implementation of the Prefentiality Province of the Aceh Prefential Region and UUPA. The legal provision for customary forest management, the Mukim and Gampong have the right to control customary forests in their area for the benefit of their members or people outside the community. This research aims to identify the division of Mukim and Gampong areas in customary forest management.  The research method used is empirical juridical.  The data was obtained through the field research by means of observation, direct interviews with respondents, reviewing applicable legal provisions and what has happened in people's lives. The research result shows that Mukim and Gampong have their area boundaries themselves which strengthen the division of Mukim and Gampong positions to provide accuracy regarding the control and management of customary forests in their areas, one of them is fulfilling the customary forest management.  The division of Mukim area from the hereditary have been exists alrady, but there is still a discourse where the government does not have the same perception as the Mukim customary forests because they think there is a legal basis but it is still invalid or it has not accurate to state the mukim adat areas.
The paradox of living law positivization in the new criminal code: a critique of legal formalism Mansur, Teuku Muttaqin; Soesilo, Erwin
Jurnal Geuthèë: Penelitian Multidisiplin Vol 9, No 1 (2026): Jurnal Geuthèë: Penelitian Multidisiplin
Publisher : Geuthèë Institute, Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52626/jg.v9i1.456

Abstract

The recognition of living law in the New Criminal Code (NCC) indicates a shift toward legal pluralism, but it also raises serious conceptual and practical issues. However, there is still a lack of research specifically examining the gap between the recognition of living law in the NCC and its application when confronted with the principle of legality. This study aims to examine the conflict between the principle of legality and the effort to positivize living law through regional regulations that risk eliminating its organic and contextual nature. This research uses a normative juridical method, drawing on statute, legal philosophy, and socio-legal conceptualization, through an analysis of the regulation of living law in the NCC and Eugen Ehrlich's thoughts on living law in society and the principle of legality. The research results show that the positivization model in the NCC actually transforms living law into rigid written norms, thereby reducing its dynamic character and turning it into little more than a symbol of legitimacy in court decisions. This research also found that this formalization reproduces the logic of colonial law, which places state law above the social realities of society. As a reconstruction, this research proposes integrating living law through judicial discretion and legal discovery mechanisms, rather than through rigid formal codification that restricts living law itself. In conclusion, living law can only function fairly if it is maintained as organic law by strengthening the role of judges and customary institutions within the criminal justice system and customary courts.
Co-Authors Abdullah, M Adli Abdullah, Muhammad Adli Azhari Yahya Din, Mohd. Efendi Efendi Ery Agus Priyono, Ery Agus Hasbi Ali, Hasbi Insa Ansari, Insa Miranti, Aufa Mochammad Imron Awalludin Mohd Din, Mohd Muazzin Muazzin, Muazzin Muhammad Adli, Muhammad Muhammad Rasyid, Laila Nurhaliza, Nurhaliza Sautunnida, Lia Soesilo, Erwin Suhaimi Suhaimi Suhaimi Sulaiman Sulaiman Sulaiman Sulaiman Sulaiman, Sulaiman Sunoko, Andika Priandana Susilo, Erwin Usman, Musliadi Bin wulandari, Mitra