Garuda - Garba Rujukan Digital

PENYELESAIAN TANAH KORBAN TSUNAMI YANG TIDAK ADA DAN/ATAU TIDAK DIKETAHUI AHLI WARISNYA Taqwaddin, Taqwaddin; Tripa, Sulaiman; Ansari, Insa; Mansur, Teuku Muttaqin
Jurnal Media Hukum Vol 19, No 2 (2012)
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Post-tsunami disaster in Aceh, legal issues on land are regulated by the Government Regulation in Lieu of Law Number 2 of 2007, which regulates among others on land that does not exist and/or unknown its owners and their heirs. The land is being taken care asÂ a religious treasure by Baitul Mal Â with an order the Syariyah Court. This study applies juridical normative and sociological normative methods. From the field research it was found that the Government did not have data of lands with unknown owners and their heirs. It was known from decision of the Syariyah CourtÂ of Banda Aceh which revealed that the fact was originated from the construction of the drainage where the land procurement committee did not know where to hand over the land acquisition fund.Key words: tsunami, land, Aceh

Adat Court in Aceh, Indonesia: a Review of Law Mansur, Teuku Muttaqin; Sulaiman, Sulaiman; Ali, Hasbi
Jurnal Ilmiah Peuradeun Vol 8 No 2 (2020): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

This article aims to find out the legal position, authority, and structure of adat(customary) court in Aceh. This study used juridical methods. Data were obtained through literacy studies by examining such as the rule of laws, books, and journals. Data were analyzed using a qualitative descriptive approach. The results of the study showed that adat court in Aceh has a significant position in the legislative system. The authority of the adat court in Aceh is able to resolve small disputes that occur in society. The structure of adat court in Aceh is divided into land and sea areas. Adat court in the land territory consists of the village and the mukim adat court, and the sea territory consists of lhok and district adat court.

Kajian Yuridis Peradilan Adat di Aceh Mansur, Teuku Muttaqin
Jurnal Hukum Adat Indonesia Vol 2 No 3 (2018): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

Artikel ini bertujuan mengetahui kedudukan, kewenangan, dan struktur peradilan adat di Aceh secara yuridis. Penelitian ini menggunakan metode yuridis. Data yang diperoleh dianalisis dengan menggunakan pendekatan deskriptif kualitatif. Hasil penelitian menunjukkan, peradilan adat di Aceh memiliki kedudukan yang kuat dalam sistem paraturan perundang-undangan. Kewenangan peradilan adat di Aceh sudah jelas, yakni menyelesaikan sengketa-sengketa kecil/ yang terjadi ditengahtengah masyarakat. Struktur peradilan adat di Aceh di bagi kedalam wilayah darat dan wilayah laut. Peradilan adat di wilayah darat terdiri dari peradilan adat gampong dan peradilan adat mukim. Sedangkan peradilan adat di wilayah laut terdiri dari peradilan adat laot lhok dan peradilan adat laot kabupaten/kota. This article aims to determine the legal position, authority and structure of traditional justice in Aceh. This study uses the juridical method. The data obtained were analyzed using a qualitative descriptive approach. The results showed that the adat court in Aceh had a strong position in the legislative regulatory system. The authority of adat justice in Aceh is clear, namely resolving small disputes / that occur in the midst of the community. The structure of traditional justice in Aceh is divided into land and sea areas. Customary justice in land areas consists of gampong adat justice and mukim adat justice. Whereas customary justice in the sea area consists of laot lhok adat justice and regency / city adat laot justice.

Robbery and Bullying: Protection Through Pageu Gampong Customary Law, and Islamic Law Abdullah, M Adli; Mansur, Teuku Muttaqin; Sulaiman, Sulaiman; Usman, Musliadi Bin
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i3.22713

The social resilience system of the Acehnese people is rooted in the pageu gampong tradition. The values of pageu gampong are defined as how the people of Aceh protect themselves from the flow of criminal behavior, robbery, bullying and community supervision based on customary law. This research aims to reveal the facts, situations and phenomena of robbery and bullying behavior in Acehnese society through the protection of the pageu gampong customary system. Data was collected through interviews and analyzed using a juridical-sociological and phenomenological approach. The results of the research show that the practice of robbery and bullying is influenced by lifestyle demands accompanied by economic limitations and weaknesses in socializing in society, due to neglect of the values contained in the pageu gampong tradition. Pageu gampong as a customary law system has values that are integrated with Islamic values and is able to protect the community from all forms of robbery and bullying behavior. However, the tendency of the legal system to be oriented towards positivism and the current pressure for social change also contributed to the fading of the values of pageu gampong as the strength of the social structure of Acehnese society. The values of pageu gampong still survive in Acehnese society which is under the legal system of the Acehnese government.

Justice Delayed, Justice Denied: A Critical Examination of Repeated Suspect Status in Indonesia Susilo, Erwin; Din, Mohd.; Suhaimi, Suhaimi; Mansur, Teuku Muttaqin
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.6088

The Indonesian criminal justice system faces critical issues with the repeated designation of individuals as suspects, which compromises legal certainty and the protection of human rights. This study provides a critical analysis of the procedural and ethical consequences of repeated suspect designations within the framework of Indonesia's Criminal Procedure Code. This study employs a doctrinal legal research methodology, incorporating statute, case and conceptual approaches. The results show that pretrial judges assess the validity of suspect designations based on procedural and formal principles. Their authority is confined to reviewing formal aspects. These limitations underscore that pretrial proceedings focus solely on administrative and procedural compliance rather than the substantive merits of the case. This formalist perspective follows civil procedural principles, emphasizing procedural correctness over material truth. While pretrial judges can annul a suspect designation, investigators can re-designate the person as a suspect if new evidence is presented. Such a reform would ensure a more balanced relationship between judicial oversight and investigative authority, minimizing arbitrary practices and enhancing procedural fairness. However, the recurring practice of re-designating suspects raises a significant flaw in the system, undermining legal certainty and eroding public trust.

GOVERNANCE CHALLENGES AND OPPORTUNITIES: THE ROLE OF THE MUKIM INSTITUTION IN CUSTOMARY FOREST MANAGEMENT IN ACEH PROVINCE, INDONESIA Nurhaliza, Nurhaliza; Mansur, Teuku Muttaqin; Abdullah, M Adli; Efendi, Efendi; Muazzin, Muazzin; Sunoko, Andika Priandana
Kanun Jurnal Ilmu Hukum Vol 27, No 1: April 2025: Customary Law and development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i1.37846

The role of the Mukim institution, as a unique customary body under the Aceh special autonomy system, in managing customary forests has been a subject of debate. The limitations and challenges faced by Mukim in fulfilling its responsibilities, particularly in light of contemporary environmental and legal pressures, remain unclear. This study employs a doctrinal-empirical investigation, utilizing a literature review and interviews with respondents and informants. The empirical research was conducted in Mukim Lampanah, Seulimeum District, and Mukim Blang Mee, Lhoong District, both situated in Aceh Besar Regency. The findings indicate that the Mukim holds a position of authority in the governance of customary forests, playing a crucial role in the management and oversight of natural resources within their designated territories. They possess the authority to designate customary forests. However, their capacity to meet these responsibilities is hampered by a lack of personnel within the Mukim institution and limited engagement from local administrations, particularly in terms of policy support and collaborative forest management efforts. Additionally, their efforts often conflict with national forestry management policies. To enhance the effectiveness and sustainability of forest management, it is essential to establish stronger collaboration and coordination mechanisms between the Mukim and government forestry agencies. This would facilitate better alignment of policies and improve overall forest governance.

Mediating Tradition: The Role of Law Enforcement in Customary Law Disputes Mansur, Teuku Muttaqin; Muazzin, Muazzin; Abdullah, M Adli; Ali, Hasbi; Usman, Musliadi Bin; Miranti, Aufa
Jurnal Ilmiah Peuradeun Vol. 13 No. 2 (2025): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v13i2.1921

This study explores the role of law enforcement agencies in resolving customary law disputes in Bener Meriah and Nagan Raya Regencies, focusing on the integration of customary law with national law. The study addresses the challenges faced and the collaborations between law enforcement and customary leaders in settling disputes, particularly conflicts between customary and formal legal principles. Using a qualitative approach and case study methodology, data were gathered through in-depth interviews with key stakeholders, including police representatives, the Aceh Customary Council, and prosecutors, along with direct observations and a literature review. The findings indicate that while customary law is officially recognized within Aceh’s legal framework, significant challenges arise in harmonizing it with national law, especially in cases where their principles diverge. Law enforcement agencies, including the police and prosecutors, play a pivotal role in bridging these gaps by working with customary leaders to mediate disputes. These partnerships uphold local wisdom while ensuring compliance with formal legal standards. Case studies from both regencies demonstrate that dispute resolutions often seek a balance between maintaining customary values and adhering to national law. This study contributes to understanding how law enforcement can facilitate effective conflict resolution within a pluralistic legal system.

The Strategy of Institutional Collaboration to Expedite The Recognition of Customary Law Communities Through Land Registration in Aceh Besar, Indonesia Sulaiman, Sulaiman; Abdullah, Muhammad Adli; Wulandari, Mitra; Mansur, Teuku Muttaqin; Sautunnida, Lia
LAW REFORM Vol 21, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i1.64760

The recognition of Indigenous Law Communities (Masyarakat Hukum Adat/MHA) involves a complex and multi-layered process. This article aims to analyze strategies for accelerating the recognition of MHA through the registration of customary land in Aceh Besar Regency. This research employs a qualitative methodology, with primary data obtained through fieldwork, preceded by a customary land survey, and complemented by legal materials. The analysis was conducted using a qualitative approach.The findings indicate that customary land continues to exist in Aceh Besar, covering an area of approximately 4,593.78 hectares, according to the survey. While this land holds potential for registration, the formal verification process remains challenging. The registration of such lands must be carried out at the Land Office—a regional branch of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN)—and requires the official designation of legal subjects by the Aceh Besar Regency Government.The study further emphasizes the intricacies of recognizing MHA, which require verification of both the subject (i.e., the community’s legal status as MHA) and the object (i.e., the land claimed). One viable strategy to accelerate the recognition process is through institutional collaboration—integrating the object recognition process under the Land Office with the subject designation process handled by the regency government. This approach can be facilitated by forming a joint working structure based on submitted applications. Such a collaborative framework would improve communication and streamline policy decisions, enabling more efficient and effective recognition of both the MHA and the registration of their customary land.

Adat Court in Aceh, Indonesia: a Review of Law Mansur, Teuku Muttaqin; Sulaiman, Sulaiman; Ali, Hasbi
Jurnal Ilmiah Peuradeun Vol. 8 No. 2 (2020): Jurnal Ilmiah Peuradeun
Publisher : SCAD Independent

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26811/peuradeun.v8i2.443

This article aims to find out the legal position, authority, and structure of adat(customary) court in Aceh. This study used juridical methods. Data were obtained through literacy studies by examining such as the rule of laws, books, and journals. Data were analyzed using a qualitative descriptive approach. The results of the study showed that adat court in Aceh has a significant position in the legislative system. The authority of the adat court in Aceh is able to resolve small disputes that occur in society. The structure of adat court in Aceh is divided into land and sea areas. Adat court in the land territory consists of the village and the mukim adat court, and the sea territory consists of lhok and district adat court.

Title

Found 9 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 9 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 9 Documents
Search