Jose Gama Santos
Universidade da Paz

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SOCIO-LEGAL CHALLENGES OF INDIGENOUS LAND IN WEST KALIMANTAN: CUSTOMARY PRACTICES AND NATIONAL LAW Itok Dwi Kurniawan; Arsyad Aldyan; Ismawati Septiningsih; Muhammad Rustamaji; Bambang Santoso; Jose Gama Santos
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.33860

Abstract

Customary law in the national legal system is undoubtedly fundamental to maintaining existence because customary law can also be applied to resolve conflicts in society. This research uses socio-legal methods, and the data obtained is based on data in the field through an interview process with several related parties. In contrast, for legal problems in this society, only some things can be resolved through a customary law approach. For example, in the Dayak indigenous community, several legal problems cannot be resolved according to custom, especially regarding unregistered land rights. These problems certainly cannot be solely resolved using a customary law approach. This certainly shows that customary law cannot necessarily accommodate the interests of Indigenous peoples because this is also closely related to legal certainty. Because they relate to legal certainty, they must be resolved through a positive legal approach, such as submitting a request to the court or an application to the relevant agency. This certainly happens because the legal awareness of regional communities in Indonesia is currently not very good; this leads to legal issues within indigenous communities that cannot be resolved through customary law.
Evaluation of Implementing Community-Based Waste Management Policies in Semi-Urban Areas Ismawati Septiningsih; Itok Dwi Kurniawan; Muhammad Hendri Nuryadi; Wahyu Noviansyah; Fitri Handayani; Jose Gama Santos
Bulletin of Social Studies and Community Development Vol 5, No 3 (2026): Bulletin of Social Studies and Community Development
Publisher : Institute of Multidisciplinary Research and Community Service

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61436/bsscd/v5i3.pp396-410

Abstract

Waste management in semi-urban areas faces serious challenges, including increasing waste accumulation. Meanwhile, low community participation in supporting government programs poses a significant obstacle. Waste management laws and presidential regulations emphasize the importance of community-based waste management. This study aims to analyze the normative effectiveness of community-based waste management policies and formulate strategies to enhance their effectiveness in semi-urban areas. This study used a normative legal methodology and a descriptive-analytical approach through a literature review, applying Van Meter and Van Horn’s policy implementation model. The results show that community-based waste management policies have been implemented, but their effectiveness varies across implementation indicators. In these waste management policies, the community should be the primary element treated as the subject, not merely the object, of the policy. Therefore, in efforts to improve the effectiveness of community-based waste management policies, policy communication and public education play a key role. This study concludes that improving the effectiveness of waste management policies requires resource support, support from relevant institutions, capacity building for local governments, and collaboration among stakeholders. Keywords: Effectiveness, Community participation, Waste management.