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All Journal PALAR (Pakuan Law review) Jurnal Ilmiah Wahana Pendidikan
Brahmana, Rizkita
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Religion Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Indigenous Peoples and Modernization towards Achieving Golden Indonesia Febrianty, Yenny; Sinaga, Walter A.L.; Brahmana, Rizkita
PALAR (Pakuan Law review) Vol 11, No 3 (2025): Volume 11, Nomor 3 July-September 2025
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v11i3.12750

Abstract

AbstractThis study aimed to analyze how indigenous law communities in Indonesia adapt to legal modernization in support of the Indonesia Emas 2045 vision. Employing a normative juridical approach supported by empirical data, this research examined the continuity of customary law amidst the transformation of the national legal system, which is increasingly rational, codified, and legalistic. The normative analysis involved a review of relevant legislation and legal doctrines. In contrast, the empirical analysis was drawn from previous case studies that highlighted the interaction between customary law and modernization in various indigenous communities, such as the Baduy, Tolaki, and indigenous communities in Bekasi. The findings revealed that legal modernization has significantly impacted social order, traditional authority, and the cultural values of indigenous law communities. Disruptions are evident in traditional dispute resolution mechanisms, shifts in customary power structures, and transformations from collectivist to more individualistic values. Nevertheless, indigenous law communities exhibit adaptive strategies through the hybridization of customary norms, institutional strengthening via regional regulations, and social movements advocating for the recognition of customary law within the national legal framework. This study recommends the importance of a contextual and inclusive legal approach to ensure that customary law remains vibrant and empowered amidst modernization, serving as an integral component of sustainable legal development toward Indonesia Emas 2045. Keywords: Customary Law, Indigenous Law Communities, Legal Modernization, Social Adaptation, Cultural Identity, National Legal System, Indonesia Emas 2045
Kajian Hukum Tata Ruang Sengketa Tanah Warga Terhadap Kepentingan Masyarakat Luas (Studi Kasus: Pengembangan Jalan Tol Trans Sumatera Lampung) Insan, Isep H; Chryzalmantia, Vavella; Khodijah, Siti; Ningrum, Sevti Prana; Brahmana, Rizkita
Jurnal Ilmiah Wahana Pendidikan Vol 10 No 10 (2024): Jurnal Ilmiah Wahana Pendidikan
Publisher : Peneliti.net

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11435356

Abstract

Land as a social asset is a means of binding unity among the social environment for life and living, while land as a capital asset is as capital in development and has grown as a very important economic object as well as a material for commerce and an object of speculation. Development activities, especially development in the material sector both in cities and villages, require a lot of land as a shelter for development activities. This research aims to examine the spatial legal perception of land disputes against the public interest of outsiders. The typology of this research is descriptive analysis which aims to describe, inventory, and analyse the actual conditions of the study of spatial law to resolve land disputes through library research (library reseach) with emphasis on secondary data sources. The results of the study of Law Number 26 of 2007 concerning Spatial Planning are the legal basis for the government to organise space in the context of national development. Land disputes that occur due to spatial planning issues can involve the government, private parties, and the community. The court is an institution that can resolve land disputes in various ways, such as mediation or through court decisions. Therefore, it is important for communities to understand the legal basis of spatial planning in order to protect their land ownership rights.
Co-Authors Chryzalmantia, Vavella Insan, Isep H Ningrum, Sevti Prana Sinaga, Walter A.L. Siti Khodijah Yenny Febrianty