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Journal : ILJS

Aspek Hukum Penyelesaian Sengketa Tanah Adat Myaskur, Myaskur; Wahyudiono, Tri
Bahasa Indonesia Vol 9 No 2 (2024): Islamic Law: Jurnal Siyasah, September 2024
Publisher : Lembaga Penelitian Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v9i2.600

Abstract

In Indonesia, the resolution of customary land disputes involves a complex interplay between customary law and national law. Customary law, deeply rooted in the cultural practices and traditions of indigenous communities, plays a crucial role in managing land conflicts that arise within these communities. This paper examines the legal aspects of resolving customary land disputes, highlighting the significance of integrating customary law into the national legal framework to ensure the protection of indigenous rights. The study reveals that while national laws provide a formal mechanism for dispute resolution, they often overlook the unique cultural contexts and values inherent in customary law. Consequently, this can lead to unresolved conflicts and dissatisfaction among indigenous peoples. The research suggests that a hybrid model of dispute resolution, which combines elements of both customary and national law, could enhance the effectiveness of conflict resolution processes. By recognizing and legitimizing customary practices within the national legal system, this approach aims to promote social justice and equity for indigenous communities in Indonesia.
Diferensiasi Tugas Pokok dan Fungsi Lembaga Perwakilan Bikameral dalam Konteks Keadilan Myaskur; Wahyudiono, Tri
Bahasa Indonesia Vol 10 No 1 (2025): Islamic Law: Jurnal Siyasah, Maret 2025
Publisher : Lembaga Penelitian Universitas Pangeran Diponegoro Nganjuk

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

Abstract

This study analyzes the differentiation of main duties and functions of bicameral representative institutions in the context of justice in Indonesia. Indonesia's legislative system comprises the House of Representatives (DPR) and the Regional Representative Council (DPD), each with distinct roles and authorities. The DPR holds legislative, budgeting, and oversight functions, while the DPD is involved in proposing and discussing bills related to regional autonomy, central-regional relations, and natural resource management. However, the DPD's role is often perceived as less effective in the legislative function. This study employs a normative approach with descriptive analysis to evaluate the balance of roles between these two institutions in achieving representative justice. The findings indicate the need to strengthen the DPD's functions to create a more equitable and balanced representation system in the national legislative process.
Aspek Hukum Penyelesaian Sengketa Tanah Adat Myaskur, Myaskur; Wahyudiono, Tri
Bahasa Indonesia Vol 9 No 2 (2024): Islamic Law: Jurnal Siyasah, September 2024
Publisher : Universitas Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/iljs.v9i2.600

Abstract

In Indonesia, the resolution of customary land disputes involves a complex interplay between customary law and national law. Customary law, deeply rooted in the cultural practices and traditions of indigenous communities, plays a crucial role in managing land conflicts that arise within these communities. This paper examines the legal aspects of resolving customary land disputes, highlighting the significance of integrating customary law into the national legal framework to ensure the protection of indigenous rights. The study reveals that while national laws provide a formal mechanism for dispute resolution, they often overlook the unique cultural contexts and values inherent in customary law. Consequently, this can lead to unresolved conflicts and dissatisfaction among indigenous peoples. The research suggests that a hybrid model of dispute resolution, which combines elements of both customary and national law, could enhance the effectiveness of conflict resolution processes. By recognizing and legitimizing customary practices within the national legal system, this approach aims to promote social justice and equity for indigenous communities in Indonesia.
Diferensiasi Tugas Pokok dan Fungsi Lembaga Perwakilan Bikameral dalam Konteks Keadilan Myaskur; Wahyudiono, Tri
Bahasa Indonesia Vol 10 No 1 (2025): Islamic Law: Jurnal Siyasah, Maret 2025
Publisher : Universitas Pangeran Diponegoro Nganjuk

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

Abstract

This study analyzes the differentiation of main duties and functions of bicameral representative institutions in the context of justice in Indonesia. Indonesia's legislative system comprises the House of Representatives (DPR) and the Regional Representative Council (DPD), each with distinct roles and authorities. The DPR holds legislative, budgeting, and oversight functions, while the DPD is involved in proposing and discussing bills related to regional autonomy, central-regional relations, and natural resource management. However, the DPD's role is often perceived as less effective in the legislative function. This study employs a normative approach with descriptive analysis to evaluate the balance of roles between these two institutions in achieving representative justice. The findings indicate the need to strengthen the DPD's functions to create a more equitable and balanced representation system in the national legislative process.