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All Journal ADLIYA: Jurnal Hukum dan Kemanusiaan
Azlina, Tengku Elmi
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Religion Humanities

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The Equilibrium Principal Application to The Customary Law of Indigenous Peoples Based on Pancasila Tijow, Lusiana Margareth; Hayat, Hayat; Azlina, Tengku Elmi
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol 18, No 1 (2024): ADLIYA: JURNAL HUKUM DAN KEMANUSIAAN
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i1.26098

Abstract

The principle of Equilibrium (balance) in indigenous and tribal peoples is an ethical demand considering the moral, social, and legal values prevailing in society. This concept is closely related to the communal mentality of customary law. This writing aims to understand how the principle of Equilibrium (balance) is applied to the cosmological rights of indigenous and tribal peoples as an effort to implement Pancasila values. The method used in this research is normative legal research with a statutory approach, supported by observation and interviews, then analyzed prescriptively to achieve a clear understanding of the issues discussed. This principle of balance serves as a guide for creating a balance between rights and obligations which can be realized concretely through legal and non-legal norms in the context of customary law communities. This allows various rights owned by indigenous peoples to be recognized and respected. Therefore, the government needs to prioritize Pancasila values in development and pay attention to the cosmological rights of indigenous and tribal peoples. Thus, customary law can be a means to answer various legal problems faced by the people in their daily lives in certain areas while maintaining the cosmological rights of the indigenous peoples themselves.
Pancasila and the Principle of Equilibrium in Customary Law: Safeguarding the Cosmological Rights of Indigenous People Tijow, Lusiana Margareth; Hayat, Hayat; Azlina, Tengku Elmi
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 18 No. 1 (2024): ADLIYA: Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v18i1.26098

Abstract

The principle of equilibrium is an ethical demand closely related to the communal mentality of customary law, encompassing moral, social, and legal values. Therefore, this research aimed to understand the application of equilibrium to the cosmological rights of indigenous and tribal people in implementing Pancasila values. Normative legal research was used with a statutory method to achieve a clear understanding of the issues discussed. The results showed that equilibrium served as a guide for creating a balance between rights and obligations realised concretely through legal and non-legal norms. Furthermore, the different rights owned by indigenous people were recognised and respected. In this context, the government needs to prioritise Pancasila values in development and pay attention to the cosmological rights of indigenous and tribal people. Customary law must address various legal issues faced by people in specific areas and uphold the fundamental rights.
Co-Authors Hayat Lusiana Margareth Tijow