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Astomo, Putera Astomo
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Law, Crime, Criminology & Criminal Justice

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The Establishment Village Regulation of Problematic in West Sulawesi Province Reviewed from a Sociology of Law Perspective Astomo, Putera Astomo; Rais, M. Tasbir
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 8 No. 2 December (2023)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v8i2.4207

Abstract

The establishment of village regulations in West Sulawesi Province creates problems, especially in sociology of law perspective because it is closely related to the lives of village communities which were regulated in a village regulations betweens: 1) The lack of knowledge of village government officials in the establishment of village regulations. 2) The village regulations drafts were not socialized by village government officials regarding asking for input from the communities until it was passed into a village regulation. 3) The village regulations cannot be implemented. The problems formulation includes: 1) How is the relationship betweens the establishment legislation of principles with the establishment of village regulations in sociology of law perspective? 2) How is forms of problems arise in the establishment of village regulations in West Sulawesi Province were reviewed from a sociology of law perspective? The type of research was sociolegal research. The results show that’s: 1) The relationship betweens the establishment legislation of principles with the establishment of village regulations in sociology of law perspective can be seen in efforts to uphold internal sociological values of establishment legislation of principles. 2) Forms of problems arise in the establishment of village regulations on West Sulawesi Province were viewed from a sociology of law perspective betweens: a) The type, hierarchy and content of village regulations were not appropriate. b) Cannot be implemented. c) The formulation was not clear. d) Don’t open.
Regional Legal Politic Problems Concerning the Rights of Customary Law Communities in Majene Regency, West Sulawesi Province Astomo, Putera Astomo; Rizal Putri, Faradillah; Sungkharat, Utit
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 1 June (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i1.4619

Abstract

The Majene Regency Government established the Regional Regulation of Majene Regency West Sulawesi Province Number 1 of 2023 concerning Recognition of Protection and Empowerment of Customary Law Communities, but this caused problems, receiving a lot of criticism from various groups regarding the recognition mechanism for Customary Law Communities, which had an impact on the rights of Customary Law Communities in the Regency. Majene, West Sulawesi Province. This research aims to determine and analyze the regional legal politics related to the recognition and protection of Customary Law Communities in Majene Regency, West Sulawesi Province. Besides that, the impacts arising from the implementation of regional regulations on the rights of Customary Law Communities in Majene Regency, West Sulawesi Province. The type of research is doctrinal/normative legal research, the approach method used is legislations (statute approach), and primary data obtained at the West Sulawesi Province Legal Documentation and Information Network (JDIH). The results of this research, namely the impact arising from the implementation of the regional regulation on the rights of Customary Law Communities in Majene Regency, West Sulawesi Province, is that this regional regulation is detrimental to the rights of Customary Law Communities, such as not adhering to an independent identification system (self-identification) regarding the existence of Customary Law Communities. Apart from that, the identification, verification and validation teams for Customary Law Communities regulated in this regional regulation were not related to each other or in other words did not form a unified whole.
The Role of the Regional Regulations of the West Sulawesi Province in Protecting the Local Wisdom of the Massau’ Tradition in the Mandar Tribe Astomo, Putera Astomo; AH, Arfhani Ichsan; Mohd Khambali, Khadijah binti
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.5097

Abstract

The issue related to the Massau’ Tradition is the lack of coordination between the regional government and the village government, resulting in the failure to socialize regional regulations on river management and utilization to the public. As a result, the Mandar people do not understand their rights, obligations, and prohibitions regarding river use, even though the Massau’ Tradition is closely linked to Islam, culture, and customs. Furthermore, the village government has not taken firm action against those who damage the environment around the river. This study aims to answer two questions: 1) How is the local wisdom of the Massau’ Tradition manifested by the Mandar Tribe? 2) What is the role of regional regulations in protecting the local wisdom of the Massau’ Tradition of the Mandar Tribe? The methods used are a legislative approach and legal sociology. The research results show that the local wisdom of the Massau’ Tradition in the Mandar Tribe is manifested through Panggaukang Ma’guna, Siola-ola, Pau Macoa, and Manjagai. The role of regional regulations in protecting this local wisdom is reflected in several aspects, such as the protection and management of the river environment, the Coastal Area and Small Island Zoning Plan, and the implementation of public order and tranquility by prioritizing customary and social norms, especially those that apply to the Mandar Tribe.
Co-Authors AH, Arfhani Ichsan Mohd Khambali, Khadijah Binti Rais, M. Tasbir Rizal Putri, Faradillah Sungkharat, Utit