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All Journal Nakhoda: Jurnal Ilmu Pemerintahan Journal Of World Science
Tyesta Addy Listya Wardhani, Lita
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Computer Science & IT Economics, Econometrics & Finance Engineering Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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Strengthening Indigenous Governance Structures based on Local Wisdom in Protecting the Territorial Rights of Indigenous Peoples Juljana Luturmas, Asnat; Tyesta Addy Listya Wardhani, Lita; Sukirno, Sukirno
Journal of World Science Vol. 3 No. 7 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i7.684

Abstract

The purpose of this research is to provide strengthening of indigenous governance structures based on local wisdom in protecting the territorial rights of Indigenous Peoples. The research method can be grouped into the realm of socio-legal research, namely the type of socio-legal research, so the approach used is the non-doctrinal approach method.  The results show that the strengthening of indigenous government structures based on local wisdom has been implemented in the Republic of Indonesia and has received protection guarantees, but the regulation of the existence of indigenous government structures in strengthening the territorial rights of indigenous peoples has not been answered properly. Recognition of smaller community unit areas cannot only be guaranteed by using policies alone, the existence of indigenous government structures in villages / customary territories / other names is not just formed but is influenced by genelogical-territorial so that regional ties and blood descent structures are very strong. Legal requirements Article 97 Paragraphs (1) and (2) of the Village Law explain that the establishment of an adat village must fulfill the following requirements: the existence of a customary law community unit along with its traditional rights that are actually still alive, whether territorial, genelogical, or functional in nature and the existence of customary government institutions.  The implications of this research suggest that for the effective protection of Indigenous Peoples' territorial rights, a more comprehensive legal and policy framework is needed that recognizes and supports the complex genealogical and territorial structures of customary governance.
Rekonstruksi Pengelolaan Sumber Daya Pesisir dan Laut Berdasarkan Tujuh Pilar: Upaya Mengatasi Kompleksitas Hukum dan Kewenangan di Era Desentralisasi Aryawardhana, Tripanji; Tri Setyawanta, Lazarus; Tyesta Addy Listya Wardhani, Lita
Nakhoda: Jurnal Ilmu Pemerintahan Vol 24 No 2 (2025)
Publisher : Laboratorium Jurusan Ilmu Pemerintahan FISIP Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35967/njip.v24i2.912

Abstract

The complexity of coastal and marine resource management in Indonesia is often caused by overlapping authorities between institutions and sectoral regulatory disharmony. This phenomenon has resulted in legal uncertainty, marginalization of coastal communities, and marine environmental damage. The research aims to reconstruct a governance model that promotes legal certainty, justice, and sustainability. Using a normative legal research method supported by statutory, conceptual, case, and historical approaches, this article analyzes the distribution of authority and its implications for coastal governance in the post-decentralization era. The findings reveal that the withdrawal of maritime authority from districts to provinces has created administrative gaps, weakened local participation, and increased legal uncertainty. This article offers a reconstructive approach based on seven pillars that integrate the principles of the rule of law, balance between central and regional relations, revitalization of assistance tasks, internalization of Pancasila values of justice, strengthening of local institutions, utilization of Geographic Information System (GIS) technology, and mainstreaming of ecological awareness and legal spirituality. Using a normative legal approach, this article argues that the seven pillars constitute a conceptual and operational framework for restructuring a coastal resource management system that is equitable, effective, and sustainable.
Co-Authors Aryawardhana, Tripanji Juljana Luturmas, Asnat Sukirno Sukirno Tri Setyawanta, Lazarus