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From Struggle to Recognition: Strengthening the Existence of the Lapandewa Kabelengkao Indigenous Legal Community, South Buton Regency Nur Intan; Jumiati Ukkas; Heryanti Heryanti; Fermas Fermas
Journal of Law, Social Science and Management Vol. 2 No. 2 (2025): July - December
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v2i2.1659

Abstract

Background: Strengthening indigenous peoples into indigenous peoples into indigenous law communities requires comprehensive efforts that involve recognition, protection, and empowerment. This includes strengthening customary institutions, increasing community participation, integrating customary law into the national legal system, and aligning customary law with the times. Objectives: to examine the development of customary law in the current era of globalization using normative juridical methods. Methods: This study uses a normative legal research method, which means that the author conducts a process to find a rule of law, legal principles, and legal doctrines to answer legal problems and produce an argument, as well as new theories or concepts as prescriptions in solving problems Results: the national cultural identity and customary land rights of indigenous peoples are respected and protected as long as they do not conflict with the principles of state law. Conclusion: the recognition of the existence of the community in the Lapandewa Kabelengkao should be accompanied by strengthening regulations. So this can result in the recognition of their existence. The requirements to become a customary law society have actually been met.
Out of Court Settlement of Child Custody Disputes by Village Heads of Sambahule, South Konawe District: Legal Position, Procedure, and Implications Nur Intan; Sahrina Safiuddin; Heryanti Heryanti; Jumiati Ukkas; LM Saleh Saputra; Ramadan Tabiu
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2050

Abstract

Background: This study examines the role and legal authority of the village head in resolving child custody disputes through non-litigious mediation in Sambahule Village, Baito Sub-district, South Konawe Regency, Southeast Sulawesi Province, Indonesia. Objectives: The objectives of this study are to analyse the authority of village heads in determining child custody rights, explain the mechanism for resolving child custody disputes, and assess the social and legal implications of village head decisions. Method: Employing a normative-empirical legal research design with a qualitative descriptive approach, data were gathered through in-depth interviews, field observation, and documentary analysis. Results: The findings reveal two principal conclusions: first, the village head possesses no direct statutory authority to formally adjudicate child custody, as such jurisdiction is vested exclusively in the Religious Court (for Muslim parties) or the District Court (for non-Muslim parties) under Law No. 1 of 1974 on Marriage as amended by Law No. 16 of 2019, and the Compilation of Islamic Law (KHI) Article 105; second, notwithstanding this limitation, the village head's role as a community mediator grounded in Law Number 6 of 2014 on Villages, Article 26(4)(k) proved socially effective in the case under study, producing a consensual, peace-based resolution within two mediation sessions held in January 2021. Conclusion: The study further reveals that village-level decisions carry no binding legal force and remain subject to formal judicial challenge. The paper recommends clearer regulatory delineation of the village head's dispute-resolution authority, mandatory mediator certification, and post-mediation court ratification to secure the legal protection of the child's best interests. Keywords: child custody; village head authority; non-litigation; family dispute resolution; Islamic family law
Juridical Review of Construction Permit Boundaries in Marine Areas: A Case Study on the Coastal Community of Nii Tanasa Village, Lalonggasumeeto District, Konawe Regency Jumiati Ukkas; nur Intan Nur Intan; Heryanti Heryanti
Journal of Law, Social Science and Management Vol. 3 No. 1 (2026): January - June
Publisher : Yayasan Cipta Anak Bangsa (YCAB) Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36685/jlssm.v3i1.2052

Abstract

Background: Coastal communities occupy a complex legal and ecological setting where settlement, livelihood activities, and infrastructure development intersect with sensitive marine ecosystems. In Indonesia, marine construction activities are regulated through permitting systems intended to ensure environmental protection and sustainable coastal development. However, compliance remains limited in many coastal areas. Objectives: This study assessed community understanding of marine construction permit regulations in Nii Tanasa Village, Konawe Regency, including awareness, procedural knowledge, influencing factors, and the perceived impacts of non-compliant construction activities. Methods: A socio-legal research approach was employed, combining doctrinal legal analysis with empirical methods. Data were collected from coastal residents and analyzed using descriptive and multivariate statistical techniques. Results: Most respondents demonstrated low legal understanding of marine construction permits. Approximately 77.7% had low awareness of relevant regulations, while 88.9% were unable to identify the proper permitting procedures. Education level, economic condition, participation in government socialization programs, and compliance with customary law significantly influenced legal understanding (p < .05). Respondents also reported ecological and social impacts of unregulated construction, including mangrove degradation (42.2%), coral reef damage (35.6%), and community conflicts (31.1%). Following a government socialization program, legal understanding increased by 50–68 percentage points. Conclusion: Legal understanding of marine construction permits remains inadequate among coastal residents. Continuous outreach, culturally sensitive legal education, and integration of customary law are needed to strengthen compliance and support sustainable coastal management. Keywords: coastal communities; customary law; legal awareness; marine construction permits; socio-legal research.