Customary law adoption in state law related to disaster mitigation of coastal area in Aceh Besar

Abstract

This article aims to answer how State Law regulates the existence of local wisdom related to disaster mitigation in coastal areas? How is the ideal adoption of customary law by State Law that will contribute to the disaster mitigation process of coastal area based on local wisdom? There is a most basic difference between State and Customary Law regarding disaster mitigation in coastal area. There are things that make it possible to reconcile through the harmonization of laws related to the legal functions positioning, both State Law and Customary Law. However, this step is not simple, because it must be preceded by the integration of Customary Law and State Law. This writing will apply a qualitative approach, by setting the law in an interdisciplinary study, allowing what is stated in law through fisheries assistance. Theoretically, this integration is known in the legal pluralism, where State Law recognizes the existence of Customary Law. Meanwhile, at the practical level, state legal instruments have begun to be built that allow recognition of Customary Law. With its position and function, there is a number of possible parts are used as meeting points between the pantang (taboo) areas and the fisheries conservation area. Conservation areas that are very strict, must be positioned in a social justice reality, as has been known and applied through pantang areas.