Adat Community Research Articles

Self-Identification and Repositioning of the Tengananese in the Discourse of Adat Community in Bali

Abstrak Bersama dengan agama Hindu dan budaya, adat dianggap sebagai karakteristik yang kuat untuk menggambarkan kadar kebalian (jati diri) orang Bali. Adat muncul sebagai kontrol bagi munculnya masalah-masalah sosial, agama, dan budaya. Pada praktiknya adat juga menunjukkan dominasi yang kuat untuk mendisiplinkan masyarakatnya untuk selalu patuh pada regulasi negara. Namun, wacana tentang adat juga memberikan gambaran bagaimana adat dapat digunakan sebagai strategi pembeda dalam praktik-praktik adat keseharian. Mengambil studi etnografi di Tenganan Pegringsingan, suatu komunitas di dalam pustaka kolonial sering disebut dengan Bali Aga, artikel ini menginvestigasi bagaimana adat dibentuk dan digunakan untuk mendefinisikan identitas dan mereposisi diri mereka dalam wacana dominan Bali selatan. Artikel ini menantang asumsi umum yang menyebutkan bahwa pasca-Reformasi, gerakan kebangkitan adat dilakukan untuk mencapai pengakuan dan mendapatkan proteksi dari negara. Artikel ini justru menunjukkan bahwa gerakan adat yang ada di Bali cenderung keluar dari pakem gerakan adat internasional. Gerakan adat yang dibangun tidak memiliki korelasi dengan gerakan masyarakat adat global. Artikel ini berargumentasi bahwa orang Tenganan hanya memanfaatkan strategi identifikasi diri untuk menegaskan perbedaan posisi kelompok mereka di Bali. Abstract Along with Hinduism ( agama ) and culture ( budaya ), adat is recognized as a strong characteristic to describe the level of kebalian . Adat appears as a control for the emergence of social, religious, and cultural problems. In practice, it also shows a strong dominance to discipline members of community to adhere to state regulations. However, the discourse on adat also provides an illustration of how adat can be used as a differentiating strategy in everyday customary practices. In performing an ethnographic study in Tenganan Pegringsingan, a community that in colonial literature is referred as “Bali Aga”, this article investigates how adat is shaped and deployed by various actors to define their identity and reposition themselves in the dominant discourse of southern Bali. This article challenges the general assumption that after the Reformation, the adat revival movement was carried out to achieve recognition and gain protection from the state. This article instead shows that the indigenous movement in Bali tend to come out of the grip of the global indigenous movement. The movement that was constructed does not correlate with the global indigenous movement. The article argues that the Tenganan people only used self-identification strategies to emphasize the differences in their group's position in Bali.

Perubahan Sosial Budaya Masyarakat Kasepuhan Adat Banten Kidul-Kabupaten Sukabumi

The Kasepuhan Adat Banten Kidul in Sirnaresmi Village is a traditional society that still holds the legacy of their ancestors. Along with the development of incoming science and technology, gradually this traditional Kasepuhan society experienced a cultural change. Cultural changes that occur as a result of the challenge and response of Kasepuhan adat community to new things so that there has been acculturation of culture.The purpose of this study is to find out how the general description of Desa Sirnaresmi and to know the cultural changes Kasepuhan Adat Banten Kidul people in the Village Sirnaresmi District Cisolok Sukabumi.The method used in this research is historical method. Historical research model is a method that studies events and events in the past based on abandoned sources. This research method is done through four stages, namely heuristic, critic, interpretation, and historiografi.The results of the research in the field can be concluded that there has been a cultural change in Kasepuhan Adat Banten Kidul in Sirnaresmi Village, Cisolok Subdistrict of Sukabumi Regency, this is indicated by changing aspects of language, technology, livelihood, religious system, community system, knowledge and art system. Changes in the culture of Kasepuhan Adat Banten Kidul in Sirnaresmi Village occurred significantly in the early 2000s, when it was repaired by road facilities connecting with the Kecamatan center and after the entry of electricity in the area. The existence of more adequate facilities, making the Kasepuhan Adat Banten Kidul more intensely interacting with the outsiders and the indigenous people of Kasepuhan have been able to follow the development of the outside community. The Kasepuhan Adat Banten Kidul, which is a traditional society that still preserves its ancestral tradition, initially did not respond positively to the new things but gradually they began to follow. This is further supported when the entry of the telecommunications network, so that interaction with the outside community is increasingly massive and make the indigenous people of Kasepuhan has started to leave the tradition of her ancestral heritage because it replaced by incoming outer culture. Acculturation between indigenous cultures and outside cultures that enter, create the birth of a new culture. Subastansial things begin to be abandoned and replaced by a new culture that comes from outside and is considered more modern.

KOMUNIKASI POLITIK DAN EKSISTENSI ADAT

In Banten, traditional elites who frequently appear in every political event besides religious leaders (kiai) and jawara are pemuka adat (community leaders) in Kasepuhan Banten Kidul. In the era of decentralization and regional autonomy and along with the implementation of direct elections and regional elections, the involvement of adat leaders by political power and power has also increased. Not only as spiritual advisers, but also as actors of political communication for the sake of certain political forces and powers. In the perspective of the theory of social action, the involvement of the adat leaders as political communicators is a form of social action or is also called a rational action that has a goal to achieve. This goal refers to two things. First, the role and involvement of the adat leaders in Kasepuhan Cisungsang as political communicators is based on the awareness of making changes in the community which is motivated by the marginalization and neglection of development in their region due to the regulation and impartiality of the government. Secondly, the role and involvement of adat leaders as political communicators has a meaning as an effort to uphold the existence of adat due to marginalization and impartiality as well as an influence to government policies that can have positive implications for the development and welfare of the community, including in terms of legal recognition by the state in the form of regional regulations (perda).

Integrated Water Resources Conservation Management for a Sustainable Food Security

Many of Indonesia’s watersheds are reaching a critical stage. As a result of higher rates of erosion and sedimentation, the number of critical watersheds in Indonesia has increased from 22 in 1984 to 58 in 2000 and in 2014 this number has reached 108. This result in food security is being threatened because there is insufficient water available for agriculture purposes due to catchment degradation, especially in the upper parts of the watersheds. At the same time, Indonesia’s new government focused its national development programs on food security for the next five years. For these reasons Indonesia’s National Development Planning Agency believes that it is timely to develop a national policy on Integrated Water Conservation Management (IWCM). To provide the rationale and suggested content for such a national policy, this paper has been prepared based onfocused group discussions with relevant interests at the national and regional levels. To obtain specific input from regional stakeholders, workshops were held in Medan, Yogyakarta, Banjarmasin, Nusa Tenggara Barat and Makassar as well as line agencies based in the state capital of Jakarta from October 2014 to March 2015. At the landscape level, the formulation of national policy on IWCM was based on integrated watershed management analysis as water resources within a specific watershed are integrated into other resources within an ecosystem. This action research recommends the following: a) integrating the IWCM into the regular regional development activities, b) encouraging local agreements on water resource conservation including local adat communities, c) formulating attractive economic incentives in implementing IWCM programs, d) using corporate social responsibility and payment for environment services funding to boost water resource conservation program at village level, and e) involving actively women in the IWCM programs. Considering that socio-cultural aspects are also playing an important role in the IWCM, a national-level of institutional arrangement on IWCM will also be proposed. Keywords: IWCM; food security; green and blue water; watershed; institutional arrangement; Indonesia

Striving for PAR excellence in land use planning: Multi-stakeholder collaboration on customary forest recognition in Bulukumba, South Sulawesi

Decentralization has enlivened new, bottom-up approaches for forestry governance in Southeast Asia. In Indonesia, social forestry and adat (indigenous) rights have come to the fore. The landmark 2013 Constitutional Court decision MK35/2012 allows adat communities greater control over their traditional forest areas. MK35 is the subject of much attention in national debates on forest devolution, but many questions remain about implementation. This paper examines a unique case of MK35 implementation through a local regulation involving the Kajang adat community of Bulukumba, South Sulawesi. We highlight participatory action research (PAR) processes and methods, such as participatory mapping and survey “ground truthing,” which built consensus around vital, contentious policy questions such as the extent of the adat forest. Findings suggest that PAR, albeit time-consuming, is a robust approach for fostering complementarity between stakeholder groups and decision makers in bottom-up land use planning and management.

Indonesian Land Rights and Development

Indonesia’s traditional land tenure system, called adat, satisfied the needs of many generations, but did not provide certainty or formal legal relationships conducive to development. The post-independence government has sought to mold the existing system into a more modern form that would better aid its development and has at the same time, sought to maintain control over the country’s natural resources, each to the disadvantage of local communities. The agrarian reforms that were passed created a dual system of law, and resulted in conflict between traditional rights and the modern, western-influenced, interests and purposes of the state. The lack of title registration has been a continuing impediment: the complex procedures, the time, and the cost of securing registered title has been beyond the capacity of many landowners. In dealing with the mix of laws and customary rights and the lack of clear titles, it is the practice of lenders to give a small level of value to land as collateral, not nearly as much credit as would be given in a more modern system. Character counts more than collateral for land users seeking financing. But registration is now coming. The new, technologically advanced, mobile LARASITA registration system recently created, is an important innovative step that is moving the country in a positive direction.* We begin, in Sections I and II, with a brief discussion of the current political structure in Indonesia and of Dutch and British rule. Section III looks at the customary law, called adat, and how it has been affected by Islamic law and European rule. Sections IV and V provide an overview of the central tenants of the Basic Agrarian Law Number 5 of 1960, the centerpiece of the national legal effort to modernize the adat land tenure system. Section VI focuses on the national government’s use of the Basic Forestry Law of 1967 to classify over 69% of the nation’s land as forest. This has the effect of frustrating the ability of local adat communities to farm large swaths of land. The Indonesian land titling system is discussed in Section VII. Section VIII focuses on important regional variations in adat and land titling and juxtaposes two regional variants – that of the Dayak people of Kalimantan, with their relatively less modern system, and the heavily sharia oriented system in Aceh. Section IX discusses the importance of land titling for access to financing. Then Section X looks at the new LARASITA land registration system, which, with its modern tools and thinking, is dramatically increasing land registration in substantial parts of the country. * The original form of this article was done as part of the Sidley Austin LLP Africa-Asia Agricultural Enterprise Pro Bono Program. The Sidley Austin program provides free legal support to small and medium sized agricultural-related enterprises and developmental non-governmental organizations in Africa and Asia. See http://www.sidley.com/Africa-Asia-Agricultural-Enterprise-Pro-Bono-Program/.

FINDING A FAIR LAND DISPUTE SETTLEMENT MECHANISM BETWEEN ADAT LAW COMMUNITY VS. INVESTOR

Land utilization for investment in local areas raises various land related problems that ends with conflicts within the community. A conflict that occurs, usually begins with the management of communal land “ tanah ulayat ” within the adat law community environment, and in this case, land utilization that is managed by the third party (investors). The basic problem is the difference of perception and expectations toward the company that exists in the land which is claimed by the community. Both parties have their own claim on the land based on each legal systems, in this situation adat law or local law faced with state law which is used by investors. So far, the Indonesian government has yet to have legal grounds in giving a directions for land dispute/conflict settlement mechanism. This paper attempts to give an input regarding a land dispute settlement mechanism that can be accepted for all disputing parties. The paper features critical analysis using legal pluralism approach towards related government policies and technical regulations in the ministerial level. These regulations, among others are, Minister of Agrarian Regulation No. 5 of 1999 on the Guidance for Dispute Settlement of Communal Land Rights, and Ministry of Agrarian and Spatial Affairs Regulation No. 9 of 2015 on Procedures of Appointment of Communal Land Rights for Adat Law Community and Communities Located in certain regions, also the draft of Law regarding Recognition and Protection of Adat Law Community.

STRATEGI PEMBERDAYAAN MASYARAKAT MELALUI PENGEMBANGAN KAPASITAS KELEMBAGAAN KAMPUNG ADAT DI KABUPATEN SIAK PROVINSI RIAU

This paper will examine the strategies to empower the Kampung Adat community through the development of institutional capacity in The Regency of Siak. The Regency of Siak is one of the districts that have established Desa Adat territory. Based on the Siak District Regulation No.02/2015 specifies eight Kampung Adat located in the district of Siak. Regulation for Kampung Adat setting in Siak district has gone through a long process started from; First, the opportunities of formation the Kampung Adat after the issuance of Law No. 6 2014 about the village. Secondly, the formation of team to determine and the establishment of Kampung Adat. Third are socializing, inventarization, identification and assessment as well as recommendations from the Regent. Fourth is the release of regulation of Kampung Adat in Siak district, Fifth is getting the Registration Number from the Provinces and Sixth is getting Kampung Adat Registration Code from Ministry of Internal Affair. But there is a hiatus periode on the process of determination of Kampung Adat in Siak district due to several things, such as yet issuance of Kampung Adat Code from the Ministry of Internal Affairs, the lack of regulation related provincial level Structuring the Kampung Adat, and the lack decree as technical guidelines for the process of reviving traditional village. Siak district government through BPMPD address this hiatus conditions with suggestion to the administration of the Kampung Adat and Adat leaders in particular to immediately arranged a draft form of village institutions or Adat regulations until provincial regulations and codes of Kampung Adat officialy released. This strategy is to accelerate the progress of forming the institution of Kampung Adat and to avoid longer hiatus on establishment. Strategy of community empowerment through the development of institutional capacity both government institutions, community organizations and traditional institutions have been prepared by the Government of Siak, it can be seen from the activities that are directed to the strengthening of the institutional capacity of government Kampung such as: capacity building for the selected Penghulu, The chairman LPMK and Chairman BAPEKAM for periode 2015- 2021, Bimtek government, kasi PMD districts and porters for all Siak Region, as well as coaching the village headman, the head of customary, traditional institutions chairman and chief BAPEKAM for all Siak Region. But then again BPMPD is not yet specifically arrange the activities to directly relate to the Kampung Adat because of the code for Kampung Adat is not yet obtained. At the level of Village Institution has also drawn up a planning document for development and have incorporated programs related to community development and empowerment, but still using the previous nomenclature which is Village.

Rule of Law and Human Rights Challenges in South East Asia: A Case Study of Legal Pluralism in Indonesia

It has been over 70 years since Indonesia proclaimed her independence in August 1945. However, the 350 years of the Dutch colonialism is still impacting the lives of the Indonesian people. The difficulties faced by the Indonesian legal system as the government tries to accommodate adat (custom) and religious principles within the national law and the extent to which this legal mechanism affects the everyday life of the Indonesian people, from the legal perspective are the main issues this paper endeavors to deal with. Although a great majority of the Indonesian people rely on Islam and customs to go about their everyday problems, the 1945 Constitution (abbreviated as UUD’ 45) through its article 1 section 3 states that “Indonesia is a rule of law country”. However, room is also made through article 18b section 2 of the same constitution to grant certain recognition to religious law and customary law (referred to as adat law hereafter). In a nation where customs and religion are so preeminent, setting up an all-inclusive document meant to be the foundation of the state’s legal system at the dawn of independence was no easy task. Consequently, the 1945 Constitution of the then newly formed republic, through these two articles (article 1 sect. 3, and article 18b sect. 2) officially set the stage for a pluralistic legal system: one based on the Western legal tradition and the other driven by religious and adat principles -- the folk way. This study discusses the practice of legal pluralism and the rule of law in Indonesia, and thus involves socio-legal research drawing on empirical data. Survey research was conducted between September 2014 and February 2015 at Utrecht University, the Netherlands, as well as in 5 cities in Indonesia (Aceh, Bali, Batam, Medan, and Padang) to collect data. The research population consists of academics, adat community leaders, Parliament members, NGOs and students. The research reveals that legal pluralism is not helping strengthen the Indonesian legal system, and that the foreignness of the Western law along with the neglect of the Indonesian customary and Islamic laws, totalitarianism and military involvement in politics, corruption within the state apparatus and unsynchronized laws are some of the major threats to the rule of law and human rights (as specified in article 28 of the 1945 Constitution) in Indonesia.

Gaining recognition through participatory mapping? The role of adat land in the implementation of the merauke integrated food and energy estate in Papua, Indonesia

Participatory mapping has recently become an instrument used by NGOs to advocate for adat (customary) land in Indonesia. Maps produced from participatory mapping are expected to support legal recognition through land formalization or titling. In order to stop land grabbing through the Merauke Integrated Food and Energy Estate (MIFEE) project, this strategy has also been applied in Merauke district, Papua. However, the pitfalls of communal participatory mapping have brought negative impacts to adat communities. This paper analyzes the land grabbing and mapping processes in three villages in the MIFEE area to show the unexpected consequences of participatory mapping. These mapping processes have caused fragmentation and conflict among adat communities. Furthermore, the legal recognition of communal adat land ownership is facilitating the buy-out of adat land by companies and/or the state.

PENGUATAN KEDUDUKAN PRANATA HAK SERVITUT DAN HUKUM BERTETANGGA DALAM YURISPRUDENSI

The Constitution has laid the foundation of checks and balances amongst the main state organs namely the executive, the legislative and the judicial power. This order as a guideline in the state and society, till the Village level and within groups in the village such as the Neighborhood and citizen groups. Servitut Rights and neighbors law answer challenges of development of human settlements sustainably and resilient. Servitut rights as a property rights regulated in Neighbor law book II Indonsian Civil Code of 1848 or in adat law term called easement (hak melalui tanah orang lain) which known by adat community entity is not older than the easement is recognized by customary law in almost adat law community entity throughout the territory of Indonesia. The servitut right is the easement of yard (erfdiensbaarheid) or burden to rest on the grounds that one for the benefit of the another yard such that the owner of the yard were crushed should let the owner of the yard oppressor to pass through, drain the water (clear) on it, take view out through the window etc. This devotion land does not end with the death or replacement of yard owners concerned (Article 674 of the Indon. Civil Code). There are still remnants of feudalism and colonialism in tribal society, reflecting the concrete cases in the community there is disturbance against the rights of servitut with vigilante, then the rule of law invoked repeatedly and generating permanent jurisprudence. Kedudukannya hak servitut tidak tergoyahkan dengan adanya UUPA 1960 yang mengatakan semua hak atas tanah mempunyai fungsi sosial dan hukum adat dijadikan dasar dari hukum agraria nasional. The position of Servitut rights is impregnable with the Basic Agrarian Law 1960 (BAL) that says all rights on land has social functions and customary law form the basis of the national agrarian law. In Article I point 6 of BAL No. 5 year 1960 proves Indonesia is in a row of civilized countries that accommodates this legal institution. Jurisprudence confirm customary law as a living law as well as the Civil Code 1848 according to Supreme Court Circuler of 1963 treat as unwritten customary law in order to prevent the legal vacuum and reaching the objectives of the law. Jurisprudence has been recognized as one of the legitimate source of law in the Republic of Indonesia. Indonesian Judges have shown its class in the world of justice, who did not want to look different in servitut rights issues which is an universal phenomenon. Almost all civilized countries of the UN members have recognized the existence of this institute servitut rights, both in the Code book as well as in its jurisprudence. Servitut rights institution is rooted in the common law ius commune since Roman Empire, which can not be ignored, despite overall individualistic Roman law, but in particular there are elements of social function. Servitut (lat.) is accommodated into the book of the law in almost all countries in the world, through colonialize, import law, voluntary transplants in the law of one self. Boedi Harsono, as nationalist and socialist thinker and R. Supomo as father of Indonesian customary law and by youth in 1928 is regarded as a national law with the smooth call it "right through another person's land" which is also known by the common law. The permanent Jurisprudence remains threngthen unwritten norm servitut rights or land rights through anothers person’s land showed the class of Indonesian Judges comparabele with justices of developed nations in assessing this servitut rights. Implementation build without displacing has been regulated in Law No. 4 year 1992 art. 22-32 and Act No. 1 year 2011 on Housing and Settlement Region art. 106-113 law institute land consolidation, which is compatible with the institute servitut right and reconfirmed the servitut. Implementation, if one developer alone could make the plot and make the land ready to build cosolidate up to 6,000 ha orderly development of land, so a province or a local government / city are challenged to be able to hold up to 6,000 ha of land consolidation to reduce the backlog and combating land speculators. For the assessment of achievement of the Governor / Regional Office of BPN how long had a special local street, public street or road of servitut rights through land consolidation and how many special streets that have been submitted become public streets.Keywords: Reinforcement, top notch institutions, rights servituut

PERBATASAN NEGARA DALAM PERSPEKTIF SOSIAL: Studi Perbatasan RI - Timor Leste

This article attempts to portray a picture of the cultural dimension in managing the boundaries of Nusa Tenggara Timur Province (NTT). The social dynamics of the culture of people at the boundary can be seen from the history of the formation of the boundaries, the dynamics of relationships between ethnic groups in districts adjacent to boundaries, and from social-cultural relationship problems that occur at boundaries. The conceptual framework used is that of a shift in the meaning of boundary from conventional social perspectives and approaches which emphasise the presence of a people’s and a state’s identity and control of the population, towards a post-modern approach which explains the appearance of globalizing agents at the boundary. Based on the results of interviews with a number of informants and a study of the literature, this study puts forward the proposition that the representation of the adat (customary law) community in the governing body of the state border is absolutely necessary to protect the basic rights of indigenous peoples who settled in the boundary area. Conventional border management, namely the traditional restriction of crossing boundaries, tend to put the state in violation of customary law that unites the two community cultures in colonial times.

TINJAUAN YURIDIS ASAS-ASAS UMUM PEMERINTAHAN YANG BAIK SEBAGAI DASAR PEMBATALAN KEPUTUSAN TATA USAHA NEGARA DALAM KAITANNYA DENGAN PASAL 53 AYAT (2) UNDANG-UNDANG NOMOR 9 TAHUN 2004

Badamai at Banjar Adat community is the implementation of Islamic moral value that have always taught the way of peace or islah in resolving a dispute. Badamai in inheritance disputes prevalent in Banjar society islah way. Similarly in the case of dispute resolution such as divorce marital reconciliation, separate beds (barambangan), including the division of joint property badamai finish (treasure continence) during the marriage in the event of divorce or because of divorce life, this is often done by attempting to reconcile through roles (hakamain). The results of this research are: (1) the division of the community estate in Banjar performed usig an agency called islah, which is essentially the institution determines each part of the theirs and other beneficiaries by consensus. In the role of institutions islah master teacher and close relatives are parents is crucial. Therefore there is the role of master teacher, then the provisions of Islamic aw into their benchmark. But under normal circumstances (no inheritance dispute) the division of inheritance is done varies, at least in two ways, Fara’id-Islah ad second Islah way, and (2) how to completion of the distribution of the estate is done in a family that is by agreement of the heirs based on a custom badamai valid for the Banjar, a wise solution to address the differences in economic conditions heirs. Waris Distribution Agreement in principle heir to the principle of division of real kinship is based on the belief of the scholars of fiqh that matter the beneficiary is an individual right which shall have the right to use or not use its right, or use their rights in a particular way while not harming others in accordance with the standard rules apply in ordinary circumstances.

KARAKTERISTIK KEDUDUKAN HUKUM AHLI WARIS KHUNTSA BERDASARKAN ADAT BADAMAI MASYARAKAT BANJAR

Badamai at Banjar Adat community is the implementation of Islamic moral value that have always taught the way of peace or islah in resolving a dispute. Badamai in inheritance disputes prevalent in Banjar society islah way. Similarly in the case of dispute resolution such as divorce marital reconciliation, separate beds (barambangan), including the division of joint property badamai finish (treasure continence) during the marriage in the event of divorce or because of divorce life, this is often done by attempting to reconcile through roles (hakamain). The results of this research are: (1) the division of the community estate in Banjar performed usig an agency called islah, which is essentially the institution determines each part of the theirs and other beneficiaries by consensus. In the role of institutions islah master teacher and close relatives are parents is crucial. Therefore there is the role of master teacher, then the provisions of Islamic aw into their benchmark. But under normal circumstances (no inheritance dispute) the division of inheritance is done varies, at least in two ways, Fara’id-Islah ad second Islah way, and (2) how to completion of the distribution of the estate is done in a family that is by agreement of the heirs based on a custom badamai valid for the Banjar, a wise solution to address the differences in economic conditions heirs. Waris Distribution Agreement in principle heir to the principle of division of real kinship is based on the belief of the scholars of fiqh that matter the beneficiary is an individual right which shall have the right to use or not use its right, or use their rights in a particular way while not harming others in accordance with the standard rules apply in ordinary circumstances

The Fight over the Forest

Since the fall of the authoritarian Suharto regime in Indonesia, the role of local communities in managing forest resources has been the subject of intense debate. Though the State has long asserted its authority over the country’s forest estate, local communities contend that they are the rightful owners of millions of hectares of forests, which they say has been true for centuries according to the customary rules of use, or adat. This article describes the evolution of the concept of adat beginning in the colonial era and continuing through to the present day, describing how adat has been manipulated by centralizing forces to facilitate central government control over natural resources. This discussion takes place in the context of Kerinci Seblat National Park, a large protected area on the island of Sumatra, and describes the various systems of adat found in the communities surrounding the park. The article describes how these systems have been affected by various centralizing regimes, as well as how the central government has attempted to impose resource management policies and priorities on local communities. The interaction between the central government and adat communities has in many cases led to increased environmental degradation.

DILEMA PEMANFAATAN TANAH ULAYAT UNTUK INVESTASI DI SUMATERA BARAT PADA NORMA DAN IMPLEMENTASI

The Communal Right to Land (Hak Ulayat), both as the economic source and communal identity, should be empowered and be protected. This research studies the regulation of the utilization of Tanah Ulayat for the interest of investment and finds the root of its conflict in West Sumatera. The result of the research concludes that there is no both horizontal and vertical synchronization in regulating of Tanah Ulayat. The regulations that have been enacted by DPRD and governor of West Sumatera are not in line with the Adat and Custom of Adat Community. Those regulations are also far from an ideal regulation and Syariah (Islamic Law), while the root of the conflict is the inconsistence between the regulation of Tanah Ulayat and its implementation which ignore the contract

Taman Nasional, Hak-hak Masyarakat Setempat dan Pembangunan Regional

The management of natural resources is authorized with local regulations when dealing with forest community and legal law including some parties from outside of particular forest area. The two contrasts between the local and national regulations have frequently taken place as result of conflict of interest. Therefore some questions arise: how is the development of such conservation areas meet with the local regulation or adat? Is the activity to make use of the resources by the community remains possible? To response to the question the writer would like to argue that assessment of how a national park management interact with local regulations and hak ulayat or communal rights, one should aware of the contexts of their interaction as well as the following aspects: historical, adat law, economical, institutional and the dynamic of local politics. These have to be emphasized since the national park policy in Indonesia can be seen as the manifestation of state territorialization which results in the marginalization of adat community. All parties' interests in natural resources are consider as national citizen and legally authorized to manage or exploit the resources inside the country's territory. Cases from the four national parks observed concluded that even when they live in around the parkas indigenous, they are not automatically awarded their traditional rights or access to make use of the parks. Key words: national park; territorialization; 'masyarakat adat', natural resources management.

THE LEGAL STANDING OF THE ADAT COMMUNITY OF YAWAONAT AS A PROPOSER IN THE MATERIAL EXAMINATION OF THE ARTICLE 20 LETTER A OF THE LAWS NUMBER 21/2001 IN THE CONSTITUTIONAL COURT

The substance of legislation is a written legal norm which has a binding and constant legal power. Substantially, the Article 20 section 1 letter a of the Laws Number 21/2001 has violated the constitutional rights of the adat community of Yawaonat. In this connection the adat community has made a proposal for material examination against Laws Number 21/2001 to the Constitutional Court. This study describes the rights of the adat community in accommodating outsiders (non-Papuan people) to become the Native of Papuans based on the adat law which has been accommodated in the Laws Number 21/2001. The material examination conducted by the Constitutional Court decided that the significance for recognizing outsiders to become the Native of Papuans if it is not well signified will create constitutional losses for outsiders who have been recognized as the native Papuans and can harm the constitutional rights of the adat community. This is a normative legal study. The legal sources employed for this study was the legal primary and secondary sources. The analysis was done systematically and interpretatively with juridical evaluations. The legal standing of the adat community of Yawaonat as a proposer in the session of the Constitutional Court is based on the specifications of Article 51 section 1 of the Laws Number 24/2003 with reference to the Laws Number 8/2011 concerning Constitutional Court. The rights of the adat community which is violated covers the constitutional rights given by the 1945 Constitution and the rights by Laws Number 21/2001

MARGINALISASI MASYARAKAT ADAT

Entering the 21st century this far, discourses of adat communities is resurfacing. They are presented because the peoples‟ basic rights and ownership over agricultural resources are disturbed and trembled by the greediness of the ruling regime. In the midst of their powerlessness they are expelled from their socio-cultural attachment, and even more they are wiped out from the population map of a nation. But every regime always bring their own interpretation that leads to the elimination of the recognition of indigenous peoples. Transition of regime to Indonesians does not necessarily change the mentality and the culture that have been firmly embedded (embeddedness), but rather the new regime acts, without any embarrassment and awkward feelings, as successor in the marginalization of the adat communities and inherently their agrarian resources. Actually it is a "misguided thought" of the regime over their own adat communities. The implication therefore indicates that it is a necessity that the existence of indigenous peoples means, at the same time, the recognition of social relations in the society, the nation and the state.

THE POLITICS OF RELIGION THE INVENTION OF “AGAMA” IN INDONESIA

“Agama” (English: Religion) is a heavily loaded word in Indonesia imbued with a simplistic view that the discourse of “agama” is especially about morality but which is also politically motivated by power interests. The simplicity of the argument is not that it is incorrect, but the valid questions here are: “what the meaning of “agama” isas informed by ethnographies of adat communities, historical archives, media reports, and Indonesian state policies?”This paper examines the ‘condition of possibility’ of the emergence of the discourse of “agama” in Indonesia. Foucault’s theoretical framework is used to investigate the invention of “agama” in Indonesia.Here I limit the discussion to the historical and sociological beliefs and practices that make “agama” possible and focus on “agama” as an operational category in Indonesian politics.This paper links the discourse on “agama” with the discussion of citizenship. Signicant inuence of the discourse of “agama” in the Indonesian systems of government, I argue, has become the most powerful force informing the concept of citizenship in Indonesia. The production of state’s denition of the term “agama” was a rupture marking the construction of a new ‘eld of control’ in the way in which it creates, registers, categorizes, and controls Indonesians’ citizenship; thus citizenship is reinforced or subverted by this specic meaning of “agama”.The formalization of “agama” and regularitiesof the formalized “agama” has consistently been appropriated to legitimate the adoption of every so often violent measures targeting religious minorities in Indonesia. This paper will also highlight the relationship between the discourse of “agama” and the political exclusion of religious minorities in Indonesia