Adat Community Research Articles

Pemberian Karang Memadu Sebagai Sanksi Adat Untuk Mencegah Poligami di Desa Adat Panglipuran


 Pemberian lahan ”Tanah Karang Memadu” bagi mereka yang melakukan perkawinan poligami di Desa Adat Pengelipuran, Bangli adalah bentuk sanksi adat dari kearifan lokal setempat yang wajib dilestarikan. Sanksi adat ini telah terbukti mampu mencegah niat masyarakat untuk melakukan poligami. Dalam Undang-undang Nomor 1 Tahun 1974 yang sudah diubah dengan Undang-undang Nomor 16 Tahun 2019 tentang Perkawinan, ditegaskan bahwa perkawinan adalah ikatan lahir batin antara seorang laki-laki dengan seorang perempuan. Jadi asas yang dianut adalah asas monogami. Namun demikian tidak sedikit masyarakat karena alasan tertentu melakukan perkawinan poligami atau mempunyai lebih dari satu orang istri. Secara normatif, masyarakat adat Desa Penglipuran memandang berpoligami itu sebagai pelanggaran norma adat. Karena itulah bagi mereka yang berani melakukan poligami dikenakan sanksi keluar dari pekarangan desa, lalu diberikan tempat yang disebut sebagai “Karang Mamadu”. Penelitian ini menjawab permasalahan, bagaimanakah pelaksanaan sanksi adat Karang Memadu di Desa Penglipuran, dan apakah sanksi adat Karang Memadu terlaksana dengan efektif di Desa Adat Penglipuran. Jenis penelitian yang akan dipergunakan dalam jenis penelitian hukum emperis. Temuan hasil penelitian membrikan penegasan bahwa pemberian ”Karang Memadu” adalah salah satu bentuk sanksi adat yang mempunyai implikasi hukum sangat singinifian dalam rangka mencegah terjadinya perkawinan poligami atau “memadu”. Indikasinya adalah, sampai penelitian ini selesai dilakukan sama sekali “karang memadu” yang dimaksud belum pernah dimanfaatkan oleh mereka yang melakukan perkawinan poligami. Saran yang dapat direkomenasikan adalah, sanksi pemberian”Karang Memadu” ini agar dilestarikan untuk menjamin keteraturan sosial.

Positivisasi Syariat Islam di Aceh

Al-Qur'an and Sunnah as the revealed law is the main basis of Islam is to bring mercy to all natural and has become a lifeline beliefs and muslims especially the people of Aceh. Interpretation of Islamic Sharia through fiqh, which manifested in a kanun be sustained by engaging all community stakeholders. The formation, implementation, and enforcement of kanun in all areas of life (kaffah) performed fairly against any person who violated the undiscriminating social structure. Kanun improvements to address the growing state of society as a whole is done with due respect to the substance, structure, and culture (adat) communities. The values ​​of the benefit, harmony, and avoid kemudharatan should ensoul of siyasah syar'iyyah that the principle of purposiveness pensyariatan (al-maqashid al-syar'iyyah) and the principle of policy and laws (al-tasyri wisdom).
 

Between Control and Empowerment: Local Government and Acknowledgement of Adat Villages in Indonesia

The local government’s acknowledgment of adat (customary) communities and adat villages, as regulated in the Village Law 6/2014 , appear to signal an increasing recognition of adat law. However, the current acknowledgment practices and adat village formalizations have become areas of legal contestation between adat communities and state-national and local governments. Despite the resurgence of formal legal pluralism, those acknowledgment and accommodation mechanisms are double-edged. They involve control and empowerment as emphasized in Hellman’s framework applied to analyze the dilemma in a plural society regarding cultural politics. On the one hand, the acknowledgment and accommodation mechanisms conducted through an official process necessitate the fulfillment of a list of requirements set by the government (controlled). Thus, there is a possible drawback for an asymmetrical position between the formal institution (recognition giver) and the community (recognition recipient). Conversely, the mechanisms are used by adat communities as a means to gain the rights of self-determination. Thus, empowerment is realized, because most local acknowledgment regulations include obligations of protection by the state and local governments. This paper discusses the dynamics of legal pluralism in Indonesia using cases of local acknowledgment and adat village institutionalization in which adat law becomes an element in formalizing the communities’ existence and adat village format. However, a question remains regarding whether the central position of adat law in such a mechanism is merely applied to fulfill the acknowledgment and accommodation requirement or whether it actually strengthens its capacity.

The Urgency Of The Formation Of Village Regulations Concerning Customary Institutions In Creating Legal Protection For The Adat Community Of Ngadisari Village Sukapura Sub-District Probolinggo District

The existence of customary institutions in the village is important because it has a duty to assist the Village Government and as partners in empowering, preserving and developing customs. The Village Customary Institution can occupy its rank with official recognition from the Government through a Village Regulation. Ngadisari Village was chosen as the object of this research because it has its own uniqueness, this village has indigenous people who are still strong in maintaining the traditions of their ancestors' heritage. Meanwhile, Ngadisari village also has a customary institution that carries out customary functions and is part of the original village structure that grows and develops on the initiative of the village community. The research method used is a type of empirical research and using sociological approach. The order of village regulations regarding customary institutions in order to make Adat Institutions as an alternative to dispute resolution, maintain local culture and play a role in village development. In addition, this formalization effort is also needed to maintain the existence of customary villages, provide legal protection and help cooperation between traditional village institutions of Ngadisari and other village customary institutions. This is in accordance with the duties of the customary institutions in Permendagri Number 18 of 2018 concerning Village Community Institutions and Village Traditional Institutions.

PEMBUATAN AKTA/SURAT KETERANGAN WARIS OLEH NOTARIS BAGI MASYARAKAT ADAT BALI

The legal basis justifying the existence of notaries as public officials and a legal profession were Netherland-Indies laws. These colonial laws were, by virtue of Art. I Transitional Rules of the 1945 Constitution of the Republic of Indonesia (4th Amendment), taken over and considered to be still in force. Consequently, one of the public service offered by Notary publics, i.e., issuance of letter of inheritance or written affidavit stating which family members of the deceased may by law be regarded as heir-successor, has not been made available to Balinese adat communities. This service can only be enjoyed by those individuals who submit themselves to the (colonial) Civil Code. The article explores, using a juridical empirical approach, the possibility to extent the above public notary’s service to Balinese adat (traditional) communities.

PEMBUATAN AKTA/SURAT KETERANGAN WARIS OLEH NOTARIS BAGI MASYARAKAT ADAT BALI

The legal basis justifying the existence of notaries as public officials and a legal profession were Netherland-Indies laws. These colonial laws were, by virtue of Art. I Transitional Rules of the 1945 Constitution of the Republic of Indonesia (4th Amendment), taken over and considered to be still in force. Consequently, one of the public service offered by Notary publics, i.e., issuance of letter of inheritance or written affidavit stating which family members of the deceased may by law be regarded as heir-successor, has not been made available to Balinese adat communities. This service can only be enjoyed by those individuals who submit themselves to the (colonial) Civil Code. The article explores, using a juridical empirical approach, the possibility to extent the above public notary’s service to Balinese adat (traditional) communities.

BENOA BAY RECLAMATION: THE IMPACT OF POLICY-MAKING FOR SOCIAL AND ENVIRONMENT

Purpose: The purpose of this article to discover how policy-making that made by the Indonesia government related to the development of Bali Benoa Bay reclamation so that the environment around Benoa Bay stays sustain and the local community does not feel threatened by the development of Benoa Bay Reclamation, especially the Adat community.
 Methodology: This article is a result of legal studies using the normative juridical method. First, a complete, thorough, and comprehensive approach becomes the base in identifying the subject matter of the problem. Second, it is made to know and understand the policy in settling the problems in spatial planning from the legal aspect of (Seokanto & Mamudji, 1994).
 Main Findings: Policy change on Benoa Bay status affected social and environmental aspects. The policy that the Indonesia government made was led to a huge environmental impact on Benoa Bay. The status changed of Benoa Bay from a conservation area to an exploitation area can be a threat to the marine ecosystem and the migratory species, because in Presidential Regulation Number 54 the Year 2014 stated that it can develop reclamation in Benoa Bay.
 Implications/Applications: This study discusses theories about environmental law, and analyzes them against cases so that sustainable development can be achieved. Policy or decision making must base on the use of the best information and the best science available, and in some situations, it is appropriate regarding environmental, social, and cultural factors.
 Novelty/Originality of this study: As far as we are concerned, an environmental problem in Bali not particularly noticed in the development plan of the reclamation of Benoa Bay that caused by policy-making and the effect to the society and environment, this article is an attempt to viewed from a different side in addition to tourism in Bali.

Penerapan Sanksi Adat Kasepekang di Desa Adat Tanjung Benoa Kecamatan Kuta Selatan Kabupaten Badung

The customs and habits of the Hindu community in Bali are basically fostered, maintained, and led by an institution called Desa Adat, which is a village with a different position and function from the official village (government administrative village). There are regulations in the Balinese Traditional Village that must not be violated. If a violation is found, it will be given one of the sanctions, namely Kasepekang. Kasepekang is a Balinese customary sanction, where the recipient of the sanction will be excommunicated, exiled or terminated from activities in the village (Madesa). This is because the perpetrator has repeatedly violated the rules of the traditional village (outrageous), so that this sanction is deemed appropriate. If a person or group of village members is deemed to have violated legal norms, it is called “awig-awig” in the Balinese traditional language. This study aims to determine the application of customary sanctions as well as obstacles in the application of customary sanctions in the Tanjung Benoa Traditional Village, South Kuta District, Badung Regency. This research method uses an empirical method that is guided by data collection techniques by direct interviews with those who are competent using the receptio theory, the theory of receptio in complexu in the concept of a rule of law to examine the current phenomenon in the orderliness of the life of the Tanjung Benoa Traditional Village community which is based on regulations. Bali Region Number 4 of 2019 concerning Traditional Village. The results showed that the implementation of the Kasepekang customary sanctions in the Tanjung Benoa Traditional Village was carried out by the traditional leaders, namely Kelihan Banjar or Kelihan Adat with several stages in the form of giving advice (pitutur ayu), giving a warning (penglemek) to being excluded (Kasepekang) from the activities of community social organizations. banjar. It is hoped that people will become aware of and follow what the Banjar Adat community has agreed to do.

Rekonstruksi Otonomi Khusus Papua melalui Model Strategi Penta Helix Counterinsurgency (COIN)

The issues of Papua (Both Papua and West Papua Provinces) have been reached by international communities even though the government regulation; Law of the Republic of Indonesia Number 21, Year 2001, concerning Special Autonomy for Papua Province becoming a central issue as a problem solving to make a special treat for people in Papua internally. Whereas, the regulation is expected to make people in Papua develop political, economic, and cultural also resolving the insurgency problems among them. The arrangements of social and political, economy and budget are as a special treatment, only develop economy and infrastructure but it does not solve the conflicts until today. In this case, the Counterinsurgency (COIN) strategic model needs to be implemented following the appropriateness of national policy and the condition in Papua. This research used a content analysis method to reveal the causes of an un-optimal policy in solving the insurgency. Based on the four elements of COIN, only two elements exist; community and state elements. While the international community element and private sectors do not appear on the special autonomy legislation for Papua. As a reason, the COIN model appropriates with the condition of the people that include some elements; government, local community, the non-state, international community, and private sectors. Comparing to the United States of America (USA) model where the community is not included in the COIN element since the community as an object. On the other hand, it is different from China where military and political parties as important elements since the government decisions are supported by military force to solve the insurgency problem. This research found that civil and military cooperation in the model of COIN Papua after special autonomy is reflected by the existence of Local Government Leaders Communication Forum of Papua to face all situations that happened in Papua, both in security and emergency. Active coordination among governors, local legislators, Adat communities (customary), police, and army for COIN strategy needs special coordination to global communities openly that affect opinions on the people and private sector interests in Papua.

The Prohibition of Sampir Marriage in the Perspective of Maslahah Mursalah

Sampir marriages are marriages between men and women separated from the road, these marriages are prohibited according to the adat community of Kenteng Village, Toroh District, Grobogan Regency. This study aims to, 1) describe the prohibition of "sampir" marriage from the perspective of "maslahah mursalah", 2) develop knowledge in terms of Indonesian marriage law, 3) provide understanding to the village community in the village regarding the "prohibition of marriage of the sampir" perspective "maslahah mursalah". This research is an empirical study, or it can also be called field research that examines the tradition of prohibiting marriage in Kenteng Village, Toroh Sub-District, Grobogan Regency. This research includes empirical research. Data collection by observation, interview, and documentation. The author uses a qualitative method of deductive thinking in analyzing this problem, namely the process of approach that departs from general truth about a phenomenon or theory and generates that truth on an event that is characterized by the same phenomenon concerned. Overview of Islamic Law on the tradition of prohibiting marriages of sampir in Kenteng Village, Toroh Sub-District, Grobogan Regency, through the Maṣlaḥah approach, it is a mistake that the tradition contains an element of shirk because the community believes that sampir marriage will bring disaster to the perpetrators, the community always associates the disaster that befell the marriages of the sampir perpetrators. mate sampir.

Adat community and climate change adaptation measures: case of Kasepuhan Karang

Adat community (AC) needs for being adaptive to survive against the negative impacts of climate change and unexpected extreme conditions. They are very dependent on forest resources and practices of local wisdom to survive from various climate conditions. This paper aims to analyze the adaptation strategy of Kasepuhan Karang AC, Lebak District, Banten Province, towards climate change. Data are analyzed using descriptive analysis. The results show that the AC has no knowledge of climate change. However, the local wisdom reflected in their customary rules has until recently been able to make the AC to maintain their customary forest cover and manage its sustainably. They have never experienced a shortage of food and water, and are free from the huge flood disasters that hit several areas around it. This customary rule has proven that they are able to remain survived. But the increase of population and the development process has formed its own challenges. Their adaptation efforts are intended to improve the biophysical environment, expand business opportunities, and seeking breakthroughs in the use of their inherited land. Local wisdom is able to make AC survived, to anticipate population development, to adapt to climatic conditions and extreme conditions, and to make AC not being exposed towards climate change.

Transforming traditional management into contemporary territorial-based fisheries management rights for small-scale fisheries in Indonesia

Fisheries management rights (FMRs), such as territorial use rights in fisheries (TURFs), are a promising approach for fisheries management that, if implemented on larger geographic scales, may be able to reduce the risk of fisheries decline, particularly for small-scale fisheries (SSF). SSF are significant throughout Asia, Africa and South America for millions of fishers and supporting the livelihoods of coastal communities. This research evaluates the potential of TURFs as a management tool in Indonesia and develops this into a concept of contemporary FMRs. In Indonesia, the adat communities, i.e. those communities where customary tenurial claims are still practiced, acknowledged under law and respected by migrant communities, have been able to implement TURFs. In Maluku and West Papua regions, TURFs (≈customary marine tenure or petuanan laut) are possible because tenure rights are recognized and confer the essential TURFs elements of exclusivity and security. We investigate the potential for scaling up TURFs by transforming petuanan laut that has enabled the successful implementation of sasi laut, a traditional measure to regulate the utilization of marine resources, into modern FMRs, especially for SSF. Elements of policy reform, the use of science-based fisheries management principles, and data-limited stock assessment methods to inform adaptive management are also considered. We discuss the adoption of FMRs into relevant law to allow the scaling up of TURFs throughout Indonesia. The FMRs are conceived as a privilege granted by government to an entity or group that comes with resource stewardship responsibilities and should be revocable if they are breached.

The Impact of the Oil Palm on Adat Social Structure and Authority: The Case of the Medang People, Indonesia

Using a case study of the election of an adat head (kepala adat) in a Medang Dayak community in East Kalimantan, Indonesia, this study investigates the effect of large-scale oil palm land acquisition on the social structure of an adat community in terms of the ability of adat leaders to consolidate their positions within the social hierarchy. The findings highlight that the introduction of the oil palm to the community has weakened adat authority. However, it has also raised the community’s hopes that the ideal form of adat authority will still be able to handle internal tensions and external pressures.

Competition among actors and challenges of production forest management in Dharmasraya, West Sumatera

Management of production forest in Production Forest Management Unit Dharmasraya (PFMU), West Sumatra Province is very complicated. That is due to the many stakeholders involved in forest management and different interests. The research location was conducted in PFMU Dharmasraya and used a qualitative research approach. Data collection was carried out from January to April 2018 using key informant interview techniques. Data analysis used interactive models through three activity lines, namely: 1) data reduction, 2) data display, and 3) conclusion/verification. This study aims to see the interaction between stakeholders and the impact of competition of stakeholders on forest conditions in PFMU Dharmasraya. Results of research identified at least four stakeholders are directly involved in forest management in PFMU Dharmasraya. PFMU Dharmasraya as representatives of Government, Local community (Adat Community), the industrial timber plantation company (HTI), and forest encroachers who bought the forest from Local community/customary authorities. There are three types of interaction in the management of PFMU Dharmasraya, including cooperation, neutral, and competition. The result of the stakeholder competition occurred in the conflicts of forest ownership. Forest ownership conflict triggers each of the stakeholders to cut and claim the forest. As a result, deforestation occurred very fast in the last 15 years in PFMU Dharmasraya

Impediments to Establishing Adat Villages: A Socio-Legal Examination of the Indonesian Village Law

As adat revivalism has begun to influence regulatory, legal and administrative outcomes in Indonesia, adat (tradition or custom) has also found a place in one of the largest policy reforms reshaping Indonesia’s local governance systems: the Village Law. The 2014 Village Law includes a specific mechanism for villages to be recognised as ‘adat villages’. However, five years after promulgating this law, no adat villages have yet been completely established. In this article I take a socio-legal approach to examine the challenges of adat village establishment. A case study in South Kalimantan illustrates how the district government utilised the flaws in the legislation to undermine a customary community’s demand for recognition and to justify the stagnation of adat village establishment in their area. In a broader context, adat recognition through the 2014 Village Law tends to incorporate adat into the existing administrative village, instead of empowering the adat communities.

Adat Institutionalisation, the State and the Quest for Self-Determination in West Papua

In West Papua, which encompasses the Papua and West Papua provinces of Indonesia, adat has been codified as an integral part of decentralised governance and development policies. Unlike other places where adat has been institutionalised, the institutionalisation of adat governance in West Papua is marked by contestation not only between different forms of adat institutions but also by competing political ideologies of national liberation. By tracing the history of various institutional frameworks in which adat and ‘adat communities’ are accommodated by the state, and elucidating non-state institutionalisation, this article demonstrates how adat remains a political battleground for various political actors in West Papua, including the Indonesian central government and Papuan independence movements. My article argues that the case of West Papua sets the limit for Indonesian adat discourses particularly in addressing Papuan articulations of their indigeneity and in accommodating demands for sovereignty.

INSTITUTIONAL APPROACH FOR ADAT COMMUNITY EMPOWERMENT: CASE OF KASEPUHAN CIPTAGELAR IN WEST JAVA

Abstract
 This study aims to explain the application of institutional approach for adat community empowerment, through a case of Kasepuhan Ciptagelar. It employs qualitative research design, and finds that the implementation of adat community empowerment program did not improve the institutional capacity, especially persons and their structures. As a consequence, there are misunderstandings and conflicts of interest, especially related to forest and land management, between the adat community and the government. To be more effective, the government needs to increase the frequency of open dialogue with Adat institutions and people. The government also needs to consider the Adat values ​​and culture, and support the community initiatives by providing facilities and other supporting factors.
 Keywords: Adat Community Empowerment, Institutional Approach, Kasepuhan Ciptagelar

Institutional Activism: Seeking Customary Forest Rights Recognition from Within the Indonesian State

This article aims to explain why the adat movement activists in Indonesia could expand their campaigns for state recognition of adat community rights to activities from within the state apparatus. We argue that three combined processes have contributed to the conjuncture that made institutional activism possible: the preparation of the 2014 national election offered activists opportunities to influence the government agenda; the emergence of a conscious strategy for conducting institutional activism; and the coalitions between some key state officials and the movement’s actors. This article also analyses the problems that institutional activists faced, in particular resistance from influential actors at various government units who were not sympathetic to the adat movement’s agenda. Therefore, the impact of this activism on policy changes so far remains limited. The authors’ personal involvement in this case of institutional activism to promote customary forest provided access to the information for this article.

Strategic Framing of Adat in Land-Acquisition Politics in East Sumba

This article is about the strategic use of adat arguments in the politics of large-scale land acquisition. While customary (adat) communities are commonly depicted as small local minorities living in the forests and being guardians of the environment, in many situations such communities occupy a majority position within the district. Majority adat communities are internally differentiated into categories of actors with varying and conflicting interests. This article focuses on Sumba in eastern Indonesia, where state and adat powers are not opposed but historically aligned. We analyse how five common ways of framing adat in Sumba are currently being deployed in land-acquisition politics, in situations supporting plantation land acquisition or protesting against farmers’ land dispossession. We draw attention to what we call ‘strategic adat framing’ as a political activity. The article calls for analysing the historical and social context of local deployments of adat for understanding the impact of current government pro-adat policies.

The Role of Indigeneity NGOs in the Legal Recognition of Adat Communities and Customary Forests in Indonesia

The main assumption of indigeneity NGOs in Indonesia is that state recognition will strengthen indigenous peoples’ rights to their land and forests against ongoing or future dispossession. In Indonesia, legal recognition has become central to the approaches of indigeneity NGO campaigns, while the local realities and problems among indigenous communities seem to receive less attention. Has legal recognition of indigenous communities turned into a national NGO project that does not solve the communities’ land and forest-related problems? In this article, we compare two locations where communities have succeeded in obtaining state recognition. By focusing our analysis on the steps in the recognition process, from articulating community problems to eventually solving them, we show how indigeneity NGOs have had a dominant role, but achieved limited success. Instead of resulting in community autonomy and tenure security, the legal recognition process reproduces state territorialisation over customary forests and communities.