Customary Rules Research Articles

Persepsi Masyarakat Islam Kejawen di Kabupaten Cilacap terhadap Implementasi Pasal 7 Ayat 1 Undang-Undang Nomor 16 Tahun 2019 tentang Perubahan Usia Perkawinan

This article discusses the perceptions of the Javanese Islamic community regarding the implementation of Article 7 Paragraph 1 of Law Number 16 of 2019 concerning changes in the age of marriage. This research originated from a judicial review filed by the Indonesian Child Protection Commission (KPAI), the Constitutional Court. The decision decided that Article 7 paragraph (1) is as long as the phrase "16 years". The Marriage Law is considered to be contrary to the 1945 Constitution (UUD) of the Republic of Indonesia (NKRI) and does not have binding legal force. Finally, the Constitutional Court finally granted a judicial review of Article 7 paragraph 1, this was because Article 7 Paragraph 1 was discriminatory and not in accordance with Article 27 Paragraph (1) of the 1945 Republic of Indonesia Constitution concerning equal rights before the law and the Child Protection Law which stated that boys -Men and girls have the same rights. The aim of this research is to determine the implementation of Article 7 Paragraph 1 of the 1974 Marriage Law in the Indigenous Anak Putu (ATAP) community in Cilacap Regency. The results of this research indicate that the implementation of Article 7 Paragraph 1 of Law Number 16 of 2019 concerning Marriage in the Kejawen Islamic Community in Cilacap Regency has been carried out as it should. Evidenced by the existence of a long process before the occurrence of the marriage contract. Apart from the procession, there are traditional rules that must not be abandoned, the Anak Putu Traditional Community also upholds the laws and norms that apply in Indonesia. So that in carrying out customary rules it is not intended to violate or get rid of state regulations. However, this is where the customary rules of the Anak Putu Tradition are carried out in tandem with state law. Keywords: Community Perception, Kejawen Islam, Changes in Age of Marriage

Multistakeholder platforms for integrated landscape governance: The case of Kalomo District, Zambia

Multistakeholder platforms (MSPs) that bring together a range of actors to collaboratively address land and natural resource governance issues are increasingly common in sub-Saharan Africa. However, the extent to which such platforms effectively harmonise complex social-ecological challenges and deliver improved outcomes is poorly understood. This study examines how MSPs across different scales of governance in Zambia have influenced and facilitated more integrated landscape governance. Based on literature review, policy document analysis and key informant interviews, we found that MSPs vary in form, function, influence and efficacity. Both formal and informal MSPs were found to enhance deliberative governance through the participation of key actors who contribute towards efforts to reconcile diverging and potentially conflicting interests. At the national level, MSPs benefit from broad actor presence and opportunities to lobby for policy and institutional change. Legally instituted MSPs at the district level provide a bridge between national policy development and local resource governance. Meanwhile, informal and formal local-level MSPs are strong in addressing resource conflicts and fostering community coordination and customary rules and regulations. However, local-level MSPs are less successful in influencing policy change due to weak linkages with formal governance institutions. These weak linkages between local and national governance levels have negative downward effects (i.e. poor policy performance and policies not taking root at the local level). We conclude that while MSPs offer the potential to improve stakeholder dialogue, deliberate feedback loops and enhanced linkages with other stakeholders at both district and national levels are needed to achieve more collaborative, equitable and effective landscape governance.

Reinterpretation (Translation) of the Customary Rules of International Humanitarian Law by the International Committee of the Red Cross to Turkish

Uluslararası Kızılhaç Komitesi’nin uluslararası insancıl hukukun örf ve adet hukuku kurallarının neler olduğunu ve kuralların gerekçelerini açıklayan çalışması, bunlara paralel olarak, yayınlandığı günden bu yana hem hukukun ne olduğunu bildiren hem de yerine göre hukukun nasıl gelişebileceğine işaret eden benzersiz bir işlev görüyor. Bu benzersiz işleve karşılık olarak çalışmanın parçası olan Kuralların, aralarında Türkçesinin de bulunduğu farklı dillere çevrildiğini görüyoruz. Bu yazıda, Kuralların Türkçe çevirilerinde genel uluslararası hukuka, uluslararası insancıl hukuka ve Komite’ye yönelik olarak yaklaşımımız doğrultusunda, zaman içinde karşılaştığımız kusurları elden geldiğince gidermeye ve anılan çevirileri telif etmeye yönelik çabamızın ürünü olarak Kuralların yeniden yorumunu sunuyoruz. En aşağıda satırlarını okuyacağınız Türkçe’ye yeniden yorum (çeviri); bu çabamızın ürünü olarak, Türkiye’de nitelik ve nicelik olarak artış gösteren uluslararası hukuk ve uluslararası insancıl hukuk doktrinine katkı sağlamak amacı taşıyor. Buna bağlı olarak, aşağıda önce, benimsediğimiz yaklaşım somutlaştırılacak; ardından, izlediğimiz yöntemi ve yöntemin somut sonuçları ve son olarak da Kuralların Türkçe’ye yeniden yorum (çeviri) metni paylaşılacaktır.

THE SACRED VALUES OF KERINCI ANCIENT MANUSCRIPTS AND OTHER ANCIENT MANUSCRIPTS IN THE WORLD

The aims of this study are to explore the sacred meanings in the ancient manuscripts of Kerinci preserved by the Kerinci indigenous people and their comparison with other ancient manuscripts in the world. This study uses a qualitative approach, with data collection using a purposive sampling technique on selected informants based on predetermined criteria. The results of this study indicate that the manifestation of the sacred values of the ancient manuscripts of Kerinci does not lie in the physicality of the manuscripts, but is believed by the Kerinci people to be found in the values of protecting or maintaining ancient manuscripts. The Kerinci people view the preservation of ancient manuscripts as sacred because they believe it is obedience to the results of an agreement, continuing the mandate, respecting the ikrar iyo (pledge), a form of obedience to the adjunct directions of the country's leader in this case the Depati, respecting the contents of the manuscript in the form of ancestral teachings and history, and are afraid of being exposed disaster, harm or disaster such as wasting the manuscript as harto pusako as a consequence of the responsibility that has been jointly acknowledged and bound by the iyo pledge. Some contextually sacred reasons have similarities with traditions in other places such as the value of trust, adherence to customary rules, ancestral teachings such as rituals, traditional ceremonies, certain religious teachings and ancestral history, and fear of calamity if ancient manuscripts are wasted.

Limits of competence of a forensic commodity expert in determining the characteristics of goods in cases of customs rules violation

Today, all goods, regardless of the country of origin, are subject to classification, that is, codes are determined for goods in accordance with the classification groupings specified in the UCC of the Economic and Monetary Union. Expertise on determining the conformity of the characteristics of goods according to the UCC FEA, regardless of the purpose of establishing the code, is only a means of establishing the circumstances of implementation, that is, the characteristics on which the definition of the goods code is based, but by its task it cannot support the adoption of a decision on the determination interpretation of the product code according to the UCC FEA. Understanding the correctness of drawing up an expert's opinion allows to avoid difficulties when conducting a forensic commodity examination.
 The classification of goods is carried out in accordance with the requirements of the UCC FEA and is a technique that allows to present the classified goods in the form of a group of signs (product code) established by this classifier. When conducting a forensic commodity expert examination, a commodity expert may not exceed his or her powers and go beyond his or her competence when answering questions about determining the characteristics of the object of research according to the code of the UCC FEA. In the course of a commodity examination, a commodity expert determines only the characteristics of the goods, and the UCC FEA code is not determined.
 The article clarifies the peculiarities of determining the UCC FEA code, explains from a practical point of view what is the work of a forensic expert in conducting this type of forensic commodity examination. The article provides recommendations for forensic institutions on how to resolve the issues raised by forensic commodity expertise and the correctness of drawing up an expert's opinion, since this allows avoiding difficulties in conducting forensic commodity expertise.

PRAKTIK PERTUKARAN UANG JEMPUTAN DALAM PERKAWINAN ORANG PARIAMAN DI KECAMATAN MEDAN AREA KOTA MEDAN

The focus of the problem in this study is how is the practice of exchanging pick- up money in pariaman marriages in the city of Medan and the social status of men whose nominal amount is determined based on the agreement of the two parties who consider each other until both parties agree on the nominal to be given to the man -man. This tradition can be changed or changed by deliberation. With the development of the times, this tradition is no longer as strict as it used to be, which requires the woman to give a sum of money to the man's family in accordance with the degree or social status in terms of education, work and income owned by the man. The method used in this research is descriptive qualitative research method. Data collection techniques were carried out using in- depth interviews, observation, and documentation. Data collection techniques were carried out by surveying directly to the research location in the village of Tegal Sari 1 and also from several sources of literature studies. Data were analyzed using social exchange theory according to Levi-Strauss. The results showed that the practice of pick-up money in Tegal Sari 1 Village, Medan Area District, Medan City, did not always follow customary rules but was adjusted to the needs and consensus of the family who carried out the exchange process. For example, in Pariaman, there is cello money for ninik mamak, but in the city of Medan, there is none because this depends on the agreement of both parties so as not to burden the women. Some people think that pick-up money is something that is important in relation to preserving customs, but there are also those who refuse to give pick-up money because it is considered unethical. Then, it seems that the provision of pick-up money in the context of the Minang Pariaman overseas in Medan city is largely determined by the social status of men, the higher the social status the man has, the greater the nominal pick-up money. Giving this pick-up money does not include the dowry, but this is the cost incurred by the woman to bring a man to enter the woman's family.

Persepsi Masyarakat Islam Kejawen di Kabupaten Cilacap terhadap Implementasi Pasal 7 Ayat 1 Undang-Undang Nomor 16 Tahun 2019 tentang Perubahan Usia Perkawinan

This article discusses the perceptions of the Javanese Islamic community regarding the implementation of Article 7 Paragraph 1 of Law Number 16 of 2019 concerning changes in the age of marriage. This research originated from a judicial review filed by the Indonesian Child Protection Commission (KPAI), the Constitutional Court. The decision decided that Article 7 paragraph (1) is as long as the phrase "16 years". The Marriage Law is considered to be contrary to the 1945 Constitution (UUD) of the Republic of Indonesia (NKRI) and does not have binding legal force. Finally, the Constitutional Court finally granted a judicial review of Article 7 paragraph 1, this was because Article 7 Paragraph 1 was discriminatory and not in accordance with Article 27 Paragraph (1) of the 1945 Republic of Indonesia Constitution concerning equal rights before the law and the Child Protection Law which stated that boys -Men and girls have the same rights. The aim of this research is to determine the implementation of Article 7 Paragraph 1 of the 1974 Marriage Law in the Indigenous Anak Putu (ATAP) community in Cilacap Regency. The results of this research indicate that the implementation of Article 7 Paragraph 1 of Law Number 16 of 2019 concerning Marriage in the Kejawen Islamic Community in Cilacap Regency has been carried out as it should. Evidenced by the existence of a long process before the occurrence of the marriage contract. Apart from the procession, there are traditional rules that must not be abandoned, the Anak Putu Traditional Community also upholds the laws and norms that apply in Indonesia. So that in carrying out customary rules it is not intended to violate or get rid of state regulations. However, this is where the customary rules of the Anak Putu Tradition are carried out in tandem with state law.
 Keywords: Community Perception, Kejawen Islam, Changes in Age of Marriage

The Process of Recognizing Indigenous Communities and Establishing Customary Forests in North Tapanuli

Indigenous people are communally entitled to customary forests and are referred to as having customary rights. There are structural inequalities and the distribution of land that the government hands over to large corporations rather than to Indigenous People. This study focused on (1) How is the process of recognizing customary law communities and establishing customary forests in the Toba Batak community in the North Tapanuli Regency after the Constitutional Court's decision Number 35/PUU-IX/2012 and how the interactions of various regulations implemented? (2) How do regulations interact when they are used as the basis for recognizing indigenous people and establishing their customary forests? (3) Why are customary rules and state policies still used in the process of resolving forest claim conflicts in issuing decrees for establishing customary forests? This research was conducted by collecting data through field observations, in-depth interviews, and gathering relevant data and documents. This study is expected to provide a better understanding of the process of customary identification and the establishment of customary forests in North Tapanuli, as well as provide input to the government and relevant stakeholders to enhance the protection and sustainability of customary rights and the management of customary forests in the region.

LEUIT SEBAGAI SIMBOL KEARIFAN LOKAL

Kasepuhan Citorek is centered in Citorek Village, Banten, West Java. The majority of the population are farmers. All harvested produces are only consumed as needed, so the excess rice is stored in a barn called leuit. Rice in leuits can last for more than ten years. This raises the question as to why the rice in leuits can last for so many years. This study aims to find out and explain the customary rules for using crops, the way to store and collect rice to and from leuits, and various aspects related to leuits, i.e. the accompanying traditions, forms, directions, materials, and procedures for making a leuit. This descriptive research used the qualitative approach. Results show that the high durability of rice stored in leuits is due to not only the leuit structure and shape, but also the prevailing rules for planting, harvesting, storing, and taking rice to and from a leuit. Moreover, there are also traditions such as warding off disaster, taboos, and special prayers. In this way, the “correct” treatment and quality of rice are ensured from the start so that the rice stored in a leuit can last for years.

PERUBAHAN SOSIAL BUDAYA SUKU BADUY LUAR: SEBUAH ANALISIS INTERAKSI ANTARA TRADISI DAN MODERNITAS

The Outer Baduy community experiences relatively rapid social changes due to their less strict customary rules compared to the Inner Baduy. The purpose of this research is to describe how the Cultural and Social Changes of the Outer Baduy Tribe occur: An Analysis of the Interaction between Tradition and Modernity. The method employed in this research is the Descriptive research method with a qualitative approach, using observation sheets and documentation as research instruments. Data collection techniques used in this study include interviews and in-depth observations of the Outer Baduy community. The data sources consist of primary and secondary data. Data validation is conducted through data triangulation, and data analysis follows Miles and Huberman's model, which includes data collection, data reduction, data display, and conclusion drawing. The research findings indicate that the most notable socio-cultural changes occur due to shifts in livelihoods from farming to trading and the use of electricity-requiring technology. These changes happen because of economic needs, leading the Outer Baduy community to choose non-farming occupations, such as tourism-related jobs or trading, to fulfill their needs and even make it their primary source of income. Consequently, the Outer Baduy community consciously accepts and understands the impacts of technological modernization, information, and communication, whether direct or indirect

The evaluation of a semi-automatic authoring tool for knowledge extraction in the AC&NL Tutor

This paper describes and evaluates the performance of a semi-automatic authoring tool (SAAT) for knowledge extraction in the AC&NL Tutor, highlighting its strengths and weaknesses. We assessed the accuracy of automatic annotation tasks (Part-of-Speech tagging, Name Entity Recognition, Dependency parsing, and Coreference Resolution) performed on a dataset of 160 sentences from unstructured Wikipedia text on a computer. We compared the automatic annotations to the gold standard, created after human post-editing and validation. Human-error analysis included 3769 words, 582 subsentences, 1129 questions, 917 propositions, 1020 concepts, and 667 relations. It resulted in the error type classification and the set of custom rules further used for automatic error identification and correction. The results showed that an average of 68.7% of the error corrections referred to CoreNLP performance and 31.3% to the SAAT extraction algorithms. Our main contributions include an integrated approach to the comprehensive pre-processing of the text, knowledge extraction and visualization; the consolidated evaluation of natural language processing tasks and knowledge extraction output (sentences, subsentences, questions, concept maps) and the newly developed reference dataset. 

« Aussy avant les filz que les filles, et les filles que les filz » : les droits successoraux des filles de famille dans la coutume de Liège et dans les actes de la pratique du xvie siècle

Summary « Aussy avant les filz que les filles, et les filles que les filz » : inheritance rights of daughters according to the custom of Liège and in deeds of the 17th century. – In the 16th century, the customary law of Liège, a middle-sized estate of the Holy Roman Empire governed by a prince-bishop, excluded daughters from inheriting censal property located outside the ‘franchise’ of the states’ cities. However, such property – lands and buildings subjected to cens and annuities (‘cens’ and ‘rentes’) – often constituted a significant part of the parental estate. Aware of the issue, and of the risks that the law might lead to situations of conflicts, including legal proceedings, between their children, many parents, together or separately, derogated from the customary rule in their will. An aspect which has more rarely been brought to the fore by legal scholarship, marriage contracts were also a means to divide the inheritance equally among children.

The European Commission's Glass Fibre Fabrics Investigation and the Boundaries Between Investment and Trade

AbstractIn a 2020 anti-subsidy investigation concerning glass fibre fabric (GFF) products from Egypt, the European Commission (EC) attributed the Chinese government's conduct to the government of Egypt in a way that raised a systemic question about the boundary between trade and investment. This article argues that despite some overlap between the boundaries of these legal disciplines, the notions of trade and investment remain conceptually distinct. Customary rules of interpretation dictate that World Trade Organization (WTO) covered agreements are construed as facilitating trade relations and no further. Hence, an extension of WTO subsidy rules to cover outward investment promotion measures using the principles of state responsibility is untenable. Such a unilateral approach disproportionately affects the interests of developing countries, harming their efforts to draw green investments. This article recommends that new, balanced rules be designed to promote outward investments while limiting adverse trade impacts.

SISTEM TEKNOLOGI PEMBUATAN GULA AREN DI KAMPUNG KUTA, KECAMATAN TAMBAKSARI, KABUPATEN CIAMIS

Abstract: The society of Kuta village has been preserving their local wisdom because their elders as well as their social order refer to customary rules that have been run for generations, either in preserving natural resources or cultivating lands. One of their local wisdoms is traditional systaem of technology to cultivate and to process palm trees. To the Kuta societypalm trees (aren, Arengata pinnata) are important part of their livesand they utilize almost every parts of the tree from the roots up to the fruiteither for daily life or ceremonyThey make palm sugar for offerings in ceremoniesand it is considered as energizer in daily lifeThe process of making palm sugar contains traditional knowledge of food preservation, tools maintenance and the philosophy of palm itselfThis research conducted by descriptive-analytic approach.

Methodology of identifying customary international law applicable to cyber activities

AbstractWhat is striking about recent scholarship on the application of customary international law to cyber activities is how little has been dedicated to the preliminary question of how one identifies the applicability of existing rules of customary international law to cyber operations. Yet, the answer to this preliminary question holds the key to answering many of the questions which arise regarding whether existing rules of customary international law apply to cyber activities. This article seeks to answer the preliminary question. After providing background on the nature of customary international law, and in light of recent scholarly trends and what is often implied in literature on cyber activities, it makes the argument that rules of customary international law are not interpretable. Accordingly, reference must be made to state practice accepted as law for the purpose of identifying applicable customary international law; the article provides guidance on how this should be done. For a precedent of state practice to be relevant to determining the existence of a customary rule applicable to a cyber activity, pursuant to the International Court’s jurisprudence, the precedent must not have significant distinguishing features from the cyber activity concerned. For determining whether a precedent of opinio juris recognizes the existence of a customary rule applicable to the cyber activity, it is necessary to determine whether the relevant state pronouncement intended to accept as law a rule applicable thereto. In anticipation of objections, the article also addresses the practicability of the approach laid out.

Customary Sanctions: Social Control of Rural Development

The whole community should be involved in rural development. However, occasionally, some obstacles cause a lack of community participation. Therefore, several aspects, like socio-cultural and customary practices, are utilized for the rural development of indigenous peoples. This study aimed to analyze customary sanctions' function as social control in rural development for the indigenous Pepadun community in Srimenanti Village, Negara Batin sub-districts, Way Kanan Regency. This field research used a descriptive qualitative approach. The primary data were collected from interviews and observations, while the secondary data were assembled from Statistics Indonesia and customary records owned by informants. Transcription and description were conducted for data processing and analysis. As a result, customary sanctions enforced by Members of the Indigenous Council (Anggota Dewan Adat) have an important role in the social control of deviant behavior through agreed Bia (Biaya Adat/Customary Fees). Additionally, customary rules also play a role in filling both physical and non-physical rural development of the skills in the rural government and customary administrators. These customary sanctions run on community participation in complying with agreed customary rules.

Growth and Development of Islam in Sumatra (Literature Review on the 3 Islamic Kingdoms in Sumatra)

<p><em>This research aims to understand the early introduction of Islam to Sumatra and the Islamic kingdoms in the region by examining the history of religious and governmental development in the area. The research utilizes a combination of literature review and historical analysis approaches. The findings indicate that 1) Islam has been present in this region since an early period. Muslim traders, preachers, and religious teachers from various regions such as Arabia, India, Persia, and China played a crucial role in spreading Islam in Sumatra. The Islamic kingdoms of Samudera Pasai, Aceh, and Minangkabau serve as evidence of the significant development of Islam in the region. 2) The history of Islamic development during the Islamic kingdoms in Sumatra is as follows: a) During the reign of Samudera Pasai, the kingdom became a center for Islamic studies and a gathering place for scholars from various Islamic countries to discuss religious and worldly matters. b) The Aceh Darussalam Kingdom became a center for the development of Islam in Indonesia during the reign of Sultan Iskandar Muda. In Aceh, the Baiturrahman Mosque, places of worship, and Islamic study institutions were built. c) During the era of the Minangkabau Islamic Kingdom, many aspects of customary practices that contradicted Islamic teachings were gradually eliminated, and the fundamental rules of customs were replaced with Islamic principles. The famous Minangkabau adage, "Adat basandi syarak, syarak basandi Kitabullah," means that Minangkabau customs are based on Islam, which in turn is based on the Quran and Hadith.</em></p>

“Determination of the legal status of current account contract in light of Jordanian Commercial law provisions.”

This research paper examined the legal status and characteristics of current bank account under Jordanian Commercial law Code number 12 of the year 1966. Despite the contradicting theories established to determine the legal status of the current account, it was found that characterizing it as a loan contract is the most suitable to its status and corresponds with the customary rules of current banking practice. Thus, the theory that deems current account as a loan contract is the most credible theory. It helps maintaining and securing the interests of both sides of the current account contract. The study finds that characterizing current account as a loan contract is consistent with its status and preserves the mutual interest of both parties to the current account (customer and bank).

Pergeseran Etika Tata Krama di Lingkungan Keluarga Suku Jawa Desa Mangga Dua Kec. Tanjung Beringin Kab. Serdang Bedagai

<p>This research uses a qualitative approach because it seeks to provide a description of the influence of social layers and age in shifting and applying customary rules such as manners and rituals to the Javanese community in Mangga Dua Village. While this type of research is philosophical sociology because the object under study is the community group with the continuity of interaction in it, the existence of an applicable value system, and especially the deroutine of the old value system and social reproducibility through the recurrence of social practices. The study revealed that; 1) the ethical values of manners in the Javanese family environment consist of, namely; a) tolerance, (ethics of understanding), b) prioritizing the process of developing self-maturity, c) attitudes and choices are determined by the expectations of society, d) good and bad are relative, e) being subtle, f) being prudent. As for the ethics of manners, the most important thing is to be selfless which means accepting his own place, and fulfilling obligations which means doing what each human being should do according to his place in the cosmos. 2) the forms of shifting etiquette ethics in the Javanese family environment of Mangga Dua Village, Tanjung Beringin District, Serdang Bedagai Regency, are as follows; a) manners in communication: people have rarely used Javanese in interactions between individuals in their daily lives. In addition, in the family environment, communication between parents and children is dialogue or discussion, compared to the past which is listening and obedient. b) manners in social interactions: in this case there are still old values that continue to be maintained to this day are still in force, although the rules in this manners are not as strict as in the past. c) dressing: the Javanese people in Mangga Dua village only wear kebaya clothes during certain occasions.</p><p><strong>Keywords</strong><strong>: </strong>Shift, Manners, Ritual.</p>

Analysis of Interior Elements on the Atmosphere of Interior Space in Cikondang Traditional House

This research aims to analyze the application of interior elements as an aspect of shaping the atmosphere or atmosphere of the interior space in the Cikondang traditional house so that it can be a reference for contemporary concept houses to get the same atmosphere or atmosphere of space. Cikondang traditional house is located in Cikondang traditional village, Lamajang Village, Pangalengan District, Bandung Regency, West Java. The Cikondang traditional house is made by following the rules of the applicable customs, as well as determining the interior elements. One example is that the building materials of the house use natural materials that grow in the prohibited forest and can only be used after passing a series of rituals. The method used in this research is descriptive analysis with data acquisition through observation and literature study. This research describes the application of interior elements such as lines, shapes, patterns, colors, textures (materials) and lighting which are factors that form the atmosphere of the space in the house. The results of this study are the application of interior elements such as lines, shapes, patterns, colors, textures (materials) and lighting in the space creating a spatial atmosphere that gives the impression of simplicity, safety, comfort, nature, and warmth resulting from the application of interior elements to interior elements namely floors, walls, and ceilings in Cikondang traditional houses.
 Keywords: Interior Elements, Room Atmosphere, Cikondang Traditional House