Customary Institutions Research Articles

Lembaga Adat Di Daerah Aliran Sungai Singingi

The existence of adat institutions is recognized in the government system of the Unitary Republic of Indonesia. This includes traditional institutions that exist at the village level. In the regulation of the Minister of Home Affairs No. 18 of 2018 concerning Village Social Institutions and Village Adat Institutions, it is stated that the village customary institution or other designation is an institution that carries out the customs function and forms part of the original arrangement of the village that grows and develops on the initiative of the village community. Singingi River Basin Formerly a kingdom called the Singingi kingdom which has a complete structure down to the country or village under its shelter. An interesting phenomenon is that the king in the Singingi River Basin is held by two people who have the title Datuk Khalifah. This study aims to explain history so that the emergence of two kings in the Singingi sect and describe the structure of traditional institutions in the country under its aegis. The theory used is the Geneological-Territorial customary law community alliance theory. The study used a qualitative method with the documentation method and was strengthened by conducting interviews with 8 informants and then analyzed through data triangulation. The research findings show that the Singingi river basin was formed based on geneological and territorial ties. The structure of adat institutions in each country modeled on the structure of adat institutions at the center of the kingdom, although there were variations in the application in each country.

STRENGTHENING INSTITUTIONS IN THE EFFORT ADAT CUSTOMARY LAW ENFORCEMENT IN ILLEGAL GOLD MINING AREAS AFFECTED

Revitalization of customary and legal institutions is very urgent for the sustainability of environmental. Environmental damage due to illegal gold mining has been very alarming which will have an impact on health problems and natural disasters (flooding). This happens regardless of economic problems mainly due to the stagnation of the prices of superior commodities in Kuantan Singingi Regency. other than that based on the results of observations of these researchers also caused by the weakening of customary institutions. The purpose of this study focuses on the customary institutions that exist in this area because in this sub-district they have traditional institutions in the form of people. This research method uses a qualitative approach with data collection techniques with interviews, observation and documentation. Data analysis technique with interactive analysis. The results of the study indicate that there is a weakening of institutional functions of customary law in preventing environmental damage. Whereas in the previous traditional institutions regulating the ways to manage the environment. Other findings of the local government reduced the role of adat in regulating their communities, whereas in some villages it was proven to be able to protect the environment by prioritizing the functions of traditional institutions.

MASYARAKAT HUKUM ADAT DATUK SINARO PUTIH PASANG SURUT KEKUASAAN ADAT DI TENGAH HEGEMONI NEGARA

The Bungo District Government issued Bungo District Regulation No. 9 of 2007 concerning the mention of the Village Chief to Rio, the Village Becomes Dusun and Dusun Being the Kampung has raised several fundamental problems faced by the Indigenous Government of Datuk Sinaro Putih. The problem is the existence of dualism at the level of village institutions, which is caused by the Role of Rio (Village Chief) who is so free to regulate all adat issues in the indigenous law community Datuk Sinaro Putih which has been regulated by Customary Institutions led by Customary Leader. The method used is descriptive qualitative method. Existence of Customary Law Society Datuk Sinaro Putih still exists. Because they were officially recognized by the Bungo District Regulation No. 6 of 2006 concerning Customary Law Society Datuk Sinaro Putih. They still have customary forests as the ancestral heritage of Datuk Sinar Putih. The Hamlet Government has replaced the power of Datuk Sinaro Putih in the field of general government. However, customary power is still held by Datuk Sinaro Putih, including control of customary forest areas. The descendants of Datuk Sinaro Putih make an effort to maintain their existence, including designing Village Regulations on the Customary Law Community Datuk Sinaro Putih and holding annual and five-year events in the form of traditional vows and traditional art performances in the traditional unit of Datuk Sinaro Putih.
 Keywords: customary law community, Datuk Sinaro Putih, customary power, state hegemony

UPAYA RESTRUKTURISASI KAWASAN HUTAN GUNUNG LIO KABUPATEN BREBES PASCA BENCANA TANAH LONGSOR BERBASIS KEARIFAN LOKAL MELALUI COMMUNITY DEVELOPMENT

The role of social institutions is very important as local wisdom because it can facilitate the community when planning, coordinating, and controlling activities to rehabilitate the environment. Local customary institutions also play a role in the development of rural areas, especially highland communities that function to build social capital: social, cultural, economic and environmental values, which are a wealth of local wisdom. By using social capital based on local wisdom, the community can rehabilitate forests with an effective local leadership system

Malik Mahmud Local Strongmen?

The Helsinki MoU agreed by the Indonesian Government and the Free Aceh Movement provided an opportunity for Aceh to have a customary institution called the Wali Nanggroe institution. This opportunity was used by the DPRA which was dominated by the Aceh Party by confirming Malik Mahmud Alhaitar as the Naggroe Aceh Mayor, in the Aceh Party structure Malik Mahmud was one of the leaders of this local Party, so it was possible to have a dual role played by the figure of Wali Naggroe. The inauguration of Malik Mahmud as the Wali Nanggroe also indirectly gave rise to a local figure of Strongmen within the structure of the Acehnese community, given the position of the Wali Nanggroe as a position that was highly respected in the structure of Acehnese people's lives. Moving on from the above problems, this study wants to see how the role of the State in giving birth to local Strongmen within the structure of Acehnese society. This research borrows his theorist Jonh T Sidel and Migdal who have formulated how the formation of local Strongmen or bossism and the characteristics of both. Based on the results in the field, it shows that the local Strongmen could emerge because of the involvement of the State in them, the involvement of the State is not limited to giving the opportunity for the birth of local Strongmen but more than that, the State also provides legal standing for local StrongmenKeywords :Local Strongmen, Wali Nanggroe

Politik Identitas dan Negara Bangsa di Riau

Riau Vision 2020, regional regulations on Lembaga Adat Melayu[LAM] Riau, the issue of sons and non-sons of the region in regional head elections are the main characteristic of the ongoing revival of the Political Identity of the era of regional autonomy in Riau. The Rise of Identity Politics in Riau is considered to be at odds with the nation-state whose essence is recognizing diversity. The politics of identity in this context is considered to jeopardize the development of the diversity-based nation-state [nationalism]. This research aims, firstly, to address the PoliticalIdentity relationship with the nation-state in Riau in an effort to prevent local disintegration.Second, explaining the main obstacles to the Political Identity relationship with the nation-state in Riau in an effort to prevent local disintegration. The Political Approach to Identity and Nation-State is used as a theoretical framework. This study uses a qualitative approach with descriptive analysis method. Data is collected based on documents supported by interviews. After collecting the data analyzed qualitatively. The results of the study concluded, first, that the existence of theRiau 2020 vision, and the Riau Malay Customary Institution as a forum for empowerment of ‘Malays’ in the context of the Politics of Identity and State-nation, kept the potential for ethnicideological conflict.The concept of ‘Melayu’ in the vision impresses the sultry between Malay [ethnic] and Islam [ideology]. The vision is the consequence of local-minority hegemony. ‘Melayu’,structurally and constitutionally suggests that Melayu Malays ’control, even though there are minorities if they are accumulated with other ethnic groups. Second, the various obstacles that occur in the relationship between the Politics of Identity and State-nation are, [1] Malays are interpreted as hegemony in terms of relative deprivation. [2] Structural and cultural constraints have an effect on the relationship between the nation-state and the Politics of Identity [the existence of Riau LAM suggests more superiority and cultural domination. [3] Shifting issues in Political Idenitas, does not work linearly due to institutional-based personal interests. Practically this research provides an important reference for the relationship between LAM Riau and local governments that can prevent local disintegration. Academically, the relationship between the nation-state and the Politics of Identity can be constructed into a model and approach that can anticipate potential identity conflicts, especially in Riau.

IMPLEMENTASI MEDIASI PENAL DALAM PENYELESAIAN TINDAK PIDANA PENGRUSAKAN (Studi Pada Sat Reskrim Polres Solok)

Penal mediation is one of the means of resolving criminal acts that have often been carried out by law enforcement officials, especially at the level of investigations in the police as explained in the letter of the Chief of Police No: B / 3022 / XII / 2009 / SDEOPS, December 14, 2009 concerning Handling Case Through Alternative Dispute Resolution (ADR). Specifications in this study are descriptive analytical. The reason mediation model carried out by the Aro police station The likes of resolving criminal cases are mediation victim-offender models. This model places more emphasis on mediation between victims and perpetrators involving various parties who meet. The mediator can come from a formal official, independent mediator or combination. In this case the mediators involved were ninik mamak and local adat stakeholders and even the Kerapatan Adat Nagari (KAN). The obstacle encountered in the reasoning mediation of the Aro Suka police station is that there is no explicit regulation as a legal aspect governing reason mediation in the settlement of criminal cases, then the Police cannot fully act as mediators in the settlement of criminal cases through reasoning mediation, and there are still some people argues that all criminal cases can be carried out reason mediation or peace efforts between litigants. The effort that must be made is to encourage customary institutions in the nagari along with their traditional leaders to assist the National Police in resolving criminal cases whose source of problems starts from the issue of inheritance, inheritance, customary titles and so on.

English

Water is the principal resource for all living to prosper but a major limiting factor when mismanaged. The wide spread clearing of trees has caused soil erosion that is resulting silt accumulation in the reservoirs 40 to 50% /year. Purposive selection techniques have deployed for this study to gather information.  Borana community has been managing water and pasture using its customary institutions called 'Abbaa Gadaa' which formulates and enforces general laws. Open surface water are the major water sources for study area. Accordingly the respondents (80%) runoff water, during wet season while ponds, boreholes and micro-dams during the dry season. More than 81% respondents explain that community near the water point involved in almost all stages of water work activities. The mobility of herd from village is determined by water and/or pastures availability and seasonal variation; travel short distance in wet and normal dry season but long distance during drought season as per 79% of respondents. This long distance mobility is termed as the 'Furaa' herd movement. The water point development conducted in the past has negative impact on traditional systems in managing and usage of the resources. This is because of lack that proper land use planning and insufficient resource to effectively maintain and manage water points by local government.  This paper also reveals that policy makers should oversee any interventions in water case as per integration of science and indigenous knowledge in order to sustain the solution to scarcity of water in the area Key words: Water resources, community, indigenous knowledge, water points. &nbsp

Analysis of SocialCultural Factors Influence to the Children in Conflict with Law: A Case Study in 3 Regencies and Municipality of Bengkulu Province, Indonesia


 
 
 This research aimed to analyze sociocultural factors among children in conflict with law in the villages of 3 regencies and 1 municipality in Bengkulu Province. Data were collected through observation, in depth interview as well as documentation study. 15 peoples was selected as informants which consist of 6 formal and informal leaders, 6 children in conflict with law, 2 parents, and a social worker. This research finding showed that in the villages most villagers were farmers who spent almost all day for work. This impacted in decreasing time to interact with their children and surrounding neighbors. On the other side, social control were growing weaken. It was indicated by degradation of sociocultural as well as religious values in community. Social status was valued from one’s belonging. Normative customary sanctions were not implemented strictly anymore. Both formal and informal leaders practiced bad behavior. Impact of technology such as uncontrolled use of smart phone had negative impact to the juvenile. This research concluded that there were some changes in sociocultural values which interacted in case of children in conflict with law. From this finding, the efforts to strengthen family functions were needed besides optimizing the roles of law, customary and religious institution as well.
 
 

Addressing Global and National Concerns into Local Actions: Reflecting Customary Institution’s Involvement in Combating Drug Abuses

The massive movement of transnational drug-dealers has now been approaching society at the lowest level. This article is aimed at exploring how customary institution in Bali-Indonesia, namely desa pakraman (customary village) is involved in any efforts of combating drug abuse, as a complementary means of the official measures taken by Indonesian agencies that responsible for this matter. It is legal research that inquiries relevant legal documents. Besides, it discovers customary village leaders opinion by using informant interview questionnaires as well as impression obtained from direct observation. This paper discovers that there have been many customary villages modified their customary rule by incorporating the norms on prohibition of the use and sale of narcotics as well as adopted customary sanction to be imposed on those who violate it. This article also suggests that the involvement of customary institution may be used as a lesson learned regarding how the non-state actors, especially a community-based institution, may play a role to support the government in the eradication of drug abuses and crimes.

Legal Review of Local Wisdom of Indigenous Communities of Siak District in the Management of Slum Housing and Slum Settlement Locations

Law Number 1 of 2011 in Article 98 paragraph (3) concerning Housing and Settlements, it is explained that the regional government has the authority to conduct arrangements and determine the location of slum housings and urban slums. This is what underlies the Regional Government of Siak Regency to have a role in identifying various local wisdoms in its region. The existence of the local wisdom of the indigenous people of Siak can be viewed from the legal aspect of structuring the location of housing and slums as mandated by legislation and implemented in the Letter Regent Decree Number 523/HK/KPTS/2014 concerning Determination of Slum and Slum Housing Locations in Siak Regency and Regent Decree Number 302/HK/KPTS/2017 concerning Slum and Slum Residential Housing Locations in Siak Regency. The result is the existence of the local wisdom of Indigenous people of Kampung Buatan II, Koto Ghasib Subdistrict did not work optimally, because it had not maximized the role of the Riau Malay Customary Institution in Siak Regency. However, the noble values of local wisdom in Malay indigenous communities in structuring the location of housing and slums are known from their ancestors expressed in a proverb or customary expression in preserving nature around us to create a clean, healthy life by understanding the meaning of development, understanding the ins and outs of religion and culture and the social norms of the people, so that development is truly beneficial for all levels of society.

Legal Review of Local Wisdom of Indigenous Communities of Siak District in the Management of Slum Housing and Slum Settlement Locations

Law Number 1 of 2011 in Article 98 paragraph (3) concerning Housing and Settlements, it is explained that the regional government has the authority to conduct arrangements and determine the location of slum housings and urban slums. This is what underlies the Regional Government of Siak Regency to have a role in identifying various local wisdoms in its region. The existence of the local wisdom of the indigenous people of Siak can be viewed from the legal aspect of structuring the location of housing and slums as mandated by legislation and implemented in the Letter Regent Decree Number 523/HK/KPTS/2014 concerning Determination of Slum and Slum Housing Locations in Siak Regency and Regent Decree Number 302/HK/KPTS/2017 concerning Slum and Slum Residential Housing Locations in Siak Regency. The result is the existence of the local wisdom of Indigenous people of Kampung Buatan II, Koto Ghasib Subdistrict did not work optimally, because it had not maximized the role of the Riau Malay Customary Institution in Siak Regency. However, the noble values of local wisdom in Malay indigenous communities in structuring the location of housing and slums are known from their ancestors expressed in a proverb or customary expression in preserving nature around us to create a clean, healthy life by understanding the meaning of development, understanding the ins and outs of religion and culture and the social norms of the people, so that development is truly beneficial for all levels of society.

RESOLUSI KONFLIK PASCA PEMILIHAN KEPALA WEDEROK MELALUI MODAL SOSIAL

The post-Pilkades conflict in Wederok Village, Weliman Sub-District, Malaka Regency is still ongoing. conflict resolution through formal institutions leaves a new problem. The purpose of this study is to offer a social capital-based conflict resolution. The research method used is descriptive. The results of the study indicate that the mediation efforts undertaken have not touched the essence of the source of conflict. The recommended conflict resolution effort is the Deliberative conflict resolution model "Maun-Alin". The purpose of this concept is to resolve the conflict by using the Deliberative model, where every citizen without the intervention of the government or customary institutions conveys the contents of his conscience, through the spirit of public space discourse.

Hukum, Masyarakat Dan Kearifan Lokal Sebagai Modal Sosial Di Aceh: Catatan Awal

In the context of Aceh, its society and social-ecnonomic development, based on a number of literatures, the meaning of local wisdom can be drawn from the values, norms, laws and knowledge formed by religious teachings, beliefs, traditional values and experiences inherited from ancestors ultimately forming a local knowledge system that is used to solve everyday problems by the community. Aceh, as a region, in addition to following national law practices and provisions, also has customary institutions and traditional / cultural values with its own management that involves community leaders who know a great deal about local wisdom in the region. This is where the roles of traditional leaders, religious leaders and socio-cultural figures are considered important in harmonizing local wisdom with spatial regulation and environmentally sustainable development

Ethiopia: The Roles of the Council of Elders (Menguddo) in Gumma Customary Institution of Conϐlict Resolution

Ethiopia: The Roles of the Council of Elders (Menguddo) in Gumma Customary Institution of Conϐlict Resolution

Customary Institutions and Rules underlying Conservation Functions of Sacred Sites or Indigenous and Community Conserved Areas

Sacred sites, or indigenous and community conserved areas (ICCAs), are repositories of biological and cultural diversity, the spaces de facto governed by Indigenous peoples or local communities. There are many thousands of these sites across the world, including sacred forests, wetlands, landscapes, village lakes, catchment forests, river and coastal stretches and marine areas. Though the backbone of sacred sites or ICCAs is the robust local governance system of Indigenous/customary institutions and their customary laws/rules, aspects such as institutional analysis, institutional governance, customary laws/rules and management systems are inadequately investigated. This article suggests how customary institutions or rules enable the underlying conservation functions of sacred sites or ICCAs and that due recognition and attention need to be given to indigenous protocols re ICCAs to enable the conservation of biological and cultural diversity. Through enabling legislation or policy, the customary institutions of traditional communities managing the sacred sites can be reinforced and restored. Relevance of sacred sites or ICCAs can be established in biodiversity conservation processes if the resilience of customary institutions and the ability of institutions withstanding external challenges are appreciated.

COMMUNAL CONFLICT: ANALYSIS OF ERVING GOFFMAN’S DRAMATURGY THROUGH A CASE STUDY

This paper discusses the incident of communal conflict between people in Balinuraga and Agom Villages, Lampung Province from Goffman’s Dramaturgy point of views. A case study and qualitative research method were used and data was collected through purposive sampling technique using: in-depth interview; observation; and documentation. Data was analyzed through qualitative approach with the process of data reduction, presentation, and conclusion. The location of research studies was in Agom and Balinuraga Villages, South Lampung Regency. This paper examines that the peak incidence of communal conflict between villagers resulting from lack of constructive handling conflict management in preventing and reducing conflict. This paper revealed that the incidence of conflict or intersection occurred due to lack of comprehensive handling efforts since there is the fact that the process of cessation of conflicts and acts of violence were perpetrated by military intervention. This paper, therefore, suggests that in dealing and handling conflict, it is necessary to absorb various aspirations of conflicting society, rather than top-down approach. In addition, indigenous institutions as a counterpart of local customs and forum for cultural preservation should have more roles in resolving conflicts so that the functioning of customary institutions is expected to safeguard, enhance, and preserve the culture of each party in conflict.

Perempuan Pakpak dalam Realitas Adat (Studi kasus di desa Pegagan Julu VIII)

This paper is derived from case studies conducted on Pakpak women by cross-strata and status in domestic family institutions and customary institutions as public institutions in the village of Pegagan Julu VIII with qualitative feminist methods. The feminist method emphasizes the research process that involves women through their life experiences in cases of indigenous marginalization experienced by them in their communities. Sources of data from women's life experiences which are also voiced by women themselves. Data collection techniques used FGD (Focus Group Discussion), in-depth interviews and participant observation of women who became research informants. The results of the study show that Pakpak women are cross-social strata with the potential to be indigenous conservationists, ironically, the reality is not directly proportional to their authority or authority to make decisions in any customary or customary work. The reason is that the dominance of patriarchal culture which is still strong in prioritizing men and lacking respect for women has influenced the weak bargaining position of women. The consequences that arise are that most customary practices and values are less pro-women, both at the family level and in the community. They experience exploitation especially from the poor strata, so that the poverty that is already heavy is faced by women, the more the burden of adat that must be borne by women. As a result women have the potential to experience double poverty (double poverty) and even tend to experience situations of alienation from their customs.

Kekerasan Simbolik Dalam Tradisi Perkawinan Masyarakat Tolaki Sulawesi Tenggara

The position of customary institutions in traditional societies has two faces; be a protector and solution for the community, but can also be a dominant and even compelling force. This study will examine the marriage traditions of the Tolaki community that move between apparent compromise and potential conflict. Indigenous marriages implicitly indicate a form of symbolic violence that constructs false compromise in Tolaki society as well as potential latent conflicts. Symbolic violence can be found in several forms, namely injustice in the opportunity to marry women from any group; and rejection of procedures and marriage procedures. This condition is caused by social differences in the community; there is no legitimacy of the crime and the same opportunities; differences in interests between various parties; and the dominance of the indigenous elite. However, the marriage practices of the Tolaki community bring change with the loosening of the system and the social structure of the Tolaki community which was originally "closed." This can open up equal opportunities for all segments of society to get a life partner so that a more egalitarian society can be created.

The contributions of Indigenous Peoples and local communities to ecological restoration

Indigenous Peoples and local communities (IPLC) are affected by global environmental change because they directly rely on their immediate environment for meeting basic livelihood needs. Therefore, safeguarding and restoring ecosystem resilience is critical to support their well‐being. Based on examples from the literature, we illustrate how IPLC participate in restoration activities maintaining traditional practices, restoring land degraded by outsiders, and joining outside groups seeking to restore ecosystems. Our review also provides examples of how Indigenous and Local Knowledge can be incorporated in the planning, execution, and monitoring of restoration activities. However, not all restoration initiatives engaging IPLC are beneficial or successful, and the factors that lead to success are not fully known. While local involvement in restoration projects is often mentioned as an element of success, this is primarily associated to projects that actively involve IPLC in codesigning restoration activities affecting their territories, ensure both short‐term direct benefits to IPLC and long‐term support of the maintenance of restored areas, and recognize IPLC local traditions and customary institutions. Based on these examples, we argue that IPLC should be a more important focus in any post‐2020 CBD agenda on restoration.