Customary Institutions Research Articles

Hybrid Security Provision in African Post-colonial Settings: The Cases of Burkina Faso and Sierra Leone

ABSTRACT The Weberian paradigm’s ascription of a legitimate state’s provision of security and justice overlooks the role played by non-state actors in the post-colonial world. Adopting a hybridity framework enables scholars and practitioners to re-centre the focus from a state-centric view of states as fragile or failed to recognise the strength and resilience of alternative socio-political formations of order. Existing evidence on hybrid political orders demonstrates that community resilience and customary institutions should not be perceived as spoilers but understood as assets for constructive engagements between the customary and modern states. The cases of Burkina Faso and Sierra Leone highlight how the complex and interdependent interaction between modern and traditional systems of governance, through a combination of conflict and cooperation, can explain state resilience.

The Crisis of the Agency for Customary Institutions (Keujruen Blang): From the New Order, Reformation to Peace of Aceh

This article examines why the Keujruen Blang, as a traditional institution, has continued to experience crises since the New Order Reformation to post-peace in Aceh. This study aimed to reveal and provide an overview of how the Acehnese people's local wisdom, or local knowledge, has been experiencing a crisis, particularly a recent issue with paddy field management. This study was conducted in Aceh Jaya and used qualitative research. Observations and direct interviews were conducted with 17 informants. The technique for determining informants used a purposive technique. In addition to the interview, data were collected through a review of the literature and other documents on the crisis agency of local actors (keujruen blang). These related documents and articles were identified, reviewed, and analyzed. The data analysis techniques used was data reduction, data display, and verification. Reproduction of the keujruen blang authority had yet to bring the expected results. Even though laws, government regulations, and Aceh Qanun had been issued, Keujruen Blang still needed to be strengthened. This fact occurred because there were overlapping roles and functions between the customary institution of keujruen blang and the formal P3A institution.

Protection and Management of Gayo Arabica Coffee in the Laws and Regulations of Central Aceh Regency

Coffee is one of the leading commodities in the plantation subsector because it has market opportunities, both domestically and abroad. Gayo Coffee (English: Gayo Coffee) is a variety of arabica coffee that is one of the leading commodities originating from the Gayo Plateau. Gayo Coffee has received Fair Trade Certified™ from the International Fair Trade Organization on May 27, 2010, and has also received an IG (Geographical Indication) certificate submitted by the Ministry of Law and Human Rights (Kemenkumham) Republic of Indonesia. People living in the Gayo highlands until now live dependent on coffee, butuntil now there are still problems experienced by gayo coffee farmers, such as the condition of coffee selling prices that are still unstable, and tend to plummet. Therefore, the problems experienced by gayo coffee farmers should be accommodated in a law, especially at the regional level. So that problems that occur like this are not experienced continuously and protracted by coffee farmers from year to year. Based on the background that has been described, the formulation of the problem in this study is what things must be contained in Qanun so that can it provide protection for the management of gayo arabica coffee in Central Aceh Regency? The research method used in this study is normative juridical research, which is carried out through literature studies that examine (mainly) secondary data in the form of laws and regulations, or other legal documents, research results, assessment results, and other references. The results showed that the things that need to be contained in Qanun protection for the management of gayo arabica coffee include arrangements about gayo arabica coffee ecosystem, gayo coffee commerce and cultivation, international cooperation, coffee research and education centers, customary institutions related to the protection and management of gayo arabica coffee, tourism and coffee villages, Geographical Indication certification, and Coffee Regionally Owned Enterprises (BUMD). The suggestion from the researcher is that Central Aceh Regency should have a regulation in the form of Qanun which regulates the protection and management of Gayo Arabica Coffee, because this area is an area that is a source of coffee and has become the lifeblood of the people in Gayo.

Implication of Land use Land Cover Change for Resource Conflicts and the Role of Community Leaders in Conflict Transformation: The Case at the Adjacent Districts of Amhara and Afar (Dewe) National Regional State, Ethiopia

This study aimed at investigating LULC detection and the role of community leader in the conflict transformation among the adjacent Afar and Oromo ethnic groups in Afar and Amhara National Regional States. Supervised classification with maximum likelihood techniques were used for image classification and Multi-stage purposive sampling procedure was used for the selection of both study district and kebeles. Both primary and secondary data were used. The primary data was gathered through focus group discussions, key informant interviews, case studies and personal observations. A total of 12 focus group discussions and 42 key informant interviews were held in six adjacent kebeles of the two districts. The period of 2009 to 2018 bare land is increased by 161.21 km2 where as bushed grass land is decreased by 160.15 km2. This may be resulted from population and livestock pressure on land. The major causes of conflict identified were attached resource competition on farm land, grazing land and theft. Institutions applied in conflict transformation in the study area are mostly by customary institutions with some degree of cooperation with the formal one. The result also shows some challenges attached to the law and local judges’ viz. limited legal permissive stance, urbanization, community trust issue against clan elders in the process of integrating the two law sources. This paper recommends full recognition of the joint roles of Makaabon’s and Aba Gada’s through creating reporting systems of local tribunal activities for the state and capacity building for them by the state and NGOs. In order to legitimize the role of the leader and incorporate customary laws into the formal system, the customary law laws of both ethnic groups should be studied and written further, potential points of adjustment and cooperation must be identified, broader policy and legislative options has to be set, and laws contradict the country’s constitution.

Dayak Ngaju Traditional Marriage, Central Kalimantan: Concept and Juridical Review

<em>This study aims to provide an explanation of the marriage system that exists in the Dayak Ngaju tribe, Central Kalimantan, and to explain that the Dayak Ngaju tribe has redundant customary institutions that have been recognized in the Regional Regulation of Central Kalimantan Province Number 16 of 2008 concerning Central Kalimantan Dayak Customary Institutions. Traditional marriages carried out by the community are used as a cultural characteristic of the Ngaju Dayak people, the existence of a Dayak Traditional Institution can strengthen traditional marriage because Dayak Traditional Institutions have rules and conditions that must be fulfilled by both men and women. If the rules or conditions are violated later will be obliged to pay a material fine. The purpose of holding a marriage agreement because it is to maintain the preservation of customs so that no divorce occurs. Because basically in all religions divorce is prohibited in a marriage, and the existence of a marriage agreement can be used as a guideline in a household so that they have the fear of not easily carrying out a divorce, because, in the marriage agreement, the parties must carry out the contents of the marriage agreement one way or another. parties must be able to pay the fine or singer</em>

PREMARITAL GUIDANCE IN THE VALUES OF "SINTE MUNGERJE" IN THE GAYO TRIBE

<span>Family guidance and Sarak Opat guidance in Central Aceh have the same duties and responsibilities as BP4 as providing premarital guidance to brides-to-be. As a traditional advisory institution in Gayo custom itself starting from besierah-erah or choosing a jojoh, I serahan ku guru, I gurun, be kuru and be guru is a tradition of the Gayo community, especially in central Aceh which still exists in the implementation of Sinte mungerje which is still carried out in the Gayo Tribe itself, in choosing or determining a mate, carrying out household bahtra, respecting each other's spouses, loving and caring for one another is not considered traditionally. Because there will be problems internally that result in small quarrels in the family, it is in Gayo custom that there is a need for premarital guidance to the bride-to-be. However, the reality is in the field that many traditional premarital guidance have not been carried out based on the results of obervations made to families whose marriage age is 25 to 40 years old, many do not know the Gayo customary premarital guidance procession. Only Some families still maintain traditional premarital guidance. The method in this study is descriptive qualitative where the research was conducted in Central Aceh Regency As for the informants of this study, the subjects in the study were community leaders of Gayo traditional leaders, Petue, Imam Kampung, Reje Kampung. The methods used are observation, interview and documentation. The results showed that premarital is traditionally Gayo in Sinte mungerje in Gayo tribes. first "bersierah erahen" guidance to choose a mate, kedua I serahan guru procession handing over children by parents to imem kampung to learn religion, third I desert is guidance given directly by imem kampung to brides-to-be, fourth beruru "ejer muara" guidance or direction provided by both parents and nuclear families and the five ejer mara "beguru" guidance provided by Sarak Opat kampung or representatives of the village apparatus either reje kampung or petue. The values of Sinte mungerje in the Gayo tribe there are spiritual, educational and social values in the Gayo tribe, consensus, setie, even consensus, bersikekemelen, mukemmel, alang tulung, orderly, Amanah, gemasih and mutentu. As well as the implementation in the field, there have been many changes in things based on self-encouragement both from traditional behavior to more modern behavior. Changes in customs and understanding of religions and customs, crises of sources of information on customs, traditional leaders and the provisions of qanun customary institutions</span>

The Existence of Traditional Institutions of Tangkura Village Based on Regulation of The Minister of Home Affairs Indonesia

This study aimed to determine the existence of the Tangkura Village Traditional Institution, Poso Pesisir Selatan District, Poso Regency, based on the Minister of Home Affairs Regulation Number 18 of 2018 concerning Village Community Institutions and Village Traditional Institutions. The existence of the Tangkura Village Customary Institution is related to its formation, duties, functions, and work relations. This study used the descriptive qualitative method. Data collection techniques used are observation, interviews, and documentation. Establishing the Tangkura Village Traditional Institution, through village government and community meetings by the provisions of Pancasila and the 1945 Constitution, does not yet have a permanent secretariat or written guidelines for implementing activities. The duties and functions of the Tangkura Village Customary Institution can be seen in holding traditional wedding processions (Pamona, Poso) and managing social order in the community but not in health, education, and arts and cultural development activities. Working relationships tend to be limited because they only occur in deliberations.

Eksistensi Penyelesaian Sengketa Masyarakat Hukum Adat dalam Pencegahan Perusakan Kawasan Hutan

This study aims to find out that forest management often occurs when conflicts arise between the community and the state regarding land/natural resources. In customary law communities, disputes that have occurred have long been resolved by deliberation and consensus through customary institutions known as customary courts. This study uses normative legal research that is descriptive analytical, with a normative juridical approach, namely an approach based on the main legal materials related to this research. The data analysis in this study was carried out qualitatively. The results of the study indicate that the existence of customary law as a component of legal substance must be given a reasonable place in the development of legal materials in accordance with the socio-cultural diversity of the community. Disputing Indigenous Peoples generally have different customary laws which are strongly adhered to by the community, so that it can make it difficult to resolve disputes that occur. In general, the causes of this case are due to the acquisition of forest areas for plantations, usurpation of customary lands and violations of other prohibitions by plantation companies against customary law

The Role of the Sarak Opat in Resolving Minor Crimes

The Sarak Opat as one of the customary institutions in Aceh have been authorized to settle disputes of minor cases at the village level in Central Aceh, Aceh, Indonesia. This is guaranteed by the applicable laws and regulations. However, the practice of resolving minor cases is currently delegated to the judiciary. Therefore, this study was a legal empirical or sociological research to analyze primary and secondary data in Central Aceh Regency. Data collection method employed were direct interviews with selected informants, and the collected data were processed in qualitative analysis method. The results showed that the role of the Sarak Opat customary institution in resolving minor cases in the Gayo community in Central Aceh has a strong legal basis as mandated by various national and regional legal policies. Subsequently, the customary institution has two considerations in delegating minor criminal cases to the judiciary. First, the litigants are dissatisfied with the sanctions decided by Sarak Opat. Second, the officials of Sarak Opat lack understanding of their authority as a customary justice institution.

PROBLEMA RELASI KUASA ANTARA LEMBAGA ADAT DENGAN PEMERINTAH DESA (Studi Eksplanatif Tentang Relasi Pemerintah dan Lembaga Adat di Desa Pa’ Pala Kecamatan Krayan Timur Kabupaten Nunukan Provinsi Kalimantan Utara)

The problem of power relations between traditional institutions as a community unit (self-governing community) and the Village Government has not had a substantial impact on the welfare of the residents. The power relations between traditional institutions and the village government failed to realize the character of local institutions in realizing deliberative democracy based on local values ​​in the practice of using culture-based structures and power to maintain village dignity. This study uses a qualitative explanatory method to explain the workings of democracy through customary government systems and efforts to create prosperity. Primary data was taken through interviews, observation, and discussion. Secondary data was collected through village documents, journals, and books. The explanatory analysis combines dialogue between village government document facts, with local voices to realize knowledge findings. The results of the study indicate that the customary institutions in Pa' Pala Village, which are located as social organizations or deliberations and agreements as well as legal holders, are formal in nature, the space for accommodating community aspirations is not yet optimal for the welfare of the residents

The Contribution of Custom Institutions in Implementing Custom Sanctions in Gorontalo

Efforts to optimize existing customary institutions in the province of Gorontalo in law enforcement during society are significant. The organization of customary institutions needs to be addressed and arranged so that they can be enjoyed and utilized. This study uses a sociological juridical approach by obtaining data by interviewing figures from the Gorontalo traditional institutions. This research carries out by analysis through reduction, presentation of data, and conclusion?Gorontalo customary institution. The study results show that the position of traditional institutions in Gorontalo Province is one of the guidelines for people's lives. Customary institutions are the tools that are used and considered to be able to maintain the values of customary law itself. Imposing sanctions through traditional institutions is more effective because an adat institution grows based on values that live in society and recognize and adhered to for generations. In addition, customary institutions help prevent the accumulation of cases in court. The maximum of this research lies in the space given by the government to customary institutions both in ceremonial activities such as marriages and in law enforcement processes. In addition, community participation needs to maintain and utilize the presence of this traditional institution.

TINJAUAN YURIDIS TINDAK PIDANA PENYEROBOTAN TANAH ADAT DI KABUPATEN TORAJA UTARA

Land grabbing is not a new problem that often occurs in Indonesia. Unlawful land grabbing is an unlawful act and can be classified as a criminal act. The formulation of the problem in this study is the regulation of customary land ownership in North Toraja district and legal settlement of criminal acts of land grabbing in North Toraja district. Ownership of customary land is marked by physical possession and recognition as stated in Article 24 paragraph (2) of Government Regulation Number 24 of 1997. Regarding customary land or Toraja indigenous people, it is called tongkonan land. The North Toraja government has ratified Regional Regulation number 1 of 2019 concerning "Recognition and protection of the rights of indigenous peoples" in which the regulation has concretely regulated the system of land tenure and use. There are several stages of legal settlement of customary land grabbing in North Toraja Regency, both within the scope of customary law, namely mediation through the customary institution where the tongkonan land is located and positive law, namely through the courts.

The Role of Customary Institutions in Implementing Custom Law to The Immoral Acts of Tilang Village

Penelitian ini bertujuan untuk mengkaji sejauh mana Peran Lembaga Adat dalam Menerapkan Hukum Adat Terhadap Perbuatan Asusila dan untuk mengetahui apa saja faktor-faktor penghambat Lembaga Adat dalam Menerapkan Hukum Adat Terhadap Perbuatan Asusila. Metode penelitian ini dilaksanakan dengan pendekatan kualitatif. Sumber data yang digunakan yaitu sumber data primer dan sumber data sekunder. Informan yang terlibat dalam penelitian adalah Lembaga Adat, Sekretaris Desa, dan Badan Permusyawaratan Desa. Teknik pengumpulan data yang digunakan adalah teknik observasi, wawancara dan studi dokumentasi. Teknik analisis data meliputi reduksi data, penyajian data dan verifikasi. Hasil penelitian bahwa Peran Lembaga Adat sebagai Membantu Menyelesaikan Konflik atau Persoalan, Tempat Mediasi dan Partisipasi. Faktor penghambat Lembaga Adat dalam Menerapkan Hukum Adat Terhadap Perbuatan Asusila yaitu, Rendahnya Kesadaran Masyarakat Terhadap Hukum, Faktor Pendidikan dan Faktor Pergaulan. Penelitian ini menyarankan agar pemerintahan Desa Tilang barsama Lembaga Adat mempertegas kembali hukum adat tentang perbuatan asusila dalam peraturan-perturan desa yang baru, sehingga tidak bersifat statis tapi dinamis dan dalam penyelenggaraan pemerintahan bila terjadi perbedaan norma atau hukum nasional dan hukum adat, diperlukan solusi dan antisipasi yang cepat.

Restorative Justice: Positivization of Customary Law in Resolving Land Disputes Based on Local Wisdom of Papuan Citizens

The positivization of customary law is the process of turning the source of customary law into various laws and regulations. The unwritten customary laws are obeyed by the people because they originate from social values and agreements to live together. Settlement of land disputes in communities where customary law is still strong, such as Papua, which is known for its local wisdom, is carried out through its own customary institution. To fulfill the element of justice, the dispute resolution approach is carried out by means of deliberations outside the court or non-litigation dispute resolution based on local wisdom. The overall manifestation of this settlement leads to restorative justice. The statutory approach, the conceptual approach, the socio-legal approach, the comparative approach, and the case approach are used in this research, which is a normative judicial and sociological judicial study. In conclusion, it is stated that the existence of Papuan customary law is based on its own legal ethnography, pluralism in social capabilities such as social structure and culture according to its character, types of customary leadership, and social interaction relations in different traditional economies. Recognition of indigenous Papuans is based on the Constitution of the Republic of Indonesia 1945, Article 18 B, Paragraph 2; UUPA Articles 3 and 5; and the Papua Special Autonomy Law in Chapter XI concerning Protection of the Rights of Indigenous Peoples. The Provincial Government of Papua is obliged to recognize, respect, protect, empower, and develop the rights of indigenous peoples based on the provisions of applicable laws and regulations. Keywords: positivism, customary law, restorative justice DOI: 10.7176/JLPG/127-01 Publication date: December 31 st 2022

Bale Mediation As A Dispute Settlement Institution Outside The Court (Study On Bale Mediation, East Lombok Regency, West Nusa Tenggara)

The Supreme Court as the executor of judicial power has made various efforts to prevent these problems, including by increasing the number of justices from academics and other legal practitioners besides career judges, revamping the organization internally, empowering the oversight function to enforcing one roof for all matters. financial, organizational and administrative under the Supreme Court itself, but these efforts have not yet shown significant results. This condition certainly cannot be allowed to occur because it can trigger vigilante actions and can cause chaos in society. The solution to this problem is to develop alternative dispute resolution outside the court through non-formal channels, one of which is through mediation. Bale Mediasi is an institution that facilitates dispute resolution outside of court based on local wisdom, so that it can resolve various legal issues faced by the community without having to end up in court. The establishment of this institution is a form of government acknowledgment in providing protection, respect and empowerment for the existence of local wisdom through customary institutions in carrying out mediation functions, preventing and reducing conflicts or disputes in the community earlier, and holding dispute resolution in the community through mediation in order to create peaceful, orderly and harmonious atmosphere.

Penegakan Hukum terhadap Pelanggaran Norma Adat Dayak Ngaju, atas Tindakan Kekerasan dalam Rumah Tangga (Studi di Kecamatan Tewah, Kabupaten Gunung Mas, Kalimantan Tengah)

AbstractIndonesia is a pluralistic country with a diversity of ethnic groups, who live and live throughout the Indonesian archipelago. Each ethnic group has a language, customs, religion and law enforcement against violations of customary norms that are different from one another. So far, many cases that have occurred in the community have been resolved through traditional channels such as Domestic Violence (KDRT), which always increases every year, especially in Tewah District, Gunung Mas Regency, Central Kalimantan. In addition, a legal process has also been carried out if the settlement through customary law does not find a bright spot. This study uses empirical research methods and a sociological juridical approach that provides accurate and reliable data regarding Law Enforcement Against Violations of Ngaju Dayak Customary Norms (Study in Tewah District, Gunung Mas Regency, Central Kalimantan). The basis for the authority of the relevant customary institutions is as stated in the Emergency Law Number 1 of 1951 concerning Temporary Measures to Organize the Units of PowerComposition and Procedure of Civil Courts.

Examining the mediating role of Ghana’s customary institutions in resolving the 2012 electoral conflict

ABSTRACT The reality of the democratization of various African states in the 1990s has often failed to match the promise of democracy. Disputes over electoral outcomes have been commonplace, often resulting violence and social unrest. Such disputes point to possible limitations of the capacity of formal institutions such as the electoral commissions (and its associated electoral laws) and the judiciary to ensuring their peaceful resolution even where there may be no actual large-scale electoral violence. This paper examines the 2012 presidential election in Ghana. It argues that in addition to these institutional mechanisms there is an important role played by the traditional authorities exercise of informal conflict resolution strategies and the positive values in the (political) culture. Drawing on reports of journalists, the views of politicians and judicial records the paper shows how the preventive mediation of traditional authorities helped to defuse tensions and prevented a potentially violent situation during the electoral process and its disputed outcomes.

OPTIMIZING PANGLIMA LAOT IN MARITIME DISPUTE RESOLUTION IN LHOKSEUMAWE CITY

The existence of Panglima Laot in Aceh apart from being a social leader of the customary community legal alliance, is also an Alternative Dispute Resolution (APS) institution. The juridical basis of its position is contained in Law No. 11 of 2006 concerning the Government of Aceh, its implementing regulations are in the form of Aceh Qanuns such as Aceh Qanun No. 9 of 2008 concerning the Guidance of Customary Life and Customs, and Aceh Qanun No. 10 of 2008 concerning Customary Institutions . Based on the description on the background above, in this legal research it can be formulated how the position of Panglima Laot as a marine dispute resolution institution in the legal system in Indonesia and whether Panglima Laot is optimal as an institution in maritime dispute resolution in Lhokseumawe City . This research is an empirical legal research with a qualitative approach that uses primary data and secondary data. In obtaining primary data, respondents and informants were determined. The new positive law will have an effective force if it contains, or is in harmony with the laws that live in society. The focal point of legal development is not in laws, judge decisions, or legal science, but in society itself.

Implementation of the Utilization of West Lampung Traditional Cultural Expression in the Legal System Perspective of Intellectual Property

The embodiment of West Lampung Traditional Cultural Expressions has not been optimal both in terms of intellectual property protection and in terms of its usefulness for the local community of West Lampung. In this article, we will discuss how intellectual property legal protection is implemented if it is implemented in the protection of traditional cultural expressions and how far has the West Lampung Regency Government tried to protect and utilize the potential of traditional cultural expressions. This article aims to identify a model of protection against traditional cultural expressions in West Lampung by using normative and empirical legal research methodologies. The results of the discussion show that the Protection of Traditional Cultural Expressions is carried out based on Law Number 28 of 2014 concerning Copyright, Law Number 5 of 2017 concerning the Advancement of Culture, Law Number 11 of 2010 concerning Cultural Conservation and Government Regulation Number 6 of 2017. 2015 concerning Museums, and Regulation of the Minister of Culture Number 106 concerning Indonesian Intangible Cultural Heritage in addition to the autonomy of the Regional Government of West Lampung Regency has also made efforts to preserve istiadar custom through the Regional Regulation of West Lampung Regency Number 14 of 2000 concerning the Guidance, Preservation, and Development of Indigenous Peoples. and Customary Institutions. The West Lampung Regency Government also seeks to protect and preserve traditional cultural expressions by participating in activities such as traditional festivals organized by the Lampung Provincial Government so that the existence of traditional cultural expressions in West Lampung Regency is known to the public. However, overall the protection of the majority of traditional cultural expressions has not been inventoried and utilized optimally, including the traditional cultural expressions of West Lampung. There should be immediate efforts to regulate the protection of traditional cultural expressions in a sui generis manner apart from the Copyright Law.

CUSTOMARY LAW OF THE FOREST IN NORTH ACEH REGENCY

The life of woodland area management based totally on commonplace forest regulation has been practiced by the Acehnese. This pastime is done via the wooded area Pawang commonplace organization which has been shown in Aceh Qanun No. 10 of 2008 regarding Customary Institution. This has a look at uses empirical prison research with a qualitative approach the use of primary information and secondary information. In acquiring number one records, respondents and informants had been decided. The effects of research in North Aceh District, forest control based totally on commonplace wooded area regulation has not been practiced optimally. It can be visible that there are nevertheless numerous sub-districts in North Aceh that don't but have the woodland Pawang Customary Institution. Paradoxically, this sub-district has a huge forest area. Then the sub-district authorities and community leaders also do now not understand approximately the woodland Pawang commonplace organization as confirmed in the Aceh Governance regulation and the Qanun on customary institutions. The woodland Pawang customary organization additionally does now not have the capacity and information of forest management based totally on customary wooded area law, so they have no longer been maximal in carrying out their responsibilities. There are numerous limitations in forest management primarily based on Customary law by the wooded area Pawang, such as infrastructure and types of networks and local government cooperation.