Customary Provisions Research Articles

PROCEDURES OF LAND DISPUTES SETTLEMENTS IN TOWANI TOLOTANG TRADITIONAL COMMUNITY IN SIDRAP REGENCY

This research is the result of field research which aimed to reveal the forms of land disputes that occurred in the territory of the Towani Tolotang customary community and the procedures for resolving them according to the customary provisions that implementeed in the customary community. This research was a qualitative descriptive using data collection techniques in the form of observations, interviews, and literature study. The study result indicated that the Towani Tolotang traditional community still implemented the old traditions, such as holding ritual ceremonies or traditional ceremonies based on the belief system they adhere to in their daily life. On the other hand, they also still implemented the customary rules or customary norms that have been outlined by their ancestors to be obeyed by all members of their followers. For example, when a land dispute occured, the settlements method was carried out by implementing the customary rules that have been passed down from their ancestors. Meanwhile, the form of land disputes that often occured in the area of the Towani Tolotang customary community was a dispute involving an individual with another individual or two parties who had family relation.

Analyzing the Maduranese's Traditional Inheritance from al-Tūfi’s Maslahah Theory

This study reveals the tradition of inheritance distribution among the Maduranese community and analyzes it using the maslahah of al-Tūfi. Although the entire Maduranese community adheres to Islam, in terms of inheritance distribution, they tend to apply customary inheritance law, only a small portion of which applies Islamic inheritance law (farāidh). This research is qualitative research; the data is obtained from interviews, observations, and documentation. This study found that most Maduranese people only give inheritance portion to children's groups, rarely did they include other groups as stipulated in farāidh law. Apart from that, the distribution pattern is also different from one region to another. In Sumenep, for instance, the distribution of inheritance prioritizes girls over boys. In Sampang, priority is given to the eldest child, while in Bangkalan it is prioritized for the youngest child. Only in Pamekasan, the distribution of inheritance is distributed to all family members in equal portions. This pattern of distribution that does not comply with the provisions of Islamic inheritance law, when viewed from the perspective of maslahah al-Tūfi, is still in line with the principles of Islamic law because it aims to bring good, avoid conflict, as well as to adjust to customary provisions and community development.

Eksistensi Kearifan Lokal dalam Pengaturan Pemilihan Kepala Desa Ditinjau dari Undrip (Studi Kasus Pemilihan Kepala Desa pada Masyarakat Adat Kedepatian Semerap Kabupaten Kerinci)

Internationally The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) emphasizes respect for the local wisdom of indigenous legal communities. The selection of village heads is one of the regulatory concepts stipulated in Law No. 6 of 2014 on Villages. The selection of village heads in the concept of this law is conducted simultaneously stipulated by local regulations and the procedures are specifically regulated through government regulations as stipulated in Article 31 of Law No. 6 of 2014 on Villages. But it turns out that in practice, especially in indigenous peoples, the deability of the village head election often clashes with the arrangement of the village head election. So in this case the formulation of the problem in this writing is how the arrangement of the rights of indigenous peoples in The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the value and concept of local wisdom that applies in the selection of village heads in 5 (Five) Villages Semerap Kedepatian. The method used in this writing uses empirical juridical methods. And in this case it is concluded that UNDRIP regulates matters relating to individual rights as well as very specific collective rights sourced from indigenous peoples. In this case the State is obliged to protect or fulfill the rights of indigenous peoples including cultural heritage and their cultural manifestations including human resources and genetics. And in the indigenous people of kedepatian semerap Kerinci regency there is a customary provision where the prospective head of the village must get customary recommendations and be appointed from Depati and Nenek Mamak. The provision is considered contrary to the local Paraturan in relation to the election of the village head. So given the provisions of UNDRIP and the 1945 Constitution, the State is obliged to protect and maintain these customs given the positive impact that arises from it. So in this case the customary provisions should be regulated in the Regulation including also about the recognition of indigenous peoples. In addition, the community needs to open a paradigm on human rights in the selection of village heads in addition to the paradigm of the enforcement of customary law there needs to be flexibility from the State as long as it is not contrary to national law.

Goals and Tasks (Purpose) of Criminal Proceedings

The relevance of the problem covered is explained by the essence of goal-setting of any activity, which determines its final result and procedural structure. The direction of actions of state bodies in responding to crimes depends on it, as well as the arsenal of means provided for this to the law enforcement officer. The Criminal Procedure Code of the Russian Federation does not have a norm directly formulating the goal and objectives of criminal judicial proceedings. The legislator has applied such a non-standard category as “purpose”, which replaced the customary provisions that existed for more than 40 years on the tasks of criminal proceedings, enshrined in the previously existing code. Since the procedural law does not name the goals and objectives of the criminal process, the analysis of the target settings of modern criminal justice, the essence of the categories “purpose”, “goal”, “task”, their correlation and meaning is of particular importance. The Author analyzes the points of view of the processors of the pre-revolutionary and modern periods. The conclusion about the differentiation of the given concepts is made. Unlike the views of most scholars, the Author believes that purpose and goal are identical concepts, since they determine the final result of procedural activities. The goal is seen as the end result of the activity, and the task is determined by the goal and is considered as the result of its separate stage. Therefore, the Author conditionally correlates these categories as general (goal) and particular (task). There can be many tasks, and they are subject to changes under certain conditions, and the goal is always the same. The goal of any criminal process is determined by the need to streamline the dispute between the parties arising from the crime committed. The absence of clearly formulated elements of goal-setting prevents the assessment of the effectiveness of activities to resolve a criminal-legal conflict. The flaws in the legal structure of teleological norms of the current Criminal Procedure Code of the Russian Federation are noted. On the basis of a comparison of the views of procedural scholars, analysis of regulatory legal acts, the author came to the conclusion that the result of the criminal process should be the protection of the rights and legitimate interests of individuals, organizations, society and the state from criminal encroachments; protection of the individual from illegal and unjustified accusations, convictions, restrictions on his rights and freedoms. The tasks, despite their uncertainty from the point of view of legal regulation, constitute an established formula: quick and complete disclosure of a crime, the appointment of a just punishment to the guilty, education and prevention. The Author believes that the current structure of norms on the appointment of criminal proceedings does not reflect the absolute need to protect the interests of society and the state, and also does not define specific tasks as a guideline for the law enforcement officer to fulfill them in each criminal case in order to achieve this goal. Therefore, we propose our own legal structure of the norm on the tasks of legal proceedings, complementing the current provisions.

The Values of Local Wisdom of Minangkabau Culture in a Baralek Gadang Traditional Wedding

The research aimed to (1) describe the traditional Minangkabau Baralek Gadang marriage; (2) analyze the procedures for the Minangkabau traditional wedding ceremony Baralek Gadang; (3) analyze the values of local wisdom in the traditional Minangkabau wedding Baralek Gadang. The research method applied was qualitative research, which was a literature study. Sources of data were books, journals, and internet sites related to the selected topic. The research data source consisted of books and journals about local wisdom of the Minangkabau culture in the customary marriage of Baralek Gadang. Data collection was carried out using documentation techniques, looking for data about things or variables in the form of notes, books, papers or articles, and journals. The data analysis technique used in the research was the content analysis method. The results show that (1) customary marriage in the Minangkabau community is identical with the existence of traditional ceremonies, which have many unique things and some rules that must be obeyed both based on customary provisions and Islamic teachings. The traditional wedding procession in Minangkabau custom has several conditions that must be carried out before getting married. (2) The procedures for the traditional Minangkabau Baralek Gadang wedding ceremony include the preparation for the wedding, the implementation of the wedding, and the implementation after the wedding ceremony. (3) The values of local wisdom contained in Minangkabau Baralek Gadang customary marriages include religious values, social values, knowledge values, language values, and artistic values.

PROBLEMATIKA EKSEKUSI PUTUSAN HARTA BERSAMA DI ATAS TANAH ADAT (STUDI DI DESA LEBAH SEMPAGA KECAMATAN NARMADA KABUPATEN LOMBOK BARAT)

This study aims to determine the customary provisions of the Village of Lebah Sempaga regarding the mastery of buildings on customary land, know the legal considerations of the judges and the barriers to execution of shared property on customary land. This research is a field research using normative and sociological juridical approaches and involves judges and litigants, community leaders and traditional leaders of Lebah Sempaga Village. Data mining is done by observation, indepth interviews and documentation studies. The results of this study indicate that the customary provisions of the Lebah Sempaga Village regarding the mastery of buildings on "pauman land" are that the community only has ownership rights to the house building and does not have ownership rights to the land where the house was built. Legal considerations applied by the Panel of Judges of the Giri Menang Religion Court in deciding joint property disputes on customary land include, among others: (a) Consideration of evidence (b) Consideration of factual events (3) Consideration of legal facts. The legal basis used is Article 37 paragraph 1 of Law Number 1 of 1974 in conjunction with Article 97 of the Compilation of Islamic Law and Jurisprudence of the Supreme Court of the Republic of Indonesia Number 58 K / AG / 2015 dated January 27, 2015, that a claim for joint property on customary land can only just sued value. The obstacle in the execution of the object of joint property disputes on customary land is the difficulty to sell the disputed object because no one wants to buy the house because only the house is purchased, not the land because the land is customary land.

Matrilineal Paradox in Semende and Minangkabau Culture

Minangkabau and Semende are a community with a very strong matrilineal kinship system, where one of its characteristics is that power and control of resources are in the hands of women. Following their matrilineal system, decision making on property division (inheritance) is given to the eldest child, who in the case of Semende is called tunggu tubang. In the Minangkabau and Semende communities, the customary provision that places women as central power and control of resources ultimately generates a paradox. Traditionally, the power and control of resources are in the hands of women, but in empirical reality (social practice), these are controlled and supervised by the men in the community. Through ethnographic research methods, this paradox is understood by deeply investigating the knowledge structure of actors in these two societies about what and how these customs (adat) are understood and applied in their lives. The research findings show that the paradox is a result of the existence of ambiguous customary provisions, in which power and control of resources are handed over to women, but these provisions also open opportunities for men to take authority over matters. These customary provisions then spark male political movement to redefine these provisions in order to have power over matters as well. This suggests that in matrilineal societies or societies where women empowerment and influences are dominant, the potential of men to strengthen their authority and control over matters tend to occur frequently, which ultimately lead to matrilineal paradox.

Perilaku Masyarakat Kampung Naga Dalam Mengelola Sanitasi dan Fasilitas Kesehatan

Kampung Naga is one of indigeneous villages in Indonesia. Community of Kampung Naga are known for their strongness in preserving the traditions of their ancestral heritage. As a indigeneous village, the lives of its people are inseparable from traditional rules, including in terms of health. Eventhough, Kampung Naga is not a community who's banned Modernism. They think modernism are not prohibited, as long as it does not violate customary provisions. Sanitation issue and also health facilities is one of the issues that are often encountered in the case of indigeneous villages, including Kampung Naga. With the reality of Kampung Naga's life is still traditionally and in influence of custom, then in terms of sanitation management it also does not escape the prevailing traditional provisions. As time goes by, the more visitors come, the mindset of the people of Kampung Naga gradually changes, especially in terms of health. Today, the majority of the residents of Kampung Naga have used modern medicine through Puskesmas and also village polyclinics and are handled by medical staff such as doctors and midwives.

Perilaku Masyarakat Kampung Naga Dalam Mengelola Sanitasi dan Fasilitas Kesehatan

Kampung Naga is one of indigeneous villages in Indonesia. Community of Kampung Naga are known for their strongness in preserving the traditions of their ancestral heritage. As a indigeneous village, the lives of its people are inseparable from traditional rules, including in terms of health. Eventhough, Kampung Naga is not a community who's banned Modernism. They think modernism are not prohibited, as long as it does not violate customary provisions. Sanitation issue and also health facilities is one of the issues that are often encountered in the case of indigeneous villages, including Kampung Naga. With the reality of Kampung Naga's life is still traditionally and in influence of custom, then in terms of sanitation management it also does not escape the prevailing traditional provisions. As time goes by, the more visitors come, the mindset of the people of Kampung Naga gradually changes, especially in terms of health. Today, the majority of the residents of Kampung Naga have used modern medicine through Puskesmas and also village polyclinics and are handled by medical staff such as doctors and midwives.

Međunarodni običaj u jurisprudenciji Suda pravde EU

By analysing the highly heterogeneous practice of the Court of Justice of the European Union (CJEU), one can identify four roles of international customary law within the EU legal order. Fistly, it has relatively frequently and easily been invoked for its demarcation role in order to differentiate the competences of EC/EU from its Member States. It is notable that the Court of Justice did not refrain from this type of role of international customary law. The interpretative role of international customary law is also not per se a contested one. However, it appears that the Court of Justice has only been keen to apply those customary provisions codified by the two Vienna conventions on the Law of Treaties, thus freeing itself from the burden of proving their existence or content. International customary law serves as a means of filling in legal gaps within EU law, thus having a praeter legem function. Jurisprudence has clarified that the invoking of international customary law in this function is only allowed when complementary to all other rules and principles of EU law. Finally, it has an important yet not fully clarified derogatory role, when serving as a legal basis for challenging the validity of secondary legislation, which is in fact the most contested function. Throughout the years, by adding new requirements, the Court of Justice has defined a very high threshold. It is extremely cautious when granting the possibility of invoking international customary law in order to examine the validity of secondary legislation, thus (over)protecting the autonomy of EU law. Therefore, although the Court of Justice has repeatedly emphasized that international law is an integral part of the EU, there are different levels of invoking and applying international customary law in accordance with its different functions.

PENYELESAIAN SENGKETA MELALUI PERADILAN ADAT ACEH

Juridically, the implementation of customary justice has been supported by a number of laws and regulations. In various laws and regulations, it was stated explicitly that strengthening customary law and customary justice must start from the Gampong and Mukim. Dispute resolution in the adat court does not mention customary justice but directly mentions the name of government institutions such as gampong and mukim. So that customary justice is carried out traditionally in Gampong and customary settlement in Mukim. While the Mukim Adat Assembly functions as a body that maintains and develops adat, organizes customary peace, resolves and gives customary decisions on disputes and customary violations, gives legal force to things and other evidences according to adat. Procession Gampong disputes / disputes are held in the Meunasah while the Mukim adat court is held in mosques, or other places designated by the Keuchik and Imeum Mukim. Related to the procedures and conditions for resolving disputes / disputes, carried out in accordance with local customary provisions.

Effects of International Customary Law in the Legal Order of the European Union

The customary provisions in EU law formally may take effect and be enforced within the domestic legal orders of the Member States and internal law of the international organizations. However, the substantive question is if and how the customary international law (in force) may be capable of creating individual rights (direct applicability) with a direct effect in national and EU courts. Also an informal relationship may be observed, when the international law and EU law share the same values and may influence each other. In consideration of the foregoing, the objective of this paper is to analyse the status of the rules in question within the legal regime of the EU (formal perspective), and especially their judicial application in the conditions of complexity and imprecision (substantive perspective), but the essential purpose is to analyse the final legal effect given within the EU regime to the international customary law. Keywords: customary law, international law, EU law

UANG PANGOLAT (TEBUSAN) DALAM PERKAWINAN MASYARAKAT TOBING JULU

There are habits that have been hereditary done in the implementation of marriage in society of Tobing Julu. That is giving ransom money (pangolat) by the male (groom) to the “anak namboru” (anak namboru: a man who can marry a woman), which is requsted by “anak namboru” at the time of leaving woman from her home to her husband's home. The ordinance of this request is done by inhibiting the two brides outside the yard of woman’s house by preparing a seat and a drink, then invite the two brides to sit together, at the time they will enjoy the drinks that have been provided. But if it is seen and observed in the implementation of customs about ransom money (Pangolat) committed by the community has largely deviated from the actual customary provisions. Based on those, if the habitual of giving the ransom money (pangolat) in the implementation of marriage in Tobing Julu Kec Huristak Padang Lawas District has done suitable with actual custom, it will not contrary to Islamic law, then the law is allowed or ‘urf saheeh. On the contrary, if the execution of the ransom money (pangolat) has deviated from the actual custom, so the law will be included to the fasid ‘Urf or rejected

Written and customary provisions relating to the conduct of hostilities and treatment of victims of armed conflicts in ancient India

Two thousand years before Grotius, Rachel, or Ayala recalled Europe to humanitarianism, ancient Indians had a body of rules for governing the relations between the States of the sub-continent in the event of armed conflicts. According to Professor A. L. Basham:“…in no other part of the ancient world were the relations of man and man, and of man and the state, so fair and humane… No other ancient law-giver proclaimed such noble ideals of fair play in battle as did Manu. In all her history of warfare Hindu India has few tales to tell of cities put to the sword or of the massacre of non-combatants. The ghastly sadism of the Kings of Assyria, who flayed their captives alive, is completely without parallel in ancient India. There was sporadic cruelty and oppression no doubt, but in comparison with conditions in other cultures, it was mild. To us the most striking feature of ancient Indian civilization is its humanity.”

Maintenance of Centrifugal Pumps

response to duty of those charged with delivering an adequate and safe water supply to the public must necessarily include a sound policy and technique for the maintenance of all equipment, in addition to the customary provisions for standby. A poor maintenance program overworks standby equipment and will ultimately lead to trouble. A good maintenance program practically eliminates failures. This paper will be limited to a discussion of maintenance problems and methods involved in the care of centrifugal pumps. Prime movers and other types of pumps will not be included. Due to the fact that such considerations as organization, personnel and maintenance policies and facilities are so important to the successful solution of the problems encountered, a large portion of discussion will be devoted to these factors. The suggestions made are based on experience in the maintenance of the equipment of the St. Louis County Water Co. and on observations of maintenance procedures of other water works, as reported in the literature of the last ten years. Regardless of the size of a plant, its maintenance policy must be determined by the potential hazard of failures. In the small system, if a high degree of standby is provided, allowing outages of a unit for several days or a week, the policy may be simply to replace damaged or worn parts. Obviously, only simple tools and relatively unskilled personnel are required in such cases. This policy will, of course, be more general in systems of less than 10 mgd. capacity, unless a consolidation of the repair shops of the water works and of other city departments is practical. Unless a complete set of spare parts is stocked, working agreements with local machine and welding shops are desirable in systems of such small size. In larger plants a well equipped shop and a thoroughly trained personnel are necessary, since stocking an adequate supply of spare parts is