Local Customary Law Research Articles

Stakeholder Perceptions of the Impact of Sinking Artificial Reefs in Bali Island Waters (Case Study: Indonesian Coral Reef Garden (ICRG) Nusa Dua, Bali)

The research conducted on coral reef conservation efforts in Bali illuminates the significant challenges facing this renowned marine tourism destination. Despite its importance, the island struggles with preserving its coral reefs, prompting the implementation of the 2020 Integrated Coral Reef Rehabilitation and Management Program (ICRG) supported by National Economic Recovery (PEN) funds, which has primarily focused on deploying artificial reefs in Nusa Dua waters. However, with only 74.3 Ha of a potential 204 Ha restoration area addressed, there is a clear need for intensified action. Through closed questionnaires distributed to key stakeholders, including government bodies, academic institutions, tourists, and coral reef conservation organizations, it's evident that stakeholders universally recognize the importance of artificial reefs and advocate for public involvement and adherence to local customary laws in conservation efforts. Analysis of the data underscores a strong awareness among respondents, with 69% comprehensively understanding the ecological, economic, and social functions of coral reefs. Impressively, 92% express willingness to contribute towards their preservation, either through labor or financial means, with financial contributions ranging from Rp. 25,000 to Rp. 150,000 and 30% indicating a readiness to allocate 5% of their annual income to this cause. These findings highlight stakeholders' deep commitment to coral reef conservation in Bali but also stress the ongoing necessity for sustained engagement and support to ensure the success and long-term sustainability of restoration initiatives in the island's prized marine tourism destinations.

The Legitimacy of Traditional Village Levies and the Authorities of Traditional Villages in Bali Reviewed from the Accountability of Financial Management

The theoretical issues surrounding the Balinese Traditional Village levy (stand) arise when compared to Article 23A of the 1945 Constitution of Indonesia, which mandates that taxes and levies for state needs must be regulated by law. However, Traditional Village levies, based on perarem and Article 18B paragraph (2), are fees rooted in local customary law. Deconstruction theory suggests that the legal text and context of these levies can be reconstructed to meet community needs, promoting justice and legitimizing Balinese Traditional Villages. The clarity and constitutionality of Bali Regional Regulation No. 4/2019 are crucial in ensuring that these levies are recognized as legitimate and not deemed extortion, as long as they are conducted in accordance with customary law.

Caste Transformation, Intracultural Communication, and Social Structure Dynamics in Kei Society, Southeast Maluku-Indonesia

This study investigates the system of social stratification and intracultural communication in the Kei people of Southeast Maluku, Indonesia, which is based on centuries-old caste traditions. Kei society is divided into three main classes: mel-mel (nobles), ren-ren (middle class), and iri-ri (lower class), each of which has roles and rights governed by local customary law, Larwul Ngabal. This caste system has created a recognized social balance despite certain dominance and hegemony. This research uses an ethnographic approach with a focus on direct observation, in-depth interviews, and document analysis to explore how stereotypes and social stratification are maintained through intracultural communication. The findings show that Kei people use language and cultural symbols to reinforce their caste position, while modernization and electoral politics open space for changes in social dynamics. The results of this study provide insights into how local communities adapt to modernization and democratization while maintaining traditional cultural structures. The implications of this study underscore the importance of understanding the dynamics of intracultural communication in the context of social stratification to maintain social order and promote inclusiveness in the social development of Kei society.

Upaya Penyelesaian Non Litigasi Terhadap Kumpul Kebo Di Desa Naiola Kecamatan Bikomi Selatan Kabupaten Timor Tengah Utara

The widespread social phenomenon of "cohabitation" often occurs because there is a legal space that allows this practice to develop. The local government has made various efforts to minimize this phenomenon, but without adequate legal force, these efforts often do not have the desired deterrent effect. However, the local customary law approach can provide a legal basis that is stronger and relevant to local values, so that the community can be more responsive to the regulations implemented. Thus, it is hoped that through this approach, the phenomenon of "cohabitation" can be minimized and overcome more effectively. This research aims to complete a non-litigation resolution of cohabitation in Naiola Village before Law Number 1 of 2023. The research method used in this research is empirical legal research, namely legal research that obtains data from primary data or data obtained directly from the community. Non-litigation resolution of cohabitation often relies on customary law-based approaches and customary deliberation that utilize local values and traditional mechanisms to achieve a harmonious resolution that is accepted by the local community. Thus, this research provides a clear picture of the importance of non-litigation resolution of cohabitation by utilizing customary law and traditional deliberation approaches to achieve a harmonious solution that is accepted by the local community.

Towards a sustainable business model for rubber agroforestry in Indonesia

Agroforestry systems, particularly rubber agroforests, are crucial for Dayak communities in Indonesia, providing economic benefits and vital assets for their livelihoods. Two common types in Simpang Dua sub-district are tembawang (traditional fruit gardens) and rubber agroforests. Both have flourished for generations but they now face threats of conversion due to declining rubber prices and the oil palm boom. Tembawang is considered more resilient due to better protection of tenure rights under local customary law and its greater provision of socioeconomic benefits. In some instances, rubber agroforests are only maintained because of their deep rooted social and cultural importance, but they have potential to still be economically valuable. Rubber agroforests can provide a diversified income, offering resilience against volatile rubber markets, and although oil palm provides higher income in the short term, rubber agroforests can provide higher income over the entire system cycle. Long-term financing is essential to improve yields and product quality, to support smallholder rubber agroforests, but obtaining this type of financing is difficult. Obstacles include low rubber prices, poor-quality latex, a lack of productivity of agroforestry crops and low attention from investors, financiers, and markets. Non-commercial financial support, including technical support, could help strengthen farming practices and market-based instruments, including carbon payments, could help stabilise farmers' income. The expansion, however, of large-scale oil palm plantations has shifted the rural labour force from rubber smallholders to plantation workers. Efforts to address these challenges include the establishment of a rubber processing and collective marketing unit, UPPB, to improve market access and prices for smallholder farmers. Founded in 2022, the unit aims to arrange collective marketing and provide technical capacity for farmers to meet the specifications of Standard Indonesia Rubber. By aggregating rubber slabs, farmers can earn up to 25% higher prices than individual farmers, but irregular supplies from farmers and low prices are affecting their success. Despite facing challenges, local farmers' groups remain resilient in organising themselves to improve their systems with the support of NGOs. Commitment from government and private sector stakeholders is additionally needed to further promote sustainable and inclusive rubber agroforestry businesses.

Sustainability Concept’s Interpretation Affecting Native Farmers’ Participation on JCSPO Initiative and Governance in Sabah, Malaysia

This study investigates how the contradiction of sustainability concept’s interpretation between the policy makers and Sabahan native farmers impacts on the slow participation in the Jurisdictional Certified Sustainable Palm Oil (JCSPO) initiative. Triangulation methodology combining documentation method, ethnographic fieldwork, semi-structured interviews and focus group meetings with 155 key stakeholders were conducted in Sabah for over a fourteen-month period. Thematic approach and narrative analysis were utilized to analyse and interpret data collected on field. Findings revealed that unique native farmers’ characteristics, local customary law and cultural belief impacted their extent of participation in JCSPO initiative. The analysis indicated that the vague sustainability concept and the element of commercialism embedded of the JCSPO initiative further exacerbated the clash of sustainability concept’s interpretation of the native smallholders, which ultimately complicates the governance of the farmers. Findings on specific aspects of sustainability concept’s differences as identified in this study may provide awareness for policy makers for restrengthening the initiative by redefine, realigning and rebalancing the sustainability concept based on local needs and acceptance.

The Character of Peace in Judges’ Customary Criminal Receptions as Restorative Justice

The idea that restorative justice primarily derives from indigenous communities' beliefs, which have existed for a very long time and have evolved into customary law from generation to generation, gave rise to the term restorative justice in Indonesia. According to Article 5 paragraph (1) of the Judicial Power Law, it is the duty of the judge to investigate, adhere to, and comprehend the legal values and sense of justice that exist in society. The author of this study will examine how judges in courts use restorative justice in the process of interpreting local customary law to avoid conflicts with it. And discover what challenges judges in court face in accepting this customary law. The author's research strategy is normative juridical and is based on primary, secondary, and tertiary legal resources. According to research, district court judges can significantly contribute to the realization of restorative justice in the context of customary criminal law by having a thorough understanding of customary law, employing a mediation approach, enforcing restorative sanctions, offering education and counseling; and placing a high priority on reconciliation. The current national criminal justice system can be viewed as failing to represent the interests of victims. The social background of the judge's origin, the judge's educational background, the judge's ethnicity, and the environment at the time of the hearing are all barriers to judges accepting customary law in their decisions.

Peningkatan Kesadaran Hukum Masyarakat Desa Serangkat Melalui Edukasi Interaktif Mengenai Bantuan Hukum

Legal awareness plays a crucial role in law enforcement, especially in remote areas like Serangkat Village. The government has a direct responsibility to support the community there. The lack of legal awareness in Serangkat Village is due to the community's tendency to resolve legal issues based on local customary law, a lack of trust in law enforcement authorities, and concerns about significant financial consequences. The primary goal of this activity is to enhance understanding of the importance of legal awareness and introduce the Legal Aid program organized by the government for the community. This research uses a qualitative descriptive analysis method supported by field observations, planning, and implementation of activities. Legal Aid refers to free legal services provided by authorized institutions to individuals in need. The program aims to protect the constitutional rights of individuals and promote social changes that are fair. The results of this awareness campaign are evident through the community's understanding of the urgency of legal awareness and the availability of the Legal Aid Program provided by the government

ENDOGAMOUS MARRIAGE OF WEST LAMPUNG SAIBATIN COMMUNITY FROM THE PERSPECTIVE OF ISLAMIC LAW

Endogamous marriage is a union between tribes, ethnicities, and families in the same environment. Endogamous marriage in the family environment is a marriage between cousins and descendants who are the same or still have a family relationship between the two. Marriage or nayuh in the Saibatin community is carried out by people of the same tribe, one faith, and even some with close relatives. The meaning of close is marriage between third cousins and so on. With the development of the current era, the marriage system among clans or tribes has faded after a shift in social values. This study aims to analyze endogamous marriages in the Saibatin tribe according to the perspective of Islamic law. This research is field research with a descriptive-qualitative approach. The research subject comprises a married couple who have entered an endogamous marriage. The research location is in three villages from several sub-districts in West Lampung Regency. The results of the researcher's survey of respondents and correspondents show that endogamous marriages did not conflict with Islamic law. According to maqasid shari'ah, it is judged as permissible to be carried out as the law is daruriyat because it is to maintain religion, soul, mind, offspring, and property. According to urf, it is judged as shahih urf because it does not conflict with Islamic law and is based on taghayurul ahkam wal amkinah. Endogamous marriages are rare due to shifting social values in local customary law; as for the marriage law, it is mubah.

Tradisi Makan Pinang Dalam Kesepakatan Perjanjian Di Desa Sanahu Kabupaten Seram Bagian Barat

Customary agreements have their own legal provisions that are binding on their customary law communities. These customary rules are usually in the form of values that have been adhered to by the customary law community itself that have been implemented and applied to the customary law community for many years. This regulation is usually in oral form that has been normed to be used as a provision for the local customary law community and there are also written customary law regulations. This research is a non-doctrinal research, there are two types of data in the study, namely primary data and secondary data. Data collection techniques are carried out by means of interviews accompanied by interview guidelines. After obtaining data, it is grouped descriptively analytically by identifying and then grouping, then analyzed and described according to its hierarchy. Documents and library materials are descriptively analytical by identifying and then grouping, then reviewed and described according to their hierarchy. The tradition carried out in the country of Sanahu, Elpaputih District, West Seram Regency is the tradition of eating areca nut. This is done in order to fulfill the traditional traditions of the local country in implementing an agreement between communities. This ritual is carried out to preserve the culture in the country.

Legal Implications of the Law of Child Act on the Intestate Rules of Customary Law in Tanzania

This paper explores legal implications of Child Act, 2009 concurrently with the intestate rules of customary law in Tanzania (to be on referred as intestate rules). From the discussion it is evident that little study has been done on this area of law since the colonial masters left 60 years ago. The main issue that this paper identifies is the inequality in provisions of the intestate succession laws, which is contrary to the provisions of equality, brought about by the Law of Child Act dispensation. The article also seeks to unearth contradictory application of the intestate rules of customary law in Tanzania. Reference is made to the leading judicial decisions which directly affects and alters the intestate rules. This is followed by a brief discussion of unequal intestate rules and judicial decisions. The inroads to be made in order to improve children right to parental property in this field of intestate rules are suggested including reform in this area of law. This study is limited to the applicability of codified intestate rules from patrilineal societies as provided under the Local Customary Law Declaration Order (NO. 4), GN 346/1963(to be referred as GN 436/63 to be referred as GN 436)

Slave voices and experiences in the later medieval Europe

AbstractLate medieval slavery was profoundly entangled in urban life in particular. Cities all around the Mediterranean coast were implicated in the trade—although this article focuses on the Christian Mediterranean which was bound together by a general reliance on Roman law (alongside local customary laws and the canon law of the Church). Recently, scholarship on late medieval slavery has proliferated, offering a range of detailed studies primarily based on legal records. Late medieval slaves were predominantly women, and mostly worked in domestic settings. Scholars have addressed questions such as legal regulation; the ways in which racialized thinking emerged; the economics of slavery; the implications of slavery for Christian socio‐religious frameworks; the extent to which slaves were integrated into the societies in which they were trafficked; and the role of slavery in geopolitics. This article flips all these questions to explore the experiences of slaves themselves. Surviving legal records allow us to see how slaves could articulate and even, to a limited extent, shape their own experiences through law; what race meant to slaves; how they experienced labour; how they articulated their religious identities; what social integration meant to individuals; and the ways in which slaves understood the geopolitics of their situations. All slave experiences were shaped by gender.

Registration of Ownership Rights Over Customary or Customary Land based on Law No. 5 of 1960 concerning Basic Regulations on Agrarian Principles

Land is the place where people of customary law communities live, and land also provides livelihood for them. Law Number 5 of 1960 concerning Basic Regulations on Agrarian Principles (UUPA), agrarian law that applies to earth, water, and space is customary law where the joints of the law come from the local customary law community, as long as it does not conflict with national and state interests based on national unity and Indonesian socialism. This research study is normative juridical as the main approach, considering that the discussion is based on laws and legal principles that apply in the issue of customary or customary land registration procedures. Customary land rights are authorities, which according to customary law are owned by customary law communities over certain areas that are the environment of their citizens. This position of authority allows communities to benefit from natural resources, including land, within the area for their survival. The Land Registry is called Recht Cadaster. Conversely, for land rights that are subject to customary law, land registration is not carried out so that it does not produce a certificate, but a proof of payment of tax on land, for example Girik, and even if a land registration is carried out for land rights subject to customary law, this is known as Fiscaal Cadaster. Although customary land is not the object of land registration, based on the provisions of the Minister of Agrarian State/Head of the National Land Agency Number 5 of 1999, Article 4 paragraphs (1) and (2) stipulate that customary land can be controlled by individuals and legal entities by registering as land rights if desired by the right holder, namely citizens of customary law communities according to the provisions of the applicable customary law.

PERAN KEPALA DESA TERHADAP PERLINDUNGAN BAGI PENGGARAP DALAM SISTEM BAGI HASIL PERTANIAN DI DESA

The regulation regarding production sharing agreements in Indonesia has been regulated based on Law Number 2 of 1960 concerning Revenue Sharing Agreements, the profit sharing agreements that occurred in the Nagrak Village Area, Cianjur District, Cianjur Regency, the arrangement still uses the arrangement of profit sharing agreements according to local customary law. The role of the Village Head in this case is very necessary so that there is no dispute between the two parties in the implementation of the agricultural land production sharing agreement. As for the identification of the problem in this research, namely, whether the production sharing system for agricultural land in Nagrak Village, Cianjur District, Cianjur Regency has complied with the provisions of Law Number 2 of 1960 concerning Production Sharing Agreements? in Nagrak Village, Cianjur District, Cianjur Regency?, and what steps did the Head of Nagrak Village, Cianjur District, Cianjur Regency take in resolving the obstacles faced by farmers and cultivators in the agreement for agricultural land yields?. This research uses a normative juridical approach, which examines juridical data on the application of agricultural land production sharing agreement regulations. It is concluded that the regulation regarding production sharing agreements for agricultural land in Indonesia is still using Law Number 2 of 1960 concerning Production Sharing Agreements. The form of the agreement is made in writing before the Village Head and ratified by the Camat, but in practice Law Number 2 of 1960 concerning Profit Sharing Agreements is still not effective this is due to the ignorance of the local community with the existence of Law Number 2 of 1960 concerning Agreements Profit sharing.Keywords: Profit Sharing Agreement, Role of Village Head, Agricultural Land.

RESTORATIVE JUSTICE HOUSE AS A VEHICLE OF NATIONAL CULTURE ACTUALIZATION IN CRIMINAL CASES SETTLEMENT

The Restorative Justice House which is a follow-up to the Republic of Indonesia Prosecutor's Office Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, where the establishment of this house aims to become a meeting place for victims, perpetrators in resolving criminal cases which also involve traditional leaders, the community and religion in exploring local wisdom values in order to complement the application of positive law in the implementation of termination of prosecution based on Perja Number 15 of 2020. This research is a socio legal research which has descriptive and analytical research characteristics. The urgency of establishing Rumah RJ is to explore local wisdom values contained in the community. Restorative justice is in harmony with the legal values that live in Indonesian society (living law) which is essentially based on the three main goals of life, namely the creation of peace in society, the realization of harmony in life and the maintenance of cosmic balance between people's lives and is an effort to preserve the legal culture of the Indonesian people. which prioritizes deliberation and consensus and the implementation of local wisdom values in resolving cases at Rumah RJ is currently only based on the settlement method, namely by using deliberation to reach consensus, but in this study the prosecution in Toba Samosir and Kajang has accommodated the values and local customary law, so that in this case the law and local wisdom values can be used as a complement in the implementation of positive law enforcement.

Islamic Inheritance Law and Its Implications on the Rights of Adopted Children in IndonesiaPerspective on Adopted Children Enforcement in The Law of Inheritance

Adoption has developed into a widespread phenomenon in the context of Indonesian society. Due to the fact that adoption affects the interests of individuals within a family, adoption has been integrated into the legal framework that regulates family relationships As a result of the way it influences individual interests within the family, it has been incorporated into the legal framework governing family relationships. Article 39 of the Child Protection Law, adoptive parents must pay attention to the best interests of the child during the process, which must also be carried out in accordance with community habits, applicable laws and regulations. There are two categories of adoption in Indonesia: domestic adoption, which occurs between Indonesian citizens, and international adoption, which involves children of Indonesian citizens who are adopted by people who are not residents of Indonesia. The research method used is known as normative juridical research. This research method is used to understand and evaluate whether a legal regulation has complied with the applicable legal principles and formal requirements set by the law. The author chooses this method because it is relevant to various fields of law and generates new ideas. According to research, the inheritance rights of indigenous Indonesians are carried out based on Islamic law in situations involving Indonesian inheritance law. Adopted children are still considered biological parents and are not entitled to inherit from their adoptive parents. The local customary law system will determine how many adopted children are entitled to inheritance. Adopted children still receive inheritance from their biological parents, not from their adoptive parents because adopted children do not inherit from their adoptive parents. Increased public awareness and stricter regulations in Indonesia regarding adoption practices can help protect the rights and interests of children and promote safer and more secure adoption practices.

Pelaksanaan Perjanjian Bagi Hasil Pohon Aren terhadap Petani dan Pemilik di Desa Juhar Ginting Sada Nioga

This study discusses the implementation of palm tree production sharing agreements; what are the legal consequences if one of the parties defaults on the palm tree profit sharing agreement and is there legal certainty for the implementation of the palm tree production sharing agreement in Juhar Ginting Sada Nioga Village based on "Customary Law" and "Law No. 6 of 1960” concerning Production Sharing Agreements. This research is descriptive analytical. The collected data were analyzed using empirical juridical methods. This study found (1) the implementation of production sharing agreements is carried out by means of unwritten or oral agreements, but the implementation is carried out according to the customs that exist in the community. The profit sharing that is carried out is not contrary to Law no. 2 of 1960, but in terms of the form and duration of the production sharing agreement it is not in accordance with the provisions stipulated in the law. (2) The legal consequences arising from defaults that occur in the implementation of the agreement for planting palm tree yields, usually only according to local customary law, namely compensation and cancellation of the production sharing agreement. (3) The principle of legal certainty regarding profit-sharing agreements has not been implemented, this is due to the lack of public knowledge about the law of production-sharing agreements so that the implementers of the agreement only make agreements based on local customs and habits.

Co-existence and harmonisation of different legal traditions in South Africa

This essay introduces a contemporary description of the mixed jurisdiction of South Africa. It depicts how in South Africa co-existence, harmonization and resistance are found in different fields of law and identifies both pitfalls and benefits of mixity. Several components are introduced: civil law, English common law, local customary law, the Bill of Rights and international legal instruments. The successful harmonisation of civil and common law is ascribed to introduction of the English administration of justice. The British institutions, structure and process placed the focus on legal procedure and succeeded to avoid conflict between different legal cultures as economic transactions ignored different value systems and doctrine. The same model was, however, not applied in respect of indigenous customary law, where from the onset choices between values and doctrine were cast in stone with the consequent conflicts. The new constitution of 1996 is transformative and the courts are instructed to develop common law and indigenous law to promote the rights, values, spirit and purport of the Bill of Rights. Thus, in all fields of private law court decisions attempt to realise such transformation by harmonising constitutional values with legal tradition while strong impetus has been provided by legislation. As it appears that the need for harmonisation between civil and common law is experienced mainly in the commercial field, the question arises whether civil law jurisdictions can transform themselves into a mixed jurisdiction by way of legal transplants to facilitate the global market. Mixed legal systems developed mostly as the result of colonial history. Civil law and common law were able to mix because the common law court system and procedure made it possible for English trained judges to successfully merge certain areas of private law, primarily in the commercial field. This means that the court system and the law of procedure, but especially training, qualification and selection of judges are of paramount importance.

Geographical Names Study of Nagari, a Local Customary-Based Community Unit in Agam Regency, Indonesia

Nagari names in Agam Regency are lacking historical record despite being a fundamental spatial information. Preliminary research has revealed inconsistencies in nagari name records, even in official government documents. This paper conducts an analysis of nagari names within Agam Regency, West Sumatra Province, Indonesia. Geographical names depict both the natural landscape and human activities, including their interaction with the environment [1], and Agam Regency spans from sea level to 2891 meters, featuring diverse landscapes, while the formation of nagari is deeply rooted in local customary law. This raises a question: what are nagari names in Agam Regency, and what do they signify?. Therefore, the objectives are: 1) establishing a digital nagari name database for Agam Regency, and 2) analysing geographical names based on linguistic and historical meanings. Primary methods used are interviews and literature studies. Approximately 52.44% of names are related to man-made features, human activities, and interactions, while others derive from natural features or a combination of both. Nagari names were found to be clustered around Bukittinggi and Lubuk Basung, historically significant regions. This study contributes to the preservation of nagari names in Agam Regency, and the digital database holds potential for further spatial analyses.

Peniadaan Hak Waris Anak Perempuan Pada Kewarisan Adat Bali Perspektif Hukum Waris Islam; Studi Kasus di Desa Tegallinggah Kecamatan Sukasada Kabupaten Buleleng

This journal discusses how to eliminate the inheritance rights of girls in traditional Balinese inheritance (in Tegallinggah Village, Sukasada District, Buleleng Regency) How to Review Islamic Law Against the abolition of girls' inheritance rights in Balinese traditional inheritance (in Tegallinggah Village, Kec. Sukasada, Buleleng Regency). This study uses an empirical juridical approach. This approach aims to understand that the law is not merely a set of statutory rules that are normative in nature, but the law is understood as the behavior of the people who are symptomatic in their lives. from generation to generation, from men in power over the assets left behind as a result of the consequences of the distribution system, the absence of inheritance rights for girls due to lack of community knowledge and having long used local customary law makes Islamic inheritance law difficult to apply to Muslim families in Tegallinggah Village, Kec. Sukasada, Kab. Buleleng.