Tribal Chiefs Research Articles

The Application of Dayak Customary Law In West Kalimantan Towards Fulfilling A Sense of Justice For Victims (Case Study of Indecent Acts)

The position of customary law in the legal system in Indonesia has the same constitutional position as the legal position in general that applies in the life of the state in Indonesia. However, it must be emphasized that there is a difference between customary law and applicable law in general, namely the aspect of its enactment and formation. The applicability of customary law only applies to Indonesians and from the aspect of its form, customary law is generally not written. The method in this research uses empirical legal research. Research approaches using an empirical legal approach include a legal sociology approach, a legal psychology approach and a legal anthropology approach. Techniques for collecting legal materials through identification, inventory of positive legal rules, literature, books, journals, other sources of legal materials. Legal material analysis techniques use legal interpretation (interpretation), grammatical interpretation, systematic interpretation and legal construction methods. The results of the research and discussion show that the application of Kalimantan Dayak customary punishment is carried out by bringing together the two parties who have a conflict, then these parties are seated with traditional heads, tribal chiefs and people who are considered to understand customary law. After being seated together, a discussion was held regarding the customary offense that had occurred, whether a customary offense had indeed occurred or not. If it is known and proven that a customary offense has occurred, then the contents of the victim's demands against the perpetrator will be discussed, hereinafter referred to as customary sanctions.

Voting Rights of Indigenous Papuan Women in a Patriarchal Culture: A Study of Gender Equality among Indigenous Papuan Women in Yoboi Village, Sentani District, Jayapura Regency, Papua From the Perspective of Jurgen Habermas

Gender equality has become a significant issue and a focal point at both the national and international levels. The government has implemented various measures as a commitment to minimizing gender disparities. Women, being a vital part of human resources, must optimize their abilities, intelligence, and their role as mothers. Therefore, the issue of gender equality must be intertwined in the development process. Consequently, increasing women’s responsibilities has a positive impact on economic growth in Indonesia. The Gender Empowerment Index (IPG) reveals a substantial gap between provinces in Indonesia, especially in the eastern regions. The cultural system in Papua, which adheres to a patriarchal system, results in the confinement and neglect of women’s voting rights. This research adopts a critical or transformative paradigm processed from the intersection of criticism regarding assumptions made by previous researchers. A critical perspective typically utilizes information gaps for analysis, followed by reconstructing a new narrative without gaps. This allows for the development of a new, feasible concept, enabling researchers to design a new approach. This qualitative study aims to describe and explain the suppression of voting rights experienced by indigenous Papuan women in Yoboi Village, Sentani District, Jayapura Regency, Papua. The results indicate that Papuan women face numerous obstacles in exercising their voting rights in education, economy, culture, and religion. However, there are several ways to address these challenges, such as creating a discussion forum to explore the potential of Papuan women and providing opportunities for them to contribute their opinions. Additionally, the roles of tribal chiefs and customary leaders are crucial in providing space for Papuan women to actively participate in the development of their villages. Keywords: patriarchal culture, indigenous Papuan women

BRINGING CULTURE TO LIFE: UTILIZING WOOD CARVING IN SPEAKING CLASS

Sentani tribe in Papua had diverse cultural heritages that have now been neglected. One of them is wood carving. Despite its aesthetic and socio-cultural values, wood carving (ohomo) has not been acknowledged by most of the young Sentani generation. Thus, preservation is needed so that wood carving can be acknowledged, appreciated, and disseminated. One way of preserving this unique wisdom is by using it as a medium for teaching the English language. This will also help the learning process to be more contextual and challenging. By focusing on learning to speak, the objective of this study is to explore the strategies for teaching speaking using wood carving. This descriptive-qualitative study was conducted in Jayapura Regency Papua between May and July 2022. Data on wood carvings were collected between May and July 2022 from several informants, namely tribal chiefs, wood carvers, Sentani elders, and parents in East Sentani (Waena and Asei Island) and Central Sentani (Hobong and Yoboi). Teaching materials of wood carvings were tried out to 20 students of Senior High School Grade X from 4 different schools in Jayapura Regency via formal class and field trip. By infusing wood carving in learning to speak, the study found two important things, namely (1) the students were enthusiastic and motivated in speaking, and their confidence, as well as self-esteem, were improved; (2) the students appreciated wood carving as their cultural heritage and proud of their identity. Teachers’ creativity in infusing culture and their commitment to teaching played a significant role in reinforcing students’ appreciation of their culture and improvement in their speaking ability.

Curriculum leadership in a rural indigenous high school in Taiwan implementing the 108 Curriculum Guidelines

AbstractThe 108 Curriculum Guidelines (108CG) were implemented in high schools in Taiwan in 2019 and have increased the flexibility of curriculum offerings. Schools must now offer diverse curricula, flexible options and self‐directed learning courses based on students' needs and teachers' expertise. This study explores how rural high schools in Taiwan promote curriculum leadership following the implementation of the 108CG. Using a case school in southern Taiwan as the study site, it examines the current implementation of the 108CG in rural high schools, the processes and strategies that school members employ in applying curriculum leadership and the challenges they encounter. Six participants from the case school were interviewed, from August 2021 to May 2022. We also conducted observations and document analyses. The results show that the principal and mid‐level leaders' collaborative efforts are integral to advancing the 108CG. However, the school faces challenges in implementing the 108CG due to its environmental context. The principal's major challenge stems from the differing curriculum interpretations by tribal chiefs and families in the community. Mid‐level leaders also grapple with students' passive learning attitudes and the need for preparedness among teachers for curriculum reform. Although the 108CG have been in operation for more than 4 years, rural high schools continue to face challenges in implementing them. Introducing collaborative lesson planning and using checklists during curriculum review meetings could help track curriculum progress.

Localization of the counterinsurgency in Sinai: A case study on integrating local population into counterinsurgency combat operations in Sinai

AbstractIntegrating local militias in the counterinsurgency (COIN) operations in Sinai has achieved tangible successes. The presence of local fighters contributed to the penetration of the Islamic State—Sinai Province network. The integration of locals into the ongoing COIN process has imposed a degree of local participation in local governance and decision‐making. Nevertheless, this article argues that there are two approaches to local integration into the COIN operation; the first is institutional integration, in which the state integrates local fighters at an institutional level in the ranks of the security apparatus. The second is the collaborating militia approach. In this pattern, the state resorts to warlords and tribal chiefs to mobilize irregular militias, coordinating with the regular forces in the COIN process without formally merging them into security institutions’ ranks. The Egyptian model in the Sinai is one of the latter type. The collaborating militia integration approach into COIN operations contributes to wooing elites to create narrow patronage networks of cronies, preventing systematized community participation in the decision‐making process, which leads to keeping the factors of rebellion alive below the surface even if the rebels are defeated militarily.

Traditional Games from Sentani Papua: Documentation and the Potentials of Utilization

The Sentani people in Papua have wealth of cultural heritages which was formerly actively practiced. One of them is traditional games (TG). Since 1970 when their area turned into a provincial capital and infrastructure development took place and modernization, the Sentani people began to lose land for TG. Now the younger generation does not recognize and practice these traditional sports and games. This study aims to (1) document traditional Sentani sports and games and (2) discuss their potential utilization in several fields. This research was conducted in October-December 2022 in several villages and islands on Lake Sentani through interviews and FGDs with informants consisting of tribal chiefs, the elders, Papuan customary council members, and government officials. This research found several TG which can be divided into two, namely water TG i.e., rukha hasai, rem phaeikho-phaeikho, and bhu phaeikho-phaeikho as well as land TG, i.e., mokhone oro habele sablei, fela-fela, and mendelauw. TG couldbe utilized as media of education, charater building, tourism and creative economy. Apart from being a social awareness, it is hoped that this research can become a cultural preservation of Sentani and utilized so that this intangible heritage does not become extinct and can be disseminated to the world community.

Keabsahan Sistem Noken Dalam Pemilu Presiden Dan Wakil Presiden Ditinjau Dari Negara Hukum Dan Demokrasi

The noken or tie system in Papua is the system used in the presidential and vice-presidential election, technically represented by a big man or tribal chief. The validity of the noken system is not in the form of written rules (laws) but only in the form of traditional Papuan beliefs that have been passed down from generation to generation, in other words, unwritten rules. Because noken is believed to be able to bring relations, familiarity, friendship and kinship among Papuans. This research uses a type of normative legal research with the method of approaching laws and legal concepts. In this study it was found that the noken system had implications contrary to a number of legal and theoretical principles in law. As in a constitutional state that adheres to written rules alluding to elections being held on the basis of direct, free, secret and fair principles. Likewise with the theory of democracy in terms of the implementation of elections that want to be held through absolute participation of the people in politics because it is aimed at the common interest. Preservation of culture through the noken tradition is only suitable for use in everyday life as it can be used in solving local customary problems, through deliberations for consensus through intermediaries of big men or tribal chiefs as the noken system was done before.

The Noken System as a Symbol of the Supreme Deliberation of Indigenous Peoples in Papua Anthropological Study of Law and Constitutional Law

An electoral system used specifically for a number of districts in the Central Highlands region of Central Papua and Mountain Papua, Indonesia is called the noken system. The noken system is directly related to traditional leaders/traditional elders/tribal chiefs which of course is related to several reasons for holding noken elections both geographically, human resources, socio-culturally. In the tradition of indigenous Papuans, noken is interpreted in the value of elections by making mutual agreements and establishing intact / support for certain candidates with consensus deliberation. In other words, the noken system is a symbol of the highest deliberation for opinion determination in Papua without secrets and is more concerned with deliberation in tribal communities in Papua. The study of Legal Anthropology focuses on the socio-culture of indigenous Papuans, if in making decisions collectively collegially both in life, and in social relations both ideas, ideas in deliberation become absolute decisions, and are officially declared by their tribal chiefs (bigman), because traditional Papuan / inland communities adhere to traditional politics (bigman). So that noken is a cultural object, a community routine that is interpreted in electoral values by making mutual agreements, voting as a whole/supporting certain candidates with consensus deliberation. Thus, the use of noken means that Papuan indigenous elements are respected and obedient people to participate in elections, and to position noken to respect the entire life of indigenous Papuans. This reality underlies the opinion that noken is part of the local wisdom of indigenous Papuans who should be respected, fostered, maintained, preserved, cared for and maintained in their existence to maintain customary law in indigenous Papuans. The study of Constitutional Law focuses on a regulation to determine the noken election to be valid, with the issuance of Constitutional Court Decree Number 47-48 / PHPU-A-VII / 2009 concerning the Noken System Election in Papua. The Constitutional Court understands and appreciates the cultural values that live in indigenous Papuans that are distinctive in elections with the "Citizen Agreement" system that based on the agreement of the community understand noken as a change in object, namely the form of the KPU ballot box replaced with the form of hanging noken and contains philosophical meanings namely opening, filling and binding in the political practice of elections held on indigenous Papuans

Dynamics of Child Marriage in Suku Anak Dalam Community

This paper aims to explain the dynamics of child marriage and its impact on the Suku Anak Dalam community. This research uses observation, interview, and documentation methods, in which researchers directly go to the field to observe and interview perpetrators of early marriages and tribal chiefs. The results of the study show that the Suku Anak Dalam community has its own rules and traditions regarding the appropriate age limit for marriage and does not include provisions in the law that have been positive. This tradition is a way of measuring the maturity of the bride and groom. According to the Suku Anak Dalam, men can get married if they can earn a living through skill tests in hunting animals or are suitable for farming. At the same time, women are considered adults if they have menstruated. Child marriage is generally a tradition passed down from generation to generation and is an unwritten legal system in society. This practice is a form of neglect regarding women's rights in domestic life, which impacts divorce, physical health, malnutrition, and marriage administration. Several factors, including tradition, arranged marriages/endogamous marriages, economics, promiscuity, and gender inequality, cause this child marriage.

Big man, bag or ballot box? Upholding legal pluralism through noken as a traditional system of voting in elections in Papua, Indonesia

Indonesia, a diverse and sprawling archipelago nation, is a place where modernity often intersects with tradition, especially in certain parts of the area broadly known to the outside world as Papua. This article analyzes how the Indonesian Constitutional Court has upheld legal pluralism through noken, a traditional voting model used in elections in remote, mountainous parts of Papua in easternmost Indonesia. Legal pluralism, defined as the coexistence of multiple legal systems or norms within a single society, is a concept deeply embedded in the Indonesian legal landscape. The noken system includes a method where tribal chiefs or community leaders vote on behalf of their entire local area, after consensus is reached in a community meeting, with the votes being placed in a traditional woven bag, called a noken. Although the noken system differs from the universal suffrage model applied by the Indonesian Election Law, its constitutionality is guaranteed under a landmark decision handed down by the Indonesian Constitutional Court in 2009. That decision reinforced the validity of legal pluralism in Indonesia, including in elections. However, the Constitutional Court subsequently limited the constitutionality of implementing the noken system as Papuan society gradually transitions to the national electoral system.

Processes of the Sedentarisation of the Mbororo in North West Region-Cameroon

Objective: It is to analyse the processes of the pastoral Mbororos’ transition from nomadism to sedentarisation in the North-West Region of Cameroon. Methods: From observations, all the cultural core surrounding the pastoral Mbororo have had a tendency which has faced changes and has “obliged” the Mbororo to transit from their mobile (nomadic) way of life a sedentarised one, including their principal activity, cattle rearing. The study was carried out in a period of four years including twenty seven (27) months of data collection in the field. Succinctly put, this study covered the wide and extensive culture of the Mbororo in the North-West Region of Cameroon with particular focus on the transition process from nomadism to sedentarisation. Results: The major findings can be summarized as follows: Sedentarization is usually accompanied by larger cultural change. Despite ties with the pastoral communities, the settled pastoral Mbororos are undergoing dramatic changes in customs and relationships. This includes a departure from communal and kin-based relations in the nomadic period to a more individualized identity in the sedentarised system. Sedentarization represents an alternative economic strategy as part of a larger set of diversification strategies. A mechanism connecting the ‘government’ of the Steppe Empire and pastoral tribes was the institution of the Gift Economy. By manipulating gifts and distributing them among comrades-in-arms and tribal chiefs, the ruler of the Steppe Empire strengthened his potential influence and prestige as the ‘generous khan’. Simultaneously, he bound the persons receiving gifts by the ‘liability’ of the ‘return gift’. Concerning the plight of the pastoral Mbororo, the government of Cameroon has ventured into several policy areas on nomadic pastoralism. These include plans aimed at improving the well-being of the Mbororo and those of their animals. The successes or failures of this model and its assumptions are debatable.

Procedures and Implementation of Distribution of Ulayat Land Rights According to Wesei Wehali Customary Law by Fukun (Head of Tribe) in Umakatahan Village, Central Malaka District, Malacca District

Based on the results of the research that has been done, it can be concluded (1) In the process of dividing customary land rights according to Wesei Wehali customary law by the fukun (tribal head) in Umakatahan village, Central Malacca sub-district, Malacca district, the fukun or tribal chief provides information to oa'laen to provide invitations to indigenous peoples and village officials, sitting together in traditional houses (tur lia) and performing traditional rituals, and designating shared communal land objects. (2) The Inhibiting Factors in the process of distributing land rights according to wesei wehali customary law by fukun (tribal chiefs) in Umakatahan Village, Central Malacca District, Malacca District, namely the absence of approval or support from tribal members and the absence of tribal chiefs and village officials in the appointment land to be shared

Pendidikan Agama Berbasis Budaya Lokal Papua Suku Kokoda Di Maibo Kabupaten Sorong Dalam Pengenalan Nilai-Nilai Agama Pada Anak


 The purpose of this research is; firstly, analyzing and describing forms of local culture-based religious education conducted by the Kokoda Tribe, secondly describing the roles of parents, tribal chiefs and mosque imams in designing forms of religious education with a cultural basis and thirdly, analyzing and describing the challenges and opportunities for Kokoda children's religious education. This research is a qualitative descriptive study that aims to provide a real picture of religious education in the Kokoda tribe in Maibo. The data collection process uses in-depth interviews, documentation, and observation. The research results show that; first, the form of religious education of the Kokoda Tribe through the Syawat Tale tradition which contains stories of the Prophets and Apostles. Second, the role of parents and tribal chiefs in designing forms of religious education by upholding personal communication as a form of ethics and manners in interacting with tribal chiefs or people who are elder and respected. Third, the challenge for Kokoda's children's religious education is that there are no proper learning facilities available

Legal Reform through Strengthening Protection of Communal Intellectual Property in the Enggano Community in Bengkulu Province

Communal Intellectual Property (KIK) in various regions of Indonesia, including Enggano Island, is abundant. However, there is a notable absence of visible protection for KIK on this island. Thus, there is a need for legal reforms or the strengthening of intellectual property protection in order to address this issue. This study aims to inventory and identify the forms of communal intellectual property protection, as well as the factors inhibiting such protection. The empirical method was employed for this study. The population and sample consisted of pa'buki (traditional leaders), tribal chiefs, sub-tribal chiefs, community members, and the head of the regional office of the Ministry of Law and Human Rights. The findings of this study revealed an inventory of KIK potentials, encompassing traditional knowledge, genetic resources, traditional cultural expressions, and potential geographical indications. However, special protection measures for KIK potentials in Enggano Island were found to be lacking, with only preventive and repressive means being available for protection. The inhibiting factors affecting KIK protection included the condition of the area, a lack of socialization efforts, and limited government attention. Based on the study's results, it is imperative to develop an inventory of these KIK potentials and establish relevant agencies responsible for registering and protecting KIK in Enggano Island. This will help ensure the preservation and safeguarding of Enggano’s unique communal intellectual property.

Introduction to the Ha'a Luha Ritual of the Kemak Tribe from Belu Regency Based on Multimedia

The Ha'a luha ritual is a ritual that is very attached to the Kemak Mi bei community. They think this tradition is very sacred and is carried out yearly because of certain beliefs that convince the assembly of the ha'a luha traditional ceremony. Therefore, many tourists still need to learn about this ritual due to the lack of multimedia-based information media that can provide complete information. Based on this problem, an idea emerged to build a multimedia-based information system to make it easier for everyone to learn about this ritual. The data collection stage in this study used the Multimedia Development Lyfe Cycle (MDLC) method. The MDLC process is a Luther version of the multimedia development method. The steps of the MDLC plan consist of Concept, Design, Material Collecting, Assembly, Testing, and Distribution. This information system was built using Adobe Animate CC2019, an action script programming language, and HTML5. The design of this system uses data flowcharts, Interface Design, Storyboards, Menu views, and table structures. This system was tested using the black box method, where each test ran as expected. In this article, the researcher tries to build an application system that has never been studied by previous researchers so that it can be known by the whole community and learned by future generations so that it is easy to practice when the tribal chiefs are gone.

Engaging students to write procedure texts through the culturally-relevant activity of bark painting

For most EFL students, writing in English is a boring and challenging skill; therefore, creative and attractive media such as bark painting is needed. Bark painting is one of the cultural heritages that has not been valued and recognized by Papuan young people as a culturally important medium. This study aimed at exploring the ways of engaging students to write procedure texts using bark painting and finding the importance of infusing bark painting in teaching procedure text. This descriptive-qualitative study took place in Jayapura, Papua, Indonesia, between January and March 2021. There were students of the Social Science program, 5 Senior High School teachers, 3 tribal chiefs, 3 elders, 3 bark painters, and 2 cultural practitioners involved as the participants. The data were collected by using observation, interview, and FGD (Focus Group Discussion). From the data analysis, the study found that by engaging the students in learning writing procedure text using bark painting, they could effectively and enthusiastically learn the social functions, generic structure, and linguistic features of writing procedure text with a media which is culturally close to them, and they could learn and indirectly disseminate cultural heritage as well as learn the good character of the elders.

Ethnicized Politics in Kenya

This paper aimed at examining ethnicized politics in Kenya and their contribution to elections and public governance from independence to date. This paper looks into the historical context of ethnicized politics in Kenya and events that have entrenched this undesirable factor of Kenya political landscape from colonialization to date. The paper demonstrates how political elites take advantages over their ethnic groups to form political parties that enable them to occupy positions of leadership as tribal chiefs, As politicians they purport to advance their ethnic group’s political interest but their aim is to form governments and to consolidate power. The paper shows that ethnicized politics have led to marginalization of small tribes and their subsequent resentments that have resulted to major conflicts like the post elections violence of 2007, the conflicts witnessed in 2017 and the post elections tensions of 2022. Ethnicized politics have led to demonstrations and political violence in Kenya leading to loss of life and property, human rights violation and abuse of the rule of law. The paper recommends de-escalation of ethnicized politics and enhanced national cohesion. It advocates for granting of national jobs to individuals based on meritocracy rather than ethnicity.

Family and Marriage Traditions in Azerbaıjan Folklore

There are rituals that may or may not include religious practices, such as family and weddings in Azerbaijan Oguz turk culture. Family and marriage are rituals as long as they follow a set of rules. A marriage ritual is something that people do on a regular basis as part of their routine. Partners who take the time to create a love ritual have more devoted and romantic relationships. If you've been looking for a way to revitalize your romance, a love ritual could be the answer. The tribal chiefs put the devoted young males of Azerbaijan's indigenous tribes to the ultimate test. There were difficult and unpleasant responsibilities on the road to love, which resulted in sacrifice and even death. These disasters and stories eventually evolved into secular and poetic fairy tales and legends. These stories depicted exciting and amusing competitions. Even though the lovers were able to endure these trying and painful challenges on occasion, they were unable to achieve their beloved's goal.

Organizational Typology Role of the Niniok Mamak Traditional Tribe in Kanagarian Kuok

The typology of the organization is a form of Niniok Mamak’s role in carrying out existing policies for the Kampar indigenous people. The important role of Niniok Mamak is a leader who regulates and nurtures their nephew’s children following customary and religious rules. This research is qualitative research to collect written descriptive data and oral data from the observed object. Primary data sources are obtained by digging from the source directly to the respondent. In addition, data were obtained through interviews and direct observations in the field. The primary data sources in this study were the Ninik Mamak in the Kampar district community. The secondary data sources are indirect data sources that can provide data for research and were obtained from literature studies, documentation, print media, and electronic media. The results of the research on the role and function of the Niniok Mamak in Kanagarian Kuok in determining the customs have their respective functions which in this study, the total number of Niniok Mamak has 20 (twenty) Niniok Mamak tribal chiefs consisting of 4 (four) tribes: (1) Munip Melayu Nan 9 led by Datuk Penghulu Besar; (2) Munip Piliang Nan 7, led by Datuk Paduko Simarajo, in Piliang Nan 7 there are four Caniago; (3) Munip Domo Nan 3, led by Datuk Paduko Tuan; and (4) Petopang Nan Tunggal was led by Datuk Pakomo. In carrying out the role and function of the Niniok Mamak in the Kerapatan Adat Negeri (LAM/LAK), it is obligatory to take an oath of office as the children’s leader and the community in Kanagarian Kuok. Guidelines in carrying out the roles and functions of traditional leaders in Kanagarian Kuok adhere to: “adat yang bersendikan syarak, syarak bersendikan Kitabullah” (adat based on syarak, syarak based on the Book of Allah). Syarak said the custom of wearing would be accounted for in the hereafter.

Herbal medicinal plants concerning scorpion sting envenomation by ethnic groups of Paderu division, Visakhapatnam district, Andhra Pradesh, India

Worldwide, both traditional and modern medicine relies heavily on plants. In this work, we looked at local medicinal herbs and their use as a kind of treatment for scorpion sting envenomation. Information from the local tribal people from the research area for the year 2021 regarding phytotherapy for the treatment of scorpion stings was collected. Personal interviews were used to gather ethnobotanical data throughout multiple field trips. According to the study, the tribal chiefs have been treating scorpion stings with 20 different plant species from 17 different plant families. Most of the time, roots and paste forms were used. Cow urine, garlic, ginger, and pepper were occasionally combined with primitive medicines made from plants.