Page 1 (data 1 to 13 of 13) | Displayed ini 30 data/page
Corresponding Author
Dasrol Dasrol
Institutions
Faculty of Law, Riau University
Abstract
ABSTRACT Rimbo Forest Seven Lakes in Buluh Village is a Tourism Village located in Siak Hulu District Kampar regency (Riau) To get to the tourist sites in the State of Six Tanjung Chinese Reed Village, we can travel as far as 21 km from downtown Pekanbaru. Forest Rimbo Seven Lakes is one of the Customary land that has the potential for ecotourism activities. As the name implies in this forest there are 7 lake lakes: Lake Pinang Luar, Lake Pinang Dalam, Lake Tanjung Putus, New Lake, Lake Tuok Tonga, Lake Tanjung Balam, Lake Buntal
Keywords
Local Wisdom, Assets, Malay Culture
Topic
Law and Local Wisdom
Corresponding Author
muhammad arauf rauf
Institutions
University of Riau
Abstract
Customary forest is a new history in forest management in Indonesia. Since the beginning, Indonesia has established the protection and management of forest areas, especially those relating to the rights of indigenous peoples, which has its own problems where indigenous peoples must struggle to balance the policies of State regulations in the field of forestry and natural resource management. Long before Indonesian Independence, indigenous peoples units were recognized along with their traditional rights as long as they were still alive and in accordance with the development of the community. The history of Grandfather King Admiral in the Sea is widely known by the people of Indonesia where his tomb is now in the Bukit Batu area, precisely in the village of Sukajadi. In the past Datuk Laksmana Raja in the Sea had a wide enough territory even the King had full control over his territorial territory including in matters of management of rights to land or forest products, but after the formation of the Unitary Republic of Indonesia and the transfer of sovereignty in the State these conditions changed the structure and governance structure of the State including the recognition of Indigenous Rights. Then what is the condition or status of the recognition of rights to customary forests in the Datuk Laksmana Raja in the Sea and how is the form of management of customary areas / territories carried out at the present time. This study uses a sociological legal research method in which the data collected at the research location is processed and analyzed with sentences linked to the theories the researcher presents. From the results of the study it can be concluded that the recognition of Indigenous forests in the Territory of the Raja Datuk Laksamana Raja in the Sea is based on the historical approach inherent as a power during the time of the Raja or Datuk Laksamana in power whose management is then continued by his descendants. current customary forest management in the Datuk Laksamana Raja in the Sea region is very partial and has not been followed by clear tools as the mechanism for determining customary forests by the state so that the status of these customary forest rights creates uncertainty in the community.
Keywords
Customary Forest, Datuk Laksamana
Topic
Law and Local Wisdom
Corresponding Author
Ulfia Hasanah
Institutions
a)law faculty, Riau Univercity
Jalan Pattimura 9, Pekanbaru, Indonesia
ulfia.hasanah[at]lecturer.unri.ac.id
Abstract
As the community develops, the ratio of the number of cases that must be resolved by the court is increasingly out of proportion to the capacity and ability of the court to receive, examine and decide on the cases that enter. Cases handled by the Supreme Court in the period January to October 2016 were 16,012 cases. This number consists of the remaining cases in 2016 as many as 2,357 cases and cases received in that period as many as 13,655 cases. For indigenous peoples, disputes that have been settled have been resolved for a long time through consultation through adat institutions. In the community other than Positive Law there are also known Customary Laws which are followed by generations from generation to generation. This customary law is known as Customary Law. Indonesian traditional law is the embodiment of Indonesian culture. Customary law rests on the mindset of the Indonesian people which is not the same as the mind set in the western legal system or other legal systems. The existence of this customary law also has an influence on the existence of Settlement of disputes in the community based on customary law, the values of which are based on the view of life adopted by the community itself. In Rau Province there are indigenous people who still preserve the use of customary law, especially in relation to dispute resolution. These areas include the Indigenous people of Kampar, Siak, Bengkalis. This type of research will be used is sociological legal research, namely empirical studies to find theories about the process of occurrence and about the process of working of law in society based on applicable laws. From the results of the study it can be seen that there are areas that are still very strong in holding their customs, and there are also areas that are loose in using customary law, and tend to use positive law in dispute resolution. The types of disputes resolved through adat, almost all disputes, such as customary disputes and disputes in general such as land boundary issues, customary marital problems, fighting problems. Sociologically, adat institutions are recognized by the community and become a priority in managing and solving all problems in the community. Settlement through adat institutions is more effective, because an adat institution grows based on values that live in the community and have been recognized and adhered to for generations. In settling this dispute the pattern used by the community is a combination of mediation and arbitration patterns.
Keywords
Dispute resolution, Customary Functionary, Riau
Topic
Law and Local Wisdom
Corresponding Author
Widia Edorita
Institutions
Universitas Riau
Abstract
Indigenous peoples as one of the owners of local knowledge, believe that customary law and traditional knowledge, in a cosmic magical style, make a very large contribution to the sustainability of marine and coastal ecosystems, the sustainability of marine and fishery resources they contain, and environmental sustainability. Orientation to obtain high profits can be bad for the preservation of fish resources and business continuity. Exploiting fish resources which is contrary to the rules of rational management of resources can cause damage to ecosystems. One mode or type of illegal activity that is often carried out by Indonesian fishing vessels in the Indonesian fisheries management area is fishing using prohibited fishing gear. Therefore it is necessary to optimize law enforcement and support from the community together with the values of local wisdom to realize sustainable fisheries resources and make Indonesia a global maritime axis.
Keywords
local wisdom, fishing gear, Riau Malay community
Topic
Law and Local Wisdom
Corresponding Author
Rahmad Hendra
Institutions
University of Indonesia
Abstract
One Single Submission (OSS) contained in PP 24/2018 was launched with a view to providing legal certainty in the investment licensing process in Indonesia, as an embodiment of the Economic Policy Package, one of which is the acceleration of licensing related to land. This OSS system is beneficial for prospective investors or entrepreneurs for the selection of business premises land. But on the other hand it is very detrimental to the community including the customary law community, because the land selection can be done without the knowledge of the actual owner. This research is a normative legal research, data sources obtained from primary legal materials in the form of legislation, jurisprudence and expert opinions relevant to the research. The legal certainty that is expected by the implementation of OSS can actually lead to legal uncertainty, because the OSS system can cause new problems, namely land conflicts between investors and local communities. This study is expected to provide input for the government to immediately undertake efforts to harmonize with the Land Law and the Investment Law.
Keywords
One Single Submission (OSS), investment, legal certainty, land.
Topic
Law and Local Wisdom
Corresponding Author
Hayatul Ismi
Institutions
Faculty of Law, Riau Univercity
Jalan Pattimura 9, Pekanbaru, Indonesia
hayatulismi[at]yahoo.com
Abstract
The use of customary land is indeed used in the interests of the indigenous peoples who occupy the area. Because of the background of the increasingly high needs, indigenous peoples also began to use traditional land as plantation land in collaboration with the company to get more adequate results than before. But there are several things that can trigger disputes. This type of research will be used is sociological legal research, namely empirical studies to find theories about the process of occurrence and about the process of working of law in society based on applicable laws and regulations relating to the protection of the rights of local indigenous peoples in the use of customary land. From the results of the study it can be seen that the cause of the occurrence of customary land disputes in Kenegerian Kuok is due to the arbitrary attitude of the chief / ninik mamak who has power in the adat community so that ninik mamak abuses his power, namely by granting ulayat land to investors without bringing child nephews in deliberation and economic interests, to benefit himself without thinking about his nephews child. The pattern of settlement of customary land disputes in Kenegarian Kuok is resolved by mediation.
Keywords
Pattern, Dispute resolution, Ulayat Land
Topic
Law and Local Wisdom
Corresponding Author
NURAHIM RASUDIN RASUDIN
Institutions
FACULTY OF LAW
RIAU UNIVERSITY
Abstract
The oil palm plantation sector is the largest investment in Siak Regency. However, with the fall in the price of palm oil, making farmers suffer losses in the management of plantation land. However, from the agricultural sector it is more profitable for farmers. For example, from the comparison of chilli prices of Rp. 45,000 per kg up to Rp. 80,000 per kg. while the price of oil palm is only a price range of Rp. 500 / kg up to Rp. 1,000 / kg. Seeing the above phenomenon, Siak Regency people flocked to switch investments from the plantation sector to the agricultural sector. This is also because the comparison of 1 (one) Ha (hectare) palm oil plantations with 1 (one) Ha (hectare) rice farming is more profitable for farmers in the agricultural sector.
Keywords
Investment-Plantation-Agriculture
Topic
Law and Local Wisdom
Corresponding Author
Fitriati Fitriati
Institutions
Master of Law Program in Ekasakti University
Abstract
This study discusses the traditional settlement of criminal acts and their positive impact on the enforcement of criminal procedural law. understand sanctions in adat offenses according to the concept of customary law, cannot study them using western legal concepts. Customary law does not have a closed system of violations. In some areas the application of customary criminal law is still carried out through adat courts. in Pesisir Selatan district in 2016, the settlement of customary criminal acts against criminal gambling was applied. The suspects had the initials NM, IJ, YT, SD, TK, IN and NV gambling (seventh women) in Nagari Surantih which were resolved according to customary law with customary sanctions. Based on the agreement of the adat leaders, the police report was revoked and it was agreed that it would be resolved by custom. Sanctions given in the settlement of this crime are social sanctions. Customary settlement is carried out to stop the criminal procedure law.
Keywords
Customary, Criminal Act, Criminal Procedure Law, Customary Court
Topic
Law and Local Wisdom
Corresponding Author
Gusliana HB
Institutions
Riau University
Abstract
The position of customary forest after the Constitutional Court Decision No. 35/PUU-X/2012, which was formerly regarded as a state forest within the territory of customary law communities, transformed into a forest that is within the territory of customary law communities. Forest control by the state continues to focus on the rights of indigenous people, for as long as they live and in accordance with the development of the community and the principles of the Republic of Indonesia as regulated under the law. The pattern of customary forest protection after the Constitutional Court Decision No. 35/PUU-X/2012 in the context of providing legal protection to indigenous peoples in Riau Province, where the indigenous peoples have the right to open their customary forests to be controlled and cultivate their land to fulfill their personal and family needs. Therefore, it is not possible for the rights owned by the members of the customary law community to be abolished as long as they meet the requirements within the scope of the definition of the customary law community unit referred to in Article 18B paragraph (2) of the 1945 Indonesian Constitution and set forth in a Regional Regulation. Based on the Constitutional Court Decision, in Riau Province, only Kampar Regency submitted to the Ministry of Environment and Forestry regarding the proposed Customary Forest consisting of: 641 ha of customary forest in Batu Songgan Village, 4,414 ha in Gajah Bertalut Village, 251 ha in Petapahan Village, 1,827 ha in Aur Kuning Village, 767 ha in Terusan Village, 156.8 ha in Kampa Village and Koto Perambah Village, and 1,871.7 ha in Bukit Melintang Village
Keywords
Customary Forest, Constitutional Court, Riau
Topic
Law and Local Wisdom
Corresponding Author
Khairani Lubis
Institutions
UNIVERSITAS ANDALAS
Abstract
The current position of the wage board is very strategic due to its recomendations by the governor and/or regent/mayor to set the wage in his region. The board of wage was formed based on the decree of the minister, governor and/or the regency/district in accordance with its position at the national level. The board of wage. The board of wage is a tripartite institution in the field ofwage whose membership conssist of government elements, labor union, and enterpreneurs. Those institution must be in the board of wage. Unions are a platform for worker to organize and fight for their rights. One of the fucntions of the Union is as one component that must be in the board of wage as contained in art 25 No.21 of 2000, said that the unions are entitled to establish institutions or doing something who related to improve the workers welfare/labour; the union is represented by one of the unions in the district/city for the board of wage, and and the union for the wage council in the provincial area. The existence of this union is very important in the organizational of the board of remuneration in decisive and determined the size of wages set. However, it can represent workers is no certainty due to the difference of UU No.21 of 2000 about Labor Union dan UU No.13 of 2003 about Labor Law. According to Law No. 21, there are trade unions formed within a company and outside the company, as well as Law No. 13 of 2003, but it is not explained which can represent workers in a tripartite institution whether there are only trade unions in a company or can also be in outside the company. The obscurity raises debate thus difficulty of forming a board of wage in some areas, including West Sumatera. This study uses a sociological juridical approach using library research dan interviews with the Union workers, Department of Manpower, and the Board of Wage of West Sumatera Province.
Keywords
Strengthening,Board of Wage , Labor organization
Topic
Law and Local Wisdom
Corresponding Author
Meriza Elpha Darnia
Institutions
Universitas Riau
Abstract
The customary leader is an elder and respected person in one community. In the Kampar indigenous people have various forms of community structure known as "Kenegerian", as a combination of tribes or several tribes so that, who sit in kenegerian is the chief. The tribal leader in the tribe is the leader who regulates, fostering nephew children in accordance with the rules of Adat and religious beliefs.These datuok-datuok play an active role in directing, encouraging, coordinating and harmonizing their indigenous communities with local government programs to prosper their communities. Community welfare is the right of every community that must be protected by the government. The term welfare is closely related to the description of the word safe, prosperous, or safe regardless of interference. In indigenous communities, traditional institutions are the executors of the course of welfare guarantees. Because in the adat community an adat system plays an important role in the course of the life process of the community. The realization of community welfare can create a balanced and orderly community structure by providing opportunities for the entire community to obtain a decent life in accordance with the conditions of their respective regions. The local government helps the community in the economic sector such as helping in the agriculture, plantation, and fisheries sectors which are the livelihoods of indigenous peoples.
Keywords
Datuok, welfare, adat system, traditional institution
Topic
Law and Local Wisdom
Corresponding Author
samariadi samariadi
Institutions
Fakultas Hukum, Universitas Riau
Fakultas Kedokteran dan Ilmu Kesehatan, Universitas Abdurrab
Abstract
Fair puts things in their rightful places. Likewise, the role and position of Mamak Adat in resolving domestic cases. Not all household matters must end in divorce, because actually preventing divorce is the key to kinship in the culture of the malay community that-s distinctive with Islamic values. This writing was conducted to determine the role of mamak adat in preventing divorce from the malay community in Rokan Hulu, Riau Province with the malay traditional law approach. The writing method used by the writer is analytical descriptive with a qualitative pattern. The conclusion of this research, was founded mamak adat has a role and function as a median where the complaints meet when disharmony between husband and wife relationships occur. To place the value of family integrity and the future of children above all the interests of the parties.
Keywords
Mamak Adat, Prevention, Household
Topic
Law and Local Wisdom
Corresponding Author
rika lestari lestari
Institutions
a) Faculty of Law University of Riau
Jalan Pattimura No. 9, Gobah, Pekanbaru
*rikalestari2010[at]gmail.com
b) Adat Law Department, Faculty of Law Universitas Gadjah Mada, Yogyakarta
Jalan Sosio Yustisia Nomor 1 Bulaksumur, Sleman DI Yogyakarta 55281
Abstract
The existence of Adat Law Community in Kampar Regency has existed since a long time ago. State protection of the rights fulfillment in Kampar Regency needs to be improved. This paper examines the protection of Adat Law community rights in Kampar Regency through local regulations and seeks solutions for how to provide effective protection for the fulfillment of their rights. The approach in this study is normative-empirical research with the source of the data is primary data obtained through interviews with Adat Chief of Adat Law communities in Kampar Regency, and then the data are analyzed qualitatively and concluded inductively. This research concludes that there are several Regional regulations to protect the rights of Adat Law community in Kampar Regency, but there are still many obstacles in fulfilling their rights. In the future, it requires the synergy between the local government, Adat Chief, and Adat Law Community to maximize the protection of their rights fulfillment to advance Adat Law Community of Kampar Regency.
Keywords
Protection, The Rights, Adat Law Community, Kampar Regency
Topic
Law and Local Wisdom
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