A HISTORICAL AND JURIDICAL REVIEW OF STATUS AND RIGHTS OF INDIGENOUS PEOPLES TO LAND IN DELI SULTANATE, NORTH SUMATRA (original) (raw)
Related papers
Nagari Minangkabau: The Study of Indigenous Institutions in West Sumatra, Indonesia
Jurnal Bina Praja
Nagari as government and customary institutions in West Sumatra is torn between the interests of the government system and the importance of maintaining the fundamental values in the community. Various government regulations regarding the village or Nagari generate new questions, the loss of the community's identity and local wisdom of Nagari as an autonomous and independent society. This study aims to explore and describe the Nagari system of government, as a social system of indigenous peoples of Minangkabau that combine the state government system with the adat system of local customary institutions. The study was conducted with qualitative methods, using in-depth interviews with the community leaders as well as some observations related to the dynamics of its social community in addition to literature study. This study found that Nagari as Minangkabau community social unity has a sacred local wisdom from the community's comprehensive thinking, and natural conditions. With its history, Nagari grows as an autonomous region where the community manages the social and natural resources potential independently. The Institutional system of Nagari is a combination between the state, custom, and religion, which is combined in the framework of tungku tigo sajarangan, tali tigo sapilin, the government, niniek mamak, and religious scholars. The social system that emerged from the wisdom of "reading" nature, as the strength of the Minangkabau community, made Nagari be one of the regions in Indonesia which are called by the Netherlands as "the Small Republic".
LEGAL PLURALISM OF SPATIAL RIGHTS OF INDIGENOUS PEOPLE IN ARCIPELAGIC PROVINCE IN INDONESIA
Conditional recognition of customary law communities and their traditional rights in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia weakens the position of indigenous peoples in the fulfillment and protection of spatial planning rights as the operationalization of beschikkingrecht from the values of justice and welfare which are the goals of national development. This research is normative legal research that analyzes customary law community rights in living space as regulated in Law Number 26 of 2007 and Law Number 27 of 2007 based on the theory of legal pluralism. The results of the study show that (1) the relationship between the customary law community and the living space is magical and religious, which creates awareness of adaptation to maintain the balance of the cosmos through devotion/can in the form of rituals that are adhered to based on customary values (customary decisions) regarding the right to regulate, organize allotments and use and maintain the sustainability of living space, an ancestral heirloom. (2) The management of the living space and resources of the indigenous peoples of the archipelagic province in Indonesia reflects weak legal pluralism. Therefore it is necessary to recognize the customary law communities through harmonization and formulation of norms for the recognition of customary law communities, territories, rights of legal subjects, as well as the concept of one map in the revision of the Spatial Planning Law and the Employment Creation Law as well as encouraging the acceleration of the bill on customary law communities as lex specialis for the recognition and protection of indigenous peoples in Indonesia.
Dilemma of customary land policy in Indonesia
Masyarakat, Kebudayaan dan Politik , 2019
Indonesia's policy of customary land regulation does not eradicate the problems faced by indigenous people. Disputes over customary land proprietary rights continue to occur even in this current era of decentralization and democracy. Departing from empirical phenomena, this study aims to uncover customary land policy dilemmas and explore strategies to reconstruct customary land policies in Indonesia. This study uses a qualitative approach to literature study methods. This study was conducted in Indonesia and uses various cases of customary land policy from the provinces of Riau, East Kalimantan, and Papua. The data collected in this study is derived from books, documents, journals, research results, and news in electronic media. The results of the study show that Indonesia has a policy dilemma in the regulation of customary land for a number of reasons. First, customary land policies governed by customary law and national law often result in disputes. Second, in relation to natural resources management, there is no synchronization and harmony between sectoral laws and the Basic Principles of Agrarian Law (UUPA). Third, the government is yet to create policies at the local level regarding the protection and recognition of customary land. Therefore, the ideal strategy of policy reconstruction is to create a synergy between government institutions and all stakeholders in the policymaking process of customary land regulation. The conclusion of this study is that the policy dilemma of customary land in Indonesia will continue to occur if the government does not involve the participation of indigenous people and groups of interest in the policymaking process of customary land regulation. Abstrak Kebijakan tanah ulayat di Indonesia masih menyisakan persoalan bagi masyarakat adat. Konflik terhadap penguasaan tanah ulayat terus terjadi hingga era desentralisasi dan demokrasi saat ini. Berangkat dari fenomena empirik tersebut, maka studi ini bertujuan untuk mengungkap dilema kebijakan tanah ulayat dan mengeksplorasi strategi untuk merekonstruksi kebijakan tanah ulayat di Indonesia. Penelitian ini menggunakan pendekatan kualitatif dengan metode studi kepustakaan. Studi ini dilakukan di Indonesia dengan mengambil berbagai kasus tanah ulayat sebagian besar yang terjadi di Provinsi Riau, Kalimantan Timur, dan Papua. Data dalam penelitian ini dikumpulkan dari sumber-sumber yang berasal dari buku-buku, dokumen-dokumen, jurnal, hasil penelitian, dan berita di media elektronik. Hasil penelitian menunjukkan bahwa dilema kebijakan Dari penelitian ini diperoleh hasil bahwa di Indonesia mengalami dilema kebijakan dalam pengaturan tanah ulayat yaitu; Pertama, kebijakan tanah ulayat yang diatur oleh hukum adat dan hukum nasional sering dipertentangkan; Kedua, tidak sinkron dan disharmoni antara UUPA dengan Undang-Undang sektoral yang berkaitan dengan pengelolaan sumber daya alam; Ketiga, kebijakan pada tataran lokal yang masih belum dibuat dalam melindungi dan mengakui tanah ulayat. Oleh karena itu, strategi dalam merekonstruksi kebjakan adalah dengan sinergitas antar lembaga pemerintahan dan melibatkan seluruh stakeholders dalam penyusunan kebijakan yang berkaitan dengan pengaturan tanah ulayat. Simpulan dalam penelitian ini adalah dilema kebijakan tanah ulayat di Indonesia akan terus terjadi, apabila kebijakan yang dibuat hanya menitikberatkan pada pandangan pemerintah tanpa melibatkan partisipasi masyarakat adat dan kelompok kepentingan. Kata kunci: tanah ulayat; dilema kebijakan; rekonstruksi kebijakan; masyarakat adat 134. Accreditaion Decree (B): No. 60/E/KPT/2016
Communal Land Rights of Malay People in North Sumatera: Power, State and Deulayatisasi
Indonesia Law Review, 2014
This article aims to unravel a shift of control / ownership of communal land of the Malays of Deli in North Sumatra. The commonly well-known communal lands, before the arrival of the Dutch colonial, was still inherent with the authorities of villages and was evolutionarily taken over by the foreign planters through concessionary contracts, which were dully signed by the Sultanate of Deli and the said foreign planters. The Indonesian independence in 1945 and the period that went beyond had in fact not contributed any improvement of the situation and instead it had exacerbated social and legal relations between the Malays of Deli and their ancestral lands. The said successful state laws had been so successful to keep these local natives away from their most important resource of life, namely their very lands. "Deulayatisasi" through state laws that was heavily oriented to the interests of capitalization to have seemingly been so successful to curtail the long journey of communal land rights in this country that seemed to have been pioneered by Van Vollenhoven during the early period of 20 th century. The customary land law, in Indonesia, will someday become a kind of a beautiful story in the course of historiographical laws of Indonesia.
INDIGENOUS COMMUNITY, CUSTOMARY LAW AND MULTICULTURALISME IN INDONESIA
Journal, 2013
The awareness of awakening and efforts in reviving the customary law of indigenous communities in Indonesia has been going on for a long time, at least since the end of the reign of the New Order Regime. Customary law as one of the authentic capital of indigenous communities is a reflection of the existence of multicultural principles that have actually existed and been part of the Indonesian society. This work explores the case of cutomary law in West Kalimantan on Katab Kebahan’s practices in Melawi which is potential to be included to the National law. The role of customary law in the life of the multicultural society, like West Kalimantan society, in the modern era should be aligned with the history of the Unitary State of the Republic of Indonesia which was founded by the best children of the nations that agreed to establish a state based on the supremacy of law. Customary law is part of the state law. Therefore, there is s need to think of a proper format for the position and the role of customary law in the Indonesian legal system for the prosperity of society based on equality before the law and justice in accordance with the ideals of the nation. This paper suggests that, as an alternative as to where we might put the position of customary law in a multicultural nation today, we can take the example from patterns made by several countries that have adopted Restorative Justice systems with the main principles that the law is a device to resolve the problems in a just and fair way and with the awareness to return all the problems to the perspective of the law for the common good. Key words: cutomary law, mulitcultural society, restorative, justice
i-WIN LIBRARY, 2021
State life always develops over time. Likewise, the social life of its people continues to develop and forces the state to carry out development. This does not always have a positive impact because there are various problems that must be faced. One of these problems is the existence of indigenous peoples' rights were violated. Indonesia and Malaysia as cognate countries have similar problems in their efforts to protect the rights of indigenous peoples. The method used in this study is a formal review method with a comparative approach. Data collection was carried out through literature study with reference to secondary data which was analyzed qualitatively. The rights of indigenous peoples that are often violated are changing the function of customary lands carried out by the state or by companies that have cultivation rights. The existing legal instruments seem unable to protect the rights of indigenous peoples. In addition, the existence of certain indigenous peoples and their traditional culture is possibly extinct. It takes the seriousness of the government to be able to solve this problem. Improvement of the rule of law is a mandatory step to be taken so that legal certainty can be guaranteed. Data collection on indigenous groups, the area of customary land, and their traditional culture must also be carried out immediately to protect its existence. The state as an authority organization that oversees indigenous peoples must be justice for them by protecting every right owned by indigenous peoples
Indigenous Community Existence In Indonesia's Constitution
Melayunesia law, 2022
Law enforcers in their thoughts and behavior in enforcing the law improve the existence of indigenous peoples and their traditional rights. This can be proven by the process of law enforcement starting from the police, prosecutor's office to the court that gave bad decisions. This conceptual study aims so that everyone can understand the meaning of indigenous peoples, the existence of indigenous peoples in the Indonesian constitution, and recognize and respect the existence of indigenous peoples so that justice can be upheld for indigenous peoples. Based on the study it can be concluded that indigenous peoples are people who have territory, the government, law and citizens are independent and have existed since the Indonesian state was not yet formed and the existence of indigenous peoples in the Indonesian constitution has been recognized since Indonesia's independence until now whose regulations have been clearer than previous constitutions.
Customary Land Tenure Values in Nagari Kayu Tanam, West Sumatra
Cosmopolitan Civil Societies: An Interdisciplinary Journal
The transfer of rights or transactions does not exist in customary land tenure because it is a common property; thus, it can never be transferred to another party. On the other hand, in the Minangkabau indigenous community, West Sumatra, there is a shift in the concept of ulayat land tenure that occurs through two forms of change with six values: religious-magical, self-existence, socio-kinship, cultures and customs, structural and socio-economic asset values. This research will present the concept of the customary land tenure, which is based on these values. The study uses the socio-legal method with sociological approaches, including historical and case approaches. This research shows that there has been a change in land tenure values, moving from communal ownership to individual ownership. There has been an interaction between the laws, the incorporation interaction. It becomes the right concept for the customary land tenure in the future.