Legal Development of Coastal Marine Management Based on the Idea of Pancasila

In relation to the positive law, the management of marine and coastal natural resources, there is also the rule of customary law. Customary law that still lives and develops in indigenous peoples also regulates the management system and utilization of natural resources in coastal and marine areas. Recognition of the rights of indigenous peoples is constitutionally contained in the 1945 Constitution of the State of the Republic of Indonesia where the state recognizes the existence of the Customary Law Community. In Maluku, marine potency management in general is still done traditionally known as marine customary rights that have been going on for generations but not yet fully recognized either by the government or entrepreneurs who are actually important partners in the development process.

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KEDUDUKAN HUKUM HAK ULAYAT MASYARAKAT HUKUM ADAT DIHUBUNGKAN DENGAN OTONOMI DAERAH (STUDI DI KECAMATAN HARIAN KABUPATEN SAMOSIR)

Jurnal Darma Agung ◽

10.46930/ojsuda.v29i1.940 ◽

2021 ◽

Vol 29 (2) ◽

pp. 125

Author(s):

Mangapul Marbun

Keyword(s):

Indigenous Peoples ◽

The State ◽

Customary Law ◽

Regional Government ◽

Legal Certainty ◽

Regional Autonomy ◽

Community Rights ◽

Customary Rights ◽

The Republic ◽

The Government

The position of the customary rights of the customary law community in the Toba Batak community, namely the rights owned by a clan (State land), controlled, managed, utilized, the land and its contents for the needs of the citizens / descendants of the partnership as collective property that can be passed down from generation to generation (geneological) based on customary law. The UUPA recognizes the position of the ulayat rights of the customary law community in a formal juridical manner with discussion if in reality it still exists and does not conflict with the interests of the national, nation and state. The 1945 Constitution of the Republic of Indonesia Article 18-B paragraph (2), Article 28-I paragraph (3) The State recognizes and respects the customary public and their traditional rights as long as they are still alive. The cultural identity of traditional community rights is respected in accordance with the times and civilizations. The position of the customary rights of the Batak Toba community (land marga) in this study is still not as expected, in regulating and protecting laws from the past to the present, regulation and protection are still based on local customary laws. In Law No. 23/2014/9/2015 concerning Regional Government grants the authority of rights and responsibilities to provincial, regency / city governments to regulate and manage their own regions, one of the areas of defense based on the widest possible regional autonomy. The authority, rights and responsibilities of regional governments in regulating and protecting, managing their own ulayat rights (clan land) in certain areas are also in line with Presidential Decree No. 34 regarding policies in the defense sector, one of which is stipulation and is also in line with the government regulation of the Republic of Indonesia No. 38 Year 20007 concerning the Division of Government Affairs between the government and the Provincial Government of the Regency / City Government as a government affair which becomes the authority of the regional government towards the position of the ulayat rights of the customary law community in certain areas. In this study, in the Daily District of Samosir Regency. The authority, rights and obligations of Regional Government through stipulation in the form of Regional regulations have not been implemented, especially regarding local clan lands (ulayat rights of indigenous peoples). Therefore, this problem needs to be researched to get a true picture of the status of customary community rights in relation to regional autonomy in the Daily District of Samosir Regency. The results of this study, in the Samosir Kewenagan Regency Daily sub-district, the rights and obligations of regional government, it turns out that Tanah Marga (Hak Ulayat) is still regulated by local customary law, in fact the local government has the authority, rights and obligations to regulate and protect Ulayat Rights (Tanah Marga). certain by stipulation in the form of regional regulations, with the aim of providing legal certainty and benefits for the customary law community. Based on the research, it shows that the Land of Marga / Ulayat Rights of Indigenous Peoples in Harian District, generally in Samosir Regency, both horizontally and vertically until this research was conducted, there has been no settlement of certain customary rights of customary communities, in other words conflict resolution is still stagnant. The government needs to immediately establish the customary rights of customary communities in the form of a law. To ensure legal certainty / benefit and justice for all certain Customary law communities. Because ulayat rights are basically still found and still live according to the civilization of the Batak Toba people in the Daily District of Samosir Regency, which does not conflict with the development and interests of the Nation and the State.

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Politik Hukum Agraria Pada Tanah Ulayat

Jurnal Aktual Justice ◽

10.47329/aktualjustice.v4i1.472 ◽

2019 ◽

Vol 4 (1) ◽

pp. 24-38

Author(s):

I Nyoman Prabu Buana Rumiartha

Keyword(s):

Indigenous Peoples ◽

Land Rights ◽

The State ◽

Customary Law ◽

Positive Law ◽

Agrarian Law ◽

The Republic ◽

Customary Land ◽

The Mind ◽

Article 5

The responsive character of Law Number 5 of 1960 concerning Basic Regulations on the Principles of Agrarian Law is reflected in the norms contained in Article 5. The politics of agrarian law on customary land also refers to Article 18B paragraph (2) of the 1945 Constitution which emphasizes: "The state recognizes and respect indigenous peoples and their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia as regulated in law ". The above constitutional guarantees can then be traced in the UUPA, particularly in Article 5 of the UUPA which states that national agrarian law is based on customary law. This means that the legal strength of land rights for customary communities is highly guaranteed in Indonesia's positive law. That the control of ulayat / customary land is not regulated in writing but it is felt in the mind of each member of the customary law community, besides that the customary law community has historically been founded in philosophy before the birth of the Indonesian State.

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Konstitusionalitas Hak Masyarakat Hukum Adat atas Hak Ulayat Rumpon di Provinsi Lampung

Jurnal Konstitusi ◽

10.31078/jk1431 ◽

2018 ◽

Vol 14 (3) ◽

pp. 463

Author(s):

Ahmad Redi ◽

Yuwono Prianto ◽

Tundjung Herning Sitabuana ◽

Ade Adhari

Keyword(s):

Indigenous Peoples ◽

Research Method ◽

Legal Aspects ◽

Coastal Communities ◽

Customary Law ◽

Fishing Gear ◽

Constitutional Protection ◽

Customary Rights ◽

The Republic ◽

The Government

Pasal 18B ayat (2) UUD NRI 1945 mengatur mengenai penghormatan dan pengakuan atas satuan-satuan masyarakat hukum adat beserta hak-hak tradisionalnya sepanjang keberadaannya masih ada. Salah satu hak masyarakat adat di masyarakat pesisir di Provinsi Lampung ialah hak rumpon sebagai hak ulayat laut. Rumpon laut secara bahasa merupakan jenis alat bantu penangkapan ikan yang dipasang di laut, baik laut dangkal maupun laut dalam. Saat ini eksistensi rumpon laut terancam keberadaannya karena untuk menjaga dan melestarikan sistem pengelolaan perikanan ini tidak didukung oleh tindakan nyata oleh Pemerintah dan masyarakat sekitar pesisir. Tulisan ini melakukan pengkajian atas hak masyarakat hukum atas hak ulayat rumpon di Provinsi Lampung dengan fokus penelitian pada eksistensi hak ulayat laut rumpon pada masyarakat Lampung dan perlindungan konstitusional atas hak ulayat rumpon laut. Metode penelitian yang digunakan yaitu metode socio-legal yang melakukan kajian terhadap aspek hukum dalam ranah das sollen dan das sein.Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia regulates the respect and recognition on customary law community units and their traditional rights as long as they still exist. One of the rights of indigenous peoples in coastal communities in Lampung Province is rumpon’s right as the ulayat right of the sea. Literaly, Rumpon laut is a type of fishing gear installed in the sea, both the shallow and the deep one. Currently the existence of rumpon laut is threatened because the maintenance is not supported by concrete actions by the Government and coastal communities. This paper conducts an assessment of the community’s right on customary rights of rumpon laut in Lampung Province. This paper focuses on the existence of the ulayat right of rumpon laut in Lampung and the constitutional protection of the ulayat right of rumpon laut. The research method used is a sociolegal method that studies the legal aspects in the realm of das sollen and das sein.

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Hak Masyarakat Hukum Adat Dalam Pelaksanaan Pengadaan Tanah Ulayat Bagi Pembangunan Untuk Kepentingan Umum

SALAM Jurnal Sosial dan Budaya Syar i ◽

10.15408/sjsbs.v8i1.19395 ◽

2021 ◽

Vol 8 (1) ◽

Author(s):

Miranda Nissa Hilal Liani ◽

Atik Winanti

Keyword(s):

Indigenous Peoples ◽

Public Interest ◽

The State ◽

Customary Law ◽

Land Acquisition ◽

Conceptual Approach ◽

The Public ◽

Role Of The State ◽

The Government

AbstractLand is a natural wealth that is very important for humans and has an important function in development. In carrying out activities carried out by the government, namely land acquisition for the public interest, which has the aim of building public facilities for the benefit of the community. In carrying out land acquisition, ulayat land is often the target for alleged land acquisition. However, using ulayat land for land acquisition often creates problems. The purpose of this paper is to determine the control of indigenous peoples' rights in land acquisition and to determine the role of the state in providing compensation for land acquisition for development in the public interest. The research method used is juridical normative using a statutory approach and a conceptual approach. The result of this research is that the rights of customary law communities have been regulated constitutionally by the State, and the role of indigenous peoples is regulated in Law no. 71/2012. However, the fact is that during the land acquisition process, customary law communities are often not involved, the government should provide legal certainty and protection to the customary law community so that these problems do not harm the customary law community.Keyword: Land Procurement, Customary Law Communities, Customary Land. AbstrakTanah merupakan kekayaan alam yang sangat penting bagi manusia dan memiliki fungsi yang penting dalam pembangunan. Dalam melakukan kegiatan yang dilakukan oleh pemerintah yaitu pengadaan tanah bagi kepentingan umum, yang mana memiliki tujuan untuk membangun fasilittas umum agar bermanfaat bagi masyarakat. Dalam melakukan pengadaan tanah, seringkali tanah ulayat dijadikan sasaran untuk diduganakan pengadaan tanah. Namun, dalam menggunakan tanah ulayat untuk pengadaan tanah tersebut seringkali menimbulkan masalah. Tujuan dari penulisan ini untuk mengetahui pengantutan mengenai hak-hak masyarakat adat dalam pengadaan tanah dan untuk mengetahui peran negara dalam pemberian ganti kerugian pada pengadaan tanah bagi pembangunan untuk kepentingan umum. Metode penelitian yang digunakan adalah yuridis normative dengan menggunakan pendekatan perundang-undangan dan pendekatan konseptual. Hasil dari penelitian ini adalah bahwa hak masyarakat hukum adat telah diatur secara konstitutional oleh Negara, serta peran masyarakat hukum adat diatur didalam UU No. 71/2012. Namun pada faktanya saat proses pengadaan tanah, masyarakat hukum adat seringkali tidak dilibatkan, seharusnya pemerintah dalam pengadaan tanah memberikan kepastian serta perlindnungan hukum kepada masyarakat hukum adat agar permasalahan-permasalahan tersebut tidak merugikan masyarakat hukum adat.Kata Kunci: Pengadaan Tanah, Masyarakat adat, Tanah Ulayat

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Peraturan Hukum Adat Baduy dan Hierarki Menurut Undang Undang yang Berlaku

Jurnal Panorama Hukum ◽

10.21067/jph.v6i1.5157 ◽

2021 ◽

Vol 6 (1) ◽

pp. 32-39

Author(s):

Putri Azzahra Maghfiroh

Keyword(s):

Indigenous People ◽

Indigenous Peoples ◽

Geographical Location ◽

Capital City ◽

Customary Law ◽

Technological Advances ◽

Customary Rights ◽

Customary Laws ◽

The Republic ◽

The Government

The Baduy tribe is located closest to the capital city of the country. This is special to describe, how Baduy maintains its customs and customary laws in the midst of the influence of technological advances and the development of positive Indonesian law which is especially due to its geographical location not far from the metropolitan city, namely Jakarta and its surroundings. Then the purpose of this study also wants to reveal how Baduy customary law regulations and hierarchy according to applicable laws. Baduy is an ethnic indigenous people who still live in Indonesia. The hierarchy or order of laws and regulations in Indonesia refers to the recognition and respect given by the state in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which is not sufficient to protect the rights of the Baduy customary law community plus the weakness of Perda No.32 of 2001 which discuss the customary rights of the Baduy customary community only. The clash of Baduy traditional interests with the government system has made Baduy weaker in terms of representation. The government must immediately draft a law related to the protection of Baduy customary rights and or create a representation mechanism for indigenous peoples.

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Pengakuan dan Perlindungan Hukum Terhadap Eksistensi Pemerintahan Adat

SASI ◽

10.47268/sasi.v26i2.305 ◽

2020 ◽

Vol 26 (2) ◽

pp. 188 ◽

Cited By ~ 1

Author(s):

Jenny Kristiana Matuankotta

Keyword(s):

Indigenous Peoples ◽

The State ◽

Customary Law ◽

Legal Recognition ◽

Regional Policies ◽

Unitary State ◽

The Republic ◽

Research Show

The existence of Customary Law Communities in Indonesia, including Customary Law Communities in the State of Eti, West Seram Regency is a fact in the life of the nation and the State in the Unitary State of the Republic of Indonesia. The existence of the Customary Law Community, including its Customary Government system, should also receive legal recognition and protection in accordance with constitutional recognition as regulated in the 1945 Constitution of the Republic of Indonesia Article 18B Paragraph (2). The results of the research show that although the existence of constitutional communities has been recognized constitutionally by the State, the implementation of regional policies related to the recognition and protection of indigenous peoples including their customary government has not been recognized in regional regulations that contain such recognition.

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PENGAKUAN DAN PERLINDUNGAN HUKUM TERHADAP MASYARAKAT HUKUM ADAT (DALAM PERSPEKTIF NEGARA HUKUM)

GANEC SWARA ◽

10.35327/gara.v14i1.119 ◽

2020 ◽

Vol 14 (1) ◽

pp. 439

Author(s):

NI LUH ARININGSIH SARI

Keyword(s):

Social Life ◽

Indigenous Community ◽

The State ◽

Customary Law ◽

Unitary State ◽

Indigenous Groups ◽

Customary Rights ◽

The Republic ◽

The Government ◽

Laws And Regulations

The State of Indonesia as an archipelago with thousands of ethnic groups with a variety of different cultural customs in indigenous groups and local wisdom makes the State of Indonesia famous as a country rich in ethnicisity. The existence of indigenous community in various laws and regulations including the Constitution recognizes the existence of indigenous community and even the constitution mandates separate regulations in the form of laws to protect the existence of them and their customary rights. However, in practice in social life, their existence has not yet received serious protection from the government. This can be seen from the fact that not all regional heads inventoried and made local regulations related to indigenous community and local wisdom in their area and the rights of indigenous community to their customary territories are often disturbed by the rights granted by the laws and regulations made by the State. Whereas the state's recognition of the existence of customary law communities has been regulated in various national laws and regulations even in the Unitary State of the Republic of Indonesia, namely in the 1945 Constitution Article 18B paragraph (2) containing that the State recognizes and respects community units customary law and traditional rights as long as they are still alive and in accordance with the development of society and the principles of the Unitary State of the Republic of Indonesia as stipulated in the law.

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IMPLEMENTATION OF ARTICLE 3 LAW NUMBER 4 OF 2009 CONCERNING MINERAL AND COAL MINING IN THE GRANTING OF EXPLORATION MINING BUSINESS LICENSE

PRANATA HUKUM ◽

10.36448/pranatahukum.v16i01.236 ◽

2021 ◽

Vol 16 (01) ◽

pp. 13-25

Author(s):

Anggalana ◽

Dery Putra ◽

Chandra Reformasi

Keyword(s):

Natural Resources ◽

Coal Mining ◽

Government Agency ◽

The State ◽

Mining Activities ◽

The Earth ◽

Mining Investment ◽

The People ◽

The Republic ◽

The Government

Indonesia is a country rich in natural resources. Therefore, the Government isexpected to be able to manage these natural resources with the aim of people's welfare in accordance with the mandate of the Constitution of the Republic of Indonesia 1945 as stipulated in Article 33 paragraph (3) which reads "The Earth, water and natural resources contained therein are controlled by the state and used for the greater prosperity of the people ". Article 3 of Law Number 4 Year 2009 concerning Mineral and Coal Mining provides guidelines for the government in the implementation of mining business activities and to support the implementation of licensing of mining business activities. The issue of how to implement the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province and how to supervise mining business activities in Lampung Province. The method used uses normative and empirical juridical research. The implementation of the granting of exploration mining business licenses based on Article 3 of Law No. 4 of 2009 on Mineral and Coal Mining in Lampung Province has been running but not yet maximal because the permit process is too long so that the purpose of the implementation of mining business activities is not achieved. The suggestion is that the license for exploration mining activities must be carried out by one government agency / agency, in order to facilitate the process of obtaining the permit in order to support the effectiveness of mining activities and the cycle of domestic mining investment, especially in Lampung Province.

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PERLINDUNGAN MASYARAKAT HUKUM ADAT DI WILAYAH PESISIR PASCA BERLAKUNYA UU NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA

Perspektif Hukum ◽

10.30649/ph.v21i2.99 ◽

2021 ◽

pp. 52-73

Author(s):

Mohammad Zamroni ◽

Rachman Maulana Kafrawi

Keyword(s):

Natural Resources ◽

Indigenous Peoples ◽

Job Creation ◽

Coastal Areas ◽

Customary Law ◽

Small Island ◽

Small Islands ◽

Indigenous Law ◽

The People ◽

The Republic

Indonesia as an archipelagic country consisting of large and small islands separated by the ocean with geographical conditions has a total area of 7,827,087 Km2 and is located in Equatorial emeralds have a wealth of abundant natural resources, especially in the sea and coastal areas which cover of the territory of Indonesia (5.8 million Km2). Article 18 B paragraph (2) and Article 28 I paragraph (3) of the 1945 Constitution of the Republic of Indonesia as the constitutional basis for recognition and protection the rights of indigenous peoples in coastal areas and small islands. Resource wealth nature in the form of coastal areas and small islands controlled and managed by the state tothe greatest prosperity of the people. State recognition of the existence of the legal community customs related to natural resources are inconsistent. The formulation of the problem from this research is (1) The legal construction of the Job Creation Law on the protection of customary law communities in the territory coast. (2) Implications of the Job Creation Law on the protection of customary law communities in the region coast. The research method in this writing is normative juridical. In summary, the result of In this research, the desired law is a law that provides protection against community members including customary law communities in coastal areas and islands small island, then an impartial legal instrument in the recognition of existence Indigenous Law Communities, for example in the Job Creation Law, which has not been in favor of Protection of Indigenous Peoples in Coastal Areas and Small Islands.

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EKSISTENSI PENGADILAN NEGERI DALAM PENYELESAIAN SENGEKETA ADAT DI BALI

Res Judicata ◽

10.29406/rj.v2i2.1751 ◽

2019 ◽

Vol 2 (2) ◽

pp. 299

Author(s):

Mita Dwijayanti

Keyword(s):

Indigenous Peoples ◽

Rule Of Law ◽

The State ◽

Customary Law ◽

Legal Subject ◽

Unitary State ◽

Or Groups ◽

Written Law ◽

The Republic ◽

Legal Consequences

Customary disputes are part of customary conflicts, whether the subjects are individuals or groups of people as a community, known as indigenous peoples in the form of traditional banjars. Based on article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) that the Indonesian nation is a rule of law, the consequence of a rule of law in Indonesia is that everything must be regulated in law. The enactment of written law in Indonesia causes the recognition of the rights of indigenous peoples in Indonesia to be recognized in writing in the Constitution, namely Article 18 B of the 1945 Constitution. If referring to article 18B paragraph (2) which formulates "the State recognizes and respects traditional law units along with their traditional rights as long as they are still alive and in accordance with the development of society and the principles of the unitary state of the Republic of Indonesia, which are regulated by Law then basically customary law community unit is a legal subject that can carry out legal actions. The ability to carry out legal actions by indigenous peoples has an impact on the legal consequences.

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