AbstrakMasyarakat adat adalah sekelompok orang yang memiliki perasaan yang sama dalam kelompok, tinggal di satu tempat karena genealogi atau faktor geologi. Mereka memiliki hukum adat mereka sendiri yang mengatur tentang hak dan kewajiban pada barangbarang material dan immateri. Mereka juga memiliki lembaga sosial, kepemimpinan adat, dan peradilan adat yang diakui oleh kelompok. Perlindungan pada masyarakat adat yang diatur dalam Pasal 18B (2) dan Pasal 28I ayat (3) dalam Konstitusi Indonesia 1945 dan di beberapa tata hukum Indonesia tidak dapat dilaksanakan dengan baik karena sangat perlu peraturan operasional. Hal ini dikarenakan amandemen UUD 1945 saat itu sarat dengan Kepentingan politik pada saat itu, sehingga kata-kata pembangunan Pasal 18B ayat (2) ambivalen dalam arti. Dalam satu sisi, negara mengakui dan menghargai hak-hak masyarakat adat, namun di sisi lain mereka dituntut dengan persyaratan yang sulit dalam mewujudkan hak-hak mereka. Abstract
The research discusses: First, the existence of traditional law community and its regulation in Constitution 1945; second, the attempts that the traditional law community (MHA) must do as to preserve their values in a community; third, the relevance between theory and concept in preparing the development and making of the legal instrument for MHA values conservation. The literature study was conducted by collecting the primary and secondary materials to answer the research questions. The findings conclude that: First, the MHA position has been ratified as stipulated in Article 18B verse (2) and Article 28 verse (3) of Constitution 1945 and in other sectoral laws. Second, the MHA status and other traditional rights are not yet able to apply due to internal factors including the contradiction between the regulations of law related to MHA regulation and external factor, which is state institutions such as Ministry of Forestry and Ministry of Mining with formal evidence can easily turn down the MHA claim and its traditional rights. Third, the strengthening of MHA status and its traditional rights will increase if the Central Government describes them in the more concrete law.
This research aimed to answer three problems: First, how is the Policy of President Trump related to banning on Muslim immigrants from living in the United States based on International Law and International human Right Law perspectives, and second, what are the responses and efforts of the US citizens related to condition of Muslim immigrants in the US. This research used normative legal research with library study. This study showe that: First, the policy of President Trump related to banning on Muslim immigrants has partly violated the international regulations and human rights, particularly UNHCR Convention 1951, ICCPR, and ICESCR 1966; Second, the responses of the US citizens are manifested in the forms of not only standing against the Policy of President Trump, but also fighting for the basic rights and freedom of Muslim immigrants by many lawyers, either by providing consultation and defense in court on a free basis, or by lobbying and negotiating with legislative institutions both at the state and federal government level.
This research is based on the foiiowing academic questions. The first is dealt with the probiem of what is the function of concept paradigm in realitation to develop social sciences and legalJurisprudence. The second is concerned with the problem of how relevant does it Pancasila National Philosophy into a propetic paradigm for the purpose of teaching and research development The third is why does it prophetic paradigm important to change situation of teaching and research development This article concludes that a paradigm in respect to social sciences and legal Juriprudence is important to be used in order to facilitate a teaching and research in more inclusive dimension. So, it is imposible to radically change legal thought without taking into account believe system which inspires to understand concepts, methods and its analyses. The second is that Islamic values consists of iman, Islam, and ichsan do not contrave with basic phylosophy of Pancasila, so that an academic objective of legal Jurisprudence is not misely based on posltivisic theory. But, it is also important to take into account such approach as ontology, epistimology, and axiology accommoded into teaching and research development in respect to legalJurisprudence. Lastly that some partners of prophetic paradigm in legal Jurisprudence concerns very much in effort to integrate a good person and a good law in teaching process and develop to exercise devine taw and human made law in order to obtain a constructive concept of law and Justice are untiled at one.
This article sum up that Judicial Commission (JC) in Indonesia has a strong position in the constitution, UUD 1945 (after amendment). Its JC's position is legally considered a similar position with The Supreme Court and Constitutional Court. In practice, however, its JC's function is less effective to be an external control against judges code of conduct. Three factors are involved to make the JC fails to establish control effectively. One is the decreasing integrity of the JC due to the fact that The Deputy of Chief was involved in bribery practice. Second, the weakness of leadership which set a side of the JC's core business, as an external control. The third, The Constitutional Court is decision led the JC's function to undermine its authority. In order to improve its effective control, it is necessary to attempt certain efforts. On the one hand, the JC is demanding not only to maintain its personal integrity, but also need to change a leadership system. More importantly, the JC capability to join collaboration in supporting government and legislative member in revising the bill No 24/2002 need to take into account.
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