Forest conservation by the indigenous Baduy community in the form of customary law

Asteria, Donna; Alvernia, Putri; Kholila, Berliana N; Husein, Sabarina; Asrofani, Farha Widya

doi:10.1108/jchmsd-12-2020-0171

Cited by 6 publications

(2 citation statements)

References 37 publications

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“…Therefore, a profound understanding of cultural and law alignment is a strategic step in ensuring Indonesia's cultural wealth can be preserved amidst global changes. Within Indonesia's mixed legal system, the continuity of indigenous law plays a significant role in maintaining the social dynamics of communities (Asteria et al, 2024). Indigenous law, passed down through generations, remains the primary reference for social governance among various tribes, especially in rural areas.…”

Section: Introductionmentioning

confidence: 99%

Samawa Indigenous Marriage Law: Harmonizing Local Wisdom with National Law

Putra,

Rahayu

2024

AIJIH

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This research aims to analyze and understand how integrating the Samawa tribe’s local wisdom in the practice of indigenous marriage can occur harmoniously and in alignment with Indonesia’s national law. This research uses an inductive qualitative analysis. Inductive analysis is an approach that begins with field facts, analyzes them based on relevant legal theories and arguments, and ultimately yields a conclusion. The results show that Samawa indigenous marriage law can integrate harmoniously with national law. This integration encompasses indigenous law, where the Tana Samawa Indigenous Institution is crucial in preserving local wisdom. The existence of this indigenous institution, regulated by Sumbawa Regency Regulation Number 10 of 2015, demonstrates the Regency Government’s commitment to integrating local wisdom with the national legal system. In indigenous marriage, this integration ensures that local wisdom remains valid under indigenous law and has legality under Law Number 1 of 1974. Challenges and obstacles in preserving Samawa indigenous marriage, require a comprehensive approach that includes education, documentation of customs, and promotion of local wisdom through modern technology. Therefore, it is recommended that the Tana Samawa Indigenous Institution continue to strengthen the preservation and development of local wisdom through comprehensive education programs and documentation, and forge more intensive cooperation with the Regency Government and educational institutions. The Department of Education and Culture of Sumbawa Regency is recommended to integrate local wisdom material into the formal and non-formal education curriculum, and support cultural preservation initiatives by providing adequate facilities and resources. Samawa indigenous people are recommended to actively participate in the preservation of customs, support programs run by the indigenous institution and government, and use modern technology to document and promote their traditions, ensuring that local wisdom values remain alive and respected in everyday life.

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Section: Introductionmentioning

confidence: 99%

Samawa Indigenous Marriage Law: Harmonizing Local Wisdom with National Law

Putra,

Rahayu

2024

AIJIH

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“…As a cultural expression, customary rules must be enclosed in sustainable resource management. The preservation of TEK in customary laws has bestowed sustainable resource management, such as marine conservation (Techera, 2008), forest conservation (Asteria et al, 2022), and also biodiversity loss (Robinson & Raven, 2019).…”

Section: Customary Lawsmentioning

confidence: 99%

Developing a model for the integration of Bajau traditional ecological knowledge in the management of locally managed marine area: a case study of Wakatobi regency, Indonesia

Ariando

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Attaining sustainable resource management encompasses multilevel challenges and interdisciplinary approaches from grassroots efforts to international agreements. In the context of coastal and marine management, the complexities�represented by the variety of local entities, regimes, and institutional supports are captured as current challenges in sustainability efforts. Such challenges, unfortunately, persist in the group of customary communities such as those of the Bajau, who live in coastal and marine areas. In an effort to address the aforementioned challenges, this research proposes a model for integrating the Traditional Ecological Knowledge (TEK) of the Bajau into�Locally Managed Marine Areas (LMMA) scheme in Wakatobi, Southeast Sulawesi. A qualitative approach involving multi-sited ethnography and interviews was employed in this study. TEK as a concept is drawn upon to strengthen the local practices for sustainable resource use and therefore develop policy recommendations. However, in the case of Bajau communities, the dimensions of the TEK encompass conservation practices, ethno-fisheries, cultural beliefs, customary laws, weather and cultural astronomy, and adaptive management. The manifestation of the TEK needs to add the term 'exchange knowledge' due to the history and nature of former nomadic groups that interacted and exchanged knowledge and goods with other groups with whom they were in contact. Intercultural relations between the Bajau and dominant customary groups in Wakatobi position the Bajau as migrants and second-class people, both socio-culturally and in the context of various conservation activities. The co-management programs that involve the Bajau do not seem to consider the basic needs and practices of this group in current sustainable resource management. This situation indirectly contributes to the marginalization and growing development threats for the Bajau in Wakatobi. In addition, the complexities in the realm of contemporary Bajau society are not adequately considered in Wakatobi's development priority programs. The culturally inclusive projects and LMMA model do not engage Bajau communities, even though this group is pivotal in nurturing marine ecology in alignment with multiple TEK practices and a maritime culture orientation. In brief, the output model of this research examines the various terms to disentangle the challenges in cultural identity, intellectual property and rights, capacity building, livelihood diversification, and communal space in the Bajau communities in Wakatobi. In advance of making recommendations to implement the model, this research explored key attributes related to Bajau customary institutions, local government, and Wakatobi National Park.�

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The Influence of Local Wisdom in Effective Forest Protection Policy Based on Legal Norms

Handitya,

Sacipto,

Wahab

et al. 2024

E3S Web Conf.

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This study explores factors impacting the effectiveness of forest protection policies in Indonesia, focusing on legal regulatory norms. Field findings reveal that community members continue cutting down trees due to economic need and limited awareness of forest protection policies, contributing significantly to forest degradation. To examine these factors, data were gathered through purposive sampling, targeting respondents— primarily farmers and cultivators—engaged in wood harvesting. Questionnaire results highlight economic motives and lack of policy knowledge as main drivers of logging, with many respondents indicating limited familiarity with policy specifics regarding forest conservation.The study also reviews the enforcement of existing sanctions, such as administrative penalties, fines, and imprisonment, and their effect within societal norms. The findings suggest that current sanctions have yet to effectively curb violations. Based on these observations and a policy review, this study proposes incorporating local wisdom into forest protection strategies and introducing more impactful social sanctions to strengthen policy effectiveness. This research contributes to understanding regulatory challenges in forest conservation and suggests pathways to enhance policy enforcement through culturally sensitive approaches and tailored sanctions.

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Forest conservation by the indigenous Baduy community in the form of customary law

Cited by 6 publications

References 37 publications

Samawa Indigenous Marriage Law: Harmonizing Local Wisdom with National Law

Samawa Indigenous Marriage Law: Harmonizing Local Wisdom with National Law

Developing a model for the integration of Bajau traditional ecological knowledge in the management of locally managed marine area: a case study of Wakatobi regency, Indonesia

The Influence of Local Wisdom in Effective Forest Protection Policy Based on Legal Norms

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