Model Penyelesaian Konflik Di Lembaga Adat

Kamaruddin, Kamaruddin

doi:10.21580/ws.2013.21.1.236

Cited by 6 publications

(8 citation statements)

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“…Currently there is a joint institution at the provincial and district/city levels, namely the Aceh Traditional Council which oversees all other traditional institutions. (Kamaruddin, 2013) These elements of conventional institutions function not only as organizers of state action and as conflict resolution institutions within their jurisdiction. However, this conventional institution also has a supporting institution in implementing Islamic law in Aceh.…”

Section: Application Of Islamic Law In Acehmentioning

confidence: 99%

Islamic Sharia Between Aceh And The Middle East

Abdurrazak,

Fajri

2024

nahdah

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Islamic Sharia in its implementation in Aceh and the Middle East is full of issues that hinder its implementation. Human rights issues are one form of obstacles and contradictions that are often faced in the implementation of Islamic law in Aceh and the Middle East. In this article, we analyze how Islamic Sharia is implemented in Aceh and the Middle East as well as the obstacles and contradictions faced by the governments of Aceh and the Middle East. The research method used to analyze the problem is using qualitative descriptions with library research data collection techniques. The results obtained from data analysis are that Aceh implemented the Qanun Jinayat which was structured in such a way that there were no elements that would undermine human rights (HAM). In this case, everything has been prepared in law and Qanun Jinayat with the aim of maintaining and respecting human values in Aceh so that the people in Aceh are not oppressed, and in successful implementation it is important to involve Aceh traditional institutions. Meanwhile, in the Middle East, the application of Islamic law is the main basis for establishing law. This is because the Koran and Hadith are the highest law in the Middle East or in other words the law of heaven.

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Section: Application Of Islamic Law In Acehmentioning

confidence: 99%

Islamic Sharia Between Aceh And The Middle East

Abdurrazak,

Fajri

2024

nahdah

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“…The existence of glee customary law in forest conservation practices has existed since Aceh was still in the Sultanate era. Traditional institutions are closely related to the governance structure of the Aceh sultanate prevailing at that time (Kamaruddin, 2013).…”

Section: B the Role Of Pawang Uteun And Institutional Pawang Uteun In...mentioning

confidence: 99%

Rethinking The Roles and Institutions of Pawang Uteun for Sustainable Forest Management: Literature Review

Aswita¹,

Samuda²,

Apriana³

et al. 2022

proceeding

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Customs that are sourced from local traditions and knowledge offer alternative perspectives for solutions in environmental management, one of which is sustainable forest governance. Local knowledge contains about how to interact and use resources born of an adaptive process with nature and the environment which is transmitted orally and shared practice from generation to generation. This study discusses the role of the pawang uteun in using their cultural authority as a manifestation of Traditional Ecological Knowledge to respond to the increasingly complex forest governance in Aceh. This research is a literature review research, using library research method. Data obtained from several articles and books, which were analyzed using descriptive analysis techniques. From the results of the study, it is known that studies related to Pawang Uteun discuss more about the role of institutions, customary law and as Indatu Tradition but very minimally discuss the existence of Pawang Uteun from the perspective of local ecological knowledge and the ecological wisdom of Acehnese indigenous peoples as a solution in overcoming forest destruction. The Pawang Uteun is only seen as a traditional representation but ignores the Pawang Uteun as a manifestation of local knowledge about ecological wisdom. The diminishing role of the pawang utuen (delegation) is directly proportional to the high rate of clearing of forest land cover. Keywords: pawang uteun, ecological wisdom, local knowledge, sustainability.

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“…However, the entity of indigenous peoples in their position as community, as defined by Van Vollenhoven, is a legal society characterized by the notions of human unity that has an orderly arrangement, a fixed area, and has leadership with all limited structures, and possess assets, tangible assets (land, heirlooms), as well as intangible assets (titles of nobility) (Kamaruddin, 2013). It is this attachment model that shapes indigenous peoples with all forms of their life, both closed and following a dynamic of life that leads to changes caused by the flow of globalization.…”

Section: Recognition Of Indigenous Peoples As One Of Cultural Politicsmentioning

confidence: 99%

“…However, the use of this term must be contextual, the extent to which the mechanism used must be in accordance with the culture of indigenous peoples, the location of the social system, the pattern of interaction, the role played by tribal leaders and the extent to which the crime is viewed by the community and other aspects that influence indigenous peoples. This kind of understanding is first needed to be known in advance, and then offer a reconciliation path (Kamaruddin, 2013). Back in the title of the discussion on reassessing the position of the resolution institutions of indigenous peoples' crime it seems difficult to create reconciliation, because the appropriateness of a reconciliation must be free from coercion, the role of domination, and avoiding all forms of recognition of paternalistic culture that is capable of presenting the truth.…”

Section: Is It True That Reconciliation Can Be Achieved In the Resolumentioning

confidence: 99%

The Position of Crime Resolution Institutions in Indigenous Peoples in the Identity Politics Perspective

Kau

Disemadi

Yusriadi

2020

Jurnal Hukum Prasada

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One of the demands is to disregard modern justice institutions and utilize customary law as a means to achieve justice for those involved in a criminal offense. But on the other hand, the settlement of the case with customary law turned out to still cause injustice to the victim, and even gave birth to new crimes arising as a result of coercion carried out by the customary leaders of both parties acting as judges. This study discussed about the position of crime resolution institutions in indigenous peoples in the perspective of identity politics and the reassessing the position of crime resolution institutions in indigenous peoples, certainly cannot be separated from the recognition of identity with all the structures and positions of indigenous peoples themselves. This study was designed by using normative legal research approach. The results show that efforts to reassess the position of crime resolution institutions in indigenous peoples, of course, cannot be separated from the recognition of identity with all the structures and positions of indigenous peoples themselves. However, the dominance arising from the resolution of indigenous peoples' crimes is still determined by cultures that are patriarchal, rigid and as if forced from above so as to ignore dialogue both from perpetrators and victims, so that the measure used is the perspective of tribal leaders. However, domination is believed to restore order, order and harmony, but there is one neglected value of ethical legitimacy, namely justice. Therefore, the resolution of crimes against indigenous peoples does not all distribute justice to all parties.

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Model Penyelesaian Konflik Di Lembaga Adat

Cited by 6 publications

References 0 publications

Islamic Sharia Between Aceh And The Middle East

Islamic Sharia Between Aceh And The Middle East

Rethinking The Roles and Institutions of Pawang Uteun for Sustainable Forest Management: Literature Review

The Position of Crime Resolution Institutions in Indigenous Peoples in the Identity Politics Perspective

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