The Role of Customary Law in the Forest Preservation in Bali

Lestawi, I Nengah; Bunga, Dewi

doi:10.2478/jlecol-2020-0002

Cited by 8 publications

(4 citation statements)

References 21 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Local rules and customs are about respecting nature and local culture, but they have been used for resource conservation (Grumbine and Xu, 2011;Brinckmann et al, 2018). Religious and community leaders evaluate the beliefs of local community and then subsequently formulated them into customary law, which become applicable to local people's daily life in a specific community (Clarke and Jupiter, 2010;Lestawi and Bunga, 2020). So far, some of these works have tried to study their effects on the environmental governance and found the positive impact of the village rules and regulations on cleaner production behavior (Du et al, 2021).…”

Section: Compliance Of Village Rules and Customsmentioning

confidence: 99%

Does higher demand for medicinal plants lead to more harvest? Evidence from the dual trade of Nardostachy jatamansi and Fritillaria cirrhosa and Tibetan people’s harvesting behavior

Zhao

Fan

et al. 2023

Front. Ecol. Evol.

View full text Add to dashboard Cite

IntroductionAs the demand for herbal medicines is surging worldwide, regions of medicinal plants are vulnerable to large-scale and unsustainable exploitation for commercial trade and use. Yet, we still lack the understanding about the relationship between indigenous people harvesting and trade practices of medicinal plants and their influencing factors for possible intervention measures.MethodsHere, we combined qualitative and quantitative methods to survey traders (N = 20) and local harvesters (N = 923) from nine Tibetan townships in Hongyuan county, Sichuan Province, on the eastern Qinghai-Tibetan plateau in China. Specifically, we elucidated the local value chain of medicinal plants trade and harvest of Nardostachy jatamansi and Fritillaria cirrhosa, and explored the factors influencing harvester’s willingness to harvest these plants. Furthermore, we empirically tested the constructs of the COM-B model (Capability, Opportunity, Motivation -Behavior) in predicting the sustainable harvesting behavior of medicinal plants.Results and DiscussionOur results revealed that the trade characteristics of N. jatamansi and F. cirrhosa were contrasting, and the sustainability of the former species was largely dependent on the latter one. Importantly, the traders’ practices were affected by the supply, while the harvesters’ willingness to harvest were mainly influenced by harvest incomes, past harvesting experience, and grassland tenure. Finally, though motivation was not directly affecting harvesting behavior, the harvesters’ ecological worldview indirectly affected their harvesting behavior, particularly through the mediation of the level of compliance of village rules and customs. Overall, our results provided crucial insights for the conservation and sustainable management of the valuable wild medicinal plants.

show abstract

Section: Compliance Of Village Rules and Customsmentioning

confidence: 99%

Does higher demand for medicinal plants lead to more harvest? Evidence from the dual trade of Nardostachy jatamansi and Fritillaria cirrhosa and Tibetan people’s harvesting behavior

Zhao

Fan

et al. 2023

Front. Ecol. Evol.

View full text Add to dashboard Cite

show abstract

“…In its development, parents give provisions in the form of objects to their daughters known as jiwadana which is a gift to the daughter while still alive gathered, the gift is inviolable by her heirs. There is also a so-called tetatadan which is a gift to a woman at the time of marriage (Lestawi & Bunga, 2020). The position of the man as an heir is closely related to the view that men in Bali have a great responsibility in the family, while the responsibility of women to the family is completed because the daughter will enter and carry out her responsibilities in her husband's family.…”

Section: The Dynamics Of Customary Inheritance Law In Terms Of Inheri...mentioning

confidence: 99%

The dynamics of customary inheritance law from the perspective of gender equality in Klungkung District-Bali

Nugraheni¹,

Fransiska²,

Kusumawardani³

2022

IJRBS

View full text Add to dashboard Cite

The current development and reform in society and government at the local and national levels have made customary law less strict than before. These developments influence also the inheritances law based on customary law. Inheritance disputes or their unequal distributions impacted the marginalization of certain groups, such as women or girls. There has been a shift in the opinion among society regarding women's inequality related to access to inheritance. Several developments of the notion of gender equality have been and are being stipulated in laws and regulations. The gender dimension interacts with other social values in society, and it is related to the social structure as a whole. This research aims to shed a light on the dynamics of customary inheritance law in terms of women's inheritance rights with the perspective of gender equality in Klungkung, Bali. The issues that will be explored are related to the inheritance law focusing on access to civil rights, i.e. women's inheritance rights, after the Decision of Bali MUDP Number 01/Kep/Psm-3/MDP Bali/X/2010 and the Supreme Court Jurisprudence Number 3/Yur/Pdt/2018 was issued. This study was conducted through juridical and sociological methods. From the sociological perspective of gender based on the critical paradigm, the power relations based on gender and social reality among women and men can be analyzed. The gender relations according to the sociological analysis are not only the social relations among women and men but also the power relations in social life. Primary data was collected using interviews and observations in 3 (three) sub-districts in Klungkung, Bali, and secondary data was obtained through a literature review of gender and customary inheritance law.

show abstract

“…Additionally, we integrate views on the importance of local laws and norms in preserving tourist sites, using an approach similar to the research by Lestawi & Bunga. 13 However, our research offers a new perspective, specifically focusing on law enforcement to protect Ke'te' Kesu'. This differs from previous studies that are more general or do not directly address cultural heritage and religious beliefs.…”

Section: Introductionmentioning

confidence: 99%

The Effectiveness of Law Enforcement Against the Perpetrators of Tourism Object Vandalism in North Toraja

Salamba

2024

Yuris

View full text Add to dashboard Cite

This research aims to analyze the implementation of sanctions against perpetrators of tourism site vandalism in North Toraja; and to examine the constraints on the application of sanctions in law enforcement against perpetrators of tourism site vandalism based on Regional Regulation No. 7/2016. This research uses empirical research methods, using statutory approaches and conceptual approaches. Primary data is obtained through field research using interview and observation methods, while secondary data is obtained through literature study. The results indicated that the enforcement of sanctions of Regional Regulation No. 7/2016 on the Implementation of Tourism in North Toraja has not complied with the regulation. Moreover, the case of Ke’te’ kesu’ vandalism committed by perpetrators who are sanctioned by custom, is characterized by many unresolved cases and weak enforcement of sanctions. The constraints in the implementation of sanctions in law enforcement are mostly caused by delayed information to the Civil Service Police Unit so that initial administrative actions are conducted before handing over to the Prosecutor’s Office. Another constraint is the absence of a MoU between the Police, Prosecutor’s Office, and Courts, and limited budget which affects the capacity of Civil Service Police Unit (Satpol PP) in protecting tourists. A comprehensive approach is needed, which includes training of law enforcers, inter-agency coordination, legal education for the community, and a review of local regulations to enhance justice and appropriateness of sanctions.

show abstract

The Role of Customary Law in the Forest Preservation in Bali

Cited by 8 publications

References 21 publications

Does higher demand for medicinal plants lead to more harvest? Evidence from the dual trade of Nardostachy jatamansi and Fritillaria cirrhosa and Tibetan people’s harvesting behavior

Does higher demand for medicinal plants lead to more harvest? Evidence from the dual trade of Nardostachy jatamansi and Fritillaria cirrhosa and Tibetan people’s harvesting behavior

The dynamics of customary inheritance law from the perspective of gender equality in Klungkung District-Bali

The Effectiveness of Law Enforcement Against the Perpetrators of Tourism Object Vandalism in North Toraja

Contact Info

Product

Resources

About