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Journal articles on the topic 'Tribal Customary Law'

Author: Grafiati

Published: 2 June 2025

Last updated: 31 July 2025

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1

Laturette, Adonia Ivonne. "Ulayat Right of Customary Law Community." Pattimura Law Journal 1, no. 2 (2017): 131. http://dx.doi.org/10.47268/palau.v1i2.2016.93.

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Ulayat right is a right that is given a magical aspect as a threatening force and can sanction as a basis of legitimacy of control over a territory or a plot of land called ulayat land.Â Ulayat Land is a plot of land that belongs to a group of people in a region.Â Although the customary law community has full customary authority to control, cultivate and utilize its ulayat land, but its formal juridical authority is not as strong as that of the State.Â The position of indigenous and tribal peoples is ultimately acknowledged conditional through various state regulations issued by the Government

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Laturette, Adonia Ivonne. "Ulayat Right of Customary Law Community." Pattimura Law Journal 1, no. 2 (2017): 131. http://dx.doi.org/10.47268/palau.v1i2.93.

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Ulayat right is a right that is given a magical aspect as a threatening force and can sanction as a basis of legitimacy of control over a territory or a plot of land called ulayat land.Â Ulayat Land is a plot of land that belongs to a group of people in a region.Â Although the customary law community has full customary authority to control, cultivate and utilize its ulayat land, but its formal juridical authority is not as strong as that of the State.Â The position of indigenous and tribal peoples is ultimately acknowledged conditional through various state regulations issued by the Government

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3

Arrahman, Nicolas. "Ulayat Rights on Presepective Customary Law." Jurnal Scientia Indonesia 5, no. 1 (2019): 33–48. http://dx.doi.org/10.15294/jsi.v5i1.36062.

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The implementation of Customary Law in Customary Law is increasingly critical, in the phenomenon of customary law, Ulayat Rights as stipulated in the UUPA Article 3 states "customary rights and similar rights and rights of indigenous and tribal peoples are still implemented by indigenous and tribal peoples as long as the ulayat right is still there. In this article more clearly it is said that the existence of customary rights still exists if its ulayat rights still exist. But it becomes critical because the existence of UUPA in this case is not as strong as the Constitution which became the b

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Singh, Subhash. "Recognition of Naga Customary Law and Practices in Northeast India: Convergence or Conflict." International Journal of Law and Society 8, no. 2 (2025): 83–102. https://doi.org/10.11648/j.ijls.20250802.13.

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India is a unique example of unity in diversity. The diversity and variety of the language, caste, culture, tribe and religion is remarkably distinguished as a wonderful mosaic of anthropological splendor. Tribal peoples generally prefer having their disputes determined by the customary courts because their procedures are simpler and cheaper compared to formal law courts. The courts are also located near the public and the justice is available at the doorstep of the people. The courts apply orally transmitted rules and norms while rendering decisions. Village Court in Nagaland is unique not on

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Bria, Prisilia Floresta Santji Tae, Sukardan Aloysius, and Darius Mauritsius. "Procedures and Implementation of Distribution of Ulayat Land Rights According to Wesei Wehali Customary Law by Fukun (Head of Tribe) in Umakatahan Village, Central Malaka District, Malacca District." Indonesian Journal of Economic & Management Sciences 1, no. 3 (2023): 309–28. http://dx.doi.org/10.55927/ijems.v1i3.4318.

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Based on the results of the research that has been done, it can be concluded (1) In the process of dividing customary land rights according to Wesei Wehali customary law by the fukun (tribal head) in Umakatahan village, Central Malacca sub-district, Malacca district, the fukun or tribal chief provides information to oa'laen to provide invitations to indigenous peoples and village officials, sitting together in traditional houses (tur lia) and performing traditional rituals, and designating shared communal land objects. (2) The Inhibiting Factors in the process of distributing land rights accor

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Ao, Moatoshi. "THE EMINENT DOMAIN VIS-À-VIS THE CONSTITUTIONAL AND LEGAL PROVISIONS RELATING TO NORTH EASTERN STATES OF INDIA." ShodhKosh: Journal of Visual and Performing Arts 5, no. 4 (2024): 1268–75. https://doi.org/10.29121/shodhkosh.v5.i4.2024.4138.

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The Sixth Schedule and Articles 371A, 371B, 371C, 371G, and 371H have conferred the North Eastern States of India with customary autonomy and self-government, including ownership and transfer of land. The acquisition of land for infrastructural development by the State has been debated in the interface of Eminent domain, a legal principle that allows the government to take private property for public use, with compensation. This principle overlaps with the customary ownership of land by the tribal people. On one hand the Constitution has conferred the tribal people with absolute protection of

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Uma, Saumya. "Between the Devil and the Deep Sea: Tribal Women’s Inheritance Rights in India." Indian Journal of Gender Studies 30, no. 3 (2023): 309–29. http://dx.doi.org/10.1177/09715215231183623.

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In recognition of their distinct culture and identity, tribal communities in India enjoy constitutionally guaranteed autonomy and self-governance, which extend to customary laws for marriage, matrimonial rights and inheritance. In contexts where the tribal customary law has denied women inheritance rights, some women have approached the courts of law. The Hindu law on inheritance specifically excludes tribal communities from its application; yet, courts have found a way to apply it by reasoning that the parties to the case were ‘sufficiently Hinduised’. This article examines Indian judicial re

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Saswoyo, Ade Bagus, and Margo Hadi Pura. "Urgensi Pengundangan Rancangan Undang-Undang Masyarakat Hukum Adat sebagai Bentuk Kesetaraan Warga Negara." Jurnal Suara Hukum 5, no. 1 (2023): 19–43. https://doi.org/10.26740/jsh.v5n1.p19-43.

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Indonesia is a country that has a diversity of ethnicities, races, religions and languages, including the existence of indigenous and tribal peoples. In fact, there is injustice that is felt by a number of indigenous peoples in the form of a lack of protection and recognition by the state for the existence of indigenous and tribal peoples, such as the Kuningan Regency Government's decision not to recognize the application of the Sunda Wiwitan community as indigenous peoples (MHA). The refusal was based on a letter from the Regent of Kuningan Number 189/3436/DPMD on December 29 2020. The reason

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Shtayah, Mohammad. "Civil Peace of Palestinian Society between the Rule of Law and the Tribal Customary Law Analytical Study”." Al-Zaytoonah University of Jordan Journal for Legal Studies 3, no. 3 (2022): 4–26. http://dx.doi.org/10.15849/zujjls.221130.01.

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Abstract Human rights are indivisible and are considered as the basis of enjoyment of civil, political, economic, social, and cultural rights. It also ensures safe environment to exercise these rights through sustaining civil peace under the rule of law. Therefore, the researcher utilised the historical and analytical descriptive approaches. The findings confirm: first, that civil peace is a fundamental pillar of sustainable development of societies. Second, civil peace in Palestine is at its worst and at risk. In addition to this, the consequences of the collapse of civil peace in Palestinian

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Irwandi and Yusuf Setyadi. "Keberagaman Tradisi Perkawinan Masyarakat Suku Kajang dalam Perspektif Filsafat Hukum." Rampai Jurnal Hukum (RJH) 2, no. 1 (2023): 47–59. http://dx.doi.org/10.35473/rjh.v2i1.2258.

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This journal aims to explain the law on marriages for the Kajang people in South Sulawesi, to be precise in Bulukumba Regency, customary law for marriages for the Kajang people, and the prohibition on marriages between the Kajang people and other tribes. The conclusion of this journal is that there is legal pluralism in tribal marriages, namely customary law, religious (Islamic) law, and positive law. However, the interesting thing is that they prioritize customary law in their marriage procession. And those who violate it will be subject to customary sanctions, namely being expelled from the

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Saniah, Nur, and Ahmad Bastomi. "ACCULTURATION OF TRADITIONAL AND ISLAMIC LAW IN THE PRACTICE OF INHERITANCE DISTRIBUTION OF THE MANDAILING TRIBE OF NORTH SUMATRA." Fenomena 21, no. 2 (2022): 255–70. http://dx.doi.org/10.35719/fenomena.v21i2.134.

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Acculturation of al-adat and Islamic law is a means to determine the extent to which Islamic law and local custom come into contact with the life practices of the Mandailing Tribe community of Islam without any contradictions. This research is empirical research with descriptive analysis. Research data were collected using observation and interview methods, then analyzed using content analysis methods. The results of this study indicate a synergism of the Mandailing tribal community, which adheres to a patrilineal kinship system to carry out Islamic law in parallel and local customs. The pract

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Layish, Aharon. "Interplay between Tribal and Sharī Law: A Case of Tibbāwī Blood Money in the Sharīa Court of Kufra." Islamic Law and Society 13, no. 1 (2006): 63–75. http://dx.doi.org/10.1163/156851906775275420.

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AbstractIn the early 1940s the Sharīa Court of Kufra (Libya) issued a legal document dealing with a blood money dispute among the Tibāwī tribe. I provide here an annotated translation of this document together with an analysis of the interaction between sharia and customary law. Although the court issued its judgment in accordance with "Tibāwī tribal customary law," several indicators suggest that the apportionment of blood money among the victim's relatives reflects a compromise between tribal and sharī law. By conferring sharīa legitimacy on an earlier out-of-court agreement, the qādī contri

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Takanjanji, Yohanis Hina, Simon Nahak, and Ni Made Jaya Senastri. "The Effectiveness of The Regulation on The Use of Tribal Land in Palakahembi Village, Pandawai District, East Sumba Regency, East Nusa Tenggara Province." Jurnal Hukum Prasada 9, no. 1 (2022): 65–72. http://dx.doi.org/10.22225/jhp.9.1.2022.65-72.

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Customary land (tanah ulayat) of a tribe means an inheritance land and the natural resources on and inside it, passed down from generation to generation, and the rights of customary land belong to customary law community. Customary land/customary land rights (hak ulayat) are a joint land, believed to be a gift from supernatural forces or inheritance from ancestors to a group of people, the customary law community, that serves as the main supporting element for the community’s life and livelihood all the time. Based on the background of research, the researchers formulated research questions as

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Marthin, Marthin, Wiwin Dwi Ratna, Yasser Arafat, and Afdhal . "LEGAL ADMISSION OF LEGAL SOCIETY CONDUCTING THE NATIONAL PARK OF KAYAN MENTARANG (TNKM)." JURNAL AKTA YUDISIA 4, no. 2 (2020): 145–69. http://dx.doi.org/10.35334/ay.v4i2.1197.

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ABSTRACT The Kayan Mentarang National Park (KNPM) area located in the Heart of Borneo (HoB) in North Kalimantan lives various Dayak sub-tribes. They inhabit and keep the forest so that the forest remains safe and sustainable. Indigenous and tribal peoples who have customary forest areas in which their status of appointment as KMNP initially may receive, so that the process can continue in the inaugural process. But with the development of information and circumstances the situation was changed and now the indigenous people reject the pegat which will be doneThe legal issues that serve as the p

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Ng'ong'ola, Clement. "Land Problems in Some Peri-Urban Villages in Botswana and Problems of Conception, Description and Transformation of “Tribal” Land Tenure." Journal of African Law 36, no. 2 (1992): 140–67. http://dx.doi.org/10.1017/s0021855300009864.

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In Botswana, as in several other African countries with a similar historical experience, a dual or plural land tenure system was carried over from the colonial era. The bulk of the land falls within the category of “tribal land”. It is predominantly held and occupied by indigenous peoples under customary notions of land tenure. The State also holds as “State land” a fairly significant proportion which fell under the category of “Crown lands” during the colonial era. A tiny proportion now falls within the category of “freehold land”. This is predominantly held and occupied in conformity with co

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Mebri, Jhon A. "KEDUDUKAN HAK ATAS TANAH MASYARAKAT HUKUM ADAT UNTUK KEPENTINGAN UMUM." DiH: Jurnal Ilmu Hukum 13, no. 25 (2017): 69–84. http://dx.doi.org/10.30996/dih.v13i25.2223.

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Land has a very important meaning in human life, because most of human life depends on the land. There is a close correlation between man and the land and there is no human in this world who does not need the land. The land is not only understood as an economic resource, but for others it sees the land as sacred and one of the indigenous peoples of Papua must preserve. So with the government policy to allocate land for public interest often conflict with the interest of indigenous people of Papua. Related to the procurement of land is regulated in Law No. 2 of 2012 on Land Procurement for Deve

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Liemanto, Airin, Moh Fadli, Afifah Kusumadara, and Lalu Muhammad Hayyanul Haq. "Recognition of the right to participation of tribal peoples in the repatriation of Lombok treasures." Legality : Jurnal Ilmiah Hukum 32, no. 2 (2024): 195–220. http://dx.doi.org/10.22219/ljih.v32i2.33052.

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This research explores the absence of the peoples of customary law in returning Lombok treasures before, during, and after repatriation, while international law and law in Indonesia recognise and respect the right to self-determination and participation of the people of customary law in a cultural sector. This article employed a normative-legal method supported by conceptual and case approaches. A descriptive-prescriptive method was employed, and data were analysed using content analysis. The results show that the government faces the challenge of determining official representatives of tribal

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Alvintho Tiumlafu, Agustinus Hedewata, and Helsina Fransiska Pello. "Penerapan Hukum Adat dalam Konflik Perkawinan Masyarakat Suku Timor (Dawan Amanuban) di Desa Pollo Kecamatan Amanuban Selatan." Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2, no. 3 (2024): 300–315. https://doi.org/10.59581/doktrin.v2i3.3358.

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This research aims to: (1) To find out the reason why parties choose customary law in resolving marital problems at Pollo Village, situated in Amanuban Setalan Sub-district, South Central Timor District, (2) To find out the application of customary law enforcement in resolving Tribal marriage issues at Pollo Village, situated in Amanuban Setalan Sub-district, South Central Timor District. This type of this research was Empirical Juridical research, primary data obtained by interviewing 11 respondents and supported by secondary data, qualitative descriptive data analysis. The result of this res

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Perbawati, Candra, Malicia Evendia, Ade Arif Firmansyah, and Yulia Neta. "Legal Discourse on Customary Forest Determination Progressive Law Based." Fiat Justisia: Jurnal Ilmu Hukum 17, no. 1 (2023): 17–30. http://dx.doi.org/10.25041/fiatjustisia.v17no1.2815.

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Customary forests are an integral part of the life of indigenous and tribal peoples. MK Decision No. 35/PUU-X/2012 is a progressive step stipulating that customary forests are no longer part of State forests. However, after the decision, there is still a long process that the Indigenous Peoples must pass to obtain their rights. This article aims to describe the legal discourse in determining the customary forest. Using doctrinal research methods as well as statutory and conceptual approaches, it was found that: The designation of customary forests is an important matter in the context of imple

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Sopyan, Yayan, and Helma Suryani. "Marriage with Same Tribes in the Customary Law of Minangkabau Batipuh Ateh (A Legal Anthropology Approach)." JURNAL HUKUM ISLAM 18, no. 2 (2020): 157–72. http://dx.doi.org/10.28918/jhi.v18i2.3262.

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 This paper explores the causes of the prohibition of ethnic marriage in Minang Batipuh Ateh. This legal anthropological research uses a qualitative approach. Information and data are obtained by observation, interviews and literary studies. Informants were selected purposive and developed using the Snowball method. The analysis used an interactive model. The results showed that, the prohibition of tribal marriages in Minang Batipuh Ateh aims to restore the disturbed balance due to violations committed by a person and to maintain the existence of the culture and lineage of the Minang tri

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Sembiring, Rosnidar, and Journal Manager APHA. "Recognition and Legal Protection of Customary Law Society over Land." Journal of Indonesian Adat Law (JIAL) 1, no. 1 (2020): 199–222. http://dx.doi.org/10.46816/jial.v1i1.21.

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This paper aims at determining the recognition and legal protection of indigenous and tribal peoples on land and natural resources in the perspective of legislation. It uses normative research with literature identification approach, legislation such as Law Number 5 of 1960 on the Basic Regulations of Agrarian Principles (BRAP), and other laws and relevant regulations to this research. The data collected from primary, secondary and tertiary legal materials are analyzed qualitatively, systematically arranged and presented descriptively. Basically the recognition and legal protection of indigeno

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Ginting, Bastanta Kurnia, Musakkir Musakkir, and Sri Susyanti Nur. "Buying and Selling of Ulayat Land Jointly Owned by Several Tribes in Jayapura City." Journal of Sosial Science 3, no. 3 (2022): 469–82. http://dx.doi.org/10.46799/jss.v3i3.345.

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his study is based on the fact that not all Ondoafi (clan’s leader) understand their position and authority in buying and selling ulayat land, especially for ulayat land whose ownership is carried out jointly by several tribes. This study aims to discuss the legal position of buying and selling customary land in Jayapura City, the Port Numbay Customary Council (LMA) in resolving disputes over customary land in Jayapura City, and position and role of tribal chiefs in Skouw Mabo village. Jayapura City is in the process of buying and selling customary land. This study uses empirical legal researc

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Mahgoub, Mohamed Abdo. "The Victim and Customary Law: An Anthropological Study in the Folk Heritage of the Awlād ʽAlī Tribes in Egypt's Western Desert (المجني عليه والقضاء العرفي: دراسة أنثروبولوجية في التراث الشعبي لقبائل أولاد علي بالصحراء الغربية المصرية)". Arabist: Budapest Studies in Arabic 9-10 (1994): 141–58. https://doi.org/10.58513/arabist.1994.9-10.9.

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Anthropologists of political systems study customary judiciary, criminal responsibility, and the rights of the victim, focusing on investigative procedures, evidence methods, denial, the formation of judicial councils, and how rulings are enforced. This comes within the framework of paying special attention to political systems in tribal societies. Such studies involve the examination of tribal customs and traditions as a general approach, which hold significant historical and theoretical importance as they reflect the transformative period experienced by these societies. These transformations

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Iswanto, Yuni, and Sardi Sardi. "Implementasi Hukum Adat Suku Jerieng Dalam Perspektif Pendidikan Islam." Edugama: Jurnal Kependidikan dan Sosial Keagamaan 7, no. 1 (2021): 100–115. http://dx.doi.org/10.32923/edugama.v7i1.1797.

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This research was carried out to see the existence of the Jerieng tribe who still carry out tribal activities such as enforcing customary law for their citizens, it is considered that some residents outside this community are something useless and not in accordance with the present era or are often called conservative. This research is expected to be able to generate and change this paradigm. In fact, what is the perspective of residents outside the Jerieng tribe community is not true. In this study, researchers used qualitative methods, namely research or investigations that aim at solv

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Qerimi, Islam, Ahmet Maloku, and Elda Maloku. "Customary law and regulation: Authenticity and influence." Journal of Governance and Regulation 11, no. 4, special issue (2022): 289–99. http://dx.doi.org/10.22495/jgrv11i4siart9.

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In its origins, customary law is a product of tribal order, which lacked a genuine state organization and institutions to create and enforce the law (Pëllumbi, 2006). Albanian customary law (ACL) is one of the oldest and most exceptional bodies of European customary law. It is exceptional that it does not come from a legislator or state parliament, but it was transmitted across generations in its unwritten form since antiquity. ACL has been applied in Albanian territories alongside various state laws implemented by locals or invaders. The purpose of this paper is to bring closer the scientific

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Hi. Soleman, Saiful, and Sudiar Kokodaka. "Legal Protection Of Traditional Rights Togutil Tribal Community In Halmahera Forest Inside." International Journal of Educational Research & Social Sciences 3, no. 3 (2022): 1247–50. http://dx.doi.org/10.51601/ijersc.v3i3.396.

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The protection of the rights of the Customary Law Community (MHA) at the conceptual level has been guaranteed by the constitution. The existence of articles 18 B paragraphs (2) and 28I (3) of the 1945 Constitution as well as sectoral laws (Law Number 5 of 1960 concerning Agrarian Principles. empirical normative research, the Togutil tribal people still live nomadic in the forest and there are who have settled in a settlement around the forest, that the traditional rights of the indigenous peoples of the Togutil tribe are defined as a group of people who have something in common, to live in a c

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Reimundus, Raymond Fatubun Robert Masreng. "Symbolism in the Customary LawLar Vul Nga Bal of the Kei Tribein the Southeast of the Moluccas." Multicultural Education 9, no. 2 (2023): 105. https://doi.org/10.5281/zenodo.7641596.

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<em>The majority of tribes around the world follow a set of oral or written traditional customary laws to manage their tribal lives. These laws have been followed by the tribes for a very long time—in some cases, since the beginning of time. In addition to abiding by national law now that many tribes are constituents of specific contemporary nations, these people continue to abide by their tribal laws in matters pertaining to tribal life. This is also true with the Kei tribe in the Southeast of the Moluccas with their customary law called Lar Vul NgaBal. The Lar Vul Nga Bal law includes

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Rinda Sandayani Karhab. "Management behavior of indigenous peoples in conserving forest resources." Journal of Scientific Papers "Social development and Security" 11, no. 1 (2021): 106–16. http://dx.doi.org/10.33445/sds.2021.11.1.12.

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The study aims to prove the influence of local wisdom, learning, attitudes on the intentions and behavior of indigenous peoples in behaving sustainably or preserving forest resources in East Kalimantan Province. The population in this study is customary law communities, namely groups of people who have local wisdom in protecting and managing the environment sustainably in the province of East Kalimantan. The purposive sampling method was used to select districts and villages as sample areas, namely the districts of Berau, East Kutai, and West Kutai with a total population of 12,483. The sample

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Destuliadi, Desstuliadi. "Larangan Perkawinan Sesuku dalam Masyarakat Minangkabau Ditinjau dari Hukum Adat dan Hukum Islam." IJOCE: Indonesia Journal of Civic Education 3, no. 1 (2022): 27–34. http://dx.doi.org/10.31539/ijoce.v3i1.6632.

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The purpose of this research is to find out how customary law and Islamic law view the prohibition of same-ethnic marriage in Minangkabau society. This research uses a socio-legal approach and is supported by a descriptive analysis approach. This legal approach is qualitative. The results of the study show that there is no conflict between Islamic law and customary law. If same-ethnic marriage occurs, Islamic law does not prohibit it, but Islamic law allows it. Islamic law prohibits marriage, this includes the ban on marrying forever and the ban on marrying for a certain time or temporarily. V

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Fetrus, Fetrus, Basuki Rekso Wibowo, and Fauzie Yusuf Hasibuan. "The Application of Dayak Customary Law In West Kalimantan Towards Fulfilling A Sense of Justice For Victims (Case Study of Indecent Acts)." Asian Journal of Social and Humanities 3, no. 1 (2024): 45–55. http://dx.doi.org/10.59888/ajosh.v3i1.424.

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The position of customary law in the legal system in Indonesia has the same constitutional position as the legal position in general that applies in the life of the state in Indonesia. However, it must be emphasized that there is a difference between customary law and applicable law in general, namely the aspect of its enactment and formation. The applicability of customary law only applies to Indonesians and from the aspect of its form, customary law is generally not written. The method in this research uses empirical legal research. Research approaches using an empirical legal approach inclu

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Husein, Agustina Rahayu. "Role of Damang (Tribal Chief) on Domestic Violence Cases (Study at Palangka Raya City, Indonesia)." Journal of Law and Legal Reform 2, no. 3 (2021): 365–78. http://dx.doi.org/10.15294/jllr.v2i2.46534.

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This study aims to introduce the community to the customs of the Dayak tribe as well as to describe the role of the traditional head damang in handling cases of domestic violence that occurred in the city of Palangka Raya. The people of Central Kalimantan carry out their lives based on rules, norms or orders in navigating life that are regulated by traditional institutions in the form of kedamangan which in this kedamangan customary institution consist of damang, sub-district customary mantir, and village customary mantir. Damang is a customary leader and head of the district level customary p

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Agus, Budianto Rizky Karo Karo. "Marapu Customary Law Reconstruction Through The Establishment Of Regional Regulations As An Attempt Of Human Rights Protection Againts The Native Sumba Society." Multicultural Education 7, no. 5 (2021): 195. https://doi.org/10.5281/zenodo.4767980.

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<em>This paper discusses the issue of the customary law of the native Sumba (Marapu) society and the correlation to the protection against human rights (HAM/HakAsasiManusia). Marapunatives has the virtue of resolving civil disputes or suspected criminal acts, but on the other hand, Marapu’s customary law is indicated to violate human rights, the two violated laws are: (1).Marapuis indicated to violate the right to life, freedom of slavery as stipulated in article 4 and article 20 of Law No. 39 of 1999 on Human Rights (Human Rights Law);(2).Marapuis indicated in violating article 338 of t

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Chandra, Sekhar, and Mg Endang Sumiarni. "Traditional Sanctions Against the Button Tribe Elopement in the Labuhan Regional Court Judge." Musamus Law Review 5, no. 2 (2023): 121–37. http://dx.doi.org/10.35724/mularev.v5i2.5714.

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This research aims to explore the application of customary sanctions in eloping cases that are resolved through lawsuits in court through the existence of Decision No. 4 / Pdt.G / 2020 / PN Lbh. The elopement was carried out by a male woman who is a buton tribe outside the buton area. The family of the woman as plaintiff filed a lawsuit for material and immaterial damages, but the lawsuit was declared indible by the Panel of Judges. In this study conducted an in-depth review of whether the plaintiff's lawsuit can be interpreted based on customary law, whether legal considerations and judge's r

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Corstange, Daniel. "Non-state order and strategic communication via symbolic dress in Yemen." Rationality and Society 33, no. 1 (2021): 3–51. http://dx.doi.org/10.1177/1043463120985322.

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How do people keep order in weak states? Formal institutions provide law and order in rich societies, but are feeble and capricious in much of the developing world. Instead, people turn to informal, group-based order that operates through reputation and contingent cooperation. Such order requires people to police social boundaries and contributions, looking for costly signals of membership and commitment to weed out mimics and shirkers. Data from Yemen show that people rely on tribes for security and dispute resolution under customary law. Yemenis use a prominent symbol of tribalism, the iconi

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Akhter, Sana, Fatima Mahr, and Anoosha Imtiaz. "Exploring Restorative Justice: An Alternate Dispute Resolution Mechanism in Islamic Law and Customary Law." Journal of Law & Social Studies 5, no. 4 (2023): 625–36. https://doi.org/10.52279/jlss.05.04.625636.

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Restorative justice is a conflict resolution technique that strives to give satisfactory victim resolutions, encourage offender accountability, and address the social impact, thereby overcoming the deficiencies of the traditional criminal justice system by bringing together all the parties involved. This paper explores the concept and alignment of restorative principles as a dispute resolution approach within both Islamic and customary law, with an emphasis on traditional dispute resolution methods such as mediation, arbitration, and conciliation. The paper emphasizes the significance of commu

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Swadesi, Pricille Anggelica. "The PENERAPAN HUKUM ADAT DALAM PEMBERIAN SANKSI BAGI PELAKU PENCURIAN MENURUT SUKU DAYAK TAMAN SOSAT." Solusi 22, no. 1 (2024): 70–84. https://doi.org/10.36546/solusi.v22i1.1025.

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Crimes of theft still often occur around the community, both in cities and villages. Solving crimes of theft in villages more often uses customary law as the first route in resolving these problems. The Indonesian state recognizes the existence of Customary Law and respects traditional rights that develop among indigenous communities. This research aims to discuss the application of Customary Law in imposing sanctions in the form of Customary Sanctions, especially for the Taman Sosat Dayak Tribe with the research location in Sungai Lawak Village, Nanga Taman District, Sekadau Regency, West Kal

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Avia, Aurelia, Abdul Natsir Rodja, and Danar Aswin. "The application of the tribal law tada hera by the village government in the village of Habi district Kangae." Jurnal Riset Ilmu Pendidikan 2, no. 3 (2022): 182–85. http://dx.doi.org/10.56495/jrip.v2i3.146.

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The purpose of this study was to find out how the implementation of tada hera customary law by the village government and to find out how the effectiveness of the implementation of tada hera customary law by the village government. The type of research used is descriptive qualitative research using primary data sources. Primary data sources obtained from interviews are village heads, BPD, traditional institutions, community leaders. and secondary is data that does not directly provide data for data collection, in the form of documentation and photographs and then presented in the form of descr

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Anriani, Anriani. "Comparison of Advanced Children According to West Law, Compilation of Islamic Law, and Traditional Law of Bugis Customs." Sultan Agung Notary Law Review 2, no. 4 (2020): 656. http://dx.doi.org/10.30659/sanlar.2.4.656-671.

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The objectives of this study are as follows: 1) To determine the comparison to what extent the position of adopted children in inheriting the assets of their adoptive parents according to Western law, compilation of Islamic law and customary law of the Bugis tribe in Wolo District, Kolaka Regency. 2) To find out what are the obstacles in the application of inheritance distribution according to Western Law, Compilation of Islamic Law and Customary Law of the Bugis Tribe in Wolo District, Kolaka Regency. Based on the data analysis, it can be concluded that: 1) Comparing the extent to which the p

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Rostam, Nadia. "The Protection, Ownership, and Return of Cultural Property: A Surinamese Law Perspective." Santander Art and Culture Law Review 8, no. 2 (2023): 443–56. http://dx.doi.org/10.4467/2450050xsnr.22.029.17042.

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This article explores the ownership of cultural objects within national and traditional customary law in Suriname, with the aim to provide a legal context to the issue of claims for the return of some of these cultural objects from the Netherlands. The discussion of the legal regime for exporting cultural objects examines the National Ordinance of 1952 on Provisions for the Preservation of Objects with Historical, Cultural, and Scientific Value; the Movement of Goods Act of 2003; and the Monuments Act of 2002, which protects immovable objects, objects of archaeological excavations, and discove

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Ickiewicz-Sawicka, Magdalena. "Demokratyczne rządy prawa versus klanowo-plemienne prawo zwyczajowe – bałkańskie odniesienia na przykładzie Albanii i Kosowa (wprowadzenie do dalszych analiz)." Studia Środkowoeuropejskie i Bałkanistyczne 31 (December 14, 2022): 143–58. http://dx.doi.org/10.4467/2543733xssb.22.007.16709.

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Democratic Rule of Law Versus Clan-Tribal Custom Law – Balkan References on the Example of Albania and Kosovo (Introduction to Further Analyses) Statutory law based on the philosophy and doctrine of Roman law is the basic principle of organization, management and functioning of modern state bodies, assuming the form of a democratic state ruled by law. At the same time, the alternative (already existing in antiquity) organization of social life was primeval communities, the identity of which was shaped and sustained by clantribal rules of a hierarchically shaped community. The text consists of

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Reumi, Frans, and Kadir Katjong. "The Legal Standing of Ulayat Rights and Communal Rights of a Land Based on Knowledge and Kindship of Community System of the Sentani Customary Law in Jayapura Regency, Papua." International Journal of Multicultural and Multireligious Understanding 8, no. 9 (2021): 244. http://dx.doi.org/10.18415/ijmmu.v8i9.2982.

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The purpose of this research is to show the different implementation of ulayat rights concept and the communal rights of a Land on the customary law community, after the enactment of Permen ATR/Head of BPN No. 10 of 2016., from the aspect of legal subject, object, characteristics, the validity is the same of not on the implementation based on the knowledge and the kindship system of the 9 (nine) ethnic group of customary law community in 12 (twelve) region of customary regency Jayapura, Province of Papua. This research using normative-juridical and empirical-juridical approach with a secondary

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Saragih, Geofani Milthree, Yoga Triwanda, and Zainul Akmal. "Kedudukan Perempuan Dalam Masyarakat Hukum Adat Melayu Riau." JIP ( Jurnal Industri dan Perkotaan ) 17, no. 2 (2021): 24. http://dx.doi.org/10.31258/jip.17.2.24-32.

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The purpose of this paper is to determine the position and role of women in the Riau Malay customary law community and to find out the Rights and Obligations of Women in Leadership and Election of Riau Malay Customary Heads. It was found for the first time that the position and role of women in indigenous peoples in Riau differed between regions. This is because the customary system in Riau also varies from one region to another. The two rights and obligations of women in the Leadership and Election of Customary Heads are not too big. women do not even have the right to become tribal leaders,

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Prasetio, Dicky Eko, and Irfa Ronaboyd. "Bajo Tribal Marine Customary Rights Supervision: A Reform with Archipelagic Characteristics." Jurnal Kajian Pembaruan Hukum 2, no. 2 (2022): 227. http://dx.doi.org/10.19184/jkph.v2i2.25255.

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There are provinces in Indonesia considered “archipelagic” and “non-archipelagic.” One criterion is to determine whether a province has an ocean wider than the land, with the so-called matter of geography. The issue raised here is a condition where an archipelagic custom exists in a non-archipelagic province. Such a gap between geographical concern and customary characteristics brings at least two consequences. First, a non-archipelagic province has been set out in the international customary law of the sea, including the 1982 UNCLOS on Traditional Fisheries Rights and the law on the Managemen

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PETROV, I. G. "EXPEDITION RESEARCHES BY R.G. KUZEEV ON THE STUDY OF BASKIR TRIBAL SIGNS IN 1975-1982SS." Izvestia Ufimskogo Nauchnogo Tsentra RAN, no. 3 (September 16, 2022): 94–100. http://dx.doi.org/10.31040/2222-8349-2022-0-3-94-100.

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One of the little-studied documents of the scientific heritage of the outstanding scientist-ethnologist R.G. Kuzeev are his field diaries. They are the result of many years of expedition research by the scientist and cover the period from 1952 to 1982. They contain information concerning ethnogenesis, ethnic history, tribal structure, land use system, customary law, history of settlements, toponymy of Bashkirs. A lot of interesting and valuable things can also be learned in them about Bashkir economic occupations and crafts, settlements, dwellings, decorative and applied arts, historical legen

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Haokip, Thongkholal. "The Legacy of Colonial Governmentality in Nagaland." Journal of North East India Studies 7, no. 1 (2017): i—iii. https://doi.org/10.5281/zenodo.12782130.

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Tension continues to simmer in Nagaland over the 33 per cent reservation of seats for women in urban local bodies. The traditionalist Naga Hoho, an apex Naga body opposed to women reservation, argues that no law can be imposed upon the Nagas which affects their customary local self-governance as guaranteed by the Constitution of India. About 160 years ago a new form of colonial governmentality emerged as a response to the Sepoy Munity of 1857 in India. It began as a policy of non-interference, particularly on the custom and religion, of the colonized subjects by bifurcating civil and customary

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Hart, David. "Murder in the Market: Penal Aspects of Berber Customary Law in the Precolonial Moroccan Rif." Islamic Law and Society 3, no. 3 (1996): 343–71. http://dx.doi.org/10.1163/1568519962599041.

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AbstractThis article focuses on the penal customary law of the Aith Waryaghar tribe of the Moroccan Rif in the immediate precolonial period during the two-plus decades prior to the emergence from their ranks of the former qādī bin ʿAbd al-Krim, the leader of the Rifian War of 1921-1926. In it are discussed the results of my fieldwork on the related subjects of alliance, bloodfeud and vendetta in the region, with particular attention to the enormous ḥaqq fines levied by the tribal councillors of both the Aith Waryaghar and adjacent tribes for murders committed in the weekly tribal markets. Thes

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Yusuf, Muhammad Affandi. "FENOMENA PEMBERIAN MAHAR UNIK PADA MASYARAKAT MUSLIM SASAK DI TINJAU DARI PLURALISME HUKUM." al-Rasῑkh: Jurnal Hukum Islam 13, no. 1 (2024): 51–66. http://dx.doi.org/10.38073/rasikh.v13i1.1710.

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This research is motivated by the unique phenomenon of giving dowry to the Sasak Muslim community, namely in the form of dowry giving grilled chicken, sandels, shrouds, google endsense. Looking at the phenomenon that occurs, it is necessary to look at the concept of giving dowry in Islamic law, and customary law, and then how the legitimacy of giving a unique dowry in Islamic law and customary law is justified. This research is a type of library research (literature study) which is qualitative in nature with a normative-empirical approach. The arguments presented in this study use legal plural

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Harijanto, Andry, Subanrio Subanrio, Hamdani Ma'akir, and Joko Susetyanto. "LOCAL WISDOM OF KINSHIP SYSTEM IN REMOTE AND ISOLATED COMMUNITIES ACCORDING TO CUSTOMARY LAW ON ENGGANO ISLAND." Bengkoelen Justice : Jurnal Ilmu Hukum 12, no. 2 (2022): 117–36. http://dx.doi.org/10.33369/jbengkoelenjust.v12i2.25036.

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The purpose of the study is to explain and describe the local wisdom of the kinship system in remote and isolated communities according to customary law on enggano island. Research methods using qualitative approaches and legal anthropology. Data collection techniques are observation, in-depth interviews and secondary data collection. The determination of informants is carried out purposively, that is, key informants are determined by the researchers themselves based on considerations of adequate education, position, and experience. Data analysis is qualitative, which is carried out continuous

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Wiguna, Made Oka Cahyadi. "Pemikiran Hukum Progresif untuk Perlindungan Hukum dan Kesejahteraan Masyarakat Hukum Adat." Jurnal Konstitusi 18, no. 1 (2021): 112. http://dx.doi.org/10.31078/jk1816.

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Today there are still many problems with the existence and traditional rights of indigenous and tribal peoples. These problems tend to place the indigenous and tribal peoples in a weak and marginalized position. Not without reason, it is due to the unequal perception of all related parties, in positioning customary land and indigenious peoples in the context of national and state life based on Pancasila and the Constitution. The issue that will be discussed in this paper is about how to realize progressive legal protection of the existence of indigenous and tribal peoples to realize their welf

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Laksana, Dhelima Putri, Dominikus Rato, and Emi Zulaikha. "The Cost of Panai' as the Marriage Requirement for the Migrant Bugis Tribe under Adat Law." Indonesian Journal of Law and Society 1, no. 1 (2020): 57. http://dx.doi.org/10.19184/ijls.v1i1.16769.

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This research aims to examine the legal phenomena of the application of the panai money, the cost imposed for the migrant Bugis customary law community in Sukabumi Village, Mayangan District, Probolinggo City, East Java. In other words, Panai' money is such customary money which must be handed over in Bugis tribal marriages. The data analysis method used is descriptive qualitative. Data collection techniques using literature study, observation, interviews, and documentation. The results of this study indicate that the submission of panai money has become a tradition that originated from an anc

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