Pos oleh :

shofyanhadiramadhan

Mapping Adat and Islamic Law Continuum: The Bliss of Indonesian Pluralism?

Abstrack:

Everywhere in the post-colonial era, the phenomenon of adat (customary) law has always been the subject commonly augmented in the discussion of legal pluralism. Triangular relationship of customary, religious and statutory laws is a plausible starting point to understand the continuum between non-state normative orderings and the state one. Indeed, adat law had been shaped by conquests and migrations for centuries. In explaining the legal complexity of Java, for example, Clifford Geertz described it as the product of the encounters of an original group of settlers from South China and north Vietnam with India states, Chinese trading communities, Islamic missionaries, Dutch and British colonizers, Japanese occupation forces, and presently the Indonesian state. Our understanding of adat law has thus never been separated from the fact of its relationship with other legal traditions found living side by side. The history of adat law has however been described as the story full of class and dissonance. The old Dutch jurist, Ter Haar, since early twentieth century has showed the long list of conflicts between adat law and Islamic law in the indigenous community of the archipelago. This kind of awkward relationship between the two legal traditions has in fact been continued unabatedly until today, disregarding the many values of convergences and efforts of adjustments to reapproach the two laws. read more

“Land Law and Shifting Cultivation: Indonesian Adat Communities and the Struggle for Statutory Rights”

Abstrack:

The idea of land rights within statutory law are often reduced to ownership rights; however, as Schlager and Ostrom (1992) point out in their ?bundle of rights? approach to land tenure, rights to access, use, manage, exclude and alienate other users are all equally important. Adat, or customary law, within West Java?s Kesepuhan communities often accounts for these other forms of land tenure. The semi-nomadic status of some Kesepuhan communities has therefore not been a problem under adat land management. In the past year, adat communities have been forced to confront the differences in customary and statutory perceptions of land tenure when a 2013 Constitutional Court ruling overturned the Indonesian state?s claim to ownership of adat forests and granted it to local communities. As land reform slowly moves forward in the country, how is shifting land tenure to be accounted for in the coming years of Indonesia?s statutory laws on land? This paper explores the multiplicity of land tenure rights and how ethnic minority communities struggle to navigate the levels of land laws controlling their rights to ownership, use, management, exclusion and alienation of land they view as their own. This paper presents the West Java Kesepuhan communities as a case study for the interaction between statutory and customary laws within land reform movements in Indonesia. read more

The Dialectics of Scientific and Local Knowledge in Response Farming to Climate Change: The Case of “Science Field Shops” among Rice Farmers in Indramayu

Abstrack:

Farmers are good observers of their own habitat. Ilmu tit?n (observable-memorable science) and pranata mangsa (Javanese cosmology) are the products of Javanese farmers? meticulous observations and experiences over time. Those products have been marginalized since the introduction of the Green Revolution technological package, though some groups of farmers have preserved ?local science? as a basis for their cultivation practices. In recent decades, farmers have had to struggle to survive because of ongoing, unusual risks in their environment. The reality of global warming, the increasing variability of climate, and the occurrence of extreme events caused by climate change have created unexpected consequences and challenges to their conventional ways of cultivating crops. Could they rely on their ?science? and conventional ways of farming to cope with these risks? A number of rice farmers in Indramayu Regency, West Java, argue that they have to reinterpret their local cosmology and reconsider their practices in their struggles to cope with these unusual risks. They admit that the introduction of ?agrometeorological learning? by a Dutch agrometeorologist in collaboration with Indonesian anthropologists from Universitas Indonesia through ?Science Field Shops? (2010?2014) has helped them significantly in developing their ?response farming to climate change?. The ?Science Field Shop? is an arena in which farmers carry out their own daily rainfall measurements and agrometeorological analysis, and discuss their findings monthly with fellow farmers and scientists. This presentation will examine farmers? agrometeorological learning as a case of continuous dialectics between scientific and local knowledge, as well as dialogues between farmers and scientists/scholars as a means of assisting farmers in improving their anticipation capability and decision making. Neither science nor local knowledge alone can help farmers. read more

Joget amerta: A Kind of Religious Practice from Javanese Buddhism

Abstrack:

Joget Amerta is a religious practice which has been created by Suprapto Suryadharmo. The main objective of discussing Joget Amerta is to describe how Javanese responds to practice Buddhism in the specific culture. The response produces specific practice which is difference from other cultures, both characteristically and practically. The uniqueness of Joget Amerta can only be found in Javanese culture because it is originally born from culture of Java, and it results from the flexibility of Javanese people in accepting various incoming religions from outside world. I argue Joget Amerta shows the highly capability of Javanese people to produce particular religious practice which is totally different from the original practice coming from the original countries, as it is well known that Buddhism was brought by Siddhartha Gautama from India. In order to enrich scholars? debate on the issue of practicing world religion based on local culture; I raise two research questions in this paper. The first, what are the basic movements of Joget Amerta? The second, why Joget Amerta is considered as one of religious practice of Javanese Buddhism? In accordance to the case of Joget Amerta, I assume what happens after the contestation between Buddhism and Javanism is syncretism. It means that religious doctrine from Buddhism has been successfully transformed into specific practice with unique characteristic. read more

The Habit and Acoustic Ecology in High Volume Music

Abstrack:

Feast is an expression of gratitude to God because of success or happiness in life. Feast becomes a medium to share of happiness to others. In a feast there will be decoration, food, and some music in order to cheer up the invited guests. It is hope to be satisfying. The feast is made lively with music. The music especially with its high volume plays very dominant factor. It is used to attract guests to enjoying feasts in Kupang,NTT. The music in feast is usually from audio cassettes

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The Survival of The Local Art and Culture in 5 Star Hotels in Bangkok, Thailand.

Abstrack:

Thailand is a land of long and rich history. After had many episodes of social and cultural adaptation, evolution and development, the predecessors of Thai people have left remarkable and distinctive art and cultural heritage, which is still carried on until nowadays. However, along with rapid progress in technology and communication system under the globalization era, Thailand also has been affected in many ways. In the field of construction, Thailand?s architecture has evolved in terms of design, materials, method of constructions, demand and needs, functions and image. All these changes are due to Thailand?s geographic and cultural crossroads factor, which is can be seen in palace, temple, residential, commercial, institution and others. Hence, this study is conducted to identify how modern architecture use local art and culture in reflecting local image and identity. In order to achieve the prime aims as outlined above, the objective of this paper is to have the overview of the general practice of local art and culture in 5 star hotels in Bangkok,Thailand. During this research, 22 samples has been observed and all information acquired through primary and secondary method. Some methods has been used namely literature review, observation, documentation and analysis. The finding of this research is giving an overview on how nowadays practice in using the local art and culture in new context. This will respond back towards government campaign about creating sense of Thainess in promoting tourism in Thailand. In conclusion, the importance of this research is it will give some information and guidelines to certain individuals such as an architect or interior designer in designing or implementing local art and culture in enhancing their design. read more

“Shared values” in Driving Local Community Participation in Integrated Watershed Management: The Heartware Approach

Abstrack:

“Governance” within Integrated Water Management (IWM) can be defined more inclusively as a gradual, continuous and holistic process of short, medium and long-term decision making that takes into consideration the on-going conflicts, competition and resolutions between various groups that has a stake on a watershed . A key element within this inclusive approach of governance is its increasing recognition in dealing with Heartware (stakeholder and community willingness to cooperate) – in addition to the ?hardware? (science and technology) and ?software? (policy) aspects of governance. Some have even argued that any hardware and software would not be sustainable without enough heartware to drive its development. Although inspiring, available lessons in incorporating elements of heartware in the governance of IWM are mostly derived from the experience of other countries and its usefulness may be dependent to the countries? respective contexts. Historical context, economic priorities, political culture, religious beliefs and socio cultural diversity are some of the characteristics that may differentiate the potential responses of the different society in dealing with Heartware. Therefore, although one can take inspiration from the experience of others, it is still very important to explore the extent to which the heartware approach in IWM is useful when applied within the local context. Based on these reasons, a study has been conducted by the researchers to explore elements of shared local values in the context of a watershed village community in the State of Selangor, Malaysia. We hope that the findings can provide preliminary insights on how far the heartware approach can be useful within a local context. read more

Traditional Uses of Plants and Rituals in Turgo Community of Yogyakarta And Possible Link with Biodiversity Conservation in The Merapi National Park

Abstrack:

The Turgo community in the slope of Merapi Mountain Yogyakarta has long been known to live very closely with the threats of volcano eruption of Merapi Mountain of Yogyakarta. With its unique situation, which lies perfectly in the southern slope of Merapi and in The Merapi National Park, this community develops varieties of local wisdom that helps them survive against the disaster, the increasing land-clearing due to tourism developments, and the challenge of climate change. This research was conducted to understand the traditional uses of plants that are important to Turgo community for their sustainability. In addition, this research aimed at identifying the rituals that have a possible link with conservation of plants of the Merapi National Park. Using several methods of data collections, such as surveys and open-ended interviews, we found that people of Turgo categorize the uses of plants into: medicinal plants, ornamental plants, aromatic plants, cattle-fodder plants, natural-pesticides plants, dye-source lants, building-material plants, edible plants, and plants required for rituals. the Turgo community has been practicing ancient rituals such as Memetri tuk, Ndamel Griyo, Ngunduh Mantu, and Wiwit. Memetri tuk is a ritual performed to save the water. Ndamel griyo is performed when people start developing their houses, and ngunduh mantu is one of a weddding rituals. Wiwit is the starting ritual before rice-harvesting. All of these rituals uses local plants as their main essence. These rituals, in turn, have been helping the conservation of plants in the Merapi National Park. read more

The Satoyama Agricultural Development Tool (Sadt): A Model for Sustainable Agriculture Development in Rural and Indigenous Communities

Abstrack:

Satoyama is a Japanese term for landscapes that comprise a mosaic of different ecosystems which include forests, agricultural lands, grassland irrigation ponds and human settlements aimed at promoting viable human nature interaction. The Japanese government is seeking to revitalize it locally and promote it internationally, receiving accreditation as United Nations Educational, Scientific and Cultural Organization (UNESCO) Satoyama Initiatives. With the objective of evaluating communities based on the Satoyama principle, a method was developed founded on the five perspectives identified by the International Partnership for the Satoyama Initiative (IPSI). To facilitate this method, data is utilized from available sources and key informants are selected using the purposive sampling technique. Results obtained allow for communities to be classified as Satoyama like, in transition or non compliant. The SADT acts as an orientation for professionals to determine the shortcomings, propose solutions on the basis of the Millennium Development Goals (MDGs), and the correct approach to assist the community in sustainable agricultural development premised on its local culture, belief systems and traditional knowledge. The tool could serve as a guide for determining the priority measures to achieve sustainability and can also be possibly applied to quantify other qualitative concepts. The SADT has been successfully utilized in Gabon, Guyana, Indonesia, Japan, Malaysia, and Thailand with various degrees of success. Its use thus far proves that it can be applied by individual researchers in collaboration with local village leaders and villagers to facilitate inclusive decision making and development, as well as serve as an orientation for determining progress in projects already in motion. read more

Implementation of Community Development Model As A Strategy for Institutional Strengthening and Village Empowerment

Abstrack:

This study aims to implement community empowerment model for institutional capacity building of cooperative, farmer groups and small business groups in the Pasuruhan Village of Binangun District, Cilacap Regency. This study uses cooperative inquiry as a form of action research. Data was collected through focus group discussions (FGD), interviews, and observation and documentation analysis. Informants have been purposively selected and determined based on consideration of the researcher that the informants were able to meet the research objectives. Informants were selected consisting of cooperative management, group farming, catfish farmers, and small business group. The results showed that people have already got easy access to the bank. However in some cases problems of confidence arise between banking and community. In general, people became more understood and confidence in the credit lending business which is healthier, lighter and safer through official banking instead of through the loan sharks. Community also understands business credit lending procedures. Finally, a partnership could be established between the economic institutions in the Pasuruhan village which are cooperative, a group of farming and small business group with the financier, Bank Rakyat Indonesia (BRI) through Productive Business Loan Program. read more