• October 28^th, 2017
• Luh Rina Apriani (Law Faculty of Pancasila University)

Abstrack:

Much of the debate regarding legal pluralism is characterized by polarized presumptions that disregard the complexity and variety of local situations. Plural legal orders lie at the centre of this contestation with both state and non-state actors mobilizing law and culture towards ends that can be either inclusive or exclusive. Recognition, incorporation, and decentralization are ways by which a non-state legal order may become part of a pluralized state legal order. All involve questions of: normative content; jurisdiction (over territory, issues and persons); authority (who has it, who bestows it, and how); adjudicatory process (procedure); and enforcement of decisions. Recognition presents numerous conceptual challenges and policy dilemmas. Claims to recognition based on religious, minority ethnic or indigenous identities each have distinct legal and socio-historical foundations. The incorporation or recognition of customary law presents particular challenges. One approach is ?translation?, which attempts to find precisely equivalent rules or institutions that can be recognized or incorporated, but which is not always possible in practice. A different approach is to recognize customary laws without elaborating their content but this also raises questions about the state?s adherence to human rights standards. The calls to recognize the ?customary? do not always imply a retreat into the past: they may legitimate present and future political claims. Such calls are often associated with claims to ?authenticity?. These are not only reminiscent of colonialism, but have policy and human rights implications: how is ?authenticity? and ?expertise? established and thereby whose knowledge and power is privileged. The demand to recognize cultural particularity in law is based on the principle of universal equality but, by definition, it implies acknowledging and giving status to something that is not universally shared. In addition, those who demand recognition of their cultural diversity may themselves prove intolerant of other differences and pluralities. Further, recognition by a state that is considered to be alien and inequitable can erode the non-state authority?s legitimacy. Finally, when state recognition requires the formalization of custom, this may block the dynamic evolution of customary laws and the internal political contestation that drives it. Indonesia with its legal pluralism is facing the problems mentioned above. Conflict arises from the contestation between state law and customary law, especially in natural resources area. Land conflict in Mesuji, West Sumatera is one example of how legal pluralism cannot bridge differences and legal issues in the community. It happens since state law is placed in the top position and eliminate the existence of customary law. This paper will present some examples of conflict between state law with customary law in Indonesia. These examples are expected to be a reference to the ideal model in the implementation of legal pluralism in Indonesia. read more

• October 28^th, 2017
• Joeni Arianto Kurniawan ()

Abstrack:

Industrialization has been so popularly established in the modern world, and it is justified by a perception that it can foster development in a country. So many countries are then encouraged to establish policies expected to promote industrialization, including in the realm of legal policy which is usually imposed through the politics of legal centralism. However, such perception may contain serious risk. In a pluralistic country like Indonesia where there are still so many social groups called as adat people (masyarakat adat) who are still living in traditional community based on traditional-customary law called as adat law (hukum adat), such centralistic policies imposed regarding to the development interest often neglect the existence of these people and this situation often leads into tensions and conflicts between the government and corporations in one hand and the adat people in another hand. This paper will elaborate a phenomenon of legal plurality as the cause of land conflict involving community of adat people in Indonesia, by taking a case study of land conflict between a community of adat people called as “Sedulur Sikep” and a cement company supported by the government regarding to a plan of industrial establishment in Central Java.” read more

• October 28^th, 2017
• Muhamad Sayuti bin Hassan (PhD Candidate, Faculty of Law Universiti Kebangsaan Malaysia)

Abstrack:

The scope of the right to self-determination is still unresolved, even after the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by the General Assembly in 2007. Article 3 of the UNDRIP recognizes the indigenous people?s right to self-determination that they can freely determine their political status and freely pursue their economic, social and cultural development. The main objective of this article is to critically evaluate the right to self-determination of Orang Asli particularly on the right to natural resources that have great impact on their traditional life as well as their economic development. Firstly, this article provides brief background information on Orang Asli including their origin, demography, history and their legal position under national laws. Secondly, this article analyzes the concept of self-determination of indigenous peoples by looking at the international laws, norms and practices. Thirdly, the legal framework on the right to natural resources will be analyzed by looking at the relevant domestic acts, court cases as well as government policies that affect the life of Orang Asli. The compatibility of domestic law with the international standards on the rights to self-determination and natural resources is the main aspect of this section. Finally, this article concludes that irrespective of the latest recognition on the rights to self-determination of indigenous peoples, there is much more to be done to ensure protection in practice. Thus, it is hoped that this article could provide positive contribution towards better recognition and protection of the rights of indigenous peoples, particularly to Orang Asli in Peninsular Malaysia. read more

• October 28^th, 2017
• Iskandar Dzulkarnain ()

Abstrack:

Most parts of Madura region is an island so that the majority of the people depend on marine life. Archipelago society is one of the social communities whose survival is supported by its ability to manage marine resources. Due to the huge challenges in the ocean, it is quite common for the people to be economically poor. To overcome such problem, the coastal Madurese women take the initiative to work in the public realm as a form of assistance to her husband. The uncertain result and time in fishing leads the husbands to work out of the island and even overseas as a migrant worker. These become the main factors in enforcing the women to work in domestic and public area. Their economic reality somehow obliges them to go against the common traditional Madurese culture. The good thing is that this independence can lead them to be a strong woman ready to face the challenge of injustice treatment from their husband and society. On the basis of this, the author tries to empower coastal Madurese women to be independent economically and socially, eventhough their independence is not coupled with gender justice for them. Therefore, the researcher argues that it is necessary to empower the women through strengthening the economy which will lead to independence of women in the realm of economy, society, culture, and religion through Grameen Bank, a program through which the money is sent by their husbands from abroad (remittances). The contradictory case happens in South Malang Regency, Donomulyo Subdistrict, Gedungsalam village. In this village, most of the families of the migrant workers are economically, socially, and culturally well established. Based on these two cases, the researcher will try to compare the financial management pattern of the migrant worker wives through the remittance of Grameen Bank program. read more

• October 28^th, 2017
• Dhandhun Wacano (Master Program on Planning and Management of Coastal Area and Watershed Geography Faculty, Gadjah Mada University)

Abstrack:

Merapi volcano eruption has made several impacts in various aspects of life, such as agriculture. Salacca is main commodity in Sleman District. Salacca farming collapsed after Merapi eruption in 2010. Volcanic ash has caused salacca plants damaged and died. Salacca farmers suffered a lot of losses due to the damage of salacca plants. The objective of this research is to identify the economic vulnerability of salacca farmers and its causal factors in Girikerto village. Methods used in this research are to study literature and in-depth interviews with salacca farmers. People in Girikerto village have high dependence on salacca farmland because they don?t have other jobs. When Merapi volcano erupted, they faced economic deterioration. It shows that people in Girikerto village, especially salacca farmers, have high economic vulnerability toward Merapi volcano eruption. Salacca farmers have an organization namely farmers group. This organization is useful for economic recovery after Merapi eruption. It can reduce social vulnerability for salacca farmers in Girikerto village. read more

• October 28^th, 2017
• Eksa Rusdiyana (Student of the Graduate School of Communication and Instruction on Development Gadjah Mada University)

Abstrack:

Agriculture is one sector of life that is already synonymous with poverty. Even agriculture is a sector that is perceived to be difficult to regenerate its successors due to the lack of young manpower who are interested in it. This perception does not seem to apply in the agricultural sandy land in Garongan Village, Panjatan Sub-district, Kulon Progo. Agricultural sandy land in Panjatan Sub-district began to develop in the early 1980s and has been able to attract young people to get involved into the world of agriculture. Even young people who have migrated to cities finally return to their village and have chosen to become farmers. In the midst of a phenomenon of more difficult in finding the young people who are interested in working in the agricultural sector, this is in contrary with the condition in general. This study aims to analyze the existence of the auction market in Garongan Village as a form of consensus that becomes the source of power for sandy land farmers in keeping the selling price of agricultural commodities, especially chili. The data is obtained by exploring in-depth interview with the informants, in addition to some field observation. The result of the study shows that the existence of the auction market is the result of consensus of community development that has turned to be a means of power of sandy land farmer to the price gaming of middlemen. Auction market has become a form of local wisdom of farmers in Garongan Village that has increased their bargaining position viz-a-viz the traders. read more

• October 28^th, 2017
• Desintha Dwi Asriani (Department of Sociology, Faculty of Social and Political Sciences, Gadjah Mada University)

Abstrack:

This research focuses on the experience of Wonogiri peasants in undertaking the local knowledge internalization to solve food crisis problem. It is related to climate change phenomenon affecting to the shift of growing seasion, having the dramatic loss shown by increasing crop failure and even drought disaster. Moreover, peasants and family could be trapped into the condition of being undernourished, impoverished and more dependent. On the other hand, Javanese conceptualization identifies people as part of community that is full of collectiveness spirit. It delivers everyone as agent to sustain that local culture through the principle of harmony; and food crisis is assumed as a threat to the balance. Bourdieu?s theory is used to analyze that the existence of value, culture and norms are meaningful capitals to be reproduced for creating safety mechanism as a negotiation when peasant community is faced with the oppression provided by food crisis risk. This paper suggests that the Javanese principle of harmony is a strong influence to develop some adaptable strategies by utilizing some chances through the cultural knowledge, power of neighborhood, potency of local organization in producing alternative solution. In individual level, harmony system also endorses people to be humble so that they could avoid consumptive habit. read more

• October 28^th, 2017
• Ahmad Zuber (Sociology Department, Faculty of Social and Political Sciences, Sebelas Maret University, Surakarta)

Abstrack:

In rural indigenous community there are various social behaviors that can be socially useful for alleviating poverty. Some of them are social behaviors of kondangan, sambatan to raise house, and kerja bakti to build road. Kondangan is a social behavior done by the community to attend a wedding party or circumcision party. It has some purposes; to celebrete the day of wedding or the day of circumsicion, to strengten the brotherhood alliance, to do prayer to the couple of bride and bridegroom or someone who is circumcised. It is to give gift to someone who hold wedding party or circumcision party as well. Social behavior of sambatan to raise house is a system of mutual assistance through moving labor from indeginous to help people to raise house. The mutual assistance is held by indegenous community voluntarily. This social behavior is based upon principle of reciprocity, and who does goodness, he/ she will also get goodness from other. Social behavior of kerja bakti to build the road is done by community together and voluntarily to improve or to maintain the village roads. read more

• October 28^th, 2017
• Muhammad Ansor ()

Abstrack:

AnakRawatribe or is also called AsliAnakRawatribe (or Asli tribe in abbreviation) is one of the indigenous peoplein Riau, besides Sakai tribe at Bengkalis, TalangMamaktribe at Indragiri Hulu, Petalangantribe at Pelalawan, Akittribe at KepulauanMeranti, and Bonaitribe at Indragiri Hilir. Naturally, indigenous peoplein Indonesia or in all over the world, at least, face two groups that always push their agendas: state and corporate. AnakRawatribe in Penyengat also faces this condition. State, by the reason of civilization and modernization, push them to change social, cultural, and their identity.Theyusually live nomadically at jungles and river. But, by the state, they pushed to stay in one place. In nature, they are indigenousreligion believer (animism and dynamism), but then theybeing force to become one of religions believer that is legalized by state. Today, at school, AnakRawatribe?s studentsis study specific religions, although in their daily live they is not the believer of the religion. read more

• October 28^th, 2017
• Haryo Kunto Wibisono (SAAS Indonesia and Brawijaya University, Malang)

Abstrack:

As a part of colonialism discourse and impact of European exploration, in the past Indigenous problems appear when discussing their self- etermination/independence. For instance, condition happened in Asia-Africa continent post World War II and 1950?s/1960?s decade, through their declaration of independence and emerged of new nation in their territory. Certainly, poped out big question with the main newly independent states agenda, such as recovery national character, political sovereignity, also economical autonome. The core of its point about indigenous ideas as a native (identity) from their recently independent territory was main base for its nation to facing global challenge. Final Communiqe Asia-Africa 1955 had viewed as consensuss that agreed with cooperation in many sector, especially political, economical, cultural by similarities destiny and purpose for standing equally to another nation. Thus, both of continent had unified through cultural contact in the past, between theirs ancestor so that the basic idea about indigenous identity had been transformed from ancient times, although had been interupted by Europeanisation supremacy. Final Communique Asia-Africa 1955 resulted by phenomenal event called as Declaration of Asia-African Solidarity or familiar with name Asian-African Conference/Bandung Conference, April.18-24 1955, which presented 29 countries from its region. Generally, after that event, many steps had built to recovery indigenous identity through continuation meeting, those goals to rising up cultural character, insisting political sovereign and mutual cooperation in economy. This paper will discussing a keypoints in Final Communique Asia-Africa 1955 and relevancy to future, in indigenous discourse and modern challenge within solidarity, identity and part of Advocating Movements of the Indigenous Communities and Their Relation to Trans-National Agencies. read more