• October 28^th, 2017
• Waluyo Hatmoko (Doctoral Candidate, Parahyangan University, Bandung)

Abstrack:

Drought is a natural disaster that threatens life and cause enormous damage. Report of the Intergovernmental Panel on Climate Change states that the world is more vulnerable to drought in the next 25 years, and climate projections indicate that this will get worse in the future. An important component of a national drought strategy is a comprehensive drought monitoring system which can give warning at the beginning and end of the drought, determine the severity, and disseminating information on various sectors, especially agriculture, public water supply, energy, and health. Such a monitoring system needs a drought index, which is a variable for assessing the effect of a drought, and defining different drought parameters, to detect and evaluate occurrence of droughts. Drought generally classified into meteorological drought, hydrological drought, agricultural drought, and socio-economic drought. Hydrological drought is related to a period with inadequate surface and subsurface water resources for established water uses of a given water resources management system. At present no hydrological index has been developed and applied in Indonesia. This paper describes the development of a hydrological drought index for Indonesia, using indicator of traditional pasten, or its modern derivative Faktor-K indicating the ratio between water supplied available and the corresponding water demand in an irrigation system. Since long time ago, early in the colonial Dutch era, farmers in Indonesia already cultivate rice in the same way as nowadays. The allocation of irrigation water for sugarcane, rice and palawija is planned and monitored using the pasten system to achieve a fair distribution. At present the farmers still practice the pasten system, and the data on water demand and supply is available on most irrigation diversions. It is expected that a hydrological drought index using the easily available data at the farmer level that have been practiced for centuries in Indonesia, can be developed and applied for drought monitoring and water allocation. Preliminary results using this pasten system with the statistical theory of run, indicate that this index is highly correlated with the occurrence of drought in the northern parts of Central Java. read more

• October 28^th, 2017
• Rizki Kirana Yuniartanti (Mahasiswa Magister Perencanaan Wilayah Pesisir dan Daerah Aliran Sungai, Fakultas Geografi, UGM)

Abstrack:

Climate change can be recognized through the phenomena occurring at the north pole in the past 10 years. Phenomena, among others, changes in the hydrologic cycle, water masses and ocean currents that affect the melting of ice, an increase in temperature around the north pole, so that the volume is enlarged and raise sea levels. In 2010, the Arctic ice melts due to global warming. The melting of the past 10 years reached 11.5%. In September 2010 the amount of ice in the Arctic has decreased significantly compared to other periods. If all the ice in Greenland and Antarctica melted, there will be the world’s sea level rise on average 6-7 feet (Susanta, 2008). The average rise in global sea level net subsidence, are expected to rise between 8-13 cm by 2030, between 17-29 cm by 2050, and between 35-82 cm in 2100 (IOM, 2008). read more

• October 28^th, 2017
• Pairah (Tropical Biodiversity Conservation, Bogor Agricultural Institute)

Abstrack:

All of individuals can contribute in climate change mitigation either in reducing emissions of carbon dioxide (CO2), methane (CH4) or nitrogen dioxide (N2O). One of the ways to prepare individuals willing to contribute in climate change mitigation is through education of family because all of individuals are part of the family. Mother has been a family educator since long time ago and with this role, mothers have the potential to play a role in climate change mitigation. As a mother of her children, mother has potential as an intermediary to pass on the values of climate change mitigation to her children. As a wife of her husband, mother has potential to implement green behavior in housekeeping, this case as well as a role model to her children. Moreover, mother also has the potential to encourage her husbands to contribute in climate change mitigation. As a members of society, mother can suggest to the community to contribute in climate change mitigation and shaping the family that have green behavior as role model in the community. Providing insight of climate change for mother is an important step to mobilize communities to participate in climate change mitigation. read more

• October 28^th, 2017
• Deni Bram ()

Abstrack:

In the issue of climate change, the climate justice aspects laid down in international and national regulations are interesting topics that have been widely studied nowadays. In the international context, the dichotomy of developed and developing countries often becomes the basis for determining the principles of climate justice. Ironically, while many developing countries fight for their rights to obtain better climate conditions through the mechanism of regulation and negotiation process, some people in developing countries precisely become free riders for climate quota in their own countries. In some regions in Indonesia we can find activities of traditional community which reflect the local values containing implications of emission reduction. As an example, it can be seen in the existence of traditional community in Bali. This paper hence attempts to elaborate the local values in the activities of Balinese people, mainly in concerning to their belief and tradition in protecting the environment. The principle of Tri Hita Karana which underlines the balance relation between human and his environment is explored to seek the philosophical basis of the daily live of Balinese people. The traditional practice of forest protection and the celebration of annual ceremony of Nyepi Day (silent day) are examples highlighted in this paper. Finally, this paper contents that those traditional practices have effect on the national emission reduction. It also concludes that the local values can certainly become supporter to achieve the ideal concept of climate justice. read more

• October 28^th, 2017
• M. Syamsudin (Faculty of Law Universitas Islam Indonesia (UII) Jogjakarta)

Abstrack:

Ngindung and Magersari are very common terms for the people of Jogjakarta. The former is dedicated and related to the land owned by people in general, while the latter is designated and associated with the land owned by the Sultan of Jogjakarta. There is a historical relationship between the latter and the former. Agrarian Act (Undang-Undang Pokok Agraria) of 1960 as a representation of the state laws have been enacted in the Yogyakarta Province entirely since 1984, however, the influence of historical background on the status of magersari and ngindung still maintains in harmony up to the present. The development and the rapid rate of population growth affect the existence and the commercial value of land. Indeed, the social value of land tends to be changed into commercial values which inspires the relationship among the members of the society, especially in terms of land tenure. Nature of the relationship between them initially is based on kinship and mutual relationship. The relationship is recognised as batih relationship or family relationship, nonetheless, the relationship has changed into self-interest relationship. Hence, the meaning of ngindung and magersari has already changed into commercial function, and not a social one anymore. read more

• 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