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Mada, Markus

Jurnal Bahasa, Sastra, Budaya, dan Pengajarannya 2023 Pusat Riset dan Inovasi Nasional

This study aims to determine the implementation of the Pati Ea Culture of the Lewuk Tribe in Natarita Hamlet and the Socio-Economic Conditions After the Pati Ea Ceremony in Natarita Hamlet, Darat Gunung Village, Talibura District. This research uses descriptive qualitative method. The research subjects were the Lewuk Tribe Traditional Leaders, community leaders who had organized pati ea events and community leaders in Natarita Hamlet who were actively involved in pati ea events. Data collection techniques used are observation, interviews, and documentation. Data analysis techniques in the form of data collection, data reduction, data presentation and drawing conclusions. The results of the study show that pati ea is a traditional ritual performed to honor the spirits who have died and ask for abundant yields in wulan lelen (rainy season) and to give thanks for the harvest in wulan daran (summer). Kula babong (deliberation), Teme Pelang ( soaking rice), Leron pati ( slaughtering animals) and Ekak ( feeding the ancestors). The Socio-Economic Condition of the Dusun Natarita community after the Pati Ea ceremony experienced a decline due to the community's non-compliance with adat.

Fitri Nur Alifah

Jurnal Bahasa, Sastra, Budaya, dan Pengajarannya 2023 Pusat Riset dan Inovasi Nasional

Malay culture that developed in the Nusantara provides an intellectual heritage in the form of ancient texts, one of which text of Undang Undang Adat (UUA). The UUA text is a text containing Minangkabau customary law. This text was written in 1858 by Datuk Raja Bandara using Arabic-Malay script. The aim of this research is to reveal Minangkabau customary law institutions in the UUA Text. The method used in this research is descriptive qualitative. Data obtained from the text will be analyzed and explained systematically. Based on reviewing the contents of the text, this research produces findings of customary legal institutions which include (1) cupak nan duo, namely cupak usali and cupak artificial, (2) four laws, namely the nagari law, law in nagari, law -luhak law, and nan twenty laws, (3) kato nan ampek namely kato pusako, kato mufakat, kato kudian bacari, kato dulu batapati, (4) judge's debt or obligation of the judge, and (5) sanctions for violations custom.        

Rai Thoriq Azhar; Rakha Farassya Nurzaky

Jurnal Ilmuan Bahasa dan Sastra Inggris 2023 Asosiasi Periset Bahasa Sastra Indonesia

The writing of this article was carried out to show and provide education to tourists about what is in the Cirendeu traditional village and what prohibitions there are in the Cirendeu traditional village, so that it can be used as a tourist attraction in Cimahi for tourists. By using the observation method, searching for online-based data and information and also conducting research directly by visiting the Cirendeu traditional village. The Cirendeu traditional village has cultural and artistic values that are still present in their lives. By conducting this research, we hope that tourists will realize and care more about how important it is to maintain the natural beauty and cultural values in a tourist destination. Cireundeu Traditional Village is one of the Tourist Attractions (DTW) in the cultural aspect and is the only traditional village that applies the tourist village concept in Cimahi City. Cireundeu Traditional Village has a variety of potential, but has not been managed and developed well so it has not yet become a sustainable tourism destination. Thus, this article will analyze the various potentials as well as the shortcomings and weaknesses of the Cireundeu Traditional Village, so that the strategy for developing this tourist village can be known.    

Madha Wijaya Hastabrata; Siti Munawaroh Septyningrum

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Customary inheritance law is customary law that regulates the system of inheritance procedures. There are 3 (three) customary inheritance systems in Indonesia, namely the individual inheritance system, the collective inheritance system and the majorate inheritance system. Meanwhile, there are 4 (four) kinds of kinship systems in Indonesia, namely patrilineal, matrilineal, bilateral or parental and alternate kinship systems. Balinese people adhere to the patrilineal kinship system, which is based on descent from the male side. This means that in Balinese society, the male child is Bali, and the position and rights of men are higher than the rights and position of women. In Balinese society, girls have the right to enjoy inheritance as long as they perform their dharma.  The limited right of girls to receive inheritance led to emancipation which demanded that girls get the same inheritance rights as boys. During the Indonesian government, the protection of women's inheritance rights in Bali was further strengthened by various laws and regulations issued by the government. However, there are also factors inhibiting the protection of women's inheritance rights in Bali, namely the strong influence of patriarchal culture in Balinese society and adhering to Balinese customary law which gives greater inheritance rights to men.

Adelina Amanda Dwi Syahputri; Grace Adinda Simamora

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Inheritance law is a regulation that regulates the legal position of the assets of a person who has died, which will later change hands to another person who has the right to receive the assets. Inheritance law in Indonesia applies 3 (three) types of inheritance law, namely customary inheritance law, Islamic inheritance law, and western inheritance law. In carrying out this inheritance system, in its implementation there are still several errors and unlawful acts committed by the parties, such as in decision NO. 537 K/Pdt/2017. In this decision, it was discovered that there were unlawful acts in the distribution of inheritance in the Batak tribe. The Batak tribe adheres to a patrilineal family system, which means that the bloodline is drawn from male parents or fathers, so that the position of fathers or men in traditional society can be said to be higher than women.

M. Ongko khoirurozy; Putri Happy Aprilia Azis

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

pewaris, ahli waris , dan sistem pewarisan yang digunakan oleh suku adat tertentu. Dalam suatu konteks pewarisan adat disini ditujukan untuk melakukan suatu penerusan harta warisan baik itu berupa harta yang berwujud fisik atau materiil atau harta warisan yang tidak berwujud fisik atau immaterial. Sistem pewarisan yang diterapkan oleh suku Jawa disini adalah sistem kekerabatan parental dan sistem  pewarisan secara individualis, dimana terdapat suatu keterkaitan dalam kedua unsur pewarisan tersebut. Dalam pewarisan yang telah diterapkan oleh suku Jawa disini telah memberikan ruang terhadap para ahli waris untuk memiliki kedudukan yang sama dalam pewarisan. Sistem individualis yang diterapkan dalam sistem pewarisan suku jawa juga memberikan bahwasanya dalam pewarisan tersebut harta benda akan menjadi hak milik dari ahli waris. Metode yang digunakan dalam penelitian ini adalah yuridis empiris dengan pendekatan studi pustaka, dimana dengan penerapan metode tersebut akan memberikan penjelasan yang lebih detail terhadap sistem pewarisan yang terjadi dalam suku Jawa dengan sistem kekerabatan parental dan penerapan sistem pewarisan individualis. Kata Kunci:  Suku Jawa, Parental, Individualis, Waris

Arman Arroisi Hatta; Josua Arya Subagiyo

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Karo Batak customary inheritance law is based on a patrilineal system which determines that the main heir is the eldest son. However, it should be noted that women also have the right to inheritance in some cases, especially if there are no sons in the family. In general, inherited assets are divided equally between the children and surviving spouse of the deceased, but certain properties such as land or inherited property in particular are more likely to be passed patrilineally to the eldest male child to maintain the continuity of the bloodline. This system also recognizes the important role of ancestors in determining inheritance distribution and has strong customary mechanisms to resolve conflicts that may arise regarding inheritance distribution. Even though it is still recognized and implemented, Karo Batak customary inheritance law has faced several challenges and adaptations with the advent of the modern era. Changing living patterns, urbanization, greater education, and the influence of national laws often influence the way heritage is managed and shared. In many cases, inheritance arrangements may combine elements of customary law with national law to adapt to social changes and the practical needs of modern families. This could have the impact of a more equal distribution between children, without necessarily taking into account gender or birth order, as well as paying more attention to the economic and social needs of family members. Despite this, customary inheritance law practices are still respected and maintained in many Karo Batak communities, often as part of their cultural identity and traditions.

Izdihar Luthfiyyah Surya Gerhana; Elip Intan Pratiwi

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Customary inheritance law is the passing of wealth from the upper generation to their descendants. Inheritance law is based on customary norms, BW, to the Compilation of Islamic Law. The Bugis tribe as adherents of the parental inheritance system still maintain the customary distribution of inheritance Over time and along with the entry of Islam, the Bugis tribe began to use Islamic law as a way out to fulfill the obligations of heirs.

Sipayung, Baren; Siti Kotijah; La Syarifuddin

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Penelitian ini mengidentifikasi pengabaian terhadap pengakuan dan perlindungan masyarakat hukum adat di Kalimantan Timur yang dapat memicu sengketa hukum. Melalui analisis hukum, penelitian membahas implementasi Peraturan Daerah Kaltim Nomor 1 Tahun 2015 dan dampaknya pada hak-hak serta keberlangsungan masyarakat hukum adat. Faktor tumpang tindih aturan positif dan hambatan diungkapkan dalam konteks efektivitas proses pengakuan dan perlindungan. Hasil kajian ini diharapkan memberikan pemahaman lebih mendalam tentang isu hukum kompleks terkait masyarakat hukum adat di Kalimantan Timur, mendukung perumusan kebijakan yang lebih baik untuk menjaga hak dan keberlangsungan mereka.

Mozarto Omar Vivaldi Hermanto; Achmad Farhan Aly

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Inheritance law contains regulations that include the need to understand the dynamics and challenges in the property inheritance system, involving legal, cultural and social aspects. Jurisprudence reflects efforts to maintain a balance between local wisdom, justice and legal certainty in the inheritance of traditional property. This research uses a normative juridical method with a case approach, analyzing court decisions that have permanent legal force. Although the patrilineal customary inheritance system still applies in several regions of Indonesia, the view that customary inheritance law is irrelevant reflects the complexity of social and legal transformation. Although there are arguments that customary inheritance law does not always comply with justice and changing times, some judges in Indonesia still use jurisprudence or other inheritance laws in their decisions.

Kresia Kresia; Muhammad Riyan Wahyuda; Daryll Alessandro Indratmoko

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Law is a regulation that regulates and enforces society, containing regulations or prohibitions on actions within a state order established by authorized institutions. Basically, law is formed because of an event, meaning that law follows changes in society. Indonesia is a country based on Pancasila, which has very diverse ethnicities, religions and races. This is what causes Indonesia to have diverse customs, which means that customary law in Indonesia has diversity. Customary inheritance law in Indonesia has three inheritance distribution systems, namely patrilineal customary inheritance, matrilineal customary inheritance, and parental customary inheritance. Patrilineal traditional inheritance is inheritance drawn from the father's lineage, traditional matrilineal inheritance is inheritance drawn from the mother's lineage, and parental inheritance is inheritance drawn from the second lineage.

Guntur Rapi Sanjaya; Bima Adi Putranto

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Patrilineal inheritance, a customary system practiced in various Indonesian traditions, designates inheritance passing through the paternal lineage. However, complications arise when heirs lack male descendants or those recognized as legitimate by customary norms. Customary practices within the community often address these issues. Judicial panels frequently adjudicate disputes related to patrilineal inheritance to ensure equitable resolutions. Judges, empowered by the Judicial Power Law No. 48 of 2009, make decisions based on a comprehensive understanding of the legal framework and case circumstances. A case analysis, specifically Verdict Number 3494 K/Pdt/2016, concerning the inheritance dispute among the Batak Toba customary community, revealed that evidence from documents and testimonies proved the disputed land belonged to the appellants. The land, previously acquired by the appellants' mother through purchase from the Nagari, was not part of the inheritance left by the appellants' grandfather. However, the decision in settling the Batak Toba customary dispute in Verdict Number 3494 K/Pdt/2016 did not align with the principles of patrilineal inheritance customary to the Batak Toba community. This divergence stemmed from the judges' consideration that the disputed land constituted communal property resulting from the marriage between the late Yakob Sitinjak and the late Sanggul Boru Sinaga.

Ardicha Caterine; Irbah Dhiaulhaq Salsabila

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Inheritance is part of civil law which is a vital part of family law.  Inheritance conflicts still often occur in society.  Indonesia consists of many tribes, customs and cultures, giving rise to a diversity of habits in living life.  The habits of these groups of people become different points of view in determining legal standards in meeting all the needs of citizens.  The kinship system has a major influence on inheritance from customary inheritance law.  The kinship system is drawn along three lines, namely patrilineal, matrilineal and parental kinship.  The hierarchy of statutory regulations is an order that determines the priority of use of existing legal regulations, the application of which varies from higher rules to lower rules.  The research uses normative juridical methods which are carried out using three research materials.  Primary materials are in the form of laws, secondary materials are books or journals, and tertiary materials are dictionaries or encyclopedias.  Recognition of the existence of indigenous peoples in Indonesia is guaranteed in the constitution in Article 18B Paragraph (2).  Customary law is not formally accommodated in Law Number 12 of 2011 but its application is the same as other statutory regulations which have binding legal force.  Indonesia itself does not yet have a national inheritance law.  Settlement of customary inheritance disputes in Indonesia is carried out by means of consensus resolution, resolution through customary institutions, and also resolution through the courts.

Elza Savira C.Z.; Putri Tamara Maukura

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This research aims to find out about the position of inheritance rights for Balinese women who have changed religions based on the case study of Cassation Decision Number 2826 K/Pdt/2017. The background of the research, that the biological daughter of the heir who has converted to religion demands her right to be made an heir, where as it is well known that Balinese society has a patrilineal kinship system (purusa), which means that the heir will fall to the son. This type of research is normative legal research with the approach applied in this normative legal research is a conceptual approach and a case approach. The results of the analysis of the research, the Decree of the Main Assembly of Pakraman Village Bali in 2010 Number: 01/Kep/Psm-3/X/2010 regarding the Results of Pesamuhan Agung III MUDP Bali which states that Balinese women receive half of the purusa inheritance rights after deducting 1/3 for heirlooms and preservation interests. However, this does not apply to Balinese women who have converted (from Hinduism to other religions). This is because as heirs who follow Balinese inheritance law, heirs must have the responsibility to take care of all the obligations of their ancestors both in terms of religious obligations and maintenance of shrines. Therefore, if a child chooses to change religion, the legal consequences will be that the heir or child does not have rights and obligations towards the heir, family and custom.  

Fathiya Nur Rosyida; Karina Shofi Sabitha Ramadhani

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Indonesia characterized by its diverse society encompassing various ethnicities, cultures, races, religions, and regional customs, exhibits a distinctive uniqueness. The country features three primary kinship systems patrilineal, matrilineal, and parental or bilateral. These kinship systems significantly impact the lives of indigenous peoples, particularly in the Batak community, which follows the patrilineal system, especially in matters of inheritance. This study aims to analyze the correlation between the patrilineal system and Batak customary law regarding inheritance, as well as explore methods for resolving disputes arising during the inheritance division process according to Batak customary law. The research adopts a normative approach, utilizing a literature study as the method of data collection. The findings indicate a connection between the patrilineal system and inheritance practices within Batak customary law. Moreover, the study highlights two approaches for settling disputes related to Batak customary inheritance non-litigation and litigation.    

Devina Natasyafira; Khamilatun Nisah

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

With the rapid development of globalization, there are people who have the desire to change their own gender or what is usually called transsexual. Transsexualism can happen to someone due to environmental factors and hormonal factors. This phenomenon raises problems in all legal dimensions, one of which concerns inheritance for transsexuals. In this writing, normative juridical research methods are used because this research examines library materials to find certainty about Minangkabau customs. In Indonesia itself, it still recognizes customs which are the inheritance of customs. As in Minangkabau custom, it is still motivated by the values and norms of the Islamic religion. It is known that the Islamic religion does not accept the existence of transsexuals, so Minangkabau customs also reject these transsexuals. This writing  to find out, explain and analyze transsexual inheritance in Minangkabau customs.

Vella Septia Renanda; Azzahra Sania Wahyu

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The Indonesian nation has very diverse tribes, cultures, languages ​​and religions because it has many islands. Each region certainly has its own traditions, customary laws and traditional communities and the Indonesian state recognizes the existence of customary laws within the community. The kinship system influences a rule in customary law. In Bali, the distribution of inheritance is based on a patrilineal kinship system, where in this system the son is the one who continues the family and is prominent. This research discusses the female inheritance system in Bali in Balinese customary law. We conducted research with the aim of exploring the position of female heirs in the traditional inheritance system in Bali and to find out and analyze the efforts made by female heirs to obtain inheritance rights. We use a research method, namely a qualitative approach, which means providing an explanation of the position of heirs in narrative form.

Ranti Furiya Adisti

In this era of globalization, many people do not want to be left behind in one of the developments in sophistication is that many people want to make comportable and more modern residential duildings in accordance wuth developments epoch, both in terms of building materials, as well as other equipment. In contrast to the people of Kuta Traditional Village in Ciamis Regency who continue to maintain its traditions, customs, and culture are still strong in people’s belief in their ancestors and clinging to the beliefs that are considered as the mandate of the ancestors. This study aims to find out how the traditional of building a house in Kuta Traditional Village knowing the rules in establishing a house in Kuta Traditional Village, as well as to find out why the traditional of building a house in Kuta Traditional Village is still carried out in the modernization era. This research is descriptive with qualitative methods, data collection is carried but by observation, interviews, literature studies and documentation. The results showed that until now the tradition of building a house in Kuta Traditional Village is still carried out by following the rules, rituals or existing traditions

Yusna Elfrida Br.Tambunan; Sulastri Krisdayanti Sinambela; Isnaniah Isnaniah; Joshua Hery Cristian Gultom

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Ulayat rights are the highest control rights of customary law communities covering all land as well as those included in certain regional environments. Customary law looks at societyas the best place to live together where people view their fellow human beings as common goals. This type of research is a type of library research.which relies on study and study of texts. This is done because of the data sources used is in the form of literature data. Customary rights are rights to land owned by the community customary law before the UUPA was created, which can be converted into land rights. Respect and protection of the legal community and its rights are protected nationally, especially in Article 3 UUPA and Article 18 of the 1945 Constitution were amended. The Position of Land in Customary Law In customary law, land has a very important position. In the development process Currently, it is very important for indigenous peoples to participate in development activities.The public has the right to provide verbal and written input in the preparation processor discussion of draft laws and plans for regional regulations.

Habib Indraswara; Tri Cahyanto

Jurnal Insan Pendidikan dan Sosial Humaniora 2023 International Forum of Researchers and Lecturers

The Sasamben Budak Bujang (Benjang) culture is a traditional arts tradition that combines art and martial arts, which developed in the people of the Ujungberung area of ​​Bandung City. This culture involves the use of plants in the implementation process. Information regarding the plants used in these traditional processes has not been widely reported. The aim of this research is to find out the types of plants used in the benjang tradition. Benjang art in the customs or culture of the Ujungberung people, East Bandung City, West Java Province, has a special position when compared with other arts. Benjang Gulat is the initial form of benjang art, over time the benjang art developed into three types, namely benjang helaran, benjang wrestling or gelut and benjang mask. Benjang Ujungberung has been known to many among the Ujungberung community since the end of the 19th century or the beginning of the 20th century, as a game played on an amben or bale which is called sasamben by some bujang, which means boys. In the special benjang event, various kinds of plants are used, such as bananas, coconut dawegan, seven kinds of flowers, brown sugar, granulated sugar, bitter coffee and cigarettes.