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Maisyaroh Maisyaroh; Nur Aida; Widya Sari

Jurnal Ilmu Pendidikan, Bahasa, Sastra dan Budaya 2024 Asosiasi Periset Bahasa Sastra Indonesia

The pre-wedding procession in Mandailing tradition is a tradition that is still carried out today. Mandailing customary law regulates forms of marriage that reflect the community's kinship, cultural and religious values. Traditional weddings involve Dalihan Na Tolu—mora, kahanggi, and anak boru—as the core of the traditional procession. The wedding ceremony begins with a traditional meeting called makkobar or markkatai, where unique and formal greetings are used. Post-wedding processions such as marulahari, mangupa-upa and so on, all of this cannot be separated from the customs that are still inherent in Mandailing customs. All Mandailing traditional practices cannot be separated from the role of dalihan na tolu, especially in matters of marriage. This research uses a literature study method by analyzing traditional documents and related literature. The results show that Mandailing customs not only reflect cultural identity, but also strengthen social harmony and are able to adapt to changing times.

Maisyaroh Maisyaroh; Nur Aida; Widya Sari

Jurnal Ilmu Pendidikan, Bahasa, Sastra dan Budaya 2024 Asosiasi Periset Bahasa Sastra Indonesia

The pre-wedding procession in Mandailing tradition is a tradition that is still carried out today. Mandailing customary law regulates forms of marriage that reflect the community's kinship, cultural and religious values. Traditional weddings involve Dalihan Na Tolu—mora, kahanggi, and anak boru—as the core of the traditional procession. The wedding ceremony begins with a traditional meeting called makkobar or markkatai, where unique and formal greetings are used. Post-wedding processions such as marulahari, mangupa-upa and so on, all of this cannot be separated from the customs that are still inherent in Mandailing customs. All Mandailing traditional practices cannot be separated from the role of dalihan na tolu, especially in matters of marriage. This research uses a literature study method by analyzing traditional documents and related literature. The results show that Mandailing customs not only reflect cultural identity, but also strengthen social harmony and are able to adapt to changing times.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Suci Wibowo; Annisa Ulfarisah; Mutya Suha Nugroho

Jurnal Ilmu Sosial, Bahasa dan Pendidikan 2024 Pusat Riset dan Inovasi Nasional

This research discusses Pancasila values ​​in the formation of customary law through philosophical and sociological approaches. Pancasila as the basis of the state has an influence in the formation of national law, but its relationship with customary law, traditions and local norms requires further adjustments. This philosophical approach emphasizes the values ​​of Pancasila, such as Belief in One Almighty God, Just and Civilized Humanity, and Social Justice. This is different from sociological research that examines the response of indigenous communities to the function of Pancasila and the dynamics of social adaptation that occur. This research also provides scientific participation in understanding between national and local legal systems, and also provides a basis for legal policy regarding the dynamics of Indonesian socio-culture.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Madeeha Yumna Abdulloh; Zulfah Nurul Salsabila; Lathifa Siti Rahmani

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

This article discusses the relationship between Pancasila as the state ideology and constitutional law in Indonesia, particularly in the context of the recognition and protection of customary law. Using a normative juridical research method, the study examines the relevance of Pancasila in shaping the legal foundation and state policies that support the sustainability of customary law. The study also highlights the constitutional implications in providing formal recognition of the existence of customary law and the efforts to protect the rights of indigenous communities in Indonesia.The research findings indicate that Pancasila, as the state ideology, plays a crucial role in guiding constitutional law to protect local wisdom and cultural diversity, including in matters of customary law. Although the recognition of customary law has been accommodated within the constitution, its implementation still faces various challenges, particularly related to conflicts between customary law and national law. Therefore, synergy between Pancasila and constitutional law is needed to strengthen the protection of customary law within the framework of the Indonesian legal system.

Ashfiya Nur Atqiya; Ahmad Muhamad Musain Nasoha; Laila Alfiani Eka Safira; Azzahra Meisya Rahmadani; Zidni Aulia Rohmah

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The role of Pancasila as a source of law within the adat (customary law) system in Indonesia involves analyzing its alignment and contemporary challenges. Pancasila, as the state ideology, serves as a fundamental guide for the formulation and application of laws throughout Indonesia. However, integrating Pancasila's values into the diverse adat legal systems presents significant challenges regarding both value alignment and practical application. This study uses qualitative analysis with a case study approach to evaluate how Pancasila’s principles are implemented in adat law and assess how well these values align with existing adat norms. Findings indicate that despite efforts to reconcile Pancasila with adat law, there are several obstacles, including differences in value interpretation, resistance from indigenous communities, and difficulties in harmonizing national and adat laws. The article concludes that a more dialogic and inclusive approach is needed to align Pancasila with adat law and recommends policy reforms and enhanced understanding of Pancasila's values at the local level to ensure fair and sustainable legal enforcement.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Lukluil Maxnuun; Fatimah Nur Laily; Muthiah Prima Zahra

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Pancasila, as the foundation of the Indonesian state, plays a crucial role in the formation of law, including customary law. This research focuses on how Pancasila’s values serve as a basis for the recognition and development of customary law, which is still acknowledged within the national legal system. The urgency of this study lies in finding a common ground between national law and customary law to strengthen a just rule of law. The research method used is a normative approach, analyzing legislation and legal literature. The results indicate that Pancasila can function as a foundation for harmonizing customary law and national law, thus reinforcing Indonesia’s plural legal identity. The conclusion is that Pancasila, as the state’s foundational philosophy, provides space for the existence of customary law, as long as it aligns with the core values of Pancasila.  

Maria Penaten Peran; Karolus Kopong Meda; Andrianus Djara Dima

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

One of the traditional cultures that is currently still practiced by the Adonara community is the fight war. The story of the battle war in the Adonara Area, East Flores Regency, is the battle between Lewobunga Village and Lewonara Village. This rivalry war was triggered by the ownership of customary land rights between Lewobunga Village and Lewonara Village, where the Lewobunga Village Community inaugurated Riangbunga Hamlet Lewobunga Village heard the inauguration the Lewonara Village people did not agree and began to carry out their act of disacceptance by attacking the Lewobunga Village community. So there was a prolonged war and conflict that caused many casualties. This study found several things: (1) The factors that cause the occurrence of murder cases due to customary land disputes are: unclear land boundaries, differences in historical narratives, lack of recognition of land ownership, war revenge and lack of attention from the local government. (2) Settlement efforts carried out by traditional leaders by gathering the entire community and inviting traditional leaders in neighboring villages in the Kiwangona area to perform the traditional ritual of bau lolon to pray that the fight war will not be repeated by declaring the reket kame lo'oko (weapons of war are released) with this statement the community expresses their hearts by declaring that the war will stop or there will be no more wars and this traditional ritual is sacred.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Nabella Indah Rismawati; Dewi Rahmawati Yundha Saputri; Arfian Nisa Urrofi'ah

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Customary law reform in Indonesia in the context of globalization raises significant challenges and opportunities. The values of Pancasila, as the ideological foundation of the nation, play an important role in ensuring that customary law reform remains relevant, fair and rooted in local culture. Globalization encourages the modernization and homogenization of the legal system, which often contradicts the principles of customary law based on local wisdom. This article examines how Pancasila values, such as humanity, social justice, unity, and deliberation, can be integrated in the process of customary law reform to remain relevant amid global dynamics. This research uses a qualitative approach with the methods of literature study, interviews, and document analysis. Literature study was conducted to understand the theoretical context of customary law reform and Pancasila values, while interviews were conducted with legal experts, academics, and traditional leaders to obtain empirical perspectives on challenges and opportunities in customary law reform. Document analysis was conducted on policies and regulations relating to customary law and the implementation of Pancasila values in Indonesia. The results show that customary law reform based on Pancasila has great potential to deliver a legal system that is more inclusive and responsive to the needs of local communities. Key challenges identified include difficulties in harmonizing customary law with national and international law and homogenizing pressures from global standards. However, opportunities are also found in the ability of updated customary law to provide more culturally and locally relevant dispute resolution alternatives. The integration of Pancasila values is believed to strengthen the position of customary law within national and global legal frameworks.ract

Anugrah Septrianta Sitepu; Jefrizal Shadli Karo-Karo; Rosmalinda Rosmalinda

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Inheritance law is a law that regulates the transfer of assets left by a deceased person and its consequences for his heirs. Inheritance law is one element of customary law in Indonesia. The patrilineal principle, in which inheritance prioritizes the male lineage, is upheld in Batak inheritance law. According to Batak customary law, men and women are treated differently. The type of research is normative juridical. The data source is a secondary data source. The nature of the research is descriptive analytical. Data collection techniques are literature studies and document studies. Data analysis uses a qualitative approach method. The purpose of this study is to determine the influence of the Batak customary law system as a source of inheritance law in Indonesia, and to determine the implementation of Batak customary law on inheritance law in Indonesia. The inheritance system in Batak society adheres to the Patrilineal Principle. In this principle, the position and influence of men in Batak customary inheritance law are very strong. According to civil law, inheritance is defined as a set of legal provisions that regulate the general legal consequences in the field of property law arising from a person's death. Based on this theory, it can be concluded that the position of Batak boys and girls in the inheritance distribution system and the application of customary law in the distribution of inheritance for boys and girls is in harmony. The Batak Toba customary inheritance law is the basis for the distribution of inheritance in its unique society. Its teachings that include inheritance flowing through the male line are cassation and dakdanak. According to the Batak Toba inheritance law, this uniqueness gives the status of first heir to the eldest son of the family, thus giving him his own identity. The customary inheritance law system in Indonesia generally tends to follow positive legal norms, although the principle of dakdanak emphasizes more on justice in the distribution of inheritance. However, when the legislation on Batak Toba customary inheritance is included in the framework of affirmative legislation, the situation becomes complicated. The principles of positive law that respect women's inheritance rights, especially those related to inheritance of movable property, conflict with the Batak Toba customary law system which automatically inherits property to sons from the paternal line. Positive law attempts to take this understanding into account, but there are still potential problems due to the fundamental differences between the two legal systems that must be resolved.

Made Dwiko Dentista Putra; I Ketut Sudantra

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study intended findout the existence of common law in national legal politics and to figure out more efforts that were done by the government and non-government so that common law and national l egal politics run in balance. This study made use of normative legal research with legislation and a comparative approach method. The results of the study indicated that common law does have different characters from national law, where national law has written characters in laws and regulations systematically and rigidly. Common law existence is recognized in national legal politics at the macro legal political level. In macro legal politics, recognition of common law community units and their traditional rights have been enshrined in the constitution, through Pasal 18B ayat (2) UUDNRI 1945. As is well known, common law communities are the bearers of common law.

Yudhi Novriansyah; Khairun A Roni; Supriyati Supriyati; Darham Darham; Herawati Herawati

Publikasi Hasil Pengabdian dan Kegiatan Masyarakat 2024 Asosiasi Periset Bahasa Sastra Indonesia

In order to increase understanding of the millennial generation and as a forum for preserving Jambi Malay cultural values, the Working Group for the Study of Socio-Economic and Cultural Issues at the Research and Community Service Institute (LPPM) of Muara Bungo University in collaboration with the Association of Indonesian Muslim Intellectuals (ICMI) Bungo Regional Organization held a Seminar and Discussion with the theme Reviving Malay Cultural Traditions and Customary Laws to Realize Social Piety Among Millennials. This activity involved elements of the Student Executive Board (BEM) organization and all Faculty of Economics students participating in UMB and Regional Insight courses. It is hoped that from the implementation of this seminar the millenial’s generation will have an understanding of being heirs to the nation's cultural wealth. Participants will be able to understand the customary laws and dress code of Malay people and the processions and attire of Malay brides.

Dorkas Inya Karere; Simplexius Asa; A. Resopijani

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Arrest Marriage is a marriage process that is carried out by force, Capture Marriage is carried out by kidnapping the bride, kidnapped to become a wife.  The captive marriages that are taking place now are not the custom of Southwest Sumba, especially the Kodi area.  Based on the results of research in Limbu Kembe Village, (1) What is the philosophy of the practice of catch marriage according to customary law in force in Southwest Sumba?  (2) What is the process for resolving the practice of catch marriage according to customary law in force in Southwest Sumba? The research method used in this research is normative research, namely research that is based on applicable legal regulations by examining various applicable laws and regulations related to the problem under study. Based on the results of the research and discussion, it can be concluded that the current practice of captive marriage is not the tradition/culture of Southwest Sumba, especially the Kodi area, but rather the practice of captive marriage which has developed by hiding behind cultural claims in order to avoid legal action.  

Haidar Danendra Febrian Ar Rafi; Khanza Aoera Dievana; Dimas Herdian Nugrahimsyah; Sandrina Rahma Nurvita; Fadhilah Dzakwan Syarif

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Local wisdom is considered as part of the culture and identity of indigenous peoples, which contains values, norms, ethics, beliefs, customs and traditions developed through social and cultural interactions. This research focuses on one of the traditions in Indonesia, namely the larung offering ceremony. Larung offerings is a religious ritual as a form of gratitude to God. In this research, it was found that the Javanese Blitar indigenous people still maintain the tradition of larung offerings as part of their culture and beliefs. The research method used is a literature study by collecting data from written sources. The purpose of writing this article is to find out the existence of the Blitar Javanese traditional community carrying out offerings and how customary and Islamic law influences this process.

Lydyana Trisnaeni Martin; Nur Aulia Lathifah; Eka Era Nurtanti; Kheisa Rahma Adhadina; Savira Eka Kusumawati

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Juridically in the context of Indonesian law, there are two perspectives that can be used to discuss the need for LGBT legal regulations, namely the customary law perspective and the Islamic law perspective. Lesbian, Gay, Bisexual and Transgender (LGBT) groups in Indonesia have received significant attention. This research uses normative legal research techniques as its methodology. This research further examines the need for clear legal regulations regarding LGBT. Considering the fact that Indonesia is a legal country where people respect each other's customs and religious beliefs, it can be said that the legalization of LGBT people is not justified. Thus, it is hoped that this research can answer problems that are of concern to the Indonesian people. As well as, it can open insight that legal regulations regarding LGBT in Indonesia are very necessary to achieve benefits, certainty and legal justice.