Pembagian Harta Akibat Perebutan Antara Ahli Waris Ditinjau Dari Perspektif Hukum Adat Suku Sikka Krowe, Kecamatan Bola, Kabupaten Sikka
(Maria Marliana Nona Yeti, Sukardan Aloysius, Darius Mauritsius)
DOI : 10.62383/progres.v1i2.351
- Volume: 1,
Issue: 2,
Sitasi : 0 10-Jun-2024
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| Last.02-Aug-2025
Abstrak:
Inheritance is wealth which can be a collection of assets and liabilities from the heir which is transferred to the heirs. In inheritance law, a principle applies, namely that if an heir dies then by law his rights and obligations immediately pass to his heirs. The division of inherited assets can have legal impacts in society which occurred in the Sikka Krowe Tribe community, specifically in Klotong Hamlet, Bura Bekor Village, Bola District, Sikka Regency between disputed heirs. The problem formulation of this research is 1. What are the reasons for the struggle between heirs? 2. What is the process for resolving property disputes between heirs? And 3. How is the distribution of assets resulting from struggles between heirs viewed from the customary law of the Sikka Krowe tribe, Bola District, Sikka Regency? This research is empirical legal research. The data sources in this research are primary and secondary data sources. Data management and analysis techniques are editing, classification and description, then the data obtained, both primary and secondary data, will be processed and analyzed by researchers based on the problem formulation. Based on the research results, the reason why there is a struggle between heirs in inherited land disputes is that the family does not know the exact status of ownership of the inherited land and the factor of poor communication between the two parties. Settlement of disputes or disputes Done through utun omok (gathering to find a way out) includes: presenting family parties, deliberation or mediation (kula babong), decision making, settlement and returning decisions to the parties in dispute. Distribution of land inheritance using a patrilineal kinship system, namely distribution that is directly given to sons as the main heirs and gets more inheritance.
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2024 |
Implikasi Putusan Mahkamah Konstitusi Nomor 35/PUU-X/2012 terhadap Pengaturan Hutan Adat dan Dampaknya terhadap Hak Masyarakat Adat
(Paulus Pora Putra Fajar, Sukardan Aloysius, Husni Kusuma Dinata)
DOI : 10.51903/perkara.v2i2.1844
- Volume: 2,
Issue: 2,
Sitasi : 0 07-Apr-2024
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| Last.23-Jul-2025
Abstrak:
The Constitutional Court's decision confirms that customary forests are no longer state forests. This decision concerns two issues, namely, regarding customary forests and conditional recognition of the existence of indigenous communities. Legal issues, what are the implications of the Constitutional Court's decision on the regulation of customary forests and its impact on the rights of customary law communities. Aims to determine the implications of the Constitutional Court's decision on customary forest regulation and its impact on the rights of customary law communities. Types of normative research. Library study data collection techniques. The types of approaches are the statutory approach, contextual approach, historical approach, comparative approach and analytical approach. Using primary and secondary legal materials. Qualitative descriptive analysis. The research results show that Constitutional Court Decision has implications for forestry regulation in the form of creating implementing regulations governing customary forests that have developed significantly. The impact of the decision on customary law communities is, namely, the positive impact, customary law communities are recognized as owners of customary forests and the negative impact, the conditionality of recognition of the existence of customary law communities is increasingly strengthened.
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2024 |
Eksistensi Hukum Tanah Lingko Mbehal di Wilayah Administrasi Kecamatan Boleng Kabupaten Manggarai Barat
(Matilde Ayu Jehuru, Sukardan Aloysius, Petornius Damat)
DOI : 10.51903/perkara.v2i2.1842
- Volume: 2,
Issue: 2,
Sitasi : 0 06-Apr-2024
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| Last.23-Jul-2025
Abstrak:
The purpose of this research is to analyze the legal existence of Lingko Mbehal land in the administrative area of Boleng District, West Manggarai Regency. The type of research used by the author is empirical normative legal research. The sources of legal materials used in this research are primary and secondary legal materials. The method of processing legal materials through 3 (three) stages, namely editing, coding and systematization of data which is then analyzed descriptively qualitatively. Based on the results of the research, the structure of the mbehal customary functionaries now consists of: tua golo, tua gendang and tua batu The loss of tua pasa and penggawa is due to the fact that the lingko or customary land in mbehal has become private land or property rights. Due to the belief of the mbehal indigenous people, the existence of the lingko means that the tua pasa and penggawa also exist, because the duties of the two customary functionaries are closely related to land. the current implementation of the functions of the mbehal customary functionaries are: First, Tua Gendang functions as the head of the traditional house. Secondly, Tua Golo usually leads nempung or joint deliberations. Thirdly, Tua Pasa only functions when clearing land. Fourth, the penggawa is responsible for distributing the lingko to the community because Tua Pasa is only responsible for clearing the land. Finally, Tua Batu functions as the head of the family at the branch family level. The legal position of lingko mbehal land is: Firstly, the opening of lingko mbehal has several stages, namely nempung (deliberation), preparation for the division of the lingko (haju pasa and tuak bongko), implementation of the lingko lodok (teing hang/torok manuk, weri haju pasa and division of the lingko. Secondly, when planting, materials such as manuk sepang, manuk bakok and manuk welu are prepared. During the harvest season, the mbehal community calls it "uma randang dara wini latung". Thirdly, the Mbehal Lingko consists of two types of Lingko, namely religious Lingko and randang Lingko.
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2024 |
Kesadaran Hukum tentang Perkawinan Tungku Cu (Perkawinan Sedarah) di Kampung Timung, Desa Golo Cador Kecamatan Wae Ri’i, Kabupaten Manggarai
(Maria Febrianti Jesika Tanur, Sukardan Aloysius, Orpa Juliana Nubatonis)
DOI : 10.59581/jhsp-widyakarya.v2i2.2869
- Volume: 2,
Issue: 2,
Sitasi : 0 06-Mar-2024
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| Last.02-Aug-2025
Abstrak:
Furnace cu marriage is a marriage carried out between the daughter of a brother and the son of a biological sister. The marriage of the furnace cu has been carried out since ancient times so that it is carried out from generation to generation by the people of Timung Village. This marriage is an incestuous marriage prohibited in Law Number 1 of 1974 concerning Marriage in Article 8b. At the time the marriage law came into force in 1974, there were still those who carried out cu furnace marriages (inbreeding). The formulation of the problem from the research is: How is the legal awareness of the people of Kampung Timung, regarding furnace cu marriage (inbreeding) which is prohibited in Law Number 1 of 1974 concerning Marriage? And How is the existence of the furnace cu marriage in Timung Village at this time? The purpose of this study is to determine the legal awareness of the people of Timung Village regarding furnace cu marriage (inbreeding) which is prohibited in Law Number 1 of 1974. The second purpose is to find out the existence or existence of the cu furnace marriage in Timung Village at this time. The type of research used in this study is a type of empirical legal research. The data sources used in this study are primary data and secondary data. Data processing and analysis techniques, namely editing, coding, data systematization, then the data obtained both primary and secondary data will be processed and analyzed by researchers based on problem formulations. Based on the results of research that researchers have conducted, legal awareness of the Timung Village Community is still low because the Timung Village Community does not know and understand that cu furnace marriage (incestuous marriage) is prohibited in the Marriage Law, so that after the Marriage Law has come into effect in 1974 the Timung Village community still practices cu furnace marriage until 2005. The legal awareness of the Timung Village Community after the Marriage Law came into effect in 1974 against the ban on marriage was caused by several factors such as, customary factors, low level of education, compulsion due to arranged marriages by parents, lack of legal counseling from the government regarding the prohibition of marriage contained in Law Number 1 of 1974 concerning Marriage. The existence of furnace cu marriages at this time, is rarely found and has begun to fade, influenced by several factors such as bans from the church, fear that offspring will be born defective, the influence of social media.
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2024 |
Penyelesaian Sengketa Tanah Antar Warga oleh Pemerintah Desa di Desa Tainsala Kecamatan Insana Tengah Kabupaten Timor Tengah Utara
(Irene Lion Sanak Email, Sukardan Aloysiu, Darius Mauritsius)
DOI : 10.59581/jhsp-widyakarya.v2i1.1710
- Volume: 2,
Issue: 1,
Sitasi : 0 09-Nov-2023
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| Last.02-Aug-2025
Abstrak:
The objectives of this study are (1) To find out the factors that cause land disputes between residents in Tainsala Village (2) To find out the role of the Tainsala Village government in resolving land disputes between residents in Tainsala Village. The research method uses empirical research, namely data obtained directly from the field. This research uses empirical legal research, using a qualitative approach method, namely an approach based on the type of data and data analysis. The data used includes primary, secondary data, data collected through interviews, and non-participant observation. Also, using qualitative descriptive analysis, where the data is presented by describing the results of research on efforts to resolve land disputes between residents by the village government. The results showed: (1) Factors that cause land disputes between residents in Tainsala Village, due to unclear land ownership status, the influence of customary settlements (belis), the increasing needs of life and the high price of land and conflicts between sellers and buyers of land. (2) The role of the village government in resolving land disputes between residents in Tainsala Village, settlement by mediation, namely the village head as an arbiter in resolving disputes between two parties and settlement in a family manner, namely settlement carried out by peaceful means involving family elements from the parties to the case. The suggestions are: (1) The village government must provide direction to the community to clarify the land certificate. (2) The village government must make a statement letter if the settlement of land disputes is carried out in a family manner.
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2023 |