REVITALIZATION OF THE MODEL OF LAND TENURE MANAGEMENT ACCORDING TO THE ADAT LAW OF THE DAYAK AOHENG TRIBE BASED ON JUSTICE VALUEJournal: International Journal of Advanced Research (Vol.8, No. 02)
Publication Date: 2020-02-18
Authors : Komela Avan Gunarto; Sri Endah Wahyuningsih;
Page : 1357-1364
Keywords : Revitalization Land Tenure Aoheng Dayak Tribe Justice Value;
The procedure for obtaining land tenure rights under the customary law of the Dayak Aoheng tribe, a tribe that existed before the country named Indonesia, was different from national law. This raises a polemic in its enforcement in this case, the writer felt that it was interesting to study the Aoheng Dayak tribe so it is in accordance with the value of justice. The study was done using the constructivism paradigm and the type of research is a qualitative study with a socio-legal approach.Research shows that the way to maintain customary land according to customary law is done in several ways. First, by planting long-life fruit trees on certain parts of land that has been cleared. Second, by periodically according to the cycle of land succession landed again on the land. The thing that determines whether a person has the right to return to open a field where someone has been farming is the existence of Lepuun (Village Garden) on the land. It is in this context that farming practices are called shifting cultivation. This practice is certainly not the same as the national law adopted in Indonesia. this encourages the need to revitalize the spirit of customary law enforcement in national law because the State has the obligation to regulate in full and authoritative what is mandated in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia which states that "the State recognizes and respects unity-the customary law community unit and its traditional rights as long as it is alive and in accordance with the development of the community and the principles of the Unitary Republic of Indonesia, which is regulated in law. " The recognition and respect must be regulated in a law that is mandated by the constitution. Herein lies the most authoritative novelty power of this research. The de facto reality of governance practices of tenure rights under customary law in the Dayak Aoheng tribal customary law community based on the value of justice reviewed and discussed in this study becomes empirical facts for normative and empirical recognition for indigenous and tribal peoples in the Unitary State of the Republic of Indonesia as State of law (Rechtsstaat).
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