The Idea Of Customary Law Community Representation In The Regional Representative Council
| Author | Iwan Erar Joesoef |
| Position | Faculty of Law Universitas Pembangunan Nasional 'Veteran' Jakarta |
| Pages | 119-142 |
CUSTOMARY LAW COMMUNITY REPRESENTATIONS
119
The Idea of Customary Law Community Representations in
the Regional Representative Council
Iwan Erar Joesoef
Cite this article as:
Joesoef, I.E. (2020). The Idea of Customary Law Community Representation
in the Regional Representative Council. Unnes Law Journal, 6(1), 119-142.
https://doi.org/10.15294/ulj.v5i2.26984
TABLE OF CONTENTS
Abstract ……………………………………………………...
120
Introduction ………………………………………………….
121
Method ………………………………………………………
101
Indigenous Law Community as A Public Government
(Pseudo-Government) ……………………………………….
126
1. Modern Government …………………………………
126
2. Customary Law Communities as Pseudo Government
and Representatives …………………………………..
129
Representatives of Indigenous and Collective Interest
Communities in Democracy That Gives Balance of
Individual and Collective Interests ………………………….
135
1. Democracy as People’s Sovereignty ………………….
135
2. Democracy provides a balance between individual
interests and collective interests ………………………
136
Conclusion …………………………………………………..
138
References …………………………………………………...
139
UNNES LAW JOURNAL 6(1) 2020
120
The Idea of Customary Law
Community Representations in the
Regional Representative Council
Iwan Erar Joesoef
ABSTRACT. The Customary Law Community (Masyarakat Hukum Adat, MHA) as
part of the Customary Law System is recognized for its existence and its
implementation in the National Land Law (Hukum Tanah Nasional, HTN). In the
Explanation of the Basic Agrarian Law (UUPA) it is stated that the function of
Customary Law as the main source in the development of HTN, although such
recognition is accompanied by conditions as long as in reality they still exist and in
accordance with national and state interests. This paper analyses and examines the
problems of MHA in the concept of regional representative council. The problem
on this paper come up from various problems concerning to ulayat land and its
conflict between indigenous people and government. The research emphasized that
the main problem is the inequality of perception between the Executive, Judiciary
and Legislative institutions in the consistency of compensation payments resulting
in the re-claim of Tanah Ulayat (Adat), there is no basis for a multi-dimensional
approach (anthropology, sociology and others besides the juridical approach). This
means that the formal juridical approach alone does not achieve effective results.
The question is whether the constitutional MHA can have representation in the
Regional Representative Council (DPD) and what forms of democracy are
appropriate and can channel the aspirations of the MHA.
KEYWORDS. Indigenous People; Customary Land; Representative Council; MHA;
Ulayat Land; Democracy
To continue reading
Request your trial