REVITALISASI PERADILAN ADAT PADA MASYARAKAT NGADA BERBASIS KEARIFAN LOKAL
Journal Title: YUSTISIA JURNAL HUKUM - Year 2015, Vol 4, Issue 2
Abstract
The aim of this study to develop conflict resolution options or alternatifve dispute resolution in the local-knowlegde perspective in woe community in Ngada. In the socio-cultural reality that local knowledge is plural. Diversity of local knowledge based on the local community cosmology. Conflict resolution is always directed towards harmony. With socio-legal approach was found that adat-land dispute resolution perspective on the local knowledge in Ngadhu- bhaga community oriented perspectives such. Dispute resolution pattern in the local knowledge perspectives begins in the family, if the conflict comes from inside relatives or clan. But, if the conflict is sourced from inter- community/relatives/clan, then the chairman of the indigenous, traditional elders, who called mosalaki consulted. Mosalaki role tailored to the competencies and their respective duties. The division of tasks/roles is done by itself, according to custom and personal awareness and recognized together. It is recommended that in the event of a conflict, especially indigenous lands, the functionaries traditional law, mosalaki given first before being taken to the formal justice institutions. If the decision of the mosalaki has been accepted and implemented, then taken to the legal system, the nebis in idem principles can be applied.
Authors and Affiliations
Dominikus Rato
Keywords
Related Articles
- EP ID EP423416
- DOI 10.20961/yustisia.v4i2.8652
- Views 109
- Downloads 0
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