The application of the principles of the convention on women in awig-awig pakraman village

This research aims to study the task of the village in Bali related pakraman by the ratification of the women's Convention into law Number 7 in 1984 about the passage of the Convention on the Elimination of all forms of discrimination against women. The community's customary law in Pakraman Village Bali is called based on the applicable local Bali province number: 3 years Pakraman Village of 2003. One of the tasks of the village Pakraman is making the rule of law (awig-awig). The enactment of related laws, the legal issues that arise: what are the principles of the Convention established the woman had already formulated in the awig – awig village pakraman? The legal issues observe by using the normative legal method by relying on legal materials and material non-law. Also, problems also assessed by the theory of legal pluralism of Sally Falk Moore, i.e., Semi-autonomous social field theory.Based on search results and study materials of the law, in this case, some awig-awig Pakraman village, results or findings indicate that women's Convention established the principles namely equality and justice between men and women has not yet been applied awig-awig in the pakraman village. So, based on the theory of legal pluralism is examined from Sally Falk Moore, where local laws (awig-awig) turned out to be stronger regarding State law are dealt face. The things which can know from the provisions of article (pawos) from some awig-awig who examined it turns out women's Convention principles, namely equality and justice between men and women has not yet applied in the awig – awig pakraman village. That means that the discriminative customary law was still so strong so the benchmark in the Association life pakraman. So, in conclusion, the principles of the Convention on women has not been applied in the awig – awig pakraman village, so that still reflect discriminatory against women.This research needs to be continued with empirical legal research to find out why the principles of the Convention on women has not applied to the awig – awig pakraman villag

THE POSITION OF DAUGHTERS IN BALINESE CUSTOMARY INHERITANCE SYSTEM FROM GENDER EQUALITY PERSPECTIVE

The equality of men and women in the inheritance system is a concern in the development of Balinese customary law. Basically, Balinese indigenous people adhere to a patrilineal kinship system. As a consequence, the line is drawn from the father and the heirs are only boys, while girls can only enjoy the assets of their parents as long as they are not married. This condition certainly reduces women's access to economic rights. Whereas, the economic control is very important in life. In this research, two issues are discussed, namely the inheritance system according to Balinese customary law and the struggle for gender equality through the position of women as heirs. Decree of the Pesamuhan Agung Majelis Utama Desa Pakraman Bali Number 01 / KEP / PSM-3 / MDP Bali / X / 2010, dated October 15, 2010 provides opportunities for girls to become heirs with limited provisions. Even so, the position of women as heirs in Balinese customary law is still difficult to be implemented. This is due to a very strong patriarchal culture that places men in higher power relations.

The Role of Adat Institution In The Settlement of Criminal Cases Through Restorative Justice In West Sumatera

The process and mechanism for settling criminal cases always progresses from time to time. One of the mechanisms for settling criminal cases in today's modern era is settlement through Restorative Justice. Although initially, its application was more informal and limited, this concept has developed and has become part of the Criminal Justice System. Settlement mechanisms that involve many related parties and are oriented towards the repair or restoration of various parties affected by a crime are seen as more capable of providing justice. One of the parties involved in the Restorative Justice process besides the perpetrator and the victim is the community. Within the scope of Adat peoples (Masyarakat Adat), community involvement is represented by Adat institutions through Adat leaders. This research examines the role of Lembaga Adat (adat institution).  in resolving cases through Restorative Justice in West Sumatra. The research uses empirical legal research methods, namely by collecting data either through law enforcement agencies or customary institutions. The results of the research were analyzed by juridical qualitative. The results of the research show that in West Sumatra the settlement of criminal cases through restorative justice has involved Adata institutions represented by Adat leaders. Community involvement is formed through a memorandum of understanding between law enforcement agencies, in this case, the police and prosecutors institution, and involves Adat institutions in the implementation process. In the future, the involvement of Adata institutions in the settlement of criminal cases, especially through restorative justice, needs to be optimized, because the justice obtained will be more in line with the feelings of justice in society

Adat and Indigeneity in Indonesia - Culture and Entitlements between Heteronomy and Self-Ascription

A number of UN conventions and declarations (on the Rights of Indigenous Peoples, the Protection and Promotion of the Diversity of Cultural Expressions and the World Heritage Conventions) can be understood as instruments of international governance to promote democracy and social justice worldwide. In Indonesia (as in many other countries), these international agreements have encouraged the self-assertion of communities that had been oppressed and deprived of their land, especially during the New Order regime (1966-1998). More than 2,000 communities in Indonesia who define themselves as masyarakat adat or “indigenous peoples” had already joined the Indigenous Peoples’ Alliance of the Archipelago” (AMAN) by 2013. In their efforts to gain recognition and selfdetermination, these communities are supported by international donors and international as well as national NGOs by means of development programmes. In the definition of masyarakat adat, “culture” or adat plays an important role in the communities’ self-definition. Based on particular characteristics of their adat, the asset of their culture, they try to distinguish themselves from others in order to substantiate their claims for the restitution of their traditional rights and property (namely land and other natural resources) from the state. The authors of this volume investigate how differently structured communities - socially, politically and religiously - and associations reposition themselves vis-à-vis others, especially the state, not only by drawing on adat for achieving particular goals, but also dignity and a better future

Balinese Ways of Knowing: A case study of Pejarakan Village

This study investigated Balinese ways of knowing, locating where they were found, their modes of transmission within the community, and the role schooling played in this transmission. Through this inquiry, the research interrogated the construction of identity in a Balinese village and the relationship of identity to indigeneity in Bali. Undertaking a praxis of decoloniality by adopting indigenous methodologies to center Balinese voices is key to producing research about Indigenous people. Adopting indigenous methodologies helped uncover Balinese practices that were crucial in the active construction of Balinese identity in Pejarakan Village. The researcher interviewed Elders in a Balinese village and supplemented their testimonies with digital multimodal artifacts. Balinese ways of knowing were found in practices within the village adat community, through testimonies of elders who were knowledge keepers of religious practices, healing traditions, performing arts, and village governance institutions of the adat and the subak. Every type of knowledge existed within a smaller community of practice within the village adat community. The village adat community was the Indigenous community of practice where these ways of knowing were found both in practices and textual traditions. People in Pejarakan Village constructed their Balinese identity by enacting Indigenous practices, which have evolved as a form of resistance to survival events and external forces of change. Including religion in schooling and community practices was critical for constructing identity and indigeneity. The revival of the Balinese language also played a critical role in articulating indigeneity. Through a local, regional, and national analysis of indigeneity, it was evident that the Balinese had moved towards emergent Indigeneity and were actively seeking self-determination. The inclusion of Balinese ways of knowing within education research creates methodological diversity by including indigenous methodologies to create testimonial and epistemic justice for people from the non-Western worlds. Like those from Bali, indigenous ways of knowing offer critical pathways an opportunity to learn about language, religion, schooling, sustainability of nature, and the community. The inclusion of Balinese ways of knowing within an ongoing Indigenous knowledge generation within the academy contributes to epistemic diversity

Reciprocating with Ibu Pretiwi : social organisation and the importance of plants, land and the ancestors in Nusa Penida

Between Bali and Lombok lies a small archipelago of three limestone islands. The largest of these islands, known as Nusa Penida has been considered by former Balinese scholars to preserve characteristic aspects of the old Balinese social organisation. This study, which is based upon long fieldwork conducted in the village of Sakti, discusses the social organisation of Nusa Penida and the importance land and plants have in the life of its inhabitants. The work begins with an examination of the historical data concerning the division of the island into two parts, and with an evaluation of the role the paramount temples of Pura Penataran Ped and Pura Batu Medau have in the present social organisation of Nusa Penida. Further analysis addresses the traditional definitions of desa and banjar, their significance in contemporary Nusa Penida, and investigates the role played in the banjar life by the jero, jaba and prabali groups. The function of origin groups (dadia), and the importance of reciprocity in the banjar life is also considered. From this perspective, I have argued that the distinctiveness of the island should not be defined by simple references to old Balinese customs and social organisation, but should be considered in terms of similarities with both the area of Bali between the plains and the mountains and with eastern Indonesian societies. An analysis of the role of land, plants, spirits and ancestors develops ideas of the interconnections between human beings and the world of flora. In this context the significance of the rituals for clearing the forest is explored, the association between human and natural fertility, and the importance of spirits inhabiting the land that may be directly, or indirectly, associated with the uncremated ancestors. The presentation of floral folk classificatory notions provides the framework for the exposition of some key Balinese categories, while an investigation of the concept of 'botanic idiom' outlines the significance of the metaphorical and practical links between plants and society in Nusa Penida. A discussion of the cycle of reciprocity that binds together land, human beings, plants and gods provides the opportunity to argue the interdependence of all these elements and the centrality of reciprocity between humans, plants and earth in the material and spiritual reproduction of this society. The link between humans and flora is further developed through the presentation of a set of examples concerning the most important plants and cereals grown in Nusa Penida, their ethnobotany and ethnographic significance. In this context, among others, the coconut, banana, bamboo and maize, have been examined. In each case a discussion of the symbolism associated with the plants and their ritual use is offered. Particularly significant is the analysis of the maize agricultural and ritual cycle. While it diverges from the emphasis placed on rice in the Balinese area, this analysis brings together practical, social and religious issues characteristic of Nusa Penida. Finally, I have argued for the presence of a set of patterns that may account for the way plants are thought about and used in this society

Law and Justice in a Globalized World

The book consists of a selection of papers presented at the Asia-Pacific Research Conference on Social Sciences and Humanities. It contains essays on current legal issues in law and justice, and their role and transformation in a globalizing world. Topics covered include human rights, criminal law, law of the sea, good governance, democracy, foreign investment, and regional integration. The conference focused on Asia and the Pacific, two regions where law has taken an important position in creating and shaping the regional integrations, new legal institutions, and norms. This reconfirms the idea that the legal system is extremely important in the global world. This book provides new insights and new horizons on how law and justice took part in globalizing human interaction, especially in the Asia-Pacific region

The Local community as a stakeholder group and its participation in UNESCO's World Heritage nomination process: Jatiluwih Village, Bali, Indonesia.

This study examines the theoretical and practical justifications of local community participation as a stakeholder group in the nomination of a World Heritage Site in Jatiluwih Village, Bali, Indonesia. The study adds to current knowledge by contributing an in-depth understanding of local community participation in the nomination process of a World Heritage Sites. The background for this study is based on the increasingly important involvement of the community in the process of the identification of potential sites and the nomination of proposed sites since some designations and nominations of World Heritage Sites have sparked tensions and protests to the detriment of the sites concerned. These tensions and protests occurred because those sites were designated without free, prior and informed consent from the local communities who live in the designated/nominated area. There is, therefore, a need to investigate the ways in which the local community as a stakeholder participates in the nomination process of a World Heritage Site and how they also participate in the decision-making processin the local context. In order to meet the aim of this research, a qualitative case study methodology was deployed which prioritises interviews conducted with the local community in Jatiluwih Village. To further enhance this study, various data collection methods such as field observations and documentations (news clippings, photos, blog, and minutes of meetings) were conducted in addition to the interviews conducted. Forty-six semi-structured interviews were carried out with the local community as stakeholder in Jatiluwih Village between May to August 2012 and another twelve interviews were conducted from stakeholders such as private sectors, public sectors and NGOs. Both sets of interviews with the local community and other stakeholders (public/private sectors and NGO) were analysed by using content analysis. Three themes (participation; participation in World Heritage; and Jatiluwih and tourism; and nine sub themes (meetings; government initiated programmes; religious participation; awareness of World Heritage status the dissemination of information on the nomination process; hopes and concerns on the label; threat for the status in the future; about Jatiluwih; and local community’s perception on tourism) were identified with the interviews conducted with the local community as a stakeholder group. From other stakeholders such as NGOs, private and public sectors, two themes (first dossier and second dossier) and eight sub themes (first dossier; inexperience; lobbying; roles of international expert; roles of NGO; roles of volunteers; roles of governing assembly; and the lack of enthusiasm of the government) were identified to represent the process of the nomination and the creation of the dossier. The majority of World Heritage research to date has taken place within a post-inscription context, which unavoidably limits the scope for understanding the whole process of World Heritage Site designation, especially with regard to how the site is designated and the role of local people who live in the proposed site. This study, therefore, contributes by investigating the local community participation as stakeholder during the nomination process of a World Heritage Site. By examining local community participation therefore it can identify their types of participation and barriers to participation in the process of nomination. Moreover, by exploring the local community participation and their views during this stage, it provides the opportunity to identify their potential roles after the site is being designated. The implications of this study relate to the need for a more proactive approach to the identification of the local community as a worthy participant in the nomination process that builds from an understanding of cultural, political and economic features. In addition, World Heritage practitioners and academics need to understand and identify the fundamental underlay of local community participation in the process of nomination. In the future, it is thus hoped that local communities will be engaged and empowered to participate in the process of nomination with them possessing heightened levels of awareness about the importance of their involvement in the identification and nomination of their sites as World Heritage

Hindu class and Hindu education system in Bali : Emergence, organization, and conception in the context of Indonesian educational and religious policies

The present study focuses on specific aspects in the organization of teaching religion in Indonesia. It analyses the position of religion within the Indonesian Basic Law, consequential legislation, and educational policies. How does this framework translate into national and regional policies pertaining to the emergence, institutionalization, and organization of the Hindu class and the Hindu education system in Bali from 1945 to 2008? Muslim majority Indonesia constitutes an interesting laboratory for doing fundamental research on religious plurality and transformations of religion. The model of organizing the religion class in Indonesia is rooted in a specific historical, socio-cultural, political, and legal context, which is fundamentally different to European models of religious education. In addition, in contrast to classical Islam and modern Islamic states, Indonesia recognizes Asian religions as equal in status with the religions of the book. Besides Islam and Christianity, Hindu Dharma and Buddhism were recognized as state funded religions in 1965. This recognition had important consequences for the Indonesian model of organizing five confessional religion classes and faith-based education systems. The Balinese are a rare case of a religious and ethnic minority being simultaneously an ethnic and religious majority. Therefore, the Balinese provide an outstanding case to analyze how Indonesia’s religious and educational policies do deal with that particular ethnic and religious minority. In addition, how do the Balinese themselves use the constitutional and legal framework to establish the Hindu religion class in public schools and a private Hindu education system from the level of pre-school to higher education? A qualitative examination was conducted basing on a combination of theoretical and empirical investigations. The province of Bali and three educational institutions were chosen, because the Balinese were the reformers of Indonesian Hindu Dharma and the inventors of the Hindu education system. As the study focuses on constitutional and legal contexts of the Hindu class and the Hindu education system, teachers’ professional education, and composition of curricula and textbooks, a qualitative approach was applied combining ethnographic fieldwork and case study research. In consequence, the subject positions the study in the academic disciplines of Religious Studies and Area Studies. Data were collected through bibliographical surveys and fieldwork. The amended 1945 Basic Law and consequential legislation give the same right to state sanctioned religions. The state is based on “One Supreme Lordship” prescribing national monotheism or monism. Indonesia’s spirited statehood is based on a religious, but not confessional interpretation. In addition, the strategy to manage religious plurality is authoritarian, as positive freedom of religion is limited to six state-funded religions, whereas negative religious freedom is not provided for. Despite the equal status of the six state funded religions, discriminative practices prevail with regard to funding those Asian religions. Notwithstanding, the Muslim majority Pancasila state can serve a model function for countries with illiberal politics in the Muslim world. The first objective of strategic and educational policies is to mould a citizen who has faith in God, follows the commands of God, and has morals. The dimension of spiritual intelligence in education is a particular Indonesian dimension of education, which Indonesian educational planners added to the UNESCO standards of student-centered learning throughout life. Indonesia organizes the religion class and faith-based education systems in a confessional but pluralistic style. The citizens are required to attend the religious class in the religion they adhere to instructed by a teacher of the same belief from elementary to higher education. In addition, the religious mark is a compulsory item in the school report, and whether a pupil/student stays back or is promoted to the next level depends, amongst other factors, on how the religion teacher grades the student. Unlike the Muslim or Christian based education systems, the Hindu education system is still marginal and minuscule. Its funding is discriminative. Funding and expansion are linked to national policies, and the personal networks of Hindu agents are given the mandate to organize the Hindu administration and education system