Givu as Criminal Sanctions Tau Taa Wana Indigenous People and its Relevance to The National Criminal Justice Reform

Givu are implemented in traditional law society Tau Taa Wana is customary reaction in order to create balance and harmony between the living world and the unseen world, between human groups and individuals, as well as the fellowship (community) and society at large. Givu is a nature of mind of the basis traditional and customary law community legal awareness Tau Taa Wana. Such ceremonies clean village (village) with the aim to restore balance and perceived disruptive magical powers such rituals in the criminal justice system palampa customary Tau Taa Wana. The basic ideas of the customary criminal sanctions have not been studied in depth and accommodated to the maximum in the national legislation. Indigenous groups implement criminal sanctions customary law is not merely to uphold the image of the customary criminal law and maintain social harmony, but also to show, that the indigenous peoples still exist with cultural pluralism, in particular legal pluralism. Keywords : Customary Law, Indigenous People, Givu, Tau Taa Wana, the National Criminal Justice Reform.

Dynamics Of Legal Recognition In Indigenous Peoples Under Law Of Forestry Construction

Political developments and the struggle of indigenous peoples and indigenous as well as supporters in the national and international levels, created the ILO Convention No. 169 commonly known as the "Convention on Indigenous People Right", namely the convention on indigenous peoples and indigenous people in independent countries. The Convention was approved by 328 countries, one State against and 49 countries abstained, which underlines the implementation of human rights in general for the community customary law, also establishes the right to determine the identity, as well as determining the appropriate education of their values. They are entitled to decide the shape and development priorities, including the right to refuse development. ILO Convention 169 states customary law communities have the right to land and natural resources. Recognition of indigenous peoples, especially the juridical recognition is inseparable from the political dynamic, both in the context of national politics, cultural and political development in general. Therefore, some rules legislation issued sometimes showing obscurity recognition, or even to the efforts denial to the existence of indigenous peoples. State law and local law is the legal system that in reality there is. The state does have the right to make the adjustment to its citizens, but it does not mean that the existing legal system in the community should be replaced in its entirety by the legal system of the country. Especially when you consider that the law is the identity of a community. The placement of state law as the law is the most correct, the implications are not given the place for another law in state law. Even if the existence of other laws recognized, but still was placed on a view that inferior when compared with the laws that come from the state. Therefore, a state law that paradicmatic positivism does not see legal pluralism as a necessity and not be used as the main ideology. Keywords: customary law community, recognition, forestry law, legal pluralis

A Socio-Legal Analysis of the Control Function of Parliament in the Regulation Implementation

UU NRI 1945 as constitution of the Republic Indonesia should be the basic source of power in order to carry out national development focused on providing an interests, kindness, and general well-being, where there is a division of powers which consists of the legislative, executive, a nd judicial. The Constitution as the source of power, not only has the legal authority and the highest authority, but also should be the basis and foundation of statehood. The Constitution of the Republic of Indonesia contains basic norms in Article 1 Paragraph (2) NRI 1945 Constitution affirms the sovereignty vested in the people and implemented through legislation. To realize the goal of interest, kindness and prosperity for the citizens of Indonesia is the supreme sovereignty vested in the people. Parliament as a representative institution of the people in the region have an important role in governance, that capable of reflecting the values ​​of democracy also can absorb and promote the aspirations of the people including the interests of the region in accordance with the demands of the life of the nation. The Monitoring is one of the main functions that attached to the Dewan Pemerintah Daerah (DPRD) in addition to the functions of legislation and the budget. Should, aspirations of the people in the areas of supervision, institutionally represented through their elected representatives in Parliament. This supervision function is expected to become effective in accordance societal expectations, regulations and legislation in demand. DPRD monitoring aims to ensure that the regional government run the program in accordance with the plans and the statutory provisions. Supervision should constitute one of the most intensive functions that can be performed by the Institute Council. Supervisory functions executed in the context of Parliament as a political institution is a form of political control more strategic rather than technical supervision administration. It shows that the supervisory function carried by DPRD at the level of policy control to create checks and balances. Provinces that previously had a weak and limited bargaining power, strengthened by the addition of functions and authority to the governor; Fourth, efficiency and effective are preferred by grinding large areas of autonomy, real and responsible. The principles of democracy, the participation of the community, equity and equality, as well as preserve the potential and diversity areas was neglected. Keywords: Monitoring, Local Government, Political Institutions, Parliament, Local Regulation

A Study of Pluralism in Developing Legal Anthropology Study

A study of legal anthropology are constantly changing which implies the existence of a paradigmatic change from positivism paradigm to constructivism paradigm. These changes occur because of constructivism approach or interpretation/hermeneutics, in anthropology, law is judged that have ability to express the reality, in legal pluralism and philosophical implications that arised. Pluralism is synonymous with life, even to  understand the reality this world,  recognition of plurality is the first step that needs to be built at first. Implications in a study of legal pluralism as the attention, can describe a form of research that put more emphasis on finding and extracting meaning given by the subjects of the existence of laws that regulate themselves in the plural, means that there is an interaction between a researcher associated with the study subjects. On this side, the interaction between researcher and research subjects used more transactional, where the subject of research by the researchers themselves linked interactively, the findings are the result of creation or construction joint between the researcher and the research subject itself. Keywords: Pluralism, legal anthropology, the paradigm, constructivism

Restructuring of Management Authority in Arrangement Institution of Indonesian Mangrove Forest

Restructuring  of management autority in arrangement institution of indonesian mangrove forest, aims to reorganize some authorities contained in the Institutional ministries that manage and utilize mangrove forests in Indonesia. The impact of the authority of each institution owned by the ministry, namely the Ministry of Environment and Forests, Ministry of Maritime Affairs and Fisheries, the Ministry of Agricultural and Spatial Planning and the Ministry of Internal Goverment Affair has implications for the occurrence of overlapping authority, so create egosectoral. Keywords: Restructuring, authority, management, forest and mangrove

Conservation Model Tau Taa Wana as a Cultural Participation Strategy in Forests Conservation in Central Sulawesi

The results of this study shows that the model of conservation as a strategy of cultural participation Tau Taa Wana (Bulang), is an instrument to achieve certain goals better. There is a local culture Tau Taa Wana who need appreciated by the Government. With a high cultural participation of the Tau Taa Wana (Bulang) has own system to preserve the forest. The strategies of Tau Taa Wana (Bulang) in forest management, among others: continuing the existence of customary law in the Tau Taa Wana (Bulang); In collaboration with the Government to conserve forests; The use of traditional institutions for managing forest destruction; Protection of forests from illegal logging; the improving Tau Taa Wana welfare of the forest. The implementation of coaching or mentoring in the Tau Taa Wana. Further indicators of forest conservation has been achieved in the Tau Taa Wana include: sustainable forest, forest damage control, monitoring forest restrained, protection of forest areas based on local awareness, the diversity of species of flora and fauna, the conservation of biotic and abiotic ecosystems, conservation of indigenous collective. Keywords: Tau Taa Wana, Participation, Conservation, Forest

Prevention Religion Offenses (Delic) In Policy Formulation For National Criminal Justice Reform

Religious offenses as crime on the public focuses on the protection of peace religious people is not a religion as the object of protection. However, as the editorial seems that the formulation of the Criminal Code (KUHP) requires the protection of religion. This means that religion is seen as a legal interest or an object that must be protected. Thus there is disharmony between the status and description of the offense with text or formulas offense. In the prevention efforts of religion especially have relationship with criminal law policy formulation in the future in the prevention religious offense in the RUU KUHP 2008 is formulated as a crime against religion and relating to religion or to the religious life. Keywords: Offences Religion, Policy Formulation, Prevention, National Criminal Justice Reform.

Criminal Crime Policy against Child Pornography (Perspective Protection of the Rights of the Child Pornography Victims of Crime)

At the UU. 44 Year 2008 on Pornography gives special attention to children who are prone to be involved in pornography a criminal offense. Given the current storm pornography carries a high crime escalation including its effect on children, it is necessary to study and carried out with the aim to: 1) understand the forms of legal protection that is applied to the crime of child pornography involved, 2) analyze the Criminal Policy against the crime of child pornography; 3) find the right model protection to ensure the implementation of children's rights involved the crime of pornography. The type of this research is a normative juridicalstydy (legal research). This study examines the legislation and scientific opinion related criminal policy against child pornography,  to realize the guaranteed protection of children's rights crime victims pornography. The results showed that in terms of policies to address the crime of pornography involving children have been accommodated in some particular legislation UU No. 44 of 2008 has set the crime of pornography that explicitly contain child pornography. Even also explicitly criminalize pornography involving children. Besides, in particular also for the protection of children from the influence of pornography and forth in Chapter III of the Child Protection section 15 and section 16, but related to other regulations governing child is UU No. 4 In 1979, UU no. 3 In 1997, UU no. 23 of 2002 . Keywords: Criminal Policy, Children, Pornograph