Hukum Masyarakat Nelayan Saka Dalam Sistem Hukum Nasional

This research discusses the problems as follows: First, how Saka fisherman community understands the mastery concept and the ownership of Saka (Hp2S) that are socially constructed from generation to generation as the legal system existing in the traditional fisherman community in the Regency of Tumbang Nusa of Pulang Pisau, Central Kalimantan; second, how Saka fisherman community manages the conflicts; and third, what attempts can be performed in order that the legal norms of Saka fisherman community can be acknowledged in the legal system development process. This research uses the sociology of law study type with emic perspective. The research result concludes that: first, the mastery of Saka is temporary before the decision on acknowledgement as the owner is made. The process of Saka ownership is initiated from the invention of Saka which is not yet owned by anybody. Later, that Saka is confirmed as owned property and gets the acknowledgement from the community. Second, from generation to generation, they manage the conflicts using deliberation to reach consensus. The form of conflict management of Hp2S using “deliberation to reach consensus” is mostly dominated by men as the role models (the elders) in each group owning Saka. Third, the effort which can be done by the government is creating the new regulations of law or reconstructing the normative bases, or at least creating the regulations of the protection of Hp2S values in the national legal system

Quo Vadis The Law Enforcement and Ethics of The State Organizer in Indonesia

The law enforcement to and ethics of the state organizers need to trace the law theories of the positivism and the development of the continuing critics. The law theories of positivism is the scientific paradigm on the mind set of the disipline society. Relating to enforcing of the law and strengthening the ethics of the state organizers is very complicated. The Indonesians reformed to fight against the tyranny as the deviation from the proper law and ethics, and the urgent cases, especially the rampant corruption. The fact that, after years, the reformation movement is unable to do much, as the corruption keep happening in rampant and the ethics of the state slowly disappear. The law enforcement for the firm ethics of the state organizer must be expanded on the concept of the management of the social order and the development of ethics as well as the state organizers. These are the efforts to construct the regularity as the substance of the main benevolent values. In terms of law enforcement, the most crucial one is the synergy of the three pillars the law enforcement, and the legal culture of the society. Thereby, the state organizers are expected to have both the ethichs and the high moralities. In order to manifest it, the State Organizers Honorary Council of the Republic of Indonesia (SOHC RI) is needed