Political Law of Local Government to Resolve Disputes Adat Law in Kei Island

  • Soeleman Djaiz Baranyanan et al.

Abstract

Indonesia as a state of law, has one of the main characteristics is the importance of laws and regulations. Legal politics in the opinion of Padmo Wahdjono is a state policy about what is used as a criterion for evaluating something (making something legal). The politics of law is related to the formation of law and its application. With the enactment of Law no. 23 of 2014 concerning Regional Government, this Act provides an opportunity for regional governments to regulate and manage their regions based on the interests of aspirations in the community. Based on Amendments to the 1945 Constitution of the Republic of Indonesia, Article 18B, among other things, states that the state recognizes and respects traditional customary community units and their traditional rights. In the case of traditional disputes (hawear / sasi) in the Kei Islands of Maluku, sasi / sealing often occurs in public facilities including schools, government offices, connecting bridges and places of worship. This actually has come out of the values ​​contained in customary law there, thereby disrupting and inhibiting the activities of community life in the area. So far, local governments have only acted as intermediaries in resolving these adat disputes. So the problem in this research is the need for legal politics from the local government that can resolve the issue of customary law disputes (hawear / sasi). The purpose of research is to find the best answers and solutions to problems that have been formulated by researchers. This research was conducted using a normative juridical approach, ie research that would be conducted was aimed more at written regulations, legislation and other legal materials, for secondary data obtained through books in libraries and also from the mass media relating to articles and a journal. related journal. The conclusion of this study is that if the local government must play an active role and also have an important role in regulating and formulating legal politics which in its implementation can resolve the issue of customary law disputes that occur in the Maluku Kei Islands.

Published
2019-12-31
How to Cite
et al., S. D. B. (2019). Political Law of Local Government to Resolve Disputes Adat Law in Kei Island. International Journal of Advanced Science and Technology, 28(20), 494 - 499. Retrieved from http://sersc.org/journals/index.php/IJAST/article/view/2838
Section
Articles