文章基本信息

标题：REVITALISASI PERADILAN ADAT PADA MASYARAKAT NGADA BERBASIS KEARIFAN LOKAL
本地全文：下载
作者：Dominikus Rato
期刊名称：Yustisia
印刷版ISSN：0852-0941
电子版ISSN：2549-0907
出版年度：2017
卷号：4
期号：2
页码：335-348
DOI：10.20961/yustisia.v4i2.8652
出版社：Faculty of Law, Universitas Sebelas Maret
摘要：Th e aim of this study to develop conflict resolution options o r alternatifve dispute resolution i n the local-knowlegde perspective in wo e communit y in Ngada . I n the socio-cultural reality that local knowledge is plural . Diversit y of local knowledge based on the local community cosmology . Conflict r esolution is always directed towards harmony . W ith 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 .
其他摘要：Abstract Th e aim of this study to develop conflict resolution options o r alternatifve dispute resolution i n the local-knowlegde perspective in wo e communit y in Ngada . I n the socio-cultural reality that local knowledge is plural . Diversit y of local knowledge based on the local community cosmology . Conflict r esolution is always directed towards harmony . W ith 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 .
关键词：adat law dispute resolution; cosmology.