Model Penormaan Kearifan Lokal Masyarakat Hukum Adat Datuk Sinaro Putih dalam Rangka Pemberdayaan Masyarakat di Kecamatan Pelepat Kabupaten Bungo

Authors

  • Bahder Johan Nasution Fakultas Hukum Universitas Jambi
  • Syamsir Fakultas Hukum Universitas Jambi
  • Iskandar Zulkarnain

Abstract

This study aims to examine and analyze in depth the form of community empowerment and the application of local wisdom in the administration of village governance. The problem raised in this study discusses whether local wisdom as an unwritten law can be applied as a guide in administering village governance. This study uses the normative method with steps of description, systematization and explanation of the contents of the positive law in depth using the concept approach, the approach of the law and the analysis of systematic synchronization. This research is expected to give a clear picture of whether the empowerment of customary law communities with all the local wisdom that grows and develops in the indigenous law community Datuk Sinaro becomes a union with the land, territory and natural resources. Likewise with the law that is used as an instrument of development in achieving the welfare goals of indigenous law communities, is it based on legal pluralism in Indonesia which is still maintained and is valid until now. The sociocultural societal diversity contained in local wisdom is generally verbal and not fully
documented. Formalization of customary law with local wisdom owned by the community,
as a law that lives in society has become a social reality that has lasted a long time. On the one hand, there is a view that customary law as a legal system does not need to be an official law, or formulated, because, if customary law is formulated in writing it will result in counterproductive consequences resulting in reducing public awareness of customary law. On the other hand, there are views that see the importance of customary law with the values of local wisdom formulated in writing, through the mechanisms and procedures of the regional legislature, given the conditions of customary law with all its local wisdom which currently tends to be marginalized by the presence of written law.

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Published

2021-06-11

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Section

Articles