Suhendar, Suhendar (2025) PERAN DAN TANGGUNG JAWAB MASYARAKAT ADAT KASEPUHAN GELAR ALAM DALAM PENGELOLAAN LAHAN MASYARAKAT ADAT. Other thesis, Nusa Putra University.
Suhendar (Repo).pdf - Other
Download (796kB)
Abstract
The existence of indigenous communities as legal subjects with their own normative systems plays a crucial role in regulating the relationship between humans and their environment, including in land management. Amid the dominance of state law, the persistence of customary law within communities such as Kasepuhan Gelar Alam indicates that customary law remains alive and functions as an effective system of social control. This study is entitled "The Role and Responsibility of the Kasepuhan Gelar Alam Indigenous Community in the Management of Customary Land." The main focus of this research is to examine the forms of responsibility assumed by indigenous communities in managing customary land, as well as the customary norms, rules, and sanctions that apply to the utilization and preservation of such land. The method employed is the empirical juridical method, which examines legal issues through the observation of social realities in the community, particularly those related to customary law as part of the unwritten legal system. The findings reveal that the responsibilities of indigenous communities are manifested through collective practices and land management based on local wisdom, involving customary structures, spiritual values, and generational role distribution. The prevailing customary norms regulate land types, impose specific prohibitions (such as prohibiting the clearing of sacred forests), and prescribe agricultural practices aligned with natural cycles and traditional functions of land. To ensure compliance, customary sanctions are applied in cases of violations, ranging from mild sanctions such as warnings to severe ones like social exclusion. The role of customary law in regulating the community’s relationship with land is central and reflects principles of sustainability and ecological justice passed down through generations. This study affirms that customary law is not merely a traditional norm, but a living law with real normative power in maintaining sustainable land management and constitutes an integral part of the national legal system that recognizes the existence of indigenous legal communities. Keywords: customary law, indigenous community, land management, Kasepuhan Gelar Alam.
| Item Type: | Thesis (Other) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Bussiness and Humanities > Law |
| Depositing User: | Unnamed user with email liu@nusaputra.ac.id |
| Date Deposited: | 01 Sep 2025 09:42 |
| Last Modified: | 01 Sep 2025 09:42 |
| URI: | http://repository.nusaputra.ac.id/id/eprint/1617 |
